Delaware County Ohio Will Records Vol. 4 1859-1869

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 1)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 1)

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[page 1]

[corresponds to front cover of Will Records Vol. 4 - 1859-1869]

WILL

RECORD

4

1859 - 1869
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 2)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 2)

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[corresponds to inside front cover of Will Records Vol. 4 - 1859-1869]
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 3)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 3)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 4)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 4)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 5)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 5)

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[page 5]

[corresponds to page labeled AB of Will Records Vol. 4 - 1859-1869]


Will Record

4 1859 - 69


Allen Whiting decd will of will REC #4 37

Andrus Timothy ~ ~ ~ 41143

Ashburn, John's Will of 142

Andrew, Noble's Will of 210

Allbright Gottlieb F 398

Adams Rulif 431


Brown John S. decd Will of 10

Brown John C. decd Will of 30

Brown Joseph G. " " 88

Blinn Prudence " " 91

Benton Minerva's Will Case No 122 - 119

Blanchard Orange A. Will 126

Binder, Frederick's Will 129

Baker Becker, Franz Carl's Will 133

Bean Hiram's Will 150

Barrows, Orrin's Will 164

Barton Amples Will 194

Boyd Luther " 310

Bell Henry " 358 Case No. 1681

Beach Israel " 381

Barnwell Patrick 401

Benton Edward H. 407

Benton Isabella 424 Case No. 1770

Bacom Mathew 443

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 6)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 6)

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[page 6]


Cross, Bazel decd will of page 1

Covell, Calvin " " " " 3

Carpenter Moses " " " " 18

Cowgill Thomas " " " " 22

Case Titus " " " " 28

Clark Robert " " " " 36

Cellar Robert McCoy " " " " 56

Cox John W " " 85

Cellar James' Will " 104

Collum Peter's will 108 & 9

Cummins, John's Will 131

Cherry James of Franklin Co.'s will Recorded 155.

Curren Isaac Will 208.

Curtis Augustus Will 229. Case No 1477

Caldwell Andrew Will 236.

Cummins Orson H. Will 240.

curtis John Will 268.

Curtiss Oliver Will 295.

Cunningham William 315

Carter Cephas Will 345

Clark Satchel " 356

Corbin Truman " 343. Case No 1728

Curtiss Marcus page 420.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 7)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 7)

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[corresponds to labeled page CD of Will Records Vol. 4 - 1859-1869]


Downing Eli deceased Will 16

Dildine Effy " " Case No 941 24

Davies Thomas " " 53

Davis Asher A. " " Case No 1122 90

Darst, Peter's " Will " " 1210 105

Decker, James' Will 127 " " 1244

Domigan, Enoch's Will 170.

Davis, Bela C. Will 231.

Dunham Albert D. Will 247. Case No 1518

Day Charles Will 305

Domigan William Will 371
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 8)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 8)

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[page 8]


Eldridge Thomas H's Will 116. Case No 1225

Elmer Calvin's Will 136.

Elliott, Mrs. Margaret Will 286.

Eaton James 405
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 9)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 9)

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Freese Henry Last Will & Testament dcd 31

Fairchild. Sherman's Will 110

Folk, Everhart's Will 124. Case No 1236

Fowler, Margaret's Will 166.

Finch Irvin McD.'s Will 167.

Fuller Hiram A's Will 168.

Finley, George W. Will 245

Felkner, Jacob. Will 275 Case No 1555

Freshwater, Christopher Will 296.

Frey Katharina " 333 Case No 1643

Faulkner Henry " 349 " " 1662

Fuller Mary " 360

Farrchild Huldah " 368

Freshwater John Adam " 374

Flagg Sarah " 395

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 10)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 10)

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[page 10]

Greatreaks Oliver Last Will & Testatment p. 32

Gock Gotlieb John " " & " " 64

Griffith Anthony L " " & " " 70

Gray James " " & " " 80

Greenlee Joseph's Will 153. Case No. 1332

Gamble Media Will 196.

Gross Michael Will 199.

Gorsuch Nathan Will 226.

Gillett, James E. Will 270.

Graham John A. " 322

Gray John P. " 354

Glass Wm. " 362

Gaston William " 403

Gregg Henry 422

Geary David 426 Case No. 1768

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 11)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 11)

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High Benjamin Last Will & Testament p 42

Holly Benjamin " " & " " 72

Humphreys Evan decd " " & " " 81

Harrison Isaac decd " " " " " 95

Hults, Jesse's Will 107

Hovey, Sophia's Will 119

Haslett Harvey's (John) Will 122. Case No. 1238

Holt, John's Will 147.

Hadley Thomas' Will 187.

Harden Isaac Will 192.

Harris, Sumner Will 228.

Hubbard, Horace D. Will 253.

Homer Fitz Henry. Will recorded 255.

Harter Laura P. Will 292.

Hoy Peter " 327

Howalt Andrew 411

Harrison Mrs Comfort 433

Houseworth Mrs Sophronia 441. Case No 1808

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 12)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 12)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 13)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 13)

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[page 13]

[corresponds to page labeled IJ]

Jones, John's Will 115

Jamison, Robert's Will 137.

Jones, Ishmael Will 161.

John P. Jones Will 172.

Jones, David P. Will 174.

James Harry's Will 189. Case No 1419

Jewett James D. Will 294. Case No 1586

Joy Wilder 384.

Jack Andrew 416 Case No 1778

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 14)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 14)

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[page 14]


Kyle. Rebecca D. decd will of page 2

King, Julia " " " " 5

Knapp Shubael W. " " " " 20

Karr Watson " " " " 27

Kepler Mary Ann " " " " 40

Knox, Titus Will 241.

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 15)

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Long John N. decd Record of Will 8

Love Leonard J. " " " " 25

Leonard Samuel " " " " 45

Lawrence Philip " " " " 309

Leak Elizabeth " " " " 329

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 16)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 16)

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[page 16]


Maize Francis deceased Will of Page 12

Martin Sarah ~ ~ ~ ~ 47

McCoy Thos W ~ ~ ~ ~ 49

Morgan, William. deceased " " " 61

McFalls James " Case No 1079 " 79

McCoy Elizabeth decd Will of Page 100.

Mathias John Will record 186.

McAllister Abdiel Will 205. Case No 1431

Main Thomas Will 222.

Myers, John G. Will 224. Case No 1486

Moors, Sidney Will 248.

Martin William Will 301

Myers Samuel N Will 306 Case No 1599

Michell Tobias H. " 318 " " 1619

McCutchen Alexander " 339

McCutcheon Hodge page 418

Main Sabeers 437

Mantor Major 439 Case No 4143

Moses Salmon 443

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 17)

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Neff, Eberhardina Deceased Will 15

Nettleton Daniel " " p 35

Nutt, John Will " 275. Case No 1554
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 18)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 18)

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[page 18]

Orcutt, Sylvester Will 282. Case No. 1566

Owston William will 291.

Ott Samuel 413
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 19)

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Perry Sarah E. Decd Will Case No 920 14

Pierce Joshua W. " " 55

Peet Judah " " 68

Patnik Joseph " " 83

Pitts Andrew's will 162. Case No 1336

Poppleton Samuel will 175.

Pierce Arzal. will 271.

Parks John Baker " 325

Pierson Jonathan 386
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Robison John decd Authenticated Copy of Will records 59

Rose, James will 179. Case No 1337

Rosecrans John Will 217.

Riddle Godfried will 250.

Ridgway, Mrs. Emma. Will 284

Roberts John Will 303

Rogers David 352 Case No 1667

Roff James 429

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 22)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 22)

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Stark James decd Record of Will 6 & 7

Slawson James ~ ~ ~ ~ 57

Sharp Wm T ~ ~ ~ ~ 75

Sherman Vincen Finsen " " " " Case No 1108 1/2 - 87

Selleck Edward J. C decd Record of Will 103.

Shank, Sebastian's Will 113

Swarts Abraham's Will 140 Case No 1309

Shaw Williams's Will 152 " " 1329

Salmon John's Will 203 " " 1441

Saunders, Azor's Will 214

Smith Jacob Will 220 Case No 1482

Smith Henry Will 232 " " 1495

Stephen, Hugh M. Will 238.

Shea, James. Will 280

Stiles William copy Will 313.

Sherman David T. " 347

Salmon Anna " 366

smith Philip 379

Seigfried Elizabeth 390

Sailsbury Ephriam 435
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 23)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 23)

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[corresponds to labeled ST of Will Records Vol. 4 - 1859-1869]


Turner Joel B. Last Will & Testament p. 3rd

Thomas, Griffith's Will 148.

Thrall, Alexander's Will 201.

Thomas, William P.'s Will 215.

Tuller, Roswell Will 234.

Thomas Robert A. 377 Case No. 1709

Thomas Owen 409

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Van Sickle Wm G. Will 207.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 26)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 26)

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[page 26]

Webster William Will of - - p. 39

Warr - - p

Worline David Will of - - p 65

Weiser Catherin Will of - - " 74

Welch Isaac ~~ Will of - - " 77

Wheaton Squire's Will 144.

Wise Susan's Will 151.

Wilcox Benjamin F. Will of (from Licking Co.) Page 182

Welch, William L. Will 212.

Woodcock, Cornelius, Will 252.

Wollum Daniel Will 287

Watters John " 288

Willey Henry " 335

Waldron Richard " 372

Wheeler, John W. " 375
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 27)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 27)

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[corresponds to labeled page WX of Will Records Vol. 4 - 1859-1869]


Van Sickle, William G. Will. 207.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 28)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 28)

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[page 28]

[corresponds to unlabeled page of Will Records Vol. 4 - 1859-1869]

Yeager, Eve M. Will 277. Case No 1564

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 29)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 29)

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blank page
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 30)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 30)

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[corresponds to labeled page 1 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Bazel Cross decd


Proceedings had before Hon. I. Ranney Probate Judge within and for the

County of Delaware and State of Ohio at his office in the Town of

Delaware on the 20th day of June A.D. 1859


This day the last will and testament of Bazel Cross decd. late of

Harlem Township in said County was produced in open Court and

duly proven by the testimony of Jacob Williams and Barnabas Hatch

the subscribing witnesses thereto (as reduced to writing and filed with

said will) admitted to Probate and entered to be recorded as follows.


(Copy of Will)

Know all men by these presents that I Bazel Cross of the town

of Harlem in the County of Delaware and State of Ohio considering

the uncertainity of this life and being of sound mind and mem

ory do make declare and publish this my last will and

testament

First I give and bequeath to my son Benjamin twenty five acres

of land lying in Blendon Township Franklin County Ohio

and to hold to him and his heirs for ever. And the said

Benjamin is to pay to the rest of my eyers the folling amount namely

second to my son David five dollars, to my oldest girl Char-

lotta the some of thirty dollars, and to my second girl Rebecca

the sum of thirty dollars and to my third girl Mary Anne the

sum of thirty dollars. and to my forth girl Elizabeth the

sum of thirty dollars.

Furthermore I do apoint J.A. Williams to be the executor of this

my last will and testament

In testimony wareof I hav here subscribed my name

and afixed my seal this 20 day of January in the years of our

Lord one thousand eight hundred and fifty nine

Bazel X Cross {LS}

His mark


Signed sealed declared and published by the said Bazel Cross as recd

for his last will and testament in presence of us when at his request,

and in his presence and in presence of each other have subscri

bed our names as witnesses hereto

Jacob Williams

Barnabas Hatch


The State of Ohio, Delaware County ss.

We Jacob Williams and Barnabas Hatch being duly sworn in open Court this

20th day of June A.D. 1859, depose and say that we were present at the execution of the

last will and testament of Bazel Cross hereto annexed: that we saw the said testator

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

testament and that the said testator at the time of executing the same was of full age and

of sound mind and memory, and not under any restraint, and that we signed the

same as witnesses at his request and in his presence and in the presence of each other

Jacob Williams

Barnabas Hatch

Sworn to and subscribed before me this

20th day of June A.D. 1859 I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 31)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 31)

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[page 31]

[corresponds to labeled page 2 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Rebecca D. Kyle decd


Proceedings had before Hon I. Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his Office in

the Town of Delaware on the 21st day of June A.D. 1859


This day the last will and Testament of Rebecca D. Kyle decd late

of Radnor Township in said County was produced in open

Court and duly proven by the testimony of J.B. Jones and Elias

George the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to probate and ordered to be recor

ded as follows.

(Copy of Will)


In the name of the Benevolent Father of All I Rebecca Kyle of

Radnor Township, Delaware County ohio do make and publish this

my last will and Testament.

Item 1st I give and devise to my Aunt Elizabeth Kyle two hundred

and fifty dollars it being a legacy left me by my Father David

Kyle's last will and Testament.

Item 2nd I give and devise to my Aunt Elizabeth Kyle all my personal

property that I now own.

Item 3rd I do hereby nominate my Aunt Elizabeth Kyle Executrix of

this my last will and Testatment. I desire that no appraisment and

no sale of my personal property be made and that the Court of

Probate direct the omission of the same in pursuance of the Statute.

I do hereby revoke all former will by me made

In testimony hereof I have hereunto set my hand and seal this 11th day

of June A.D. 1859 Rebecca D. Kyle {seal}

Signed and acknowledged by said Rebecca Kyle as her last Will and

testament and signed by us in her presence.

J.B. Jones

Elias George


The State of Ohio, Delaware County SS.

We John B. Jones and Elias George being duly sowrn in open court this 21st

day of June A.D. 1859, depose and say, that we were present at the execution of

the last will and testament of Rebecca D. Kyle dec hereto annexed that

we saw the said testatrix subscribe said will and heard her publish and

declare the same to be her last will and testament, and that the said testa

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

and memory and not under any restraint and that we signed the same

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

each other.

J.B. Jones

Elias George

Sworn to and subscribed before me this 21st day of June A.D. 1859

I. Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 32)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 32)

Description

[page 32]

[corresponds to labeled page 3 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Calvin Covell decd


Proceedings had before Hon I. Ranney Probate Judge within and for

the County of Delaware and State of Ohio at his office in the Town of Dela-

ware on the 29th day of June A.D. 1859


This day the Last Will and Testament of Calvin Covell late of Del-

aware County Delaware Township deceased was produced in open

Court and duly proven by the testimony of Delashmind Walling one

of the subscribing witnesses thereto (as reduced to writing and filed

with said will) admitted to probate and ordered to be recorded as

follows


(Copy of Will)

Last Will and Testament of Calvin Covell

In the name of God Amen

Know all men by these present that I Calvin Covell of Delaware

Delaware County State of Ohio being of full age sound judgment &

disposing mind do hereby make & establish this my last will and

Testament hereby revoking all last wills & testaments & codicils to wills

or any writing in form or intended for last wills or testatment heretofore

by me made or intended to be made

lst I will & devise that my just debts & funeral expenses be all paid

2 I will & bequeath to each of my sons & daughters viz my son

Manyl D. Covell, Lyman S. Covell & Calvin E. Covell and my daugh-

ters Mary Ellen Emmerson wife of George Emerson, Lovina Ann

Covell, Pamela Jane Covell, Adaline J. Covell and to my grand

son Lewellyan D. Likes son of my deceased daughter Clarissa E.

Lykes all the balance of my estate both real, personal or mixed

to be equally divided among them. It being my intention that

Lewellyan E. Lykes share or proportion is not to be given to him

until he arrives to the age of twenty one years.

3 I do hereby appoint & constitute James Eaton & Benjamin Powers

my executors of this my last will and Testament.

In testimony whereof I hereunto set my hand & seal in the

presence of Otis Ensign & D. Walling whom I requeast to witness the

same this 29th day of March A.D. one thousand eight hundred & fifty

one. Calvin Covell {seal}

Subscribed signed & sealed the date above in presence of the subscribing

witness who signed the same in presence of said testator & of each other

Otis Ensign

D. Walling


The State of Ohio Delaware County ss.

I, Delashment Walling being duly sworn in open court this 29th day

of June A.D. 1859 depose and say that I was present at the execution

of the last will and testament of Calvin Covell hereto annexed that I

saw the said testator subscribe said will, and heard him publish

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

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

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

that I signed the same as witness at his request and in his presence.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 33)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 33)

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[page 33]

[corresponds to labeled page 4 of Will Records Vol. 4 - 1859-1869]


Last Will And Testament of Calvin Covell decd


and in the presence of Otis Ensign the other subscribing witness

who signed the same as witness in my presence & is at this time

in parts unknown - supposed to be in California but I cannot learn

where Delashment Walling

Sworn to and subscribed before me this 29th day of June A.D. 1859.

I. Ranney Probate Judge


State of Ohio, Delaware Co. ss.

George Welt being sworn says that he is acquainted with the handwriting

of Otis Ensign, has seen him write his name & verily believes the signature

as witness to the within will purporting to be his is genuine & further

that the present whereabouts of sd Ensign are to him unknown

G.W. Welt

Sworn to & subscribed before me June 29th 1859

I. Ranney P.J.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 34)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 34)

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[page 34]

[corresponds to labeled page 5 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Julia King decd

Proceedings had before Hon I. Ranney Probate Judge within and

for the County of Delaware and State of Ohio at his office in the Town of

Delaware on the 1st day of July A.D. 1859.


This day the Last Will and Testament of Julia King decd late of Del-

aware Township in said County was produced in open Court and

duly proved by the testimony of Revd Casper Wiese and Nicoles

Shaefer the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to probate and ordered to be

recorded as follows.

Copy of Will

The last will and testament of Julia King of Delaware Ohio.

Be it known that I, Julia King, being of sound and disposing mind and

memory do now make this my last will and testatment as follows to wit.

1st As soon after my death as may be convenient, I wish my personal

property disposed of by my Executor either at private or public sale as

my Executor may deem proper and out of proceeds I wish all my debts

and funeral expenses paid and any balance coming from the

personal estate is to be held in trust by my executor for the use support and

education of Mary Noone a little girl with me.

2nd I give and bequeath to my daughter Eliza Dewine Lot No 42 in

East Delaware as laid off and platted by I.J. Richardson & wife

with the improvements. The Rent of the house which is now occu

pied by John Hickey at $2.25 per month is to be applied by my

Executor for the use of the said little girl, Mary Noone from June 1st,

1859 to April 1st 1860. And the said Eliza Dewine is to pay $20 to

the Pater of Saint Mary Church Delaware as soon as may be

convenient for her as a perpetual memorial of my death and

pay the interest at six per cent per annum untill she pays the

principle and that sum is charged as a line on the lien on the property

untill paid.

3rd All gifts and donations heretofore made by me are to be held

sacred and are here confirmed.

I hereby constitute and appoint my friend William Sweeny

the Executor of this my last will and testament hereby revoking

all former will and declaring this to be my last will and

testament.

Signed sealed and delivered this 20th day of June 1859

I have called my Pater the Rev. )

Casper Weise and Nicoles Schaefer ) her

as witnesses to this my last will and ) Julia X King {seal}

have signed as witness at my request ) mark

Revd C Wiese )

Nicolas Schaefer )


The State of Ohio, Delaware County ss.

We Casper Weise and Nicolas Schaefer being duly sworn in

open Court this 1st day of July A.D. 1859 depose and say that we

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 35)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 35)

Description

[page 35]

[corresponds to labeled page 6 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Julia King decd


were present at the execution of the last will and testament

of Julia King hereto annexed, that we saw the said testa-

trix subscribe said will and heard her publish and declare

the same to be her last will and testament, and that the

said testatrix at the time of executing the same was of full

age and of sound mind and memory, and not under

any restraint and that we signed the same as witnesses at

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

Revd C. Wiese

Nicolas Schaefer

Sworn to and subscribed before me this 1st day of July A.D. 1859

I. Ranney Probate Judge


Last Will and Testament of James Stark decd.

Proceedings had before Hon I. Ranney Probate

Judge within and for the County of Delaware and State

of Ohio at his office in the town of Delaware on the

16th day of July A.D. 1859

this day the last will and Testament of

James Stark late of Kingston Tp. in Ohio County Dela

ware produced in open Court and duly proven by the testi

mony of Oliver Stark & Cepter Stark the subscribing witnesses

thereto as reduced to writing & filed with sd will and admitted and

Probate and ordered to be recorded as follows.

Copy of Will.

I James Stark of the County of Delaware in the State

of Ohio do make and publish this my last will and tes

tament in manner and form following that is to say

1 It is my will that my funeral expenses and all my

just debts be fully paid.

2d I give and bequeath to my oldest daughter Maria

Perfect Six hundred dollars to be paid the first two hundred

to be paid in one year after my death. One each year

thereafter two hundred dollars untill the six hundred is paid.

3d I give to Sarah Carpenter two hundred dollars in six

yearly payments one sixth in one year after my death and

so on each year thirty three & one third of a dollar un

till all is paid

4 I give unto George Carpenter One hundred and twen

ty five to be paid one half in six years after my death

and the ballance in seven years.

5th I give unto Layfayette Carpenter One hundred and twenty five

dollars one half to be paid in six years after my death the
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 36)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 36)

Description

[page 36]

[corresponds to labeled page 7 of Will Records Vol. 4 - 1859-1869]


Last Will & testament of James Stark decd

ballance in two years after my death.

6th I give to Rebecca Bigelow one hundred dollars to be

paid one third in six years and the ballance in equal pay

ments of Thirty $33.33 If the said Rebecca Bigelow should

die without heirs then the above amount to go to the

Carpenter heirs above mentioned.

7 I give unto my son James N. Stark all of my re-

al estate containing one hundred and ninety nine acres one

hundred in Porter Township and ninety nine in Kingston

providing he pays up the several sums heretofore written

9 It is my will that James N. Stark buy for me a

set of marble tombstone worth $25.00 $30.00

And lastly I hereby constitute and appoint my son

James N Stark & Oliver Stark to be the executors for this my

last will and testament, revoking and annuling all former

wills by me made and ratifying and confirming this and

no other to be my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 26th day of January A.D. 1859. signed published &

declared by the above named James Stark as and for his

last will and testament in presence of us who at his re

quest have signed as witnesses to the same.

Witness James Stark {Seal}

Oliver Stark)

Cepter Stark)


The State of Ohio Delaware Co. SS.

We Oliver Stark and Cepter Stark being duly swarn in

open Court the 16th day of July A.D. 1859 declare and say that

we were present at the execution of the last will and testa

ment of James Stark hereto annexed: that we saw the said

testator subscribe said will by authorizing Oliver Stark to sign his name

to the same, which was done in our presence and in the presence of

said testator by his express direction, and heard him publish and do

claim the same to be his last will and testament, and that the

said testator at the time of executing the same was of full

age of sound mind & memory & not under any restraint &

that we signed the same as witnesses at his request and in

his presence, and in the presence of each other.

Oliver Stark

Cepter Stark

Sworn to & subscribed before me this 16th day of July A.D. 1859

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 37)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 37)

Description

[page 37]

[corresponds to labeled page 8 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of John N. Long decd


Proceedings had before Hon. I. Raney Pro

bate Judge in and for the County of Delaware &

State of Ohio at his office in the town of Delaware

on the 13th day of August A.D. 1859

This day the last will and testament

of John N. Long late of Genoa Tp in said

county decd was produced in open court, and

duly proven by the testimony of the subscribing wit

nesses thereto Henry Christman and Jacob Ad

ams, as reduced to writing and filed with the will

and the whole ordered to be recorded.


Copy of Will.

I John N. Long do make and publish this my

last will and testament

First I give and devise to

my son John one bay colt, said colt is a horse

colt one year old

Second I give and devise to my

wife the residue of my personal property & all of

my real estate during her natural life. At

the death of my said wife I give to my daugh

ter Mary Ilfreck who resides in Germany five dol

lars. To my Grand-daughter Joanna Loughery

five dollars. The residue of the property I wish to

be divided equally between my three children Hen

ryetta Wagner, Katharine & John Long

I do hereby nominate

and appoint Henry Christman executor of this my last

will and testament hereby authorising and empowering him

to compromise adjust release and discharge in such man

ner as he may deem proper the debts and claims due

me. I desire that no appraisement & no sale of

my personal property be made, and that the Court of

Probate direct the omission of same.

In testimony here

of I have hereunto set my hand & seal this 18th day

of July 1859. John X N. Long {Seal}

his mark

The within was signed and acknowledged by the said John

N. Long as his last will & testament in our presence

& signed by us in his presence

Henry Christman )

Jacob Adams )

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 38)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 38)

Description

[page 38]

[corresponds to labeled page 9 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of John N. Long decd.

The State of Ohio Delaware County ss.

We Henry Christman & Jacob Adams being duly sworn

in open court this 13th day of August A.D. 1859 depose

and say that we were present at the execution of the

last will and testament of John N. Long hereto an

nexed; that we saw the said testator subscribe

the same, and heard him publish and declare

the same to be his last will and testament &

that as testator at the time of executing the same

was of full age and of sound mind and mem

ory and not under any restraint, and that we

signed the same as witnesses at his request and

in his presence & in the presence of each other.

Henry Christman

Jacob Adams

Sworn to & subscribed before me this 13th day of

August 1st 1859

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 39)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 39)

Description

[page 39]

[corresponds to labeled page 10 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of John S. Brown decd

Proceedings had before Hon I. Ranney Judge

of the Probate Court within and for the County of Del

aware and state of Ohio at his office in the town of

Delaware on the 15th day of August A.D. 1859

This day the last will and testament of John

S. Brown deceased was produced in open court & duly

proven by the testimony of Henry Hodgden, J.P. Maynard

and Mr Moseman, the subscribing witnesses to said will - as

reduced to writing by said will - as

reduced to writing by said witnesses respectively subscribed and

filed with said will, - and ordered to be recorded, as follows:

Copy of Will

I John S. Brown being in

feeble health but of sound mind and memory, for these &

all other blessings I hereby trust, I am duly thankful to

my Heavely Father, who has thus far through my life sup

ported and sustained me: do make and publish this my

last will and testament

Item 1st It is my will and re

quest that my Executor will pay all just and legal de

mands against my estate, and cause a plain but suit

able monument to be erected over my grave.

Item 2nd It is my request & will

and I do devise and bequeath unto my beloved wife Sarah

Brown the use of all my real estate, and the use of all the per

sonal property, this to include my notes and if the

aforesaid property not sufficient to furnish her a good and com

fortable support, such as is necessary for a person of her age

and circumstances in life, then she is to have as much of

the principal as will afford her such support as is above

authorised. It is my request that this item be liberally con

strued, and if necessary, to take all the personal property first

then the real estate to afford such support so be it.

Item 3rd I bequeath to my Grandchild Ann Eliza

Brown, daughter of my late son Charles Brown a new fam

ily Bible, the reason that I do not bequeath to her as much

as to each of my children, is that I have given to her fa

ther (C. Brown) more than I ever assisted any other child

and my prayer is that she may diligently study the same

and practice its divine precepts during life and enjoy its bles

sings through eternity.

Item 4th After the decease of my said wife Sa

rah it is my request and will that all my property re

al and personal after creating an appropriate tombstone

over her grave and paying any legal demands against

her that my executor shall if alive, if not, then my

children in their legal representations shall cause said prop

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 40)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 40)

Description

[page 40]

[corresponds to labeled page 11 of Will Records Vol. 4 - 1859-1869]


Last Will & testament of John S. Brown decd


erty to be divided equally between my children, Jane Westerville

Ezekial Brown, Benjamin C. Brown and Mary E. Bailey and

if any shall die before that time then his or her child or

children to inherit its parents portion; but if any shall die

leaving no surviving child then such childs portion to be

equally divided among my other children and their legal rep

resentatives, and if in any case it shall be necessary to

sell the real estate, either for the support of my wife or to

make an equitable division of my property then my ex

ecutor is authorized and empowered to sell at public or

private sale on the most advantageous terms and make

execute and deliver to the purchaser a good & sufficient deed

As I have assisted my sons Ezekial and

Benjamin C. Brown to eight hundred dollars each and

to each of my daughters Jane & Mary E. five hundred dollars each

Pay and to be first made equal with my sons, their Pd -

ballances to be divided equally among all four of my chil

dren or their legal representation.

Item 5th I do hereby appoint my son Ezekiel Brown

the Executor of this my last will and testament revoking

any and all other wills by me made. In testimony

whereof I have signed and sealed this my will this 30

day of April 1859

his

John x S. Brown {seal}

mark

Signed and sealed by said John S. Brown )

in our presence & he acknowledges the same )

to be his Will and we witnessed the same )

in his presence and at his request )

J.P. Maynard )

M. Mossman )

Henry Hodgden )

State of Ohio Delaware County ss.

Mr. Henry Hodgden, J.P. Maynard & Matthew Mossman being duly sworn

in open court this 15th day of August A.D. 1859 depose and say that we

were present at the execution of the last will and testament of

John S. Brown hereto annexed that we saw the testator subscribe

sd will, and heard him publish and declare the same to be his

last will and testament, and that said testator at the time of

executing the same was of full age and of sound mind and

memory and not under any restraint, and that we signed

the same as witnesses at his request & in his presence & in the

presence of each other.

Harry Hodgden

J.P. Maynard

M. Mossman

Sworn to & subscribed before me this 15th day of August

A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 41)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 41)

Description

[page 41]

[corresponds to labeled page 12 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Francis Maize decd


Proceedings had at the office of Isaac Ranney

Probate Judge in and for the county of Delaware and

Sate of Ohio on the 30th day of August A.D. 1859 before

Isaac Ranney Probate Judge


An authenticated copy of the last will and testament

of Francis Maize late of Marion County in said State of

Ohio decd was this day produced in Court and it ap-

pearing to the satisfaction of the court that the said will

was being proved in said county according to law and that the said will

has relation to property within said County of Delaware

Therefore on motion it is ordered by the Court that said

authenticated copy thereof be recorded in the record of wills in

this office

I. Ranney Probate Judge

Francis Maize Copy of Will

At a court of Probate within and for the County of Marion

and State of Ohio, held by George Snyder, Judge there of on the

28th day of July in the year of Our Lord One Thousand Eight Hundred

and fifty nine

Be it remembered that on the day and year afore

said and in the court aforesaid, the last will and testatment of

Francis Maize late of Marion County and State of Ohio, was

produced, and admitted to record, which will is in the records

and figures following to wit

In the name of the Benevolent Father of all I

Francis Maize, do make and publish this my last will

and Testament

Item 1st I give and bequeath to my daughter Margaret

Phillips one half of my real estate lying and being in

Thompson Township Delaware County Ohio. Said premises

contain one hundred & Eleven and one half acres, with the

understanding that she my said daughter Margaret give

to my daughter Frances Isabella Cox One Hundred Dollars

Item 2nd I devise and bequeath to my daughter Frances

Isabella Cox, the remaining half of said real estate

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal this 15th day of May A.D. 1856

F. Maize {Seal}

Signed and acknowledge by said )

Francis Maize, as his last will and )

testament in our presence and by us )

in his presence )

A.D. Matthews )

John E. Davids )

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 42)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 42)

Description

[page 42]

[corresponds to labeled page 13 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Francis Maize decd

The State of Ohio, Marion County ss

We A.D. Matthews and John E. Davids being duly sworn

in open court this 28th day of July in the year of our Lord

one thousand eight hundred & fifty nine, depose and say,

that we were present at the execution of the last will and

testament of Francis Maize deceased, hereto annexed; that

we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament,

and that the said testator at time of executing the same, was of

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

any restraint; and that we signed the same as witnesses at his

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

A.D. Matthews

John E. Davids

Sworn to and subscribed before me at Marion this 28th day of

July A.D. 1859

G. Snyder Probate Judge

( July 28th A.D. 1859

Francis Maize Estate ( Probate Court Marion County Ohio

( Proof of Will

The last will and testament of Francis Maize

late of Marion County decd, was this day produced without

A.D. Matthews & John E. Davids the subscribing witnesses to

said will Appeared and in open court on oath testified to the due

execution of said will, which testimony was reduced

to writing and by them respectively subscribed and filed

with said will, and it appearing to the court of said testimo-

ny, that said will was duly attested and executed, and that

said testator, at the time of executing the same was of full

age and of sound mind and memory and not under any restraint;

It is ordered by the Court, that said will and testimony be recorded;

and there being no executor named in the said will. It is further

ordered by the Court, that Thomas Phillips & Prior Cox be and are

hereby appointed Administrators with the will annexed and it

is further ordered by the Court that said administrator give

bond in the sum of One Thousand Dollars with A.D. Matthews

and as securities conditioned

according to law, and the court appoint Henry Freese, Richard

Tyler and Adam Dilsever as appraisers of the personal property

of said deceased, and therefore came they said administrators

and in open Court accepted said appointment, and give

bond accordingly.

G. Snyder Probate Judge

The State of Ohio Marion County ss J. George Snyder Probate Judge

in and for said County, do certify hereby, that the fore going is a true copy of the original

{Seal} on file of said court. In testimony whereof I have hereunto set my

hand and official Seal at Marion this 26th day of July A.D. 1859

G. Snyder Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 43)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 43)

Description

[page 43]

[corresponds to labeled page 14 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Sarah E. Perry Decd

Proceedings had before Hon Isaac Ranney Probate Judge

within and for Delaware County State of Ohio at his office in

the town of Delaware on the 24th day of September A.D. 1859


This day the last will and testament of Sarah E. Perry late

of Radnor township in said county deceased was produced in open

court and duly proven by Abraham Lloyd & David Williams and ordered

to be recorded as follows

Copy of Will

I Sarah E Perry of Radnor Township and Delaware

County in the State of Ohio do make and publish this my last

will and testament in manner and form following, that is to say,

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

debts be fully paid

Second I give and devise and bequeath to my grand son Lewis

Wolfley all my interest in the Estate of Margaret Morris Decd

willed by her to me during her life time and not in my possess-

ion yet.

and Lastly I hereby constitute and appoint my son William Perry

to be the executor for this my last will and testament revok-

ing and annulling all former wills by me made and ratifying

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

ament.

In Testimony whereof I have hereunto set my hand

and seal this 14th day of January in the year A.D. one thousand

eight Hundred and fifty Eight

her

Sarah E. x Perry

mark

Signed published & declared )

by the above named Sarah E. Perry )

as and for her last will and )

Testament in presence of us )

who at her request have signed )

as witnesses to the same )

David Williams )

Abraham Lloyd )

The State of Ohio, Delaware County ss

We David Williams and Abraham Lloyd being duly sworn in open

Court this 24th day of Sept A.D. 1859, depose and say, that we were present

at the execution of the last will & testament of Sarah E. Perry hereto an-

nexed; that we saw the said testatrix subscribe this will & heard her publish

and declare the same to be her last will and testament, and that the

said testatrix at the time of executing the same was of full age, and of

sound mind & memory, and not under any restraint, and that we sign

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

presence of each other

Abraham Lloyd

David Williams

Sworn to & Subscribed before me this 24th day of Sept A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 44)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 44)

Description

[page 44]

[corresponds to labeled page 15 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Eberhardina Neff, Decd


Proceedings had before Hon. Isaac Ranney Judge

of the Probate Court within and for the County of Delaware

and State of Ohio at his office in the town of Delaware

On the 26th day of September A.D. 1859


This day the last will and Testament of Eberhardina Neff, decd

late of Township in said county was produced in

open Court and duly proven by the testimony of C.P. Albright and

C. Houck & T. Reichert the Subscribing witnesses thereto as reduced to writing

& filed with said will admitted to probate and ordered to be

recorded as follows





The State of Ohio, Delaware County ss.

We Christina Houck, Tobias Reicherts and Christian P Albright

being duly sworn in open Court this 26th day of Sept A.D. 1859

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

will and Testament of Eberharania Neff hereto annexed; that

we saw the said Testatrix subscribe said will, and heard her publish

and declare the same to be her last will and testament, and that

the said testatrix at the time of executing the same was of

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

any restraint, and that we signed the same, as witnesses at

her request and in her presence; and in the presence of each

other

C.P. Albright

Christina Houck

Tobias Reichart

Sworn to & subscribed before me this 26th day of Sept A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 45)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 45)

Description

[page 45]

[corresponds to labeled page 16 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Eli Downing Decd


Proceedings had before Hon. Isaac Ranney Judge of the

Probate Court within and for the County of Delaware and,

State of Ohio, at his office in the town of Delaware this 5th day

of October A.D. 1859

This day the last will and testament of Eli Downing

deceased late of Harlem Township, Delaware County Ohio was

produced in open Court & duly proven by the testimony of

Daniel Bennett & B.C. Waters the subscribing witnesses thereto (as

reduced to writing & filed with said will) admitted to Probate &

ordered to be recorded as follows.

In the name of the Benevolent Father of all

I, Eli Downing of the County of Delaware Harlem Township in

the State of Ohio do make and publish this my last well and

testament

lst I give and devise to my beloved wife the farm on which

we now reside, situate in the township of Harlem, County

of Delaware and State aforesaid, containing about Sixty four

acres of land, during her natural life and after her death

should my son Eli Downing survive her, I give and devise to

my son Eli the said farm above mentioned and to his heirs

forever the said Eli to pay Rosell Downing One Hundred Dollars

Nathan Downing Fifty Dollars

Lyman Downing One Hundred Dollars

Elisa Book One Hundred Dollars

Hannah Downing Two Hundred Dollars

Delila Brown One Hundred Dollars

The said sums of money to be paid to the rest of my heirs annually

beginning with the first one named in this my will and paying as their

names are mentioned but none to be paid for one year after the death

of my said wife Said Eli to keep and provide for my said wife so long

as she shall live, and to pay him the Said Eli it is my wish that

he shall have the use and occupation of said farm and to fur-

nish to my said wife a separate living should she desire the same

Hannah to have a home with her mother as long as her mother lives

and stays upon said farm. I desire that no appraisement

had no Sale of my personal property be made and that the

court of Probate direct the mission of the same in pursuance

of the Statute

I do hereby nominate and appoint my son Eli Downing

to be the executor of this my last will and testament and,

hereby authorize and empower him to compromise & adjust

release and discharge in such manner as he may think

proper the debts & claimed due one and, owing by me

It is my desire that my beloved wife have all my personal

property. It is my desire that the expenses of my last sickness

and burial be paid out of my personal effects first and then

the remainder to go to my wife. In testimony hereof,
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 46)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 46)

Description

[page 46]

[corresponds to labeled page 17 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Eli Downing Deceased

I authorize B.C. Waters to sign the same this the Sixth day

of May in the year 1859

Eli Downing {Seal}

Signed & acknowledged by said

Eli Downing as his last will and

testament in our presence and

signed by us in his presence

Daniel Bennet Jr

B.C. Waters


~ ~ ~ ~ ~ ~ ~ ~

The State of Ohio, Delaware County ss

We Daniel Bennet and B.C. Waters being duly sworn

in open court this 5th day of October A.D. 1859, depose and say

that we were present at the execution of the last will and testament

of Eli Downing hereto annexed; that we saw the said testator

subscribe said will by authorising B.C. Waters to sign his name to

the same, and heard him publish and declare the same to be

his last will and testament, and that the said testator at the time

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

and not under any restraint, and that we signed the same

as witnesses at his request and in his presence and in the presence

of each other

Daniel Bennet Jr

B.C. Waters

Sworn to and subscribed before me this 5th day of October

A.D. 1859

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 47)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 47)

Description

[page 47]

[corresponds to labeled page 18 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Moses Carpenter decd


Proceeding had before Hon. I. Ranney Probate Judge within

and for the County of Delaware & State of Ohio on the 11th day of Nov

A.D. 1859 at his office in the town of Delaware


This day the Last Will & Testament of Moses Carpenter deceased was

produced in open Court & duly proven by the testimony of Victor Arnold

& Henry Hodgsden, the subscribing witnesses to said will (as reduced to

to writing, and filed with said will) and ordered to be recorded, as follows

Copy of Will

In humble despondence upon Divine Providence who has heretofore and up

to the present time supported & sustained me and upon whose grace I trust

for the future.

I, Moses Carpenter being of feeble health but of sound mind

and memory do make and publish this my last will & testament

Item 1st It is my will, desire and request, that my executor cause

to be fully paid all just claims and legal demands against my estate

and cause a plain, suitable marble monument to be erected over my

grave; let it be appropriate and avoid all unnecessary expense

Item 2nd I devise and bequeath unto each of my children and heirs here

after named the sum of two Hundred Dollars viz. my son Hiram Carpen

ter (deceased) children to be equally divided among them this to paid

out of or with a note I hold against Sarah Carpenter their mother

She to pay said note to them with what interest may be due.

then, to such, each of the following named children Two Hundred Dollars

Mary Carter, Laura Carter, Eveline Allen, Armenius Carpenter, Phidelia

Welks, Christiana Cook and Dorman Carpenter. and those whom I

have loaned money to and to receive and be paid in their notes and when

there is interest on the note that will make it more than that sum the

interest not to be collected but given to the matter of the note

Item 3rd I give and bequeath to the Missionary Society of the Meth

odist Episcopal Church of the United States to be applied to and for

the benefit of the Liberia African Mission. Twenty five Dollars

Item 4th Whatsoever may remain of my property after the above

devises are paid, I give, devise and bequeath to be equally divided among

my following named children viz Mary Carter, Laura Carter, Eveline

Allen, Armenius Carpenter, Christiana Cook, Dorman Carpenter and

Phidelia Welks

The Missionary money hereby devised to be paid to the Presiding Elder

of the M.C. Church Delaware District or if a change is made in the

district, then to the Elder to which Galena may be attached

Item 3rd I do hereby nominate and appoint Armenius Carpenter

and Gorman Carpenter executors of this my last will and testament

In testimony whereof I have hereunto set my hand and

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 48)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 48)

Description

[page 48]

[corresponds to labeled page 19 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Moses Carpenter deceased

Seal this seventh day of April 1855

Moses Carpenter {seal}

Signed and acknowledged by said Moses Carpenter as his last will and

testament and signed by us in his presence

Henry Hodgsden

Victor Arnold

William Lenington

Albert B. Condit

The State of Ohio, Delaware County, ss

We Victor Arnold and Henry Hodgden, being duly sworn in open Court

this 11th day of Nov A.D. 1859, depose and say, that we were present at

the execution of the last will and testament of Moses Carpenter,

hereto annexed; that we saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament, and

that the said testator at the time executing the same was of full age, and

of sound mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence, and in

the presence of each other & in the presence of Wm Lenington & Albert B. Condit

the other subscribing witnesses to said will who are both now, residents of

this state

Victor Arnold

Henry Hodgden

Sworn to and subscribed before me this 11th day of Nov. A.D. 1859

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 49)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 49)

Description

[page 49]

[corresponds to labeled page 20 of Will Records Vol. 4 - 1859-1869]


Last Will and testament of Shubael W. Knapp Decd

Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware State of Ohio at his

office in the town of Delaware in the 5th day of December A.D. 1859


This day the Last will & testament of Shubael W. Knapp deceased was

produced in open court and duly proven by the testimony of Josiah

McKinnie and William McKinnie, the subscribing witnesses to said will

(as reduced to writing and filed with said will) and ordered to be

recorded as follows

Copy of Will

In the name of the Benevolent Father of all, I Shubael W. Knapp

of the County of Delaware & State of Ohio do make and publish this

my last will and testament:

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

the farm on which I now reside situate in Liberty township, County &

State aforesaid containing about one hundred & thirty acres, during her nat

ural life in case she remains a widow; but in case she marries again,

from such time shall only hold that part of the farm (during her natural life)

which lies south of the County road running east and west through said

farm, the balance of said farm to be sold and divided equally a

mong the legal heirs. I also give to my wife all my Stock, house and

furniture and all other chattels which I may be in possession of at

the time of my decease. She however selling so much thereof as may

be sufficient to pay my just debts. At the death of my said wife my

real estate to be sold and divided equally among my heirs.

I do hereby nominate and appoint my beloved wife, guardian of

my minor children until they arrive at the age of Twenty One.

But in case she marries again her guardianship shall cease & terminate

and said children shall choose their own guardians. In case that

in my life I do not dispose of a field of about ten acres lying be

tween the Olentangy river and the north & south road running past Bu

bor's Mills, in that case my said wife may sell and dispose of said

field, the avails of which she may use for educating the minor child

ren

Item 2nd I do hereby appoint Mary H Knapp my beloved wife my Exec

utrix. I desire that no appraisment and no sale of my personal prop

erty be made; and that the court of Probate direct the omission of

the same in pursuance of the statute. By this it is not understood

as prohibiting a public or private sale of so much of my personal

property as shall be necessary to pay my just debts, or as she said

Executrix may think for her interest and the interest of the minor

children

I do hereby revoke all former wills by me made

in testimony hereof I have hereunto set my hand and seal this

nineteenth day of April in the year 1859

Shubael W. Knapp {SS}

Signed and acknowledged by said Shubael W. Knapp as his

last will and testament in our presence; and signed

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 50)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 50)

Description

[page 50]

[corresponds to labeled page 21 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Shubael W. Knapp Deceased

by us in his presence

Josiah McKinnie

William McKinnie

The State of Ohio Delaware County ss

We Josiah McKinnie and William McKinnie being duly sworn in

open Court this 5th day of December A.D. 1859, depose and say, that we

were present at the execution of the last will and testament of Shubael

W. Knapp hereto annexed; that we saw, the said testator subscribe said will,

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

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

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

we signed the same as witnesses at his request and in his presence, and

in the presence of each other

Josiah McKinnie

William McKinnie

Sworn to and subscribed before me this 5th day of December A.D. 1859

I Ranney Pro. Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 51)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 51)

Description

[page 51]

[corresponds to labeled page 22 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Cowgill decd

Proceedings had before Hon Isaac Ranney Probate

Judge within and for the County of Delaware and State of

Ohio at his office in the town of Delaware on the 8th day of

December A.D. 1859

This day the last will and testament of Thomas Cowgill

deceased was produced in open court and duly proven by

the testimony of Silas Emerson the subscribing

witness thereto (as reduced to writing & filed with said will)

and ordered to be recorded as follows

Copy of Will

I Thomas Cowgill of the County of Delaware and State of

Ohio do make and publish this my last will and testament

1st I give and devise to my son Joseph T. Cowgill so much of my

land situate in Berlin Township in the County aboved named

being the same deeded to me by Walter May as is included in the

following bounds, beginning at the north line of said lot of land in

the County road which runs through it from North to south - then

running south along said road until it comes to the little run

which passes through the place from west to east, then take a straight

line east and west to the east line of said lot and also to the west

line of said lot

(2nd) Second I give and devise to my son George W. Cowgill all the

balance of said land bought of Walter May to wit - all south of the

line before described including that bought of M.A. Nog

(3rd) Third I give and devise to my daughter Martha A. Cowgill the

sum of one hundred dollars to be paid as follows fifty dollars

to be paid her by Joseph T. Cowgill when he shall become Twenty one

years of age and fifty dollars to be paid her by George W. Cowgill when

he shall become twenty one years of age

(4) Fourth it is my will that my wife Polly Cowgill shall have her

support off from the place above named and have controll of the same

so long as she supports the children and remains my widow, but

shall relinquish all right or claim to Joseph's part when he comes

twenty one years of age

(5) Fifth. It is my will that my debts and expenses shall be paid out

of my personal property and should there be a balance over that to

be divided equally among my three children reserving to my wife

Polly Cowgill the use of the whole so long as she remains my widow

(6) Sixth I do hereby nominate and appoint Thomas P. Flagg and Silas

Emmerson as Executors and Administrators

(7) Seventh I also nominate and appoint the said Thomas P. Flagg

and Silas Emmerson as joint guardians of my three children Joseph

T, Martha A. & George W. Cowgill

Nov 10th A.D. 1859 Thomas Cowgill {seal}

Signed and acknowledged by said Thomas Cowgill as his last will and testa

ment in our presence and signed by us in his presence

Silas Emerson

Levi Roloson

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 52)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 52)

Description

[page 52]

[corresponds to labeled page 23 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Cowgill decd

The State of Ohio, Delaware County ss

We Silas Emerson and & Levi Roloson being duly sworn in open court

this 8th day of December A.D. 1859, depose and say, that we were pres-

ent at the execution of the last will and testament of Thomas Cowgill

hereto annexed; that we saw the said testator subscribe said will, and

or heard him acknowlegde his signature to the same

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

and that the said testator at the time of executing the same was of full

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

that we signed the same as witnesses at his request and in his presence

Silas Emerson

Levi Roloson

Sworn to and subscribed before me this 8th day of December A.D. 1859

I. Ranney Pro. Judge

Jany. 9th 1859

This day came into open court Mrs. Pol

ly Cowgill widow of sd Thomas Cowgill decd & being

instructed by the Court as to her rights both of law &

under sd will signified her election to take under

sd will I. Ranney Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 53)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 53)

Description

[page 53]

[corresponds to labeled page 24 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Effy Dildine decd

Proceedings had before Hon Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 17th day of December A.D. 1859


This day the last will and testament of Effy Dildine deceased was

produced in open court and duly proven by the testimony of John

Cunningham and William Prichard the subscribing witnesses thereto (as redu-

ced to writing and filed with said will) and ordered to be recorded as

follows

Copy of Will

In the name of the Benevolent Father of all I Effy Dildine of the

of the County of Delaware Ohio do make and publish this my last will

and testament in manner and form following

1st I give and devise to my daughter Effy Olds one bed and bedding

being the bed and bedding she now has in her possession, also the large cork

stove and furniture which we now have in use and Twenty five dollars

in money when collected out of any money due me at my decease

2nd I give and devise to my sons William Dildine and Valentine Dildine

all the balance of my property real and personal consisting of One

In Lot in the village of Delhi being in lot Nu Forth in Loyds addition to

Delhi. Also all my moneys, credits & effects, stock, household & kitchen stuff

& bring all I am possessed of at my death by them paying all my

debts and expenses and the above named Twenty five to my said daughter

Effy Olds

3rd I constitute and appoint my sons William and Valentine Dildine to state

and carry out this my will as above named This 11th day of July A.D. 1859

his

Effy x Dildine {Seal}

mark

Signed and acknowledged by said Effy Dildine

as her last will and testament in our presence

and signed by us at her request and in her presence

John Cunningham

William Prichard

The State of Ohio, Delaware County ss

We William Prichard and John Cuningham being duly sworn in open

court this 17th day of December A.D. 1859, depose and say, that on more

present at the execution of the last will and testament of Effy Dildine

hereto annexed, that we saw the said testatrix subscribe said will, and

heard her publish and declare the same to be her last will and testament

and that said testatrix at the time of executing the same was of full age

and of sound mind and memory, and not under any restraint, and that we

signed the same as witnesses at her request and in her presence, and in the pres-

ence of each other.

William Prichard

John Cunningham

Sworn to and subscribed before me this 17th day of December A.D. 1859

I Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 54)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 54)

Description

[page 54]

[corresponds to labeled page 25 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Leonard Love Deceased

Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio

at his office in the town of Delaware on the 20th day of February

AD 1860


This day the last will and testament of Leonard Love of said County

deceased was produced in open court and duly proven by the testi

mony of J.C. Sidle & William Sparks the subscribing witnesses thereto

(as reduced to writing and filed with said wills) and ordered to be

recorded as follows

Copy of Will

In the name of the Benevolent Father of all, I Leonard Love of

the County of Delaware and State of Ohio do make this my last

will and Testament,

Item 1st) I will that the farm upon which I now reside in Delaware

County and the farm that I own in York Township, Union County

Ohio be sold to the best advantage and all my just and honest

debts be paid out of the proceeds of the same

Item 2nd) I do give and bequeath to my beloved wife Eliza Jane, one

fourth of the proceeds of all my property both personal & real in

money for her own separate and personal use after my just debts

are paid

Item 3rd) The remaining three fourths to be applied for the use

of my minor children for their support and raising until they

respectfully arrive at the age of Fifteen years

Item 4th) I do hereby nominate and appoint Manily T. Morris guar-

dian of my children Philena Elizabeth and Semon C. Love until

they arrive at the age of twenty one years and I do nominate

and appoint G.W. Sears guardian of my children LaMain Valentine

and Mary Lucinda Love until they arrive at the age of twenty

one years my said guardians are hereby enformed to give my

children a good English education and to rear them in habits

of industry and imedeate upon them as far as may be the duties

of Christianity and after my children shall arrive at the age

of Fifteen if there is any of the money it is to be divided equally

and if any of the children

among all of the children ^should by sickness or other cause become una

ble to support themselves I request my said guardians to reserve enough

if any there be for the support of said invalid until it or they shall

arrive at the age of twenty one years

Item 5th) One bed one bureau and one set of iron stone china dishes

to go my daughter Philena Elizabeth and one bed to go to my son Semon

C. which was the property of their mother

Item 6th) I reserve one scholarship in the Delaware Colage to my sons

and my name sake Harry Seman Parks

Item Six) I do hereby nominate and appoint J.C. Sidle executor of this my

last will and testament hereby authorizing and impowering him to com-

promise and adjust release and discharge in such a manner as

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 55)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 55)

Description

[page 55]

[corresponds to labeled page 26 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Leonard Love deceased

he may deem proper the debts and claims due me I also author-

ize and empower him in order to pay my debts to sell by private sale

or in such manner or open such terms of credit or otherwise as he may

think proper all of my real estate and deeds to purchasers to execute

and acknowledge in fee simple I do hereby make all former wills

by me made -- in testimony hereof I have hereunto set

my hand and seal this 26th day of Dec 1859

Leonard Love {SS}

Signed and acknowledged by Leonard Love as his

last will and testament in our presence and signed

by us in his presence

J.C. Sidle

Wm Sparks


The State of Ohio, Delaware County Ss.

We J.C. Sidle & William Sparks being duly sworn in open court

this 20th day of Feby A.D. 1860, depose and say that we were present

at the execution of the last will and testament of Leonard Love hereto an-

nexed; that we saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was of full age

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

and that we signed the same as witnesses at his request and in

his presence and in the presence of each other

Wm Sparks

J.C. Sidle

Sworn to and subscribed before me this 20th day of February A.D. 1860

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 56)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 56)

Description

[page 56]

[corresponds to labeled page 27 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Watson Karr deceased


Proceeding had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 8th day of March A.D. 1860


This day the last will and testament, of Watson Karr Decd

was produced in open Court, and duly proven by the testimony of

William Warner and Thomas Hughes the subscribing witnesses thereto (as

reduced to writing and filed with said will) admitted to probate

and ordered to be recorded as follows

Delaware Nov 16 1859

I Watson Karr of a sound mind do

this day appoint my wife Margaret Karr my lawful executor of

my estate and authorize her to settle all my accounts and dispose

of all my property To wit, fifteen acres of land in Illinois, five

acres of land in Delaware O. and also to collect all my outstanding

debts & to have & hold all my goods & chattels & moneys for the use and ben-

efit of herself and family to wit my children Ann Woods Alma Karr

John Karr Mary Karr Watson Karr Jun & Melancthan Karr

Watson Karr

Witness

H.S. Bradley

William Warner

Thos Hughes

The State of Ohio Delaware County S.S.

Mr William Warner H.S. Bradley and Thos Hughes being duly sworn in open

court this 8th day of March A.D. 1860, depose and say, that we were

present at the execution of the last will and testament of Watson

Karr hereto attached; that we saw the said testator subscribe his

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

will and testament, and that the said testator at the time of

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

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

as witnesses at this request, and in his presence, and in the presence

of each other

H.S. Bradley

William Warner

Thos Hughes

Sworn to and subscribed before me this 8th day of March A.D. 1860

I Ranney

Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 57)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 57)

Description

[page 57]

[corresponds to labeled page 28 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Titus Case decd

Proceeding had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 15th day of March A.D. 1860


This day the last will and Testament of Titus Case late of

Liberty Township in said county deceased was produced in open

court & duly proven by the testimony of Timothy Andrews & Seth W. Case

the subscribing witnesses thereto (as reduced to writing and filed with

said will) admitted to probate and ordered to be recorded as follows, to wit

Copy of Will

Know all whom it may concern, that I, Titus Case of Liberty

Township, Delaware County, State of Ohio do hereby make and constitute

this my last will and testament in form & manner following

1. that my funeral charges and all just debts be paid

2. that my wife Hannah Case take under the Law and that her right

of dower, years support set off and all be settled according to law as soon

as convenient after my death

3. that my daughter Elizabeth Case have one thousand dollars heir-

ship rite and one hundred dollars a year for her work since

she was eighteen years of age and that she take the land that is

deeded to her at its present appraised value

4. that Miles Case have one thousand dollars refer to the book page

26 to see how much he has had and the balance to be made out of

my personal property as soon as convenient for the estate

5. that Carroline Case have one thousand dollars refer to the book page

24 to see what she has had must have enough to make up five

hundred dollars for college purposes as soon as convenient for

the estate

6. I give and bequeath at the death of my wife five hundred

dollars for missionary fund to be paid as soon as convenient on

the order of the brand of the missionary society of the Central Ohio-

ian Conference of Ohio if one be formed according to Law and

and the officers be available for the proper application of the money

that may comiath their hands this money to be put on interest and

only the interest subject to use yearly Provided That if the central

christian conference fail to organize according to law, so as to make

a safe deposit, thru this donation must be given to the Christian Book

association of Ohio, if it be by ally organized, if not, it shall be giv-

en to the Eastern Book association of New york, and this donation must be

changed from a special sum to an equal Heir with my children on

the last divided

8th I hereby choose Seth W. Case as executor of this my last will and

Testament

Signed, sealed & acknowledged as my last will this 1st day of October A.D. 1859

Executed in presence of the undersigned & signed by us ) Titus Case {Seal}

in his presence Timothy Andrews S.W. Case )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 58)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 58)

Description

[page 58]

[corresponds to labeled page 29 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Titus Case deceased

The State of Ohio, Delaware Co Ss

We Timothy Andrews and Seth W. Case being duly sworn in open

court this 15th day of March A.D. 1860, depose and say, that we

were present at the execution of the last will and testament of Titus

Case hereto annexed, that we saw the said testator subscribe said will

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

testament, and that said testator at the time of executing the same

was of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his request

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

Timothy Andrews

S.W. Case

Sworn to and subscribed before me this 15th day of March A.D. 1860

I Ranney Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 59)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 59)

Description

[page 59]

[corresponds to labeled page 30 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of John C. Brown

Proceedings had before Hon. Isaac Ranney, Probate Judge

within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 14th day of April A.D. 1860


This day the last will & Testament of John C. Brown late

of Delaware County & State of Ohio deceased was produced in open

court & duly proved by the testimony of Joseph C. Grove and Isaac

Ziegler the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to probate and ordered to be recorded as

follows

In the name of the Benevolent Father of all I, John C. Brown

of the County of Delaware and State of Ohio being of sound mind

and memory do make and publish this last will and testament

in manor & form following -- Being possessed of but little prop

erty and feeling myself indebted to my sisters Margaret J. Julia A &

and Sarah M. Brown for money furnished for my support, and their kind care

and attention to me during my long & severe sickness

1st I give and bequeath to my sisters Margaret G. and Julia A Brown

after paying my funeral expenses all the claims not now disposed of

consisting in various small sums and all my clothing books & all

2nd I give and bequeath to my sister Sarah M. Brown two building lotts of

which I am now possessed lying and being in the county of Dunn &

county of Duran and State of Wisconsin. This being all the

property I am now possessed of I give and convey the same to my above

named sisters as some compensation for the above named considerations.


Executed this 21st day of May A.D. 1858 John C. Brown {Seal}

in our presence and signed by us

at his request & in his presence

Jos S. Grove

Isaac Ziegler


The State of Ohio, Delaware County Ss,

We Joseph G. Grove and Isaac Zeigler being duly sworn in open

court this 14th day 14th day of April A.D. 1860 depose and say, that

in our present at the execution of the last will and testament of John

C. Brown hereto annexed; that we saw the said testator subscribe

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

testament, and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint, and that we signed the same as witnesses

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

other J.G. Grove

Isaac Zeigler

Sworn to and subscribed before me this 14th day of April A.D. 1860

I. Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 60)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 60)

Description

[page 60]

[corresponds to labeled page 31 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Henry Freese deceased


Proceedings had before Hon Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 27th day of July AD 1860


This day the last will and Testament of Henry Freese late of

Delaware County & State of Ohio deceased was produced in open

court and duly proven by the testimony of W.J. Watson and

B.H. Willis the subscribing witnesses thereto (as reduced to writing

and filed with said will) admitted to Probate and ordered to be

recorded as follows


In the name of the Benevolent Father of all, I Henry Freese

do make and publish this my last will and testament

1st It is my will that all my past debts and funeral expenses

be paid

2nd I give will and bequeath to my daughter Elizabeth Black

the sum of Five Dollars to be paid out of my personal property

3rd I give and bequeath to my nephew Moses Oller & his heirs,

or in case of the decease of said Moses Oller, having no children, then

I give, will and bequeath to my sister Mary Oller & her heirs all

the residue of my property both real and personal

I desire that no appraisement and no sale of my personal

property be made and that the Court of Probate direct the

omission of the same in pursuance of the Statute

In testimony whereof I Have hereunto set my hand & seal

the 23rd day of May in the year of our Lord 1860

Henry Freese {Seal}

Signed and acknowledged by said

Henry Freese as his last will & testament

in our presence & signed by us in his

presence W.T. Watson

B.H. Willis

The State of Ohio, Delaware County S.S.

We Walter T. Watson & B.H. Willis being duly sworn in open court

this 27th day of July A.D. 1860 depose and say, that we were present

at the execution of the last will and testament of Henry Freese

hereto annexed; that we saw the said testator subscribe said will, and

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

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

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

any restraint, and that we signed the same as witnesses at his

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

W.T. Watson

B.H. Willis

Sworn to and subscribed before me this 27th day of July A.D. 1860

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 61)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 61)

Description

[page 61]

[corresponds to labeled page 32 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Oliver Gnatnak


Proceedings had before Hon. I. Ranney Probate Judge within

and for the County of Delaware & State of Ohio at his office

in the town of Delaware on the 8th day of June A.D. 1860


This day the last will & testament of Oliver Gnatnak late of

Delaware County deceased so as produced in open Court and duly

proven by the testimony of Charles Longshore & Philander Edmister the

subscribing witnesses to said will (as reduced to writing & filed with

said will) and admitted to probate and ordered to be recorded as fol

lows.

In the name of the Benevolent Father of all, I Oliver Gnatnak

of the County of Delaware & State of Ohio do make and publish

this my Last will and testament

1st I give and devise to my beloved wife in lieu of her dower the farm

on which we now reside situate in the County of Delaware and State of Ohio

it being the north half of the south east quarter in Range Sixteen, Township

four and section two containing about Eighty Eight acres more or less, as

long as she shall remain my widow and if she should not marry again

during her natural life and all the stock horses home goods furniture pro

visions and other goods and chattels which may be thereon at the time

of my decease during her natural life as aforesaid. At the death of

my said wife the real estate aforesaid and such part of the said

personal property or the proceeds thereof as may then remain unas

sumed and unexpended I give and devise to my sons George W. Greatreaks

Manuel Greatreaks and Marion Greatreaks and their heirs to be equally

divided into three shares and the said George W. Greatreaks, Manuel Greatreaks

and Marion Greatreaks shall pay to their sisters in one year after they come

in possession of said property the sum of Six Hundred Dollars to be equally

divided between them, it being one hundred and fifty dollars for each

Harriet Sunderland $150. Mariah Dehart $150. Dorcas Edmister $150. &

Eliza Jane Greatreaks $150. and if the girls aforesaid should not live

until that time, then to their heirs

I do hereby nominate and appoint Jacob Fisher and Bazabel Culno

executors of my last will and testament, hereby authorizing and empower

ing them to compromise adjust release and discharge in such manner

as they may deem proper the debts and claims due me. I do also authorize

and empower them if it shall become necessary in order to pay my debts

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

or otherwise as they may think proper all or any part of my real estate

and deeds to purchasers to execute acknowledge and deliver in fee

simple

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

whereof I have hereunto set my hand & seal this 6th day of March in

the year Eighteen hundred & sixty

Oliver Greatreaks {SS.}

Signed and acknowledged by said Oliver Greatreaks

as his last will & testament in our presence & signed

by and in his presence Charles Longshore Philander Edmister

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 62)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 62)

Description

[page 62]

[corresponds to labeled page 33 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Oliver Gnalnaks decd continued


The State of Ohio, Delaware County SS

we Charles Longshore and Philander Edmister being duly sworn

in open court this 8th day of June A.D. 1860, depose & say, that we

were present at the execution of the last will & testament of Oliver

Gnalnaks hereto annexed; that we saw the said testator subscribe

said will, and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time of execu-

ting the same was of full age and of sound mind & memory,

and not under any restraint, and that we signed the same as wit-

nesses at his request and in his presence; and in the presence of

each other

Charles Longshore

Philander Edmister

Sworn to and subscribed before me this 8th day of June A.D. 1860

I Ranney

Probate Judge

August 9th 1860.

Personally appeared in open court Jemima Gnalnaks

widow of said Oliver Gnatnaks & being first informed by the Court

as to her right at law, as well as under said will. did sig

nify her election to take under the will of her said husband

decd in lieu of dower

I Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 63)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 63)

Description

[page 63]

[corresponds to labeled page 34 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joel B. Turner deceased

Proceedings had before Hon. Isaac Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his office in

the town of Delaware in the 8th day of June A.D. 1860


This day the Last Will and Testament of Joel B. Turner late of the

County of Delaware and State of Ohio deceased was produced in open

court and duly proven by the testimony of Thomas Warner & Elizabeth

Warner the subscribing witnesses thereto (as reduced to writing and filed

with said will) admitted to Probate and ordered to be recorded as follows

In the name of the Benevolent Father of all, I Joel B. Turner of

the County of Delaware and State of Ohio do make and publish this

my last will and testament, that is to say

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

be fuly paid

2nd I give devise and bequeath to my sister Laura A. Turner and

her heirs and assignees forever all the live stock horses cash on hand

together with notes Accounts and obligations & to include all chattel

property in my possession of every description

And lastly I do hereby nominate and appoint M.C. Bean Executor

of this my last will and testament hereby authorizing and empow

ering him to compromise adjust release and discharge in such manner

as he may deem proper the debts & claims due me. I do also authorize

and empower him if it shall become necessary to pay my debts to sell

by private sale or in such manner upon such terms of credit or other

wise as he may think proper all or any part of my property

In testimony whereof I have hereunto set my hand and seal this 7th

day April in the year 1860

J B Turner {Seal}

Signed and acknowledged by said Joel B Turner )

as his last will & testament in our presence and)

signed by us in his presence )

Thomas Warner )

Elizabeth Warner )

The State of Ohio, Delaware County Ss

We Thomas Warner and Elizabeth Warner being duly sworn in open

court this 8th day of June A.D. 1860, depose and say, that we were present

at the execution of the last will and testament of Joel B. Turner hereto

annexed; that we saw the said testator subscribe said will, and heard

him publish and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was of full

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

and that we signed the same as witnesses at his request and in

his presence, and in the presence of each other

Thomas Warner

Elizabeth Warner

Sworn to and subscribed before me this 8th day of June A.D. 1860

I. Ranney

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 64)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 64)

Description

[page 64]

[corresponds to labeled page 35 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Daniel Nettleton deceased

Proceedings had before Hon Isaac Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his office in

the town of Delaware on the 5th day of July A.D. 1860


This day the last will and Testament of Daniel Nettleton late of

Delaware County, Ohio, deceased was produced in open court and

duly proven by the testimony of Jas C. Ryant & S.F. Hull the subscribing

witnesses thereto (as reduced to writing and filed with said will)

admitted to Probate and ordered to be recorded as follows

In the name of God: Amen

I, Daniel Nettleton of Constantin, Delaware County, Ohio do make

and publish this my last will and testament

Item 1st I give and devise to my daughter Deborah the property on

which I now live being a house, barn & with four acres of land an-

nexed: also one cow, all the feed in the barn, one pig in the pen,

& the household furniture in the house

Item 2nd I devise and bequeath to my daughter Esther P. Hoadley wife

of David S. Hoadley Two Hundred and fifty Dollars out of the per-

sonal property belonging to my estate:

Item 3rd I devise and bequeath to my son Daniel Nettleton Jr

Two hUndred Dollars out of the personal property belonging to my Estate

Item 4th I devise and bequeath to my daughter Orsel R. Fay wife

of Jesse Fay Two Hundred Dollars out of the personal property belonging

to my estate

Item 5th I devise and bequeath to my daughter Rhoda Randel wife

of Shadrach Randel Two Hundred dollars out of the personal property

belonging to my estate

Item 6th I hearby nominate and appoint David S. Headley Executor

of this my last will and testament, hereby authorizing him to com-

promsie adjust, release and discharge in such manner as he may

deem proper, the debts and claims due me: and to pay the debts

against my estate from the property, in the way he may think proper

I do hereby revoke all former wills by me made

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

6th day of December 1859

Daniel Nettleton {Seal}

Signed and acknowledged by said Daniel Nettleton

as his last will and testament in our presence and signed

by us in his presence

S.F. Hull

Jas C. Ryant

The State of Ohio, Delaware County Ss

We Jas C. Ryant & S.F. Hull being duly sworn in open court this 5th

day of July A.D. 1860, depose and say that we were present at the execution

of the last will and testament of Daniel Nettleton hereto annexed; that we

saw the said testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said testator at the time

of executing the same was of full age and of sound mind and memory and not

under any restraint, and that we signed the same as witnesses at his request and in his

presence and in the presence of each other

James C. Ryant S.F. Hull

Sworn to & subscribed before me this 5th day of July A.D. 1860

I. Ranney Pro Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 65)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 65)

Description

[page 65]

[corresponds to labeled page 36 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Robert Clark deceased


Proceedings had before Hon. I Ranney Probate Judge within & for the

County of Delaware & State of Ohio at his office in the town of Del-

aware on the 10th day of July A.D. 1860


This day the last will & testament of Robert Clark late of Delaware

County deceased was produced in open court and duly proven by the

testimony of Joseph C. Cole and Azariah Main the subscribing witnesses

thereto (as reduced to writing and filed with said will) admitted

to Probate and ordered to be recorded as follows

I, Robert Clark of the County of Delaware and the State of Ohio do

make and publish this my last will and testament

I do hereby nominate my beloved Son Robert Clark Executor of my last

will and testament hereby authorizing and empowering him to com-

promise adjust release and discharge in such manner as he may deem

proper the debts and claimes due me

Item 1st I do also give my son Robert Clark all my household furni

ture also all the moneys that I have with the exception of Two dollars

which I wish my beloved daughter Nebby Lowes to have

I do also give my son Robert Clark my grey mair also my one horse

wagon

I do hereby revoke all former wills by me made in testament whereof

I have hereunto set my hand and seal this 7th day of February A.D.

1860

his

Robert x Clark Seal

mark

Signed and acknowledged by said )

Robert Clark as his last will and )

testament in our presence and signed )

by us in his presence

Joseph C Cole

Azariah Main

The State of Ohio, Delaware County, Ss

We Joseph C. Cole and Azariah Main, being duly sworn in open court

depose and say, that we were present at the execution of the last

will & Testament of Robert Clark hereto annexed, that we saw the

said testator subscribe said will, and heard him publish and declare

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

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

mind and memory and not under any restraint, and that we signed

the same at witnesses at his request and in his presence and in the

presence of each other

Azarish Main

J.C. Cole


Sworn to and subscribed before me this 10th day of July A.D. 1860

I. Ranney Pro Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 66)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 66)

Description

[page 66]

[corresponds to labeled page 37 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Whiting Allen decd


Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County Delaware and State of Ohio at his of-

fice in the town of Delaware on the 18th day of August A.D. 1860


This day the last will and testament of Whiting Allen decd

late of the County of Delaware & State of Ohio was produced in

open court & duly proven by the testimony of Henton Tallman and

W.H.H. Tallman the subscribing witnesses thereto (as reduced to writing

and filed with said will), admitted to probate & ordered to be recor-

ded as follows: to wit.

Copy of Will

In the name of the Benevolent Father of All, I, Whiting Allen

of the County of Delaware and State of Ohio, being of sound & disposing

mind and memory, do make and publish this my last will and

testament, to wit.

1st I give and bequeath to John Wolfley, my son in law, as trustee, for

the sole & individual use and benefit of my daughter Laura the use of

my house and lot where I now reside, situate on the south side of North St

between Union & Henry St in the town of Delaware O. with all the appurtanances

to the same belonging, during the natural life of the said Laura, and

at her decease the said Real Estate shall immediately revert to my es-

tate to be distributed equally among my children share and share

alike.

2nd I also bequeath unto the said John Wolfley, as trustee as afore-

said the Sum of Five Hundred ($500) dollars, to be paid out of any

unappropriated farms, belonging to my estate, who shall invest the same

to the best advantage for the interest of the said Laura or loan

the same at highest legal rate with good security & shall pay

over the income or interest arising from said investment or loan, to

the said Laura, as her necessities may require, for her individual use

and maintenance & if the said Laura shall at any time need any

part of said principal sum of money or the whole of it then the

said trustee shall pay over to her so much thereof as may be ne-

cessary for her own use and comfort, and upon the decease of the

said Laura, the said sum of Five Hundred dollars, or so much thereof

as may remain, together with the profits or interest arising there from

shall revert to my estate to be distributed among my children equally

share & share alike & in the distribution of the aforesaid Real Estate & the

aforesaid sum of money, the heirs of my sons Silas Dunbar & Warren

Case, both now deceased, shall inherit one equal share the same as

the said Silas Dunbar and Warren Case might do it Living, to be di-

vided amongst thru equally, and if any other of my children shall

decease having heirs, before the decease of the said Laura & the distrib-

ution of said Real Estate & said sum of money as aforesaid, then such

heirs of said children shall inherit the same portion of said Real Estate

& said money so devised as aforesaid, as their respective parent would to

if living --- The aforesaid devise to the said Laura

shall be held for her individual use and maintenance & shall not

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 67)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 67)

Description

[page 67]

[corresponds to labeled page 38 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Whiting Allen decd continued

in use directly or indirectly to the profit or pecuniary advantage in any

way of Stephen Tripp her present husband, nor shall the said Tripp exercise

any acts of ownership over the same, or over the occupancy thereof, or over

the rents, use, interests, or profits in any way arising therefrom or any

part thereof

3rd I bequeath unto the Missionary Society of Methodist Episcopal Church

of the W.S.A. Six hundred dollars in Shares of stock with the interest that

may have accrued on the same at my decease, in the Radnor Plank Road Com-

pany & also enough money to make one thousand dollars in value in all

reckoning said Plank Road stock at not less than par value

4th The remainder of my Real & personal estate not herein otherwise disposed

of after paying my lawful debts funeral expenses & shall be distributed among

my children, except the said Laura herein before provided for, equally share

and share alike to the children of my son Silas Dunbar decd one equal part

to the children of my son Warren Case decd one equal part & to the children of

my other of my children who may be deceased one equal part to be distrib

uted equally among them shares and share alike

I hereby revoke all other wills by me made and appoint my son Jedidiah

and John Wolfley my son in law, executors of this my last will and testament

In witness whereof I have hereunto set my hand & Seal this 19th day of

April, A.D. 1860

Whiting Allen

The forgoing writing was subscribed by the said Whiting Allen in our presence

& by him acknowledged to us and declared to be his last will and testament & witness

by us in his presence & at his request

Attest (Henton Tallman

(W.H.H. Tallman


The State of Ohio, Delaware County Ss

We Henton Tallman and W.H.H. Tallman being duly sworn in open

court this 18th day of August A.D. 1860, depose and say, that we were

present at the execution of the last will and testament of Whiting Allen

hereto annexed; that we saw the said testator subscribe said will, and

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

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

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

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

we signed the same as witnesses at his request and in his presence, and in

the presence of each other

Henton Tallman

W.H.H Tallman

Sworn to and subscribed before me this 18th day of August A.D. 1860

I Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 68)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 68)

Description

[page 68]

[corresponds to labeled page 39 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of William Webster decd


Proceedings had before Hon Isaac Ranney Probate Judge with

in and for the County of Delaware and State of Ohio at his office

in the town of Delaware on the 23rd day of August A.D. 1860


This day the last will and testament of William Webster late of said County

of Delaware deceased was produced in open court & duly proven by

the testimony of W.T. Watson and Martha C. Watson the subscribing witnesses

thereto (as reduced to writing and filed with said will) admitted to

Probate and ordered to be recorded as follows. to wit.

Copy of Will

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

County of Delaware, Ohio, do make and publish this my last will and

testament

1st I give, will & bequeath to my son Frebourn Webster and his heirs

the sum of One Dollar he having had a share heretofore

2nd I give, will and bequeath to my son Mosher Webster and his heirs the

sum of Twenty five Dollars

3rd I give, will and bequeath to the heirs of my daughter Hannah Hart decd

the sum of Twenty five Dollars

4th I give, will and bequeath to my son Joseph P. Webster & his heirs Ten

acres of land off the north end of the lot of land he now lives on

5th I give will and bequeath to my daughter Sarah Rutherford & her heirs

the sum of five Dollars

6th I give will and bequeath to my daughter Adaline E. Webster & her heirs the

sum of Thirty five Dollars

7th I give will and bequeath to my son William H Webster all the residue

of my property to the Real & personal after my just debts and bequests shall

have been paid

8th I hereby nominate and appoint William H. Webster, executor of this my

last will & testament, hereby authorizing & empowering him to compromise,

adjust, release and discharge in such manner as he may deem proper the

debts and claims due me. I also authorize and empower him if it shall

become necessary in order to pay my debts and bequest to sell by private

sale or in such manner, upon such terms of audit or otherwise, as he may

think proper all or any part of my Real or personal estate, and further to

execute, acknowledge and deliver deeds in fee simple

9th I desire that no appraisment and no sale of my personal property be made

and that the Court of Probate direct the omission of the same in pursuance of the Statute

I do hereby revoke all former wills by me made. In testimony hereof I have hereunto

set my hand and Seal this 22nd day of March in the year 1860

Signed and acknowledged by said William Webster as

William Webster {Seal}

last will and testament in our presence; and signed by

us in his presence and at his request.

W.T. Watson

Martha C. Watson

The State of Ohio, Delaware County Ss

We Walter T. Watson and Martha C. Watson being duly sworn
^this 23rd day of August A.D. 1860 in open Court, depose and say, that we were

present at the execution of the last will and testament of Wm Webster hereto
annexed; that we saw

the said testator subscribe said will, and heard him publish
and declare the same to be his will and

testament, and that said testator, at the time of executing the same
was of full age and of sound mind and

memory, and not under any restraint, and that we signed
the said as witnesses at his request & in his presence

and in the presence of each other. W.T. Watson, Martha C. Watson

Sworn to and subscribed before me this 23rd day of August A.D. 1860
I. Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 69)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 69)

Description

[page 69]

[corresponds to labeled page 40 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Mary Ann Kepler decd


Proceedings had before Hon. Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 11th day of October A.D. 1860


Be it remembered that on the 11th day of october A.D. 1860 an

authenticated copy of the last will and testament of Mary Ann

Kepler decd late of Wyandot Co. O. was produced in open court

and it appearing to the satisfaction of the Court that the said will

had been proved in said County of Wyandot & State of Ohio and that

said will has relation to property within the said county of Delaware

It is ordered by the Court that the said authenticated copy there

be recorded in the record of wills for said county of Delaware


Copy of authenticated copy of will

Dec 20th A.D. 1859

Be it remembered that on the 20th day of Dec A.D. 1859

the last will and testament of Mary Ann Kepler decd late of Wyandot

County Ohio, was produced in open court for Probate and thereupon came

Ezra Phelps and Ransom Bennett the subscribing witnesses to said will

who were duly sworn and examined teaching the execution and acknowledge

ment of said will which examination was reduced to writing and signed

by said witnesses; and is appearing to the satisfaction of Court, That

said testator at the time of executing said will was of full age, of sound

mind and memory and under no restraint it was ordered that said

will be admitted to Probate, and that the same together with testimony

of the same together with the testimony of the said witnesses be recorded

And be it also remembered that said will and testimony, is in the words

and figures following, to wit,

Will

In the name of the Benevolent Father of All, I Mary Ann Kepler of

Wyandot County O. publish this my last will and testament

Item 1st I give and devise out of my share of the farm lying in Radnor Tp

Delaware County to my beloved brother Samuel Kepler One Hundred dollars, and

to my beloved Sister Rachel Kepler One Hundred dollars and to my

beloved sister Susanna who is intermarried with David Case all

the remainder of the same

Item 2nd I give and devise to my step Father David Cole, after

he pays my debts and funeral expenses, the remainder of thirty four

dollars which he owes me, and my cow

I hereby revoke all former wills by me made

In testimony when of I have hereunto set my hand and seal this 29th

day of August in the year 1859

her

Mary Ann x Kepler

mark

Signed and acknowledged by said )

Mary Ann Kepler as her last will and )

testament in our presence and signed )

by us in her presence Ezra Phelps )

Ransom Bennett )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 70)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 70)

Description

[page 70]

[corresponds to labeled page 41 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Mary Ann Kepler decd cont

And be it also remembered that the testimony of said subscribing

witnesses to said will is in the words and figures following to wit.

The State of Ohio )

Wyandot County ) Ss

Ezra Phelps and Ranson Bennett being duly

sworn in open court this 20th day of December A.D. 1859 depose and say

that we were present at the execution of the last will and testament of

Mary Ann Kepler late of Wyandot County Ohio deceased, that they saw,

said testator signed said last will and testament and heard her declare the

same to be to be her last will and testament, that at the time she was of sound

mind and memory and under no restraint and that they signed the same

as witnesses thereto at her request and in her presence.

Ezra Phelps

Ransom Bennett

Sworn to and subscribed before me )

this 20th of December A.D. 1859 )

M.H. Kirby Probate Judge )


Last Will and Testament of Timothy Andrus decd

Proceedings had before Hon Isaac Ranney Probate

Judge within & for the county of Delaware and

State of Ohio, at his office in the Town of Delaware

on the 14th day of November 1860,

Be it remembered that on the 14th day of November

A.D. 1860 the last Will and Testament of Timothy

Andrus decd late of Delaware County Ohio, was

produced in open Court for Probate and there

upon came Samuel Davidson and Vance

Davidson the subscribing witnesses to said Will

who were duly sworn and examined touch-

ing the execution & acknowledgement of said Will

which examiniation was reduced to writing and

signed by said witnesses. and it appearing to

the satisfaction of the Court that said testator

at the time of executing said will was of full

age of sound mind and memory and under

no restraint it was ordered that said will

be admitted to Probate and that the same

together with the testimony of the said witnesses

be recorded as follows.

Copy of Will

In the name of the Benevolent Father of All

I Timothy Andrus of Berlin Township Delaware

County State of Ohio do make and publish

see page 44

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 71)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 71)

Description

[page 71]

[corresponds to labeled page 42 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Benjamin High deceased


Proceedings had before Hon Isaac Ranney Probate Judge

within and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 27th day of October A.D. 1860


This day the last will and testament of Benj'm High of the town,

County of Delaware late deceased was produced in open court and

duly proven by the testimony of Jacob Terry & R B Smith the sub-

scribing witnesses thereto (as reduced to writing & filed with said

will admitted to probate and ordered to be recorded as follows

Copy of Will

In the name of the Benevolent Father of All - I Benjamin High

of the town & Township of Delaware in the County of Delaware and

State of Ohio, do make and publish this my Last Will & Testament

Item 1st I give and devise unto my sister Lydia Cowgill the use

of Fifteen hundred Dollars during her natural life and at her death

the same to be divided into three equal parts: the four youngest child-

ren of my brother William High to have one part and John High

& Elizabeth Jamison each one part

Item 2nd The Balance of my property, after paying all my debts, funeral

expenses & costs of administration I desire to be divided into four equal

parts: the four youngest children of my brother William High to have

one share & my brother John High & my sisters Elizabeth Jamison &

Lydia Cowgill each to have one share

Item 3rd I give and devise all my household goods & furniture to my

sister Lydia Cowgill and desire my executor to pay her house rent this

year

Item 4th I give and devise to Reuben High my gold watch & chain

Item 5th I give and devise to John High my chest of carpenter and

millwright tools

Item 6th I do hereby nominate and appoint George A Jackson Executor of

this my last will and testament, hereby authorizing & empowering him to

compromise, adjust, release & discharge in such manner as to him

may seem proper the debts & claims due me. And I desire that my

executor, as soon as may be after he has given bonds as such

proceed to convert all my notes & my interest in the steam Grist mill

at Crestline Ohio & all other property not already bequeathed, into mon

ey as soon as he can do so without sacrificing the same; I do also

authorize & empower him to sell by private sale, or in such manner,

upon such terms of credit or otherwise as he may think best and

my property, not especially bequeathed including my interest in said

mill & deeds to purchased to execute acknowledge & deliver in fee

simple

Item 7th I desire that as soon as my executor shall have set

tled up my estate that my brother John High then give bonds

as trustee for the purpose of carrying out the provisions of this

will and I do hereby nominate and appoint him Trustee for

that Purpose and should he die or from any other cause become

disqualified for carrying out said trust I desire that the Probate

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 72)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 72)

Description

[page 72]

[corresponds to labeled page 43 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Benjamin High decd cont


court appoint some suitable person to complete said trust

and I desire that the said Court allow to said Trustee such allow-

ance as may be thought reasonable & just to compensate said Trustee

for his services as such: I desire that said Trustee loan or invest

in some safe way the amount bequeathed to my sister Lydia Cowgill

during her life & to pay to her annually the interest of the same. And

I desire also that he invest for the use and benefit of the four youngest

children of my brother William High the amount bequeathed to

them, whatever it may be until they became of age, thus to give

them the control of the same


I desire that no appraisment and no sale of my personal

property be made and that the Court of Probate direct the o-

mission of the same in pursuance of the statute

In testimony hereof, I have hereunto set my hand & seal

this 26th day of September A.D. 1860

Benjamin High {Seal}

Signed sealed & acknowledged by

said Benjamin High as his last will

and testament in our presence and

signed by us in his presence & as his re

quest & in the presence of each other

Jacob Terry

RB Smith

Whereas I Benjamin High on the 26th day of September A.D. 1860 made

my last will & Testament of that day do hereby declare the following to

be a codicil to the same

If my said sister Lydia Cowgil shall make any charge against my

estate for her services in taking care of me said amount she charges whatever

it may be shall be deducted from said Fifteen hundred Dollars, the use of

which I have heretofore bequeathed her in witness whereof I have hereunto set

my hand & seal this 29th day of September A.D. 1860

Benjamin High {Seal}

Signed Sealed & acknowledged by said Benjamin High as a codicil to

his last will & testament in our presence & signed by as at his request & in his

presence & in the presence of each other

Jacob Terry

R B Smith

The State of Ohio, Delaware County, Ss.

We Jacob Terry and RB Smith being duly sworn in open court this 27th day

of October A.D. 1860 despose and say that we were present at the

execution of the last will & testament of Benjm High hereto annexed;

that we saw the said testator subscribe said will and codicil and

heard him publish and declare the same to his last will and testament,

and that said testator at the time of executing the same was of full

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

that we signed the same as witnesses at his request and in his presence

and in the presence of each other Jacob Terry RB Smith

Sworn to and subscribed before me this 27th day of Oct A.D. 1860

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 73)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 73)

Description

[page 73]

[corresponds to labeled page 44 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Timothy Andrus decd

continued from page 41

This my last Will and Testament

Item 1st I give and devise to my two sons David

Andrus & Orin B Andrus One Hundred Dollars

each then the balance of my property to be divi

ded equally between all my children now living

to with Daniel Andrus Orin B. Andrus Mercy

Ridgway, Harriet Stone, Elvira Wultz Lucinda

Zanes Laura Ethington

Item 2 I do hereby nominate & appoint my

two sons David Andrus & Orin B Andrus executors

of this my last Will and Testament hereby author

izing & empowering them to compromise adjust

release and discharge in such manner as they

may deem proper, the debts and claims due

me and to pay funeral expenses and all my

just debts.

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand

and seal this 23rd day of July in the year 1859

Timothy Andrus [Seal]

Signed and acknowledged by said Timothy

Andrus as his last will and Testament in

our presence and signed by us in his presence

Samuel Davidson

Nancy Davidson

The State of Ohio, Delaware County ss

We Samuel Davidson & Nancy Davidson being duly

sworn in open court this 14th day of Novemeber AD

1860 depose & say that we were present at the ex

ecution of the last will & Testament of Timothy

Andrus hereto annexed that we saw the said

testator subscribe said will and heard him pub

lish & declare the same to be his last Will and

Testament and that the said testator at the time

of executing the same was of full age & of sound

mind and memory and not under any restraint

and that we signed the same as Witnesses at his

request and in his presence and in the presence of

each other

Samuel Davidson

Nancy Davidson

Sworn to and subscribed before me this 14th day

November AD 1860

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 74)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 74)

Description

[page 74]

[corresponds to page labeled 45 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Samuel Leonard dec'd

Proceedings had before Hon Isaac Ranney Probate

Judge within & for the County of Delaware and

State of Ohio, at his office in the town of Delaware

on the 19th day of December 1860

Be it remembered that on the 19th day of Dec'r

AD 1860 the last will & testament of Samuel

Leonard dec'd late of Delaware County Ohio

was produced in open Court for Probate &

thereupon came Wm Roberts & George Roberts the

subscribing witnesses to said will who were

duly sworn & examined touching the execu

tion of & acknowledged said will which examination was

reduced to writing & signed by said wit

nesses and it appearing to the satisfaction

of the Court that said testator at the time

of executing said will was of full age &

of sound mind and memory and under

no restraint it was ordered that the said

will and testimony be recorded as follows

Copy of Will

In the name of my being in Heavenly Father

I Samuel Leonard being in feeble health but

of sound do make & publish this my

last will and testament viz

Item 1st It is my will and request that

all just debts against my estate be fully

paid and that my executor cause a suit

able tombstone to be erected over my grave

Item 2d I give and bequeath unto my beloved

wife Nancy Leonard the use of all my

real estate and the household furniture

during her natural life. this to be in lieu

of her dower the furniture to be hers to dis-

pose of absolutely.

Item 3d I give and bequeath to each of my

three daughters Jane Mary Jo & Eliza Leonard

forty dollars each to be paid out of the first

monies rec'd by my executor after all legal

demands against my estate are fully paid

to be paid in the following order, Elizas first

and then each other daughter above named

equal. this to be a special bequest.

Item 4th After the decease of my said wife my real

Estate to be equally divided among all my children

and if any shall have died and left a sur

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 75)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 75)

Description

[page 75]

[corresponds to labeled page 46 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Samuel Leonard dec'd

viving child or children such to inherit its parents

portion. And in case it shall become necessary to,

sell the real estate in order to make an equitable

division among my children I hereby authorize

and empower my executor to sell and convey

by a good & sufficient deed all of said real

estate on the most advantageous terms whether

at public or private sale and for pay down or

on a credit of not more than four years

with mortgage security and in payment no

preference to be given to the one heirs more than

another. In case that there should not be

monies enough in the hands of my executor

to pay to all equal their special bequests then

real Estate and after that to share equal.

Item 5th I hereby appoint my son Almon Leonard

executor of this my last will & testament and do

revoke all others made by me. In testimony whereof

I have hereunto set my hand and seal this

19th day of May AD 1860

Samuel Leonard [Seal]

Signed sealed and acknowledged in presence of

us and we witnessed the same at the request of

said Samuel Leonard

Wm Roberts

George Roberts

The State of Ohio

Delaware County ss


We William Roberts and George Roberts being duly sworn

in open Court, this 19th day of Decemeber AD 1860 depose

and say that we were present at the execution of the

last will and testament of Samuel Leonard hereto

annexed and that we saw the said testator subscribe

said will and heard him publish and declare the

same to be his last will and testament and that

the said testator at the time of executing the same

was full age and of sound mind and memory and

not under any restraint and that we signed the

same as witnesses at this request and in his

presence & in the presence of each others

Wm Roberts

George Roberts

Sworn to and subscribed before me this 19th

day of Decmeber AD 1860

I Ranney

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 76)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 76)

Description

[page 76]

[corresponds to labeled page 47 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Sarah Martin dec'd

Proceedings had before Hon Isaac Ranney

Probate Judge within and for the County of Delaware

and State of Ohio at his office in the town of

Delaware on the 21st day of Decemeber 1860

Be it remembered that on the 21st day of

December AD 1860 the last will and testament

of Sarah Martin dec'd late of Delaware County

Ohio was produced in open Court for Probate

Judge & thereupon came Sarah A Rawn WW

Willis & WP Reid the subscribing witnesses to

said Will who were duly sworn and

examined touching the execution and acknowled

gement of said will which examination was

reduced to writing and signed by said

witnesses and it appearing to the satisfacti=

tion of the Court that said testatrix at

the time of the executing said will was of full

age and of sound mind and memory

and under no restraint, it was ordered that

the said will and testimony be recorded as

follows

Copy of Will

In the name of the Benevolent Father of all

I Sarah Martin of the Town and County of

Delaware Ohio do make and publish this my

last will and testament as follows

First I devise that all my just debts be

paid out of my estate

Secondly I devise and bequeath to my beloved

son William H Martin and to his heirs and

assigns all my property of every name and

nature real personal & mixed or either and

all including my real estate in the town of

Delaware Ohio now occupied by me as a

homestead by me recently purchased of the firm

of Frost and Willis of said town. Also the house

and lot now owned by me in Warrenton

Village in the County of Jefferson Ohio, also all

my household Goods funtiture of every name and

nature wheresoever situated which I now in

my name own or what I may hereafter

acquire before my decease or in any manner

be entitled to.

Thirdly I hereby nominate and appoint my

son William H Martin Executor of this my

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 77)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 77)

Description

[page 77]

[corresponds to labeled page 48 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Sarah Martin dec'd

last will and testament.

Fourthly I revoke all former Wills by me

made

In testimony whereof I have hereunto set

my hand and seal this 29th day of November

AD 1860

Sarah Martin [Seal]

Signed sealed and acknowledged by said

Sarah Martin to be her last will and Tes-

tament in our presence and signed by us

at her request in her presence this 29th day

of November AD 1860

W W Willis

Sarah A. Rawn

W P Reid

The State of Ohio Delaware County ss

We W P Reid W W Willis and Mrs Sarah A

Rawn being duly sworn in open Court this

21st day of December AD 1860 depose and

say that we were present at the execution

of the last will and testament of Sarah

Martin hereto annexed. That we saw the

said testatrix subscribe said will and

heard her publish and declare the same

to be her last will and testament and that

the said testatrix at the time of executing

the same was full age and of sound

mind and memory and not under any

restraint and that we signed the same as

witnesses at her request and in her presence

and in the presence of each other.

Sarah A Rawn

W W Willis

W P Reid

Sworn to and subscribed before me this 21st

day of Decmeber AD 1860

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 78)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 78)

Description

[page 78]

[corresponds to labeled page 49 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thos W McCoy decd

Proceedings had before Hon Isaac Ranney Probate

Judge within and for the County of Delaware

and State of Ohio at his office in the town of

Delaware on the 22d day of December AD 1860

Be it remembered that on the 22d day of Decem-

ber AD 1860 the last will and testament of Thos

W McCoy dec'd late of Delaware County Ohio

was produced in open Court for Probate and

thereupon came J. A Wasson and N S Cunning=

ham the subscribing witnesses to said will who

were duly sworn and examined touching

the execution and acknowledgement of said

Will which examination was reduced to writing

and signed by said witnesses and it appear

ing to the satisfaction of the Court that said

testator at the time of executing said Will was

of full age and of sound mind and mem=

ory and under no restraint, it was ordered

that the said will and testimony be recorded

as follows

Copy of Will

In the name of the Benevolent Father of all

I Thos W McCoy of the town of Delaware Delaware

County State of Ohio Do make and publish this

my last will and testament.

I give to my sister Elizabeth D McCoy my real

Estate known as the Cline Mill property situated

in Marlborough Township described as follows

in Town six Range 19 section one formerly owned

by Henry Cline Jr. I also will to my said

sister Elizabeth D McCoy one third of my personal

effects after all legal debts are paid by my

executor or adminstrator according to law

I also will to my Brother James McCoy Eighty

acres of land situated in the County of Knox

and State of Indiana given to satisfy a claim

between Miles and Doty against Corvan Dye

and Price at a settlement made at a term

of the Common Pleas Court of Champaign County

Ohio by the said parties Miles and Doty

I also will to my neice Elizabeth Anderson

twenty Dollars to be paid of my effects Real

and personal after all legal are paid

I do hereby appoint James McCoy Executor of

this my last Will and testament I do

authorize and empower him to convey in

fee simple all my Estate

In testimony whereof I have hereunto set

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 79)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 79)

Description

[page 79]

[corresponds to labeled page 50 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thos W McCoy decd

my hand and seal this 3d day of December

AD 1860

Thos W McCoy [Seal]

Signed and acknowledged by said Thos W McCoy

as his last will and testament in our presence

and signed by us in his presence

Joseph A Wasson [Seal]

NS Cunningham [Seal]

The State of Ohio Delaware County ss

We Joseph A Wasson and Miss NS Cunningham

being duly sworn in open court this 22d day of

December AD 1860 depose and say that we

were present at the execution of the last will

and Testament of Thos W McCoy hereto annexed

that we saw the said testator subscribe said

Will and heard him publish and declare

the same to be his last will and testamony

and that the said testator at the time of execution

the same was of full age and of sound mind

and memory and not under any restraint

and that we signed the same as witnesses at

his request and in his presence and in the pres

ence of each other.

JA Wasson

NS Cunningham

Sworn to and subscribed before me this 22d day

of Decemeber AD 1860

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 80)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 80)

Description

[page 80]

[corresponds to labeled page 51 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Slawson decd

Proceedings had before Hon I Ranney Probate

Judge within & for the County of Delaware and State

of Ohio at his office in the Town of Delaware

on the 29th day of January 1861

This day the last Will & Testament of James Slawson decd

late of Delaware County Ohio was produced in open

Court and duly proven by the testimony of Alfred

Slawson and Orville Slawson the subscribing

witnesses thereto who were duly sworn and exam=

ined touching the execution & acknowledgment of

said will which examination was reduced to

writing and signed by said witnesses and it

appearing to the satisfaction of the court that

said testator at the time of executing the same

was of full age and of sound mind and

memory and under no restraint it was

ordered that the said Will and testimony be

recorded as follows

Copy of Will

In the name of the benevolent Father of all

I James Slawson of the County of Delaware &

State of Ohio do make & constitute this my last Will

and Testament.

Item 1st I give & devise unto my beloved

wife all that is allowed by law and appoint

her guardian of my two daughters

Item 2 I do hereby nominate & appoint my

esteemed friend Sabeers Main executor of

this my last will & testament hereby author

izing & empowering him to compromise adjust

release & discharge in such manner as he

may deem proper the debts due now. I

do also authorize him to make sale of my

goods and chattels at public sale and dis=

charge the debts and settle up the estate

according to law

In testimony whereof I have

hereunto set my hand and seal this seventeenth

day of January AD 1861

Signed sealed and delivered in the by the said

James Slawson as his last will and testament

revoking all other wills by me made in presence

of us and signed by us in his presence

and in the p- of us

Alfred Slawson James Slawson

Orville Slawson
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 81)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 81)

Description

[page 81]

[corresponds to labeled page 52 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Slawson decd

The State of Ohio Delaware Co ss

We Alfred Slawson and Orville Slawson being duly

sworn in open Court this 29th day of January

AD 1861 depose and say that we were

present at the execution of the last will &

testament of James Slawson hereto annexed

that we saw the said testator subscribe said

will and heard him publish and declare

the same to be his last will and testament

and that the said testator at the time of ex

ecuting the same was of full age and of sound

mind and memory and not under any

restraint and that we signed the same as

witnesses at his request and in his presence

and in the presence of each other

Orvill Slawson

Alfred Slawson

Sworn to and subscribed before me this 29th

day of January AD 1861

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 82)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 82)

Description

[page 82]

[corresponds to labeled page 53 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Davis decd

Proceedings had before Hon I Ranney Probate

Judge within and for the County of Delaware

and State of Ohio at his office in the town

of Delaware on the 16th day of January 1861

This day the last will and testament of Thomas

Davis dec'd late of Delaware County Ohio was

produced in open court and duly proven

by the testimony of T W Powell and J D

Van Deman the subscribing witnesses thereto

who were duly sworn and examined touch=

ing the execution and acknowledgement of

said will which examination was reduced

to writing and signed by said witnesses

and it appearing to the ^satisfaction of the court that said testator at

the time of executing the same was of full

age and of sound mind and memory and

not under any restraint it was ordered

that the said will and testimony be

recorded as follows

Copy of Will

The last will and testament of Thomas Davis

of Delaware Delaware County Ohio

1 I desire that all my just debts and

funeral charges shall be paid

2 I give and bequeath unto my son Thomas

Davis all my personal property of every

description

3 I give and devise all my real estate

to my said son Thomas Davis during his nat=

ural life and at his death to his legitimate

children in fee simple - on the express condition

and trust however that my said son shall pay

or cause to be paid to my daughter Phebe

the sum of two dollars at the end of each

and every month from the day of my

decease during her natural life (which

sum of two dollars per month I will and

bequeath to her) and I hereby expressly will

and declare that all my real estate shall

be and remain subject to and charged

with the prompt and faithful payment

to my said daughter Phebe during her

natural life as aforesaid

4 I nominate and appoint my said son

Thomas Davis Executor of this my last

will and testament Hereby revoking all
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 83)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 83)

Description

[page 83]

[corresponds to labeled page 54 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Thomas Davis

former wills by me ever made, declaring

this to be my last will and testament

Witness my hand and seal this 30th day of January

AD 1857

Thomas Davis [Seal]

Signed by the said Thomas Davis in our

presence who in our presence declared the

above and foregoing to be his last will and

testament and requested us to subscribe the

same as witnesses thereto which we at the

time last above written did in his presence

and in the presence of each other (The words

"my said son Thomas" interlined in 4 set be

fore execution

John D Van Deman

TW Powell

The State of Ohio Delaware County ss

We T W Powell and J D Van Deman being

duly sworn in open Court this 16th day of

January AD 1861 depose and say that we

were present at the execution of the last will

and testament of Thomas Davis hereto annexed

that we saw the said testator subscribe said

will and heard him publish and declare

the same to be his last will and testament

and that the said testator at the time of ex

ecuting the same was of full age and of

sound mind and memory and not under

any restraint and that we signed the same

as witnesses at his request and in his presence

and in the presence of each other

T W Powell

J D Van Deman

Sworn to and subscribed before me this

16th day of January AD 1861

I Ranney

Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 84)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 84)

Description

[page 84]

[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joshua W. Pierce decd

Proceedings had before Hon. Isaac Ranney Probate

Judge within and for the county of Delaware in

State of Ohio at his office in the town of Delaware on

the 20th day of February AD 1861

This day the last will and testament of Joshua W.

Pierce decd late of Genoa Tp in Delaware County of State

of Ohio was produced in open court and duly proven

by the testimony of Charles Freeman and Nate Mills

the subscribing witnesses thereto (as reduced to writing

and filed with said will) admitted to probate and

ordered to be recorded as follows

Last will and testament, hereby authorizing and empowering him to com

promise, adjust, was and discharge in such manner as he may deem

proper, the debts claims do me. I do also authorize & empower him, if

it shall become necessary in which pay my debts, to sell, by private sale,

or in such manner, upon such home of credit or otherwise, as he may

think proper, all, in any part of my nal state, and deeds to purchase

and execute, acknowledge and deliver, in fee simple. I do such

work all former wills by me made. In testimony whereof.

I have here such set my hand and seal the 19th day of Jan in

the year 1861 Joshe W. Pierce

Signed and acknowledged by said J. W. Pierce

as his last will and testament, in our presence

& signed by us in his presence

Charles Foreman

Nate Wells

The Stae of Ohio. Delaware County St

He Charles Forman and Nate Wells bring duly sworn in open

court this 20th day of February A.D.1861. depose and say, that we

men for sent at the execution of the last will and testament of J W Pierce

point annexed, that we saw the said testator subscribe said will and

found him publish and declair the same to be his last will and testament

and that said testator at the time of executing the said was of full age

and of souned mind and memory, and not understand restraint, and that

was segnied the same as mistaken at his request and in his presence and

in the presence of each other Charles Foreman


Nate Wells

Come to and subscribed before me this 20th day of February AD 1861


J. Ramsey

February 20th 1862. this day Mrs Martha Pierce approved & made his do

time to take under the will of his . husband in him of


J. Ramsey


Day 2
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 85)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 85)

Description

[page 85]

[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joshua W. Pierce decd

In the name of the Benevolent Father of all, I Joshua W. Pierce,

of Genoa T.P. Delaware Co Ohio, do make and publish this my last will

and testament. Item 1st I give and devise to my beloved wife in lieu

of her dower the use and control of the farm in which we now reside

situate in Genoa Delaware County Ohio containing about fifty acres

during her natural life or as long as she remains my widow, she keeping

the said farm in good repair and all the stock, household goods, furniture

provisions & other goods and chattels which be thereon at time of my de-

cease during her natural life, or as long as she remains my widow; as

aforesaid, the executor however selling so much therof as may be suf-

ficient to pay my just debts. At the death of my said wife or at her

marriage the real estate aforesaid and such part of the said personal prop.

erty or the proceeds thereof as may remain in and named and unexpended

I give and devise equally to my lawful heirs and their heirs

Item 2nd I do nominate and appoint George W. Mills executor of this my

last will and testament, hereby authorizing and empowering him to com-

promise, adjust, release and discharge in such manner as he may deem

proper, the debts claims due me. I do also authorize & empower him, if,

it shall become necessary , in order to pay my debts, to sell, by private sale,

or in such manner, upon such terms of credit, or otherwise, as he may

think proper, all or any part of my real estate, and deeds to purcha-

sers to execute, acknowledge and deliver, in fee simple, I do, hereby

revoke all former wills by me made, in testimony whereof,

I have unto set my hand and seal this 19th day of Jan, in

the year 1861 Joshua W. Pierce {seal}

Signed and acknowledged by said J W Pierce

as his last will and testament,in our presence

& signed by us in his presence

Charles Freeman

Nate Mills

The State of Ohio, Delaware County Ss

We Charles Freeman and Nate Mills being duly sworn in open

court this 20th day of February A.D. 1861, depose and say, that we

were present at the execution of the last will and testament of J. W. Pierce

hereto annexed; that we saw the said testator subscribe said will and

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

and that said testator at the time of executing the same was of full age,

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

we signed the will as witnesses at his request and in his presence, and

in the presence of each other Charles Freeman

Nate Mills

Sworn to and subscibed before me this 20th day of Febraury A.D. 1861

I. Ranney P Judge.

Febraury 20th 1862 this day Mrs. Martha Pierce appeared & made her ele

ction to take under the will of her decd husband in lieu of dower

I. Ranney

Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 86)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 86)

Description

[page 86]

[corresponds to labeled page 56 of Will Records Vol. 4 - 1859-1869]


Last will and Testament of Robert McCoy Cellar decd


Proceedings had before Hon Issac Ranney Probate Judge within

and for the county of Delaware and state of Ohio at his office in

the town of Delaware on the 8th day of March A.D. 1861


This day the last will and testament of Robert McCoy Cellar

was produced in open court and duly proven by the testimony

of John T. Colflesh and Soloman Hardin the subscribing witnesses thereto

(as reduced to writing and filed with said will) admitted to Probate

and ordered to be recorded as follows, to wit.

Copy of Will

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

Robert McCoy Cellar of Liberty Township in Delaware County, Ohio

being of sound, mind and memory but mindful of my advanced

age and approaching dissolution; and being desirous of making

a fiscal disposition of all my worldly property, do therefore make

and publish this my last will and testament, as follows, that is

to say

First, It is my will and desire that all my just debts and fu-

neral expenses as well as the expenses of settling the administration

of my estate be first paid out of my personal property by my ex-

ecutor herein after named.

Second, I will, give and bequeath to be paid out of my personal es-

tate as follows to wit: to my brother John F. Cellar or in case of his death

then to be paid to his estate the sum of forty dollars.

To my brother George Cellar in the like manner the sum of forty dollars,

To my brother James Cellar in the like manner the sum of forty dollars,

To the children of my deceased brother Thomas Cellar the sum of forty dollars

To the children of my deceased brother Joseph Cellar the sum of forty dollars

And should there be more of my personal property than enough

to pay these legacies the residue I give to the corporation of the

First Presbyterian Church in Liberty Township in trust to be invested

safely at interest, and the income thereof to be applied by the trustees

of the corporation to religious and benevolent purposes such as they

may deem to be the object of my desire, and also to assist in repairing

or rebuilding their church; and in case there should not be enough to

pay the said forty dollars each, then each are to receive in proportion

to what the personal property will pay after ^the debts & expenses are

paid, But the income arising from the surplus of the personal property as

aforesaid I wish the said trustees to expend in the repairs & rebuilding of said

church and such other religious & benevolent institutions as they may deem

would be my choice were I then living

Third, my real property, consisting of a tract of 296 acres and

37 poles of land being a part of Lots 14 and 15 in Section 1 Township 3

and Range 19 in said Liberty Township as surveyed for me by

James Eaton May 26th and 27th 1859 and known as my farm, I wish

to will and dispose of as follows: -- I give and devise the said

tract of land in fee to the trustee of the first Presbyterian church

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 87)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 87)

Description

[page 87]

[corresponds to labeled page 57 of Will Records Vol. 4 - 1859-1869]


Last will and testament of Robert McCoy Cellar decd cont.


of Liberty Township in the said county Incorporated in the year 1842

and their successors as such corporation forever in trust and for the

use and purposes following that is to say; that the said land shall be

by the said devisees as trustees as aforesaid leased out and devised in

such lots and upon such terms as they may agree and deem best

not exceeding the term of twenty one years at any one time and

upon such terms of rent and inprovements as they may best have

in return therefore giving preference to such tennants as would be assistants

and aid to said church and out of such rent there shall be paid

first; all taxes and expenses incident thereto; next to pay all necessary

repairs and improvements on the said land not made by the tenant or ten-

ants thereon. There shall be next paid out of the s'd rent and income

of the said land, annually the sum of twenty five dollars to the

Trustees of the Presbyterian Church in Liberty situated near the said

land, for the purpose of supporting the minister settled and officiating

in the said church, towards the payments of his annual salary

There shall be next paid a fair proportion of expenses that the congrega-

tion of the said church shall be at either in rebuilding the said church

or keeping the same in repair or in the repair and improvement of

the premises of the said church and burying ground; such fair propor-

tion as shall be as ascertained, by the average amount paid per acre by the

communicants attending the said church in porportion to the land own-

ed by them; the same proportion per acre shall be paid as aforesaid out

of said rents. And it is my will that out of any accumulation of

such rents of the said land these be paid the sum of fifty dollars (but only

once to be paid) to the College about to be established at Springfield,

Ohio; or elsewhere by the Presbyterian church to be paid where said Col-

lege is put into opperation, And it is further my will, that after paying

the taxes, necessary expenses, and the bequeaths above made in the order

above stated, there be next paid the residue of such rents and income of

said land to the trustees of the board of Education of the Prebyterian Church

O.S. in the United States of America, for the purpose of educating young

men for the ministry

And it is further my will that all the charges and necessary

expenses in attending to and taking care of the said land shall

be subject to the supervision and allowance of the Elders, officiating,

of the said Presbyterian Church in Liberty.

Lastly, I hereby constitute and appoint John Cellar, son of my

brother Thomas and Robert McCoy Cellar, son of George Cellar execu-

tors of this my last will and testament

And I now declare my will and desire to be that the said land

hereby devised, should never be sold, but retained for the benefit of

the trusts and uses aforesaid. But in case my will and devise herein

made should ever be, by any means, defeated; then and in that case

it is still my will and devise that the said 296 acres of land should

be and remain forever charged and incumbered with the payment

of all the bequests I leave herein made for the benefit of the said Presby-
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 88)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 88)

Description

[page 88]

[Corresponds to labeled page 58 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Robt McCoy Cellar decd cont.


terian Church in Liberty, to wit, the payment annually of the

sum of twenty five dollars for the support of the minister, and the

payment of a fair proportion as aforesaid of all improvements made

on the said church premises and burying ground.

In testimony whereof I have hereto set my hand & Seal this first

day of February A.D. 1860

Robert McCoy Cellar {Seal}



Signed, sealed & declare to be

the last will and testament of Robert M. Cellar

in the presence of these witnesses and they

in the presence of each other and in his presence

& at his request have signed their names as witnesses

thereto in the day last above written

John F Colflesh

Soloman Hardin


The State of Ohio, Delaware County Ss

We Soloman Hardin and John F. Colflesh being duly sworn in open

court, this 12th day of March A.D. 1861, depose and say, that we were present

at the execution of the last will and testament of Robert McCoy Cellar hereto

annexed; that we saw the said testator subscribe said will, and heard him

publish and declare the same to be last will and testament, and that

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

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

we signed the same as witnesses at

his request and his presence, and in the presense of each other.

John F Colflesh

Soloman Hardin

sworn to and subscibed before me this 12th day of March A.D. 1861

I Ranney, Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 89)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 89)

Description

[page 89]

[corresponds to labeled page 59 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of John Robison decd.


Proceedings had before Hon I. Ranney Judge of

the Court of Probate in Delaware County O. at his

office in the town of Delaware April 30th 1861

This day an authenticated copy of the last will

& testament of John Robison late of Brooke Coun

ty in the state of Virginia was produced in

open Court & it appearing to the satisfaction

of the Court that said will has been proven in the

said state of Virginia according to the laws of said

state & that said will has relation to land lying

in this County

It is therefore ordered that the said authen

tication copy be recorded in the record of wills for

said county of Delaware as follows:

Copy.

In the name of God Amen I John Robison of the

county of Brooke and the state of Virginia being of

sound mind and memory and considering the un

certainly of life and certainty of death do make this

my last will and testament and first that all

my just debt debts & funeral expenses be paid then

I give unto my son Westly all my harness & farm

ing utensils the crop now growing one half the grain

we have in H. L. Rylands Mill and our young pony

mare And unto my daughter Elizabeth I give one

thousand dollars ($1000) one bed & bedding to be given

to her when she arrives at the age of twenty one

years or sooner if she marreys To my daughter Char

ity I give one thousand dollars ($1000) one bed and

bedding to be paid when she arrives at the age of

twenty one years, or sooner if she marries. And to

my daughter Mary Jane I give one thousand

dollars ($1000) one bed & bedding to be paid to when

she arrives at the age of twenty one years or

sooner if she marries My three daughters Elizabeth

Charity & Mary Jane are to have their houses &c

support on my property until they marry or choose

to leave it And to my sons Elijah Wm Thomas

& Westly I give all my estate - real & personal and

heretofore disposed of to be shared equally by them

I also appoint my three sons Elijah William

Thomas and Westly to be executors of this my

last will and testament - hereby revoking all

former wills by me made. In witness whereof

I hereunto affix my hand and seal this day

of January 1856 John Robison [Seal]

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 90)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 90)

Description

[page 90]

[corresponds to labeled page 60 of Will Records Vol. 4 - 1859-1869]


Last Will of John Robison dec' Cont

Signed and acknowledged in presence of us

Nicholas Stansberry

Thomas Donevan

Court of Brooke County Va.

of Aug. term 1859

The last will & testament of John Robison dec

late of Brooke County was this day produced in court

and proved by the oaths of Nicholas Stansberry & Thom

as Donevan Jr. The subscribing Witnesses thereto and

ordered to be recorded. Whereupon Wm T. Robison & Westly

Robison Executors therein named who made oath and together

who with Nicholas Stansberry & John Stansberry their action

was justified action entered into & acknowledged a bond in the

penalty of six thousand dollars with conditions according

to law, Certificate is granted the said Wm T. Robison

& Westly Robinson for obtaining a probate of s'd will

due fund John L. Naylor Dpy.

for J. R. Taylor Clk.

I certify the following to be a true copy of a will so

written to leave January term 1859 with the anexed

order of Court John S. Naylor Dpy.

for J. N. Naylor Clk

I J. N. Naylor Clerk for the County Court of Brooke

County in the State of Virginia do verify that the

foregoing is a true copy from the records of my Court

being under my hand and the seal of said

Court this 24th day of April in the year

One Thousand Eight Hundred & Sixty J. R. Naylor Clk

State of Virginia County of Brooke

I John Hiuduran Presiding Judge for the County

of Brooke County in the state aforesaid do hereby

verify that Joseph N. Naylor whose name is signed

the above writing is Clerk of the County Court

and that his signature thereto is genuine Said un

der my hand the 25th day of April A.D.

John Hiuduran Presiding Judge

State of Va. County of Brooke SS.

SS. J. N. Naylor Clerk of the County aforesaid

in the State of Virginia do hereby certify that John

Hinduran is Presiding Judge of the County & State

aforesaid & that his signature to the above writing

is genuine.

Given under my hand this 24th day

of April 1861

J. N. Naylor Clk
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 91)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 91)

Description

[page 91]

[corresponds to labeled page 61 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan dec'd

Proceedings had before Hon T. Ramsey Probate Judge within and

for the county of Delaware and State of Ohio At this office in the

town of Delaware on the 6th day of May 1861.

Be it remembered that heretofore to wit on the 18th day of

December 1860 the following order was had and entered herein to wit


Matter of William Morgans will

The last will and testament of Wm Morgan

late of Harlem Township in said County dec' was this day pro-

duced in open court & it appearing to the court that Wm Tompkins

one of the subscribing witnesses to said will resides in the county of

Lucas & State of Iowa it is ordered that a commission issued with

the said will annexed to take the deposition of the said Wm. Tompkins

touching the due execution of said will to be directed to John Edwards

of said county of Lucas according to the statute in such made

and provided.

T. Kenney P.J.

And afterwards to wit on the 18th day of Dec' A.D. 1860 the

following commission was issued therein to wit

Probate Court Delaware County State of Ohio

To John Edwards of Lucas County Iowa

Greetings

Know ye that we in confidence of your prudence & fidelity

have appointed you and by these present do give to you full

power and authority to examine and take the deposition of

Wm Tompkins one of the subscribing witnesses to the will of

Wm Morgan hereto annexed late of Harlem Township in Delaware

County Ohio and therefore we command you that at certain days

and places to be appointed by you. You cause the said Wm

Tompkins to be brought before you and then and there examine

him on his conferred oath or affirmation first taken before

you, touching the due execution of the said will of the said Wm

Morgan and that you reduce such examination to writing and

return the same together with this writ and the said will of the

said Wm Morgan thereto annexed closed up under your seal into

our Court of Probate with all convenient speed.

[Seal] Witness I. Ranney Judge of said Court of

Situate at Delaware Ohio the 18th day of

December A.D. 1860

I. Ranney. Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 92)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 92)

Description

[page 92]

[corresponds to labeled page 62 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan dec' Contd

And afterwards to wit on the 6th day of May A.D. 1861

the return of above commission with the deposition attached as

such herein to wit:

State of Iowa } Taken before

County of Lucas } John Edwards Commissioner

The deposition of William Tompkins Witness taken

at Chariton Lucas County Iowa in the 12th day of April 1861

between the hours of 10 o'clock A.M. & 4 O'clock P.M in pursuance of

previous notice given said Witness and in Obedience to a Commission

which issued from the Judge of the Probate Court of Delaware County

This dated December 18th A.D. 1861 and herewith annexed said

deposition to be read in evidence to establish the execution of the

last will and testament of Wm Morgan deceased late of Del

aware County Ohio

Interg 1st What is your name, age, and present place of

residence?

Answer - William Tompkins aged 62 years and resides at

present in Lucas County Iowa.

Interg 2nd Were you present at the execution of the last will

and testament of William Morgan of Delaware

County Ohio hereto annexed? -----

Answer 2nd I and the said B. C. Waters both saw the

said testator subscribe said Will and heard

him publish and declare the same to be his

last will and testament and that the said

testator at the time of execution of the same

was of full age and of sound mind and

memory and not under any restraint and

that I and said Waters signed the same as

witnesses at his request and in his presence and

in the presence of each other

William Tompkins

State of Iowa }
S.S.
County of Lucas }

I John Edwards Commissioner appointed

in power and of authority from the Probate Court of Delaware

County Ohio and in notice there of the foregoing depositions of

William Tompkins was taken before me and after taken same had

been reduced to writing by me and made by me to said witness

was subscribed and sworn to by the deponent therein at my

office in Chariton in said County on the 12th day of April

A.D. 1861 between the hours of ten o'clock A.M. and 4 o'clock

P.M. of said day In testimony whereof I have hereunto set my

hand this 12th day of April 1861

John Edwards

Commissioner
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 93)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 93)

Description

[page 93]

[corresponds to labeled page 63 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan decd Contd

(Copy of Will)

Father of All I William Morgan do make and publish this my

last will and testament

Item 1st I give and bequeath to my beloved wife in lieu of her

Dower the farm on which we now reside situated in the county of

Delaware and State of Ohio and in the township of Harlem and

bounded on the east and north by land owned by L.R. Kesler and

George Morgan and in the south by land owned by R. N. Keer

and on the west by the same supposed to contain fifty Acres

of Land together with all the priveleges and appurtenances unto

the same belonging during her natural life provided she remain

my widow in the event of her marriage the real estate afore

said I give and divise to my sons George Morgan and

Loomis Morgan.

Item 2nd I devise and bequeath to my two sons George

And Loomis Morgan all of my personal property after

the widow dower is set off and my just debts are

paid

Item third I do hereby nominate and appoint Eliza

Morgan my wife executrix of my last Will and testament

hereby authorizing and empowering her too compromise adjust-

relieve & discharge in such manner as she may deem proper the

debts and claims due me.

I desire that no appraisement and no sale of my personal property

be made and that the Court of Probate direct the omission of

the same in pursuance of the Statute I do hereby revoke all former

wills by me made in testimony thereof I have hereunto set my

hand and Seal this 25th day of Sept. A.D. 1857

his

William X Morgan [Seal]

mark

signed and acknowledged by Said William Morgan as his last

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

presence.

William Tompkins

R.C.Traters [?]

The State of Ohio Delaware Co Ss

I R. C. Traters being duly sworn in open Court this 6th day of May AD

1861 depose and say that I was present at the execution of the last will

and testament of Wm Morgan hereto annexed that I saw the said

testator subscribe said will and heard him publish and declare the same

to be his last will & testament and that the said testator at the

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

memory and not under any restraint and that I signed the same

as witness at his request and in his presence and in the presence

of Wm Tompkins

R.C. Traters - Sworn to and sub

scribed before me this 6th day of May A.D. 1861. I Ranney P.J.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 94)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 94)

Description

[page 94]

[corresponds to labeled page 64 of Will Records Vol. 4 - 1859-1869]


Last Will etc of William Morgan decd Contd

And afterwards to wit on the 6th day of May A.D. 1861

the following order was had and entered to wit;

Matter of Last will etc of William Morgan decd late of Harlem

township. The Commission heretofore issued from the court

with the said will of the said William Morgan to take the

deposition of Wm Tompkins one of the subscribing witnesses thereto

was this day produced in Court & filed and it appearing to the satis-

faction of the court as well by the said deposition of the said

Wm Tompkins as well as by the testimony of R.C. Traters another subscribing

witness to the said will was duly attested and executed and that

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

and sound mind & memory & not under any restraint it is ordered

that said will & testimony be recorded. Thereupon Eliza Morgan

Executrix in said will named appeared in court and signified her

acceptance of the trust of executing said will it is thereupon ordered

that letter testamentary issue to her to her upon her giving bonds

the sum of $400.00 with Loomis & George Morgan as her sureties

Conditioned according to law.

Court appoints R.N. Kesler & James Hugler to appraise

the personal property belonging to said estate

I. Ranney Pro. Judge

_____________________________

Last will & testament of John Gotlieb Gock decd

Proceedings had before Hon I. Ranney Probate Judge within and for

the county of Delaware & State of Ohio at his office in the town of

Delaware on the 20th day of May A.D. 61

This day the last will and testament of John Gottlieb Gook decd

of Delaware township Delaware County was produced in open Court and

duly proven by the testimony of John High & John Graham the

subscribing witnesses thereto (as reduced to writing and filed with said

will) admitted to Probate and ordered to be recorded as follow's

Copy of will

This is my last will and testament made and concluded

on this 2nd day of April 1861 I John Gotlieb Gook this day I leave

to my wife Elizabeth my farm or lot of land in Delaware township

Delaware County Ohio containing twenty six acres of land the same

is to have & to hold during her life time and if the income of

said lot is not sufficient to support her, She has the right to sell

said lot or farm and make use of the money to the best advantage

to suit herself she is also to have & too hold all the horses cow

sheep & swine She is also to have all the hay & straw in said

lot or farm and all the grain in the ground and sell the out

standing money and she is to give Susanna an out- set sealed

& delivered in the presence of - John Gotlieb Gook ~

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 95)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 95)

Description

[page 95]

[corresponds to labeled page 65 of Will Records Vol. 4 - 1859-1869]


Last Will etc of John Gottlieb Gock decd

John High

John Graham

The State of Ohio Delaware Co. Ss.

We John High & John Graham being duly sworn in

open Court this 20th day of May AD 1861 depose & say that we

were present at the execution of the last will and testament of

John Gotlieb Gook hereto annexed that we saw the said testator

subscribe said will and heard him publish and declare the same

to be his last will and testament and that the said testator at

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

& memory and not under any restraint and that we signed the

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

presence of each other

John High

John Graham

Sworn to & subscribed before me this 20th day of May AD

1861.

I. Ranney Pro. Judge

________________________

Last will & testament of David Worline decd

Proceedings had before Hon I. Ranney Probate Judge within & for the

county of Delaware & State of Ohio at his office in the town of

Delaware on the 10th day of May A.D. 1861


This day the last will & testament of David Worline late

of Delaware township Delaware County was produced in open court

and duly proven by the testimony of J.H. White & James Eaton

& D. Harvey the subscribing witnesses thereto (as reduced to writing

and filed with said will) admitted to Probate and ordered to

be recorded as follows ;

Copy of Will

I David Worline of Delaware

township Delaware County, State of Ohio, being of sound and

disposing mind memory & Understanding do make publish

and declare this to be my last will & testament as far as

connected with my real estate hereby revoking and making void

all former last will and testaments and writings Native of Last

wills & testaments by me heretofore made

1st I give and bequeath to my son David A. Worline the north half

of the following tract of land after taking off four acres of land

off of the west end of said tract the whole tract is bounded &

described as follows being the south part of Lot Number two

and North part of lot Number One in Section from

Township five Range Nineteen of the United States Military

survey being the same lot or tract of land deeded to me by George

Rumford & Clara Rumford his wife by deed dated this 4th

day of March AD Eighteen Hundred and thirty five
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 96)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 96)

Description

[page 96]

[corresponds to labeled page 66 of Will Records Vol. 4 - 1859-1869]


Last Will etc of David Wooline decd

to which deed reference is hereby made for more particular

description of the same. the whole tract estimated to contain one

hundred acres of land this tract hereby bequeathed estimated

contain forty eight acres more or less, bequeathed subject to the here-

inafter stated conditions

2d I give and bequeath to my son Albert A. Worline the

south half of said tract of Land after taking off the aforesaid

four acres of land off the west end thereof subject to the hereinafter stated

conditions

3d I give and bequeath to my daughter Rebecca Dengler wife of

Frederick Dengler the above mentioned four acres of land off the west

end of the above described tract of land which tract of land in

the farm which I now reside to them taken off of said west

end by a parallel line with the section line & far enough east

from said section line to contain said four acres of land

also I further bequeath to my said daughter Rebecca the

whole of Lot Number eight in section there Township four

Range nineteen United States Military survey containing 49 acres

141 67/100 perches of land for a more particular description

of said lot of land reference is hereby made to a deed for

said lot made to me by Emery Moore & Nancy Moore

his wife dated the 9th day of January AD 1840

4th I give and bequeath to my grandchildren heirs of my deceased

daughter of Hester Ann Weiser wife of Soloman S Weiser

follows to be paid to each of them as they respectively become of

age as hereinafter stated viz to Albert Weiser the sum of five

hundred dollars to be paid by the before stated legatees as

follows by Albert A. Worline the sum of three hundred dollars

by David A Worline the sum of One hundred and fifty

dollars and by said Rebecca Dengler the Sum of fifty

dollars and the Hatty Weiser the sum of two hundred & fifty

dollars as follows by said Albert A. Worline the sum of one

hundred & fifty dollars By David A Worline Seventy five

dollars and By Rebecca Dengler the sum of 25 dollars and

to Nettie Weiser the sum of two hundred & fifty dollars

to be paid as follows by said Albert A Worline, the sum of

one hundred and fifty dollars by said David A Worline

the sum of seventy five dollars and by said Rebecca Dengler

the sum of twenty five dollars all said respective sums to

be paid by my aforesaid sons & daughter to my said three

grand children as they respectively become of age in consideration of

Real Estate here in before bequeathed to each of them herein

before described

And I do nominate appoint my said

sons Albert A Worline & David A Worline my sole executors of this

my last will & testament In testimony whereof I the said David

Worline have hereunto subscribed my name and affixed my seal

this sixth day of April AD 1861 Signed sealed and

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 97)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 97)

Description

[page 97]

[corresponds to labeled page 67 of Will Records Vol. 4 - 1859-1869]


Last Will etc of David Worline decd

declared by said David Worline to be his last will and

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

presence subscribed our names as witnesses hereto in

presence of each other

J.H. White ) David Worline {Seal}

James Eaton )

D. Harvey )


The State of Ohio Delaware Co Ss

We James Eaton and J.H. White and David Harvey

being duly sworn in open Court this 10th day of May

AD. 1861 depose and say that we were present

at the execution of the last will and testament of David

Worline hereto annexed that we saw the said testator

subscribe said will and heard him publish and declare

the same to be his last will and testament and

that the said testator at the time of executing the

same was of full age and of sound mind and

memory and not under any restraint and that

we signed the same as witnesses at his request and

in his presence and in the presence of each other

James Eaton

J.H. White

D. Harvey

Sworn to and subscribed before me this 10th day of

May A.D. 1861

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 98)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 98)

Description

[page 98]

[corresponds to labeled page 68 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Judd Peet decd

Proceedings had before Hon. I. Ranney, Probate Judge within and

for the county of Delaware & State of Ohio at his office in the

town of Delaware on the 25th day of May A.D. 1861

This day the last will and testament of Judd Pett late

of Berlin Township & Delaware County was produced in open Court

and duly proven by the testimony of Orpha Cronkleton & Silas

Emerson the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to Probate and ordered to be

recorded as follows:

Copy of Will

I, Judd Peet of the township of Berlin & County of

Delaware & State of Ohio do hereby make & publish

this my last will and testament.

1st I give & devise to my wife Mary E Peet the

whole of my estate both real & personal situate in

the township & County above mentioned except so much

as may be necessary to settle up my business and pay

all necessary expenses.

2nd I do hereby nominate & appoint my wife the said Mary

E. Peet above named as executrix of this my last will

& testament

3rd I desire that no appraisement & no public sale of my

personal property be made and that the court of Probate

direct the omission of the same in pursuance of the

estate

In testimony whereof I have hereunto set my hand

and seal this 14th day of March AD. 1861

Signed and acknowledged

by said Judd Peet as his Judd Peet [Seal]

last will & testament

in our presence signed

by us in his presence

Orpha Cronkleton

Silas Emerson
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 99)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 99)

Description

[page 99]

[corresponds to labeled page 69 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Judd Peet decd

The State of Ohio Delaware Co. Ss

We Orpha Cronkleton and Silas Emerson being duly sworn

in open Court this 25th day of May A.D. 1861 depose & say

that we were present at the execution of the last will and

testament of Judd Peet hereto annexed that we saw the said

testator subscribe said will and heard him publish and

declare the same to be his last will & testament and that

the said testator at the time of executing the same

was of full age and of sound mind and memory and

not under any restraint and that we signed the same as

witness at his request and in his presence and in the

presence of each other

Silas Emerson

Orpha Cronkleton

Sworn to and subscribed before me this 25th day of

May A.D. 1861

I. Ranney Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 100)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 100)

Description

[page 100]

[corresponds to labeled page 70 of Will Records Vol. 4 - 1859-1869]


Last Will etc of A.L. Griffith decd

Proceedings held before Hon. I Ranney Probate Judge within

and for the County of Delaware & State of Ohio at his office

in the town of Delaware on the 11th day of Jun A.D. 1861

This day the last will and testament of Anthony L.

Griffith late of Delaware Township & Delaware County was

produced in open Court and duly proven by the testimony

of Wm D. Heim & B. Powers the subscribing witnesses thereto

(as reduced to writing and filed with said will) admitted to Probate

and ordered to be recorded as follows;

Copy of Will

In the name of God "Amen"

I Anthony L. Griffiths of the County of Delaware

and State of Ohio - of lawful age - being of an advanced age

and considering the uncertainty of this mortal life - the certainty

of death, but the uncertainty of the time thereof and being of sound

and disposing mind and memory do so much publish this my

last will and testament for the purpose of disposing of my world-

ly effects to wit

Item 1st I will & devise that after my decease that my body be

decently buried and that my funeral expenses and my just &

legal debts be fully paid etc

Item 2nd I will and devise to my beloved wife Aletta Griffiths after

paying my debts as aforesaid all the balance and residue of

my said property both real personal and mixed with full

power to use, sell, dispose of. coming by deed, lease or otherwise for

her sole use benefit and behalf during her natural life etc And

at the death of my said wife Aletta if she dies before her brother

Cornelius C. Saydenn I will and devise to said Cornelius C.

Saydenn all the residue and remainder of my said property

of my said wife but if the said Cornelious C Saydenn

should die before my wife Aletta then and in that

case the whole of said residue to be at the disposal of my said

wife Aletta Griffiths as she may see proper etc.

Item 2nd I do hereby nominate and appoint my said

beloved wife Aletta Griffiths sole executrix of this my last

will & testament with full power to execute and carry on

effect this my last will & testament hereby revoking and

disavowing all other wills by me made and declaring and

publishing this to be my last will & testament

In Testimony whereof I have

hereunto set my hand and seal this 24th day of

October AD 1851.

A.L. Griffiths [Seal]
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 101)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 101)

Description

[page 101]

[corresponds to labeled page 71 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Anthony L Griffiths decd

Signed and sealed and acknowledged

by said Anthony L Griffiths as his

last will and testament in our

presence and signed by us in his

presence and at his request

Wm D. Heim

B. Powers

The State of Ohio Delaware Co Ss

We Wm D Heim and Benjamin Powers being duly

sworn in open Court this 11th day of June A.D.

1861 depose and say that we were present at the

execution of the last will and testament of Anthony

L. Griffiths hereto annexed That we saw and the said

testator subscribe said will and heard him publish

and declare the same to be his last will & testament

and that the said testator at the time of executing

the same was of full age and of sound mind

and memory and not under any restraint and

that we signed the same as witnesses at his request

and in his presence and in the presence of each

other

Wm D. Heim

B. Powers

Sworn to and subscribe before me this 11th day

of June A.D. 1861

I Ranney Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 102)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 102)

Description

[page 102]

[corresponds to labeled page 72 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Benjamin Holley decd

Proceedings had before Hon. I. Ranney Probate Judge within and

for the county of Delaware & State of Ohio at his office in the

town of Delaware on the 19th day of July 1861

This day the last will & testament of Benjamin Holly decd

late of Delaware County & State of Ohio was produced in open

court and duly proven by the testimony of Silas Emerson &

Nancy Ann Emerson the subscribing witnesses thereto (as reduced

to writing and filed with said will) admitted to Probate and

ordered to be recorded as follows

Copy of Will

I Benjamin Holly of the county of Delaware & State of

Ohio being of full age and sound mind do make & publish

this my last will & testament

1st I give and devise to my wife Maria Holley the whole of my

personal & real estate situated in Berlin township and in

the county & State afore named that is she shall have

the full benefit of said property so long as She shall live

subject to the provision hereinafter made

1st I give & devise to my two daughters Jane Holly & Lois Holly

each one bed and the used bedding when they shall respectively

become eighteen years of age also they shall have their support

out of my property devised above to my wife as long as

they remain single and see proper to remain at home

2nd I give and devise to my son John Holly the use & control

of my property above devised to my wife so long as he supports

my said wife & daughters aforementioned according to the above

provisions & maintains a due regard for their feelings

& comfort treating therewith proper respect etc Now if the

said John Holly shall comply with the above conditions

after the death of my wife he shall have the whole of my

said property free of all encumbrances except such as are

herein specified. But if he should fail to comply with

the conditions of this instrument then my wife Maria

Holly shall take and have control of said property so

long as she shall live and after her death it should

be divided equally among all my children

4th I do hereby nominate and appoint my wife Maria

Holly and John Holly executors of this my last will

& testament

5th I desire that no appraisement or sale be made

of my personal property and that the court of Probate

so order in pursuance of the statute
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 103)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 103)

Description

[page 103]

[corresponds to labeled page 73 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Benjamin Holly decd

In testimony hereof I have hereunto set my hand &

seal this 26th day of April A.D.1860

Signed & acknowledged Benjamin Holley

by said Benjamin [Seal]

Holly as his last will

& testament in our

presence and signed

by us in his presence

Silas Emerson

Nancy Ann Emerson

The State of Ohio Del Co So

We Silas Emerson & Nancy Ann Emerson being

duly sworn in Open Court this 29th day of July

AD 1861 depose & say that we were present

at the execution of the last will & testament

of Benjm Holley hereto annexed that we saw the

said testator subscribe said will and heard him

publish & declare the same to be his last will

& testament and that the said testator at the

time of executing the same was of full age

and of sound mind & memory and not under

any restraint and that we signed the same

as witnesses at his request and in his presence

and in the presence of each other

Silas Emerson

Nancy Ann Emerson

Sworn to & subscribed before me this 29th day

of July AD 1861

I. Ranney Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 104)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 104)

Description

[page 104]

[corresponds to labeled page 74 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Catherine Weiser

Proceedings had before Hon. I Ranney Probate Judge within &

for the county of Delaware & State of Ohio at his office in

the town of Delaware on the 2nd day of August 1861

This day the Last will & testament of Catherin Weiser late of

Delaware County & State of Ohio was produced in open court and duly proved

by the testimony of R. Lugenbeel. N.D. Perry & E. Anderson the

subscribing witnesses thereto (as reduced to writing & filed with said

will) admitted to Probate & ordered to be recorded as follows

Copy of Will

In the name of God Amen. I. Catherine Weiser of the County of

Delaware & State of Ohio being in reasonable health of body and of

sound mind & understanding and considering the certainty of

Death and the uncertainty of the times thereof and being desirous

to settle my worldly affair and thereby be the better prepared

to leave this world when it shall please my Heavenly Father

to call me home do therefore do make & publish this my last will

& testament in manner & form following that is to say

Item 1st I give & bequeath unto my grand children Sarah Goodman

Nancy Rankin & Israel Arnold each one dollar

Item 2 I give & bequeath unto my sons Jacob, Peter, William &

David & my daughters Elizabeth, Hannah & Lucina all the residue

of my estate both real personal & mixed to be equally divided

amongst them share & share alike

And lastly I do hereby appoint my sons Jacob & David to be

executors of this my last will & testament with full power to

settle my estate without taking out letters of administration

revoking & annuling all former wills by me made & ratifying

to be my last will & testament.

In testimony whereof I have hereunto set my hand & affix

my seal this 1st day of June Eighteen hundred & fifty eight

Signed sealed & declared }

by Catherine Weiser to be her last }

will & testament in the presence }

of us who at her request & in } her

her presence and in the presence } Catherine X Weiser [Seal]

of each other have subscribed our } mark

names as witnesses thereto }

R. Lugenbeel }

N. D. Perry }

E. Anderson }
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 105)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 105)

Description

[page 105]

[corresponds to labeled page 75 of Will Records Vol. 4 - 1859-1869]


Last Will ect of Catherine Weiser - - -

The State of Ohio - Delaware Co SS

Mr. B. Lugenbeel, N. D. Perry and Edgar Anderson being duly sworn

in open Court this 3rd day of August A.D. 1861 depose & say

that we were present at the execution of the last will & testament

of Catherine Weiser hereto annexed that we saw the said testatrix

subscribe said will and heard her publish and declare the

same to be her last will & testament and that the said testatrix

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

mind and memory and not under any retraint and that we

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

and in the presence of each other.


N. D. Perry

E. Anderson

Sworn to and subscribed before us this 2nd day of August

A. D. 1861

T. Ranney Probate Judge


Last Will etc of Wm T. Sharp deceased

Proceeding had before Hon I Ranney Probate Judge within

and for the County of Delaware & State of Ohio at his office in

the town of Delaware on the 7th day of Sept. 1861.

This day the last will & testament of Wm T. Sharp

late of Marlborough township Delaware County & State of

Ohio was produced in open court and duly proven by the

testimony of Hugh Cole & J. C. Cole the subscribing witnesses

thereto (as reduced to writing & filed with said will) admitted

to Probate & ordered to be recorded as follows:

Copy of Will

I Wm T. Sharp of Marlborough Township - Delaware Co

Ohio do make and publish this my last will & testament

Item 1st I give & devise to my son Joseph P. Sharp 82

acres of land in R.19 T.6. S.21. Lot 10 S.E. 21 and also 20

acres in R. 19. T. 6. S1 lot 38 and twenty acres in the East

part of R 19 T6 8 4 lot 2 joining lands of J. C. Cole.

Item 2nd I give & devise to my son Samuel Sharp one hundred

& five and one half acres of land in R19. T. 6. S. 4. lot 2 N

Part in Twp TP. and I do give and devise unto my sons

Joseph R. Sharp and Samuel S. Sharp Eighty acres of land

in Putnam County Ohio and Two hundred and forty

acres of land in Stark County Indiana

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 106)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 106)

Description

[page 106]

[corresponds to labeled page 76 of Will Records Vol. 4 - 1859-1869]


Last Will of Wm T. Sharp dec'

Item 3rd I give & devise to my two sons Wm Sharp and John

Sharp one hundred dollars each when called for

Item 4th I do hereby nominate and appoint Joseph B.

& Samuel Sharp Executors of this my last will & testament

hereby authorizing and empowering them to compromise adjust

release & discharge in such manner as they may deem proper

the debts and claims due me I do also authorize and empower

them if it shall become necessary in order to pay my debts

to sell all of my stock Horses Cattle Sheep Hogs and

or to retain if and keep it on the Farm and pay my

lawful debts out of their own funds and divide the stock

between the said J. B. Sharp and S. Sharp or to make

such distribution of the said Stock as they may see fit and

proper. And I do hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand & seal

this the 16th day of August 1861

Signed and acknowledged by } Wm T. Sharp [Seal]

said Wm T. Sharp as his }

last will and testament in }

our presence and signed by }

us in his presence }

Hugh Cole }

J. C. Cole }


The State of Ohio Del Co

Mr. Hugh Cole and J. C. Cole being sworn in Open Court

the 7th day of Sept. AD 1861 depose and say that we

present at the execution of the last will and testament

of Wm T. Sharp hereto annexed that we saw the said testator

subscribe said will and heard him publish and declare the same

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

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

sound mind and memory and not under any restraint and

that we signed the same as witnesses at his request and in

his presence and in the presence of each other

Hugh Cole

J. C. Cole

Sworn to and subscribed before me this }

7th day of September A.D. 1861 }

` I. Ranney. Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 107)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 107)

Description

[page 107]

[corresponds to labeled page 77 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Isaac Welch Dec'

Proceedings had before Hon. I. Ranney Probate Judge within and

for the County of Delaware & State of Ohio at his office in the town

of Delaware on the 21st day of Oct. 1861

This day the last will and testament of Isaac Welch dec' late of

Delaware County and State of Ohio was produced in open court

and duly proven by the testimony of Daniel Shafer and Ezekiel

Hardin the subscribing witnesses thereto ( as reduced to writing and filed

with said will) admitted to Probate and ordered to be recorded as follows

Copy of Will

In the name of the Benevolent Father of all I Isaac Welch

of Liberty Township Delaware County in State of Ohio do

make & publish this my last will & testament

Item 1st I give & devise to my beloved wife in lieu of her

dower One hundred Dollars & one pig now in the pen &

three bushels of potatoes, the money to be paid out of

the first money that is collected from the estate and

interest on said hundred Dollars from the present date

In case she is not satisfied with this I give and devise

to her her lawful right in my property in lieu of

the hundred dollars etc

Item 2nd After paying all my debts I give and devise the

balance that is left to all the heirs in equal shares

the heirs of Elijah & John Deceased collectively to & now

their fathers portion with the exception of Forty Dollars

taken from the share of David.

Item 4th I do hereby nominate and appoint Reuben

Hardin & Hiram R. Carpenter executors of this my last

will & testament hereby authorizing and empowering them

to compromise adjust release and discharge in such manner

as they may deem proper the debts and claims due me.

I also authorize and empower them if it shall be necessary

in order to pay my debts to sell by private sale or in such

manner upon such terms of credit or otherwise as they may

think proper all or any part of my real estate and deed

to purchasers to execute acknowledge and deliver in fee simple

I do hereby revoke all former wills by me made & in testimony

whereof I have hereunto set my hand and seal this sixteenth

Day of October in the year 1861

his

Isaac X Welch [Seal]

mark

Signed and acknowledged by

said Isaac Welch as his last

will & testament in our presence &

signed by us in his presence

David Shafer

Ezekiel Hardin
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 108)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 108)

Description

[page 108]

[corresponds to labeled page 78 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Isaac Welch Deceased

The State of Ohio Delaware Co Ss

We Daniel Shafer and Ezekiel Hardin being duly sworn in

open Court this 21st day of Oct. A.D. 1861 depose and say that

we were present at the execution of the last will and testament

of Isaac Welch hereto annexed that we saw said testator

subscribe said will and heard him publish and declare the

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

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

of sound mind and memory and not under any restraint and

that we signed the same as witnesses at his request and

in his presence and in the presence of each other

Daniel Shafer

Ezekiel Hardin

Sworn to and subscribed before me this 21st day of October

A.D. 1861

I. Ranney Pro. Judge

Last Will and testament of James McFalls decd

Proceedings had before Hon. I. Ranney Probate Judge within and

for the county of Delaware and State of Ohio at his office in the

town of Delaware on the 13th day of November AD. 1861

This day the last will and testament of James McFall late of

Delaware County and State of Ohio was produced in open Court and

duly proven by the testimony of John Shaver & George A. Peck the

subscribing withnesses thereto (as reduced to writing and filed with said will)

admitted to Probate & ordered to be recorded as follows;

Copy of Will

In the name of the Benevolent Father of all I James McFall of the

County of Delaware do make and publish this my last will and tes

tament

Item 1st I give and devise to my beloved wife Polly all my real estate

and Personal propery to have and to hold the same forever. She

however to sell so much of my personal property to pay

my funeral expenses.

Item 2nd I will and bequeath one Dollar to each and every one

of my lawful heirs to be paid out of my personal property

at the expiration of one year from my Decease. I hereby

revoke all former wills by me made in testimony here of &

have set my hand and seal this 20th day of Nov. in the

year of our Lord 1859

his

James X McFall [Seal]

mark
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 109)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 109)

Description

[page 109]

[corresponds to labeled page 79 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James McFalls dec

Signed and acknowledged by James McFalls as

his last will and testament in presence and signed

by us in his presence

John Shaver

Geo. A. Peck

The State of Ohio Del. Co Ss

Mr. John Shaver & Geo. A. Peck being duly sworn in open

Court this 18th day of Novemeber A.D. 1861 depose and say

that we were present at the execution of the last

will and testament of James McFalls hereto annexed;

that we saw the said testator subscribe said will and

heard him publish and declare the same to be his last

will and testament and that this said testator at

the time of executing the same was of full age and

of sound mind and memory and not under any res-

traint; and that we signed the same as witnesses at his

request and in his presence and in the presence of

each other

John Shaver

Geo. A. Peck

Sworn to and subscribed before me this 13th day of Nov.

A.D. 1861

I. Ranney P.J.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 110)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 110)

Description

[page 110]

[corresponds to labeled page 80 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Gray dec'd

Proceedings had before Hon. I. Ranney Probate Judge within and

for the county of Delaware and State of Ohio at his office in

the town of Delaware on the 19th day of November 1861.

This day the last will and testament of James Gray late of

Delaware County and State of Ohio was produced in open Court

and duly proven by the testimony of S.P. Lott William Flor &

Robert Gray the subscribing witnesses thereto (as reduced to writing and

filed with said will) admitted to Probate and ordered to be re

corded as follows;

Copy of Will

In the name of God Amen. I James Gray of the State of

Ohio and Delaware County being in poor bodily health but of

sound and & disposing mind and memory calling to

mind the frailty and uncertainty of human life and

being desirous of settling my worldly affairs and directing how

that estate which it has pleased God to bless me shall be

disposed of after my decease. While I have strength and ca

pacity to do so do make and publish this my last will and

testament hereby revoking and making void all other last wills

and testaments by me have afore made.

And first I command my immmortal being to Him who

gave it and my body to the earth to be buried with little

expense or ostentation, by my executor hereafter named my will is

that all my just debts and funeral charges shall by ex-

-ecutor hereinafter named be paid out of my estate as is

after my decease as shall by him be found convenient

I give, devise, and bequeath to my beloved wife Eleanor Gray

all my personal property to dispose of as she pleases except

twelve hundred dollars in the hand of F.B. Wilcox the

Interest of which shall be applied by my executor to the

support of my beloved wife during her natural life at which

time the twelve hundred dollars shall be equally divided among

my heirs at 8am.

Lastly I do nominate and appoint my son James H.

Gray to be the executor of this my last will and testament

In testimony whereof I the said James Gray have here

in inscribed my name and affixed my seal this sixth

day of February in the year of our Lord one thousand eight

hundred and sixty one

Attests James Gray [Seal]

William Flor

S.P. Lott

Robert Gray

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 111)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 111)

Description

[page 111]

[corresponds to labeled page 81 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of James Gray dcd

We S.P. Lott, William Flor, Robert Gray being

duly sworn in open Court this 19th day of Nov. A.D.

1861 depose and say that we were present at the execut-

tion of the last will and testament of James Gray

hereto annexed: that we saw the said testator sub-

scribe said will and heard him publish and declare

the same to be his last will and testament and that

the said testator at the time of executing the same

was of full age and of sound mind and memory and

not under any restraint and that we signed the same

as witnesses at his request and in his presence and in the

presence of each other

S.P. Lott

William Flor

Robert Gray

Sworn to and subscribed before me this 19th day of

Nov A.D. 1861

I. Ranney Pro. Judge

Last Will & Testament of Evan Humphreys decd

Proceedings had before Hon. I. Ranney Probate Judge

within & for the county of Delaware and State of

Ohio at his office in the town of Delaware on the 24th day

of January A.D. 1862

This day the last will and testament of Evan Humphreys

late of Delaware County and State of Ohio was produced in

open court and duly proven by the testimony of

J. B. Jones and Gwen Jones the subscribing witnesses

thereto (as reduced to writing and filed with said will)

admitted to Probate and ordered to be recorded as

follows:

Copy of Will

In the name of the benevolent Father of all

I, Evan Humphreys of Radnor Township Delaware County

Ohio do make and publish this my last will and

testament

Item 1st I give and devise to my son John Humphreys and

his heirs the farm on which we now reside situate in

the township of Radnor Delaware County Ohio containing

about one hundred and twenty one acres and all the

stock, household goods, furniture, provisions and other goods

and chattles which may be then on at the time of my

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 112)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 112)

Description

[page 112]

[corresponds to labeled page 82 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Evan Humphreys decd

decease he however selling so much them of as may be

sufficient to pay my just debts

Item 2nd I devise and bequeath to my daughter Mary five dollars

Item 3d I devise and bequeath to my son William Five dollars

Item 4th I devise and bequeath to my son Evan five dollars

Item 5th I devise and bequeath to my son David five dollars

Item 6th I devise and bequeath to my daughter Margart

one hundred dollars

Item 7th I do hereby nominate and appoint my son John

Executor of this my last will and Testament hereby

authorizing and empowering him to compromise adjust

release and discharge in such manner as he may

deem proper the debts due now I do also authorize

empower him if it should become necessary in order

to pay my debts to sell by private sale or in such

manner upon each terms of credit or otherwise as he

may think proper all or any part of my real

estate and deeds to purchase to execute ackowl-

-ledge and deliver in fee simple.

I do hereby make all former wills by me made

In testimony hereof I have hereunto set my hand

and seal this 25th day of March A.D. 1859.

Signed and acknowledged )

by said Evan Humphreys ) Evan Humphreys {seal}

as his last will )

and testament in our presence )

and signed by us in his )

presence )

J.B. Jones )

Gwen Jones )

The State of Ohio Delaware

M. John B. Jones and Gwen Jones being duly sworn

in open Court this 24th day of January A.D. 1862 depose

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

will and testament of Evan Humphreys hereto annexed

that we saw the said testator subscribe said will and heard

him publish and declare the same to his last will &

testament and that the said testator at the time of

executing the same was of full age and of sound mind

and memory and not under any restraint and that

we signed the same as witnesses at his request and

in his presence and in the presence of each other

J.B. Jones

Gwen Jones

Sworn to and subscribed before me this 24th day of Jan.

A.D. 1862 I. Ranney P.J.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 113)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 113)

Description

[page 113]

[corresponds to labeled page 83 of Will Records Vol. 4 - 1859-1869]


Last Will and Testament of Joseph Patrick


Proceedings had before Hon. I. Ranney Probate Judge

within & for the County of Delaware & State of

Ohio at his office in the town of Delaware on the

28th day of April A.D. 1862.


This day the last Will & Testament of Joseph

Patrick late of Delaware County and State of Ohio

was produced in open Court and duly sworn by

the testimony of Christopher C. Bricker and Samuel

L. Bryant the subscribing witnesses thereto (as reduced

to writing & filed within said will) admitted to Probate

and ordered to be recorded as follows:


Copy of Will

I, Joseph Patrick of Delaware County, Ohio, do make

my last will & testament in manner and form

following viz: I give to my wife Sarah one note I

hold against Roswell F. Fowler also one note

I hold against N. Hammill and also my Buggy

and harness with all the money I shall have

on hand at the time of my death not exceed-

ing one hundred dollars. I give the farm whereon

I now live to my daughter Zeruah in her own

right reserving the use thereof to my wife Sarah

during her life time - I give to my grand daughter

Sarah. Jane. Domegan one note I hold against John

Domigan for almost one hundred and twenty-five

dollars also one hundred dollars in cash to

be paid in one year after my death. I give unto

Eugene Rooney one hundred dollars to Luellen Rooney

fifty dollars to be held by Oliver Stark as trustee to be

paid to them with interest from my death when they

become of age. I give to my son Porter my gold watch

and to Joseph Patrick and Joseph Stark twenty dollars

each. The balance of money to be collected and expenses

paid all up and what monies to be divided equal

between Eliza Stark - Julia Benton my sons Charles & Porter

my daughters Amelia Landon and Leonora Willcox has

their full share of my estate. And I hereby appoint Oliver

Stark to be the Executor of this my last will & testament

and I hereby give to him fifty dollars and no more

for Executing the same in witness thereof I have

hereunto set my hand and seal this 1st day of

April 1862

Samuel L. Bryant Joseph Patrick {seal}

Christopher C. Bricker
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 114)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 114)

Description

[page 114]

[corresponds to labeled page 84 of Will Records Vol. 4 - 1859-1869]


Last Will & Testament of Joseph Patrick decd.


Codicil - I hereby empower Oliver Stark to complete the

contract with Peter Rosecrans and make to him a

good and sufficient deed for the farm he purchased of

me and holds by Article of Agreement upon said

Peter Rosecrans complying with the terms of said

Article in witness thereof I have hereunto set my hand

and seal this 1st day of April 1862

Samuel L. Bryant Joseph Patrick {seal}

Christopher C. Bricker


We, Christopher C. Bricker and Samuel L. Bryant

being duly sworn in open Court this 28th day of April

A.D. 1862 depose and say that we were severally present

when Joseph Patrick acknowledged to either of us the execution

of the last will & testament of his hereto annexed that

we heard him publish and declare the same to be his

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

of acknowledging the execution of the same was of full age and

of sound mind & memory and not under any restraint and

that we signed the same as witnesses at his request and in

his presence

Christopher C. Bricker

Samuel L. Bryant

Sworn to and subscribed before me this 28th day of April

A.D. 1862

I. Ranney Pro. Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 115)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 115)

Description

[page 115]

[corresponds to labeled page 85 of Will Records Vol. 4 - 1859-1869]


Last Will etc. of John N. Cox decd


Proceedings had before Hon. I. Ranney Probate Judge

within & for the County Delaware and State of Ohio

at his office in the town of Delaware on the 22d day

of May 1862.


This day the Last Will & Testament of John N. Cox late

of Delaware County & State of Ohio was produced in open

Court and duly proven by the testimony of Elias

George & Silas Haman the subscribing witnesses thereto

(as reduced to writing & filed with said will) admitted

to Probate and ordered to be recorded as follows:

Copy of Will.

In the name of the Benevolent Father of all, I, John

N. Cox of Delaware County & State of Ohio do make &

publish this my last will & testament

Item 1st - I give the farm on which I live to

Elisha Cox my son with all appurtenances to it

belonging. This would include the farm and building

only.

After paying all my honest & just debts

Item 2d - I bequeath to my beloved wife and to my

son Cary Cox my son after her decease all the mortgages

against Henry Lamb and all my railroad Stock

Item 3d - I give and bequeath to the foreign

Missionary society of the Baptist Denomination two

hundred dollars this to be paid in four installments

Item 4th - I give and bequeath to Rebecca Cox

the land I bought of Elias George

Item 5th - I give and bequeath unto Joseph C.

Cox my son twelve hundred dollars this will be

included in the house & lot he bought of me in

the town of Delaware and I bind my exceutor to

make the said Joseph C. Cox a general warrantee deed

on the above named property when twelve hundred dollars

is paid by said Joseph C. Cox

Item 6th - I give and bequeath unto Thomas Cox

my son the four hundred dollars the notes I hold

against him to the amount of four hundred

dollars he is not to pay except the interest on said

notes for two years at six percent

Item 7th - I give and bequeath unto Henry Cox my

son thirty acres of land which I bought of Terai Lee

Item 8th - I give and bequeath my share of the

Battleflat farm in England to all my heirs jointly

Item 9th - I further give and bequeath unto my

beloved wife the house & lot in the town of Delhi

while she lives and after her death to be divided

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 116)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 116)

Description

[page 116]

[corresponds to labeled page 86 of Will Records Vol. 4 - 1859-1869]


Last Will etc. of John N. Cox decd.

equally between all my heirs

Item 10th - I further give & bequeath to my son Elisha Cox all

the stock and farming utensils in the farm on which I

live

I appoint James Cox and Elisha Cox my Executors

Signed and acknowledged as )

his last will in our presence ) John N. Cox {seal}

Silas Harman )

Elias George )


The State of Ohio, Del. Co. Ss

M. Elias George & Silas Harman being duly sworn in open

Court this 22d day of May A.D. 1862 depose & say that

we were present at the execution of the last will & testament

of John N. Cox hereto annexed: that we saw the said testator

subscribe said will and heard him publish and declare

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

said testator at this time of executing the same was of

full age and of sound mind and memory and not

under any restraint and that we signed the same as

witnesses at his request and in his presence and in the

presence of each other

Elias George

Silas Harman

Sworn to and subscribed before me this 22d day of May

A.D. 1862.

I. Ranney Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 117)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 117)

Description

[page 117]

[corresponds to labeled page 87 of Will Records Vol. 4 - 1859-1869]


Last Will & testament of Vinsen Sherman decd


Proceedings had before Hon. I. Ranney Probate Judge

within & for this county of Delaware and State of Ohio

at his office in the town of Delaware on the 26th day

of May A.D. 1862.

This day the last will & testament of Vinsen Sherman

late of Delaware County & State of Ohio was produced

in open Court and duly proven by the testimony of

John Guy & L.S. Felkner the subscribing witnesses thereto

(as reduced to writing and filed with said will) admit-

ted to probate and ordered to be recorded as follows:

Copy of Will.

In the name of the Benevolent Father of all

I Finsen Sherman of the County of Delaware and

State of Ohio do make and Publish this my last

will & testament

Item 1st - I give & devise to my beloved wife the

entire control of all my real and personal property

so long as she remain my widow

Iten 2d - When my wife is done with the control of said

real & personal property either by death or marriage

then I want my son Vinsen N. Sherman to have

the one half of my real estate then and at the

same time the other remaining one half of my real

estate to be divided equally between my two sons

Jesse S. Sherman & Perry J. Sherman.

Item 3d - The Horse, Saddle & Bridle and Cow

that my son Vinsen N. Sherman now owns to be

and remain his

Item 4th - At the death or marriage of my

wife the personal property that there is under her

control I want divided between my Daughters equally

that may then be living or their heirs in

testimony whereof I have hereunto set my hand

and seal this 25th day of February 1863.


Signed and acknowledged ) Vinson Sherman {seal}

by said Vinson Sherman )

as his last will & testament )

in our presence and signed )

by us in his presence )


L.S. Felkner )

John Grey )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 118)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 118)

Description

[page 118]

[corresponds to labeled page 88 of Will Records Vol. 4 - 1859-1869]


Last Will &c of Vinsen Sherman Decd -

The State of Ohio Del. Co Ss

M. John Grey and L.S. Felkner being duly sworn in open

Court this 26th day of May A.D. 1862 depose and say

that we were present at the execution of the last will

and testament of Vinsen Sherman hereto annexed;

that we saw the said testator subscribe said will and

heard him publish and declare the same to be his

last will and testament and that the said testator

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

of sound mind and memory and not under any

restraint and that we signed the same as witnesses

at his request and in his presence and in the

presence of each other.

John Grey

L.S. Felkner

Sworn to & subscribed before me this 26th day of May

A.D. 1862

I. Ranney Pro. Judge


Last Will etc of Joseph G. Brown decd --

Proceedings had before Hon. I. Ranney Probate Judge within

& for the county of Delaware & State of Ohio, at his office in

the town of Delaware on the 5th day of March A.D. 1862


This day the last will & testament of Joseph G. Brown

late of Delaware County & State of Ohio was produced in

open Court and duly proven by the testimony of Abraham

Lloyd & George Wolfley the subscribing witnesses thereto (as

reduced to writing and filed with said will) admitted

to Probate and ordered to be recorded as follows:

Copy of Will

I, Joseph G. Brown of Radnor township Delaware County, Ohio

do make and publish this my last will & testament

in manner and form following that is to say First it is

my will that my funeral expenses and all my just debts

be fully paid.

Second - I give, devise, and bequeath to my beloved wife

Ann Brown all my property Personal & real to do as

she pleases with and to sell the same if she wishes

for her maintenance during her life time and after her

death if there be any property of any kind left after

paying her debts it shall be equally divided between

my two Great Grandchildren Frank and Annie Cox

that is the children of Elisha Cox by my Grand
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 119)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 119)

Description

[page 119]

[corresponds to labeled page 89 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Joseph G. Brown decd

Daughter Julia A. Cox

And Lastly I hereby constitute and appoint Philip

A. Brown to be the executor for this my Last will

and testament revoking and annulling all former

wills by me made and ratifying and confirming

this and no other to be my last will and

Testament, that said P.H. Brown shall take

care of her and provide for her while she lives and

also to han the management of her property

In testimony whereof I have hereunto set my hand

and seal the 27th day of December A.D. 1861

Signed, published & ) his

declared by the above ) Joseph G x Brown

named Joseph C. ) mark

Brown as and for his )

Last will & testament )

in presence of us who at)

his request has signed )

as withness to the same )

A. Lloyd )

George Wolfley )

The State of Ohio Del Co.Ss

We Abraham Lloyd being duly sworn in open Court

this 5th Day of March 1862 depose and say that we were

present at the execution of the last will & testament

of Joseph G. Brown hereto annexed; that we saw the

said testator subscribe said will and heard him publish

and declare that same to be his last will and testament

and that the said testator at the time of executing

the same was of full age and of sound mind &

memory and not under any restraint and that we

signed the same as witnesses at his request and in

his presence and in the presence of each other

Sworn to and subscribed before ) Abraham Lloyd

me this 5th day of March 1862 )

I. Ranney P.J. The State of Ohio Del Co Ss

I, George Wolfley being duly sworn in open Court this 5th

day of June 1862 depose & say that I was present at the exe-

cution of the paper purporting to be the last will and testament of

Joseph G. Brown hereto annexed that I saw the said testator subscribe said

writing and that the said testator at the time of executing the same

was of full age and of sound mind & memory & not under any

restraint and that I signed the same as witness in his presence

and both witnesses signed in the presence of each other & I am well sat-

isfied the testator signed the same understandingly as his last

will and desired me to witness the same George Wolfley

Sworn to & subscribed before me this 5th day of June 1862 I. Ranney P.J.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 120)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 120)

Description

[page 120]

[corresponds to labeled page 90 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Asher A Davis decd

Proceedings had before Hon. I. Ranney Probate Judge

within & for the county of Delaware & State of Ohio at his

office in the town of Delaware on the 5th day of July

A.D. 1862

This day the last Will & testament of Asher A. Davis

late of Delaware County & State of Ohio was produced in

open court and duly proven by the testimony of Thomas

K. Willcox and J.M. Stark the subscribing witnesses there to (as

reduced to writing & filed with said will) admitted to

Probate and ordered to be recorded as follows:

Copy of Will

I, Asher A. Davis believing it is the will of God that

I should soon depart this life do leave this as my last

will & testament

First - I will to my two oldest daughters Sarah & Ellen

the books about three hundred volumes which I have

already placed in their possession.

Second - I will the balance of my library about three

hundred volumes to my four little ones the children

of my present wife

Third - After paying my debts and funeral expenses I

will to my wife Adeline all of my other personal property

except my gold spectacles these I will to Sarah

Fourth - I will to my wife my home & lot No. 25 in

Sunbury. And it is my earnest desire that if she should

sell the property she should use the avails to purchase

land and that the deed of such land should be

given to her children I trust she will see the propriety

of this request

Fifth - I wish my body to be buried on the north

side of the Sunbury Graveyard as near as convenient

to some of the large trees that are on that side

with a plain forestim slab of sufficient dimensions

to cover the grave to be placed over it with out any

inscription or other monument except some should be for

a shade and a lodge for the birds

Sixth - It is my earnest desire that my daughter Sarah

should exercise a joint Guardianship with their mother

over her four children during their minority I believe

this will to be for the interest of my wife & her children

Finally I will my soul to God in whom I trust

In presence of Asher A. Davis

Thomas K. Willcox

J.M. Stark

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 121)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 121)

Description

[page 121]

[corresponds to labeled page 91 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Asher A. Davis decd

The State of Ohio Del. Co. Ss.

We Thomas K. Willcox and J.M. Stark being duly sworn

in open court this 5th day of July A.D. 1862 depose

and say that we were present at the execution of this

last will and testament of Asher A. Davis hereto

annexed that we saw said testator subscribe said

will and heard him publish and declare the same

to be his last will & testament and that the said

testator at the time of executing the same was of

full age and of sound mind and memory and not

under any restraint and that we signed the same

as witnesses at his request and in his presence

and in the presence of each other.

Thomas K. Willcox

Sworn to and subscribed ) J.M. Stark

before me this 5th day of )

July A.D. 1862 )

I. Ranney Pro. Judge


Last Will etc of Prudence Blinn decd

Proceedings held before Hon. R Ranney Probate Judge

within & for the County of Delaware & State of Ohio

at his office in the town of Delaware on the 19th day

of July A.D. 1862

This day the Last will & testament of Prudence

Blinn late of Delaware County and State of Ohio

was produced in open Court and duly proven by the

testimony of L. Tibbals & Wm J. Tibbals the subscribing

witnesses thereto (as reduced to writing and filed with

said will) admitted to Probate and ordered to be recorded

as follows

The State of Ohio

To John Cassaday & Reuben Mickel

of the County of Pomeshick State of Iowa

Greeting:

Know ye that we in confidence of your prudence &

fidelity have appointed you and by these presents do

give you or either of you full power and authority

to examine and take the deposition of Lincoln

Tibbals one of the subscribing witnesses to the will

of Mrs Prudence Blinn hereto annexed late of

Delaware County Ohio deceased. And therefore we

command you or either of you that at a certain

time and place to be appointed by you or either

of you you cause the said Lincoln Tibbals to
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 122)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 122)

Description

[page 122]

[corresponds to labeled page 92 of Will Records Vol. 4 - 1859-1869]

92. Last Will etc of Prudence Blinn decd

be brought before you or either of you and then and

there examine him on his corporal oath or affirmations

First taken before you or either of you touching the due

execution of the said will of the said prudence Blinn

and that you reduce to writing such examination

and return the same together with the will and

the said will of the said Prudence Blinn thereto

annexed closed up under your seals or the

seal of either of you unto our Court of Probate

with all convenient speed

Witness the seal of said Court & my

signature as Judge thereof at Delaware Ohio this

12th day of June A.D. 1862

I. Ranney Pro. Judge

Deposition of a witness produced and sworn on this 28th

day of June A.D. 1862 at the office of Reuben Mickel

in the town of Montezuma In the county of Pomeshick &

State of Iowa under & by witness of a commission issued

from the Probate Court of Delaware County, State of

Ohio and to us directed for the Examination of Lincoln

Tibbals as a witness in a certain matter pending in

said Probate Court touching the Probate and due

Execution of the Will of Prudence Blinn attached is

said Commission

The state of Iowa )

Pomeshick County SS )

I, Lincoln Tibbals of the County

of Pomeshick in the State of Iowa being sworn by

& before John Cassaday and Reuben Mickel

Commissioners duly appointed by the Probate Court

of Delaware County Ohio as aforesaid This 15th day

of June A.D. 1862 do depose and say that I was present at

the Execution of the last Will & Testament of Prudence

Blinn which said Will is attached to the commission

of the Probate Court of Delaware County Ohio in the

matter which commission and will is attached to the

paper upon which this deposition is written and upon

the book of which will the following words are indexed

"Filed June 11th 1862" & signed "I. Ranny Pro. J."

That I saw the said testatrix Prudence Blinn subscribe

said Will and heard her publish and declare the same to

be her last will & testament and that the said testatrix

Prudence Blinn at the time of executing the same was

of full age and of sound mind & memory and not under

any restraint And that I signed the same as witness

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 123)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 123)

Description

[page 123]

[corresponds to labeled page 93 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Prudence Blinn decd. 93

at her request and in her presence and in the

presence of William J. Tibbals whose name is also

subscribed to said Will as Witness

And I do further depose and say that the said

William J. Tibbals whose name is subscribed as

witness to said will signed the same as witness

and in her presence and in my presence

That said Wm J. Tibbals was my father that

I am well acquainted with his handwriting

and his signature and that his signature to

said will is genuine And that he is now

deceased having departed this life about the 29th

day of June A.D. 1859

The State of Iowa ) Lincoln Tibbals

Pomeshick County S. )

We John Cassaday & Reuben

Mickel Commissionare duly appoint by the Probate

Court of Delaware County State of Ohio are here in

before stated under and by virtue of the Commission

of said court which Commission is hereto attached

do hereby certify that the above named Lincoln Tibbals

was produced before us this day (which day was by

us previously appointed for that purpose) and was

by said Reuben Mickel first duly sworn to testify

the truth the whole truth and nothing but

the truth in his Examination of the Will of Prudence

Blinn which is attached to the said Commission

That the foregoing depositions by him subscribed was

reduced to writing by said Reuben Mickel one of

said Commissioners and by said witness subscribed

in our presence and taken at the time and

place and in the manner herein before mentioned

In testimony whereof we have hereunto set our hands

and Seals as Commissioners as aforesaid this 25th day

of June A.D. 1862

John Cassaday [Seal]

Reuben Mickel [Seal]

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 124)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 124)

Description

[page 124]

[corresponds to labeled page 94 of Will Records Vol. 4 - 1859-1869]


94 Last Will etc of Prudence Blinn decd

Probate Court Delaware Co. O.

Samuel W. Tibbals being duly sworn in open Court

says he is a son of Wm. J. Tibbals decd whose name

appears as subscribing witness to the foregoing will of

Prudence Blinn that he was well acquainted with

the handwriting of said Wm. J. Tibbals & has

frequently seen him write his name & that the

signature of said Wm. J. as subscribing witness to

said will is genuine & that said Wm. J. Tibbals

died in 1859

Samuel W. Tibbals

Sworn to & subscribed before me July 17th 1862

Copy of Will

Delaware Nov 11th 1857

By this last will & testament of mine I hereby bequeath

all the money and property to me belonging to Emily

Wm. Sophia Hony Pamela Tibbits and Sarah H

Davis to be equally divided between them And I hereby

appoint Wm Davis my administrator

Prudence Blinn

Signed in the presence of L. Tibbals, Witness

Mrs Prudence Blinn

and at her request by

Wm. J Tibbals, witness

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 125)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 125)

Description

[page 125]

[corresponds to labeled page 95 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Isaac Harrison decd 95

Proceedings held before Hon. I. Ranney Probate

Judge within and for the County of Delaware

and State of Ohio at his offices in the

town of Delaware on the 21st day of August

A.D.1862

The Commissioner hereafter issued with the

will of said Harrison attached to take the

deposition of John Wilson one of the subscr-

-bing witnesses to said Will was this day

produced in open court & filed & it appearing

to the satisfaction of the court as well by

the said deposition of the said John Wilson

as also by the testimony of John W.

Thomson the other subscribing witness to

said will taken in open court reduced to

writing and filed with said will bring by

said witness first signed that said testator

at the time of executing said will as of full

age, of sound mind and memory & not under

any restraint & that said will was duly

attested & executed it is ordered that said will

and testimony be recorded

Copy of Will

In the name of God Amen

I Isaac Harrison of the township

of Berlin Del. Co . Ohio Being of sound

mind & memory and sensible of the uncert-

tainties of life do make and publish this my

last will & testament - To wit:

First - I give devise and bequeath to my

dear wife Comfort all the household

property and one horse and buggy &

harness. And all the horned cattle and hogs

& one half of the sheep that are left on the

place more or less except each things as

shall be hereafter named & directed other

Second - I give devise and bequeath to my

Grand-daughter Roxanne Harris two

hundred (200) dollars to be paid to her when

she arrives at Eighteen years of age - If

she should die before she arrives at the age

of eighteen years I then want it to be

divided among my children equally

and further I wish my Executors to pay my

Granddaughter Roxanne Harris the balance
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 126)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 126)

Description

[page 126]

[corresponds to labeled page 96 of Will Records Vol. 4 - 1859-1869]


96 Last Will etc of Isaac Harrison decd

of the two hundred dollars from the time of my death

annually until she shall receive the principal

Third - I give and bequeath to my Grand-daughters

Margaret Jane McDaniel one dollar to be paid

immediately after my decease in Money

Fourth - I give and bequeath unto my Grand-

daughter Rachel Jane Besi (197) one hundred

ninety seven dollars with interest from the 1st

January 1852. To be paid out of James Harris

dividend It being the amount of money

has received as Guardian of the aforesaid

Rachel for which has not accounted

Fifth - I give devise and bequeath unto my wife

Comfort all the hay & grain on the place at

the time of my decease

Sixth - After all my honest debts & expenses

are paid from my monies & credits and respectable

Tomb items are placed on the grave of my wife

Hester and my own. I then give devise & bequeath

unto my four children - viz John Harrison Wm

Harrison Lucinda Harris and James Harrison

all the balances of my property both real

and personal to be equally divided among them with

the exception of my Bed and Bedding Dinner

Table and Farm Wagon which I wish William

Harrison to have & therefore give them to him

Lastly I hereby nominate & appoint Charles Stein

-beck and William C. Harrison of Delaware Co.

Ohio Executors of this my last will & testament

In witness whereof I have hereunto set my hand

and seal this fourth day of March in the year

of our Lord one thousand Eight-hundred & fifty

six

Signed Sealed Published & ) Isaac Harrison [Seal]

acknowledged by the said )

Isaac Harrison to be his )

last will & testament In )

our presence and signed by )

me in his presence )

John W. Thompson )

John Wilson )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 127)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 127)

Description

[page 127]

[corresponds to labeled page 97 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Isaac Harrison decd 97

I John W. Thomson being duly sworn in open court

this 1st day of August A.D. 1862 depose and

say that I was present at the execution of the

last will & testament of Isaac Harrison hereto

annexed that I saw the said testator subscribe

said will and heard him publish and declare

the same to be his last will and testament

and that the said testator at the time of

executing the same was of full age and of

sound mind and memory and not under

any restraint and that I signed the same

as witness at his request and in his pres-

-ence and in the presence of John Wilson

the other subscribing witness who signed the

same in my presence & at the request &

in the presence of said testator

John W. Thompson

Sworn to and subscribed before me this 1st

day of August A.D. 1862

I. Ranney Pro. Judge

The State of Ohio

To John J. Monell Esq Greeting

Know ye that we in confidence of your pru

dence and fidelity have appointed you & by

these presents do give you full power and

authority to examine and take the deposition

of John Wilson one of the subscribing witnesses

to the will of Isaac Harrison hereunto annexed

late of Berlin Tp Delaware County Ohio

And therefore we command you shall at

certain days and places to be appointed by

you, you cause the said John Wilson to be

brought before you and then and there examine

him on his Corporal oath or affirmation first

taken before you touching the due execution

of the said will of the said Isaac Harrison

& that you reduce such examination to

writing and return the same together with

this will & the said will of the said Isaac

Harrison thereto annexed closed up under

your seal into our Court of Probate at Del.

Del. Co. Ohio with all convenient speed

Witness I. Ranney Judge and

the seal of said Court at

Delaware O. Ohio 1st day of

Aug. 1862 I. Ranney

Pro. Judge of Del. Co.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 128)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 128)

Description

[page 128]

[corresponds to labeled page 98 of Will Records Vol. 4 - 1859-1869]


98 Last Will etc of Isaac Harrison decd

State of New York

Orange County S.S. - John Wilson of Newburg

in said County of Orange being duly sworn before

me this 18th day of August - 1861 doth depose &

say that he was present at this execution of the

last will & testament of Isaac Harrison hereto

annexed that he saw the said testator subscribe said

will and heard him publish and declare the

same to be his last will and testament and

that the said testator at the time of executing

the same was of full age and sound mind &

memory and not under any restraint and that

he this deponent signed the same as witness at his

request and in his presence and in the presence

of John W. Thomson the other subscribing witness

who signed the same in the presence of this de

ponent at the request and in the presence of said

testator

Sworn to and subscribed before me this 18th day

of August 1862

John J. Monell

Judge of Orange County

State of New York

State of New York

Orange County S.S.

In pursuance and by witness of the

annexed commission issued out of the Probate Court

in and for the County of Delaware State of Ohio

directed to me by which full power and authority

are given to me to examine and take the deposition

of John Wilson one of the subscribing witnesses to the

last will of Isaac Harrison late of Berlin Township

Delware Co. Ohio. hereto annexed. I John J. Monell

County Judge of Orange County in the State of New

York Do hereby certify that I did on the 18th day of August

1862 cause the said John Wilson to be brought before

me at my office in the village of Newburgh in

said County of Orange State of New York and

did then & there examine him in his oath first

taken before we touching the due execution of the same

will of the said Isaac Harrisions that I also caused

that said examination to be reduced to writing and

that the same is hearto annexed signed by him

and sworn to before me

In witness whereof I have hereunto set my hand

and caused that seal of said Court to be applied

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 129)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 129)

Description

[page 129]

[corresponds to labeled page 99 of Will Records Vol. 4 - 1859-1869]


Last Will etc of Isaac Harrison decd 99

by the Clerk of the County of

Orange this 18th day of Aug.

A.D.1862

John Monell

County Judge of Orange Co.

State of New York

State of New York }

Orange Co. Clerks office } Ss.



I D.C. Winfield Clerk of

Orange County and also Clerk of the county

Court of said County and one of the clerks

of the Supreme Court of said state (courts of

Record) do hereby certify that John J. Monell

whose name is subscribed to the certificate of

the proof of acknowledgement of the annexed

instrument and thence written was at the

time of taking such certificate of proof or

acknowledgement- County Judge in & for said

County dwelling in said County commissioned

and know and duly authorize to take this

same and further that I am well acquainted

with the hand writing of it the said John

J. Monell and mainly believes that the signatures

to the said, certificate of proof or acknowledge -

-ment is genuine and that the annexed in-

-strument is executed and acknowledged in

comformity to the laws of each said state

In testimony whereof I have

hereunto subscribed my name and af-

fixed the seal of the said courts and

county at Goshen this 18th day of August

1862

Interlineation & Erasures Minde

before signing

D.C.Winfield - clerk
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 130)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 130)

Description

[page 130]

[corresponds to labeled page 100 of Will Records Vol. 4 - 1859-1869]


100 Last Will etc of Elizabeth McCoy decd

Proceedings held before Hon. I. Ranney Probate Judge

within & for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 27th day of

Sept. A.D. 1862

This day the last will & Testament of Elizabeth McCoy

decd late of Delaware co. & state of Ohio was produced in

open courth and duly proven by the testimony of him

Tomy & Martha Tomy the subscribing witnesses thenunto

(as reduced to writing & filed with said will) admitted to

Probate & ordered to be recorded as follows"

Copy of Will

In the name of the Benevolent Father of All.

I Elizabeth McCoy of the town of Delaware

in the state of Ohio do make & publish this my last

will & testament

I give & devise to my son James McCoy the

two thirds of about two & one third acres of land being

a part of out lot No.16 in the incorporated town of

Delaware (and in the south part known as South

Delaware) And bounded and described as Fourth

- North by Lorenzo Farmers Lot East by the land

of Reuben Lamb decd - South by Charles Heller

Bran & on the West by landmarker thirty

I give and devise to my daughter Elisabeth D.

McCoy the remaining third of the lot afore-

said to be divided in such a manner so as

to give to the said James the two thirds of the

farm & to the said Elizabeth the remining third

of the farm - But if the said Elizabeth should

decease without issue her said third is to send

Thos. W. & William McCoy each a copy of

the holy Bible worth three dollars and also to

the heirs of my deceased daughter Ruth each

a copy of the Holy Bible worth two dollars - I

do hereby revoke all former wills that I have made

I do hereby nominate & appoint James

T. W. Mccoy Executor of this my last Will

& Testament I do authorize and empower them

to convey in fee simple the aforesaid lands

In Testimony whereof I have hereunto set my

hand and seal this 31st day of March in

the year A.D. 1855

Elizabeth McCoy [Seal]

Signed and acknowledged by said Elizabeth

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 131)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 131)

Description

[page 131]

[corresponds to labeled page 101 of Will Records Vol. 4 - 1859-1869]


McCoy as her last will and testament 101

in our presence - and signed by us in

his presence

Wm Tomy

Martha Tomy

The State of Ohio Del. Co. Ss

We Wm Tomy and Martha Tomy being

duly sworn in open court this 27th day of

Sept. A.D. 1862 depose and say that we were

present at the execution of the last will

and testament of Elizabeth McCoy hereto

annexed: that we saw the said testator sub-

scribe said will and heard her publish

and declare the same to be her last will

& testament and that the said testatrix

at the time of executing the same was of

full age and of sound mind and memory

and not under any restraint and that

we signed the same as witnesses at her

request and in her presence and in

the presence of each other

WM Tomy

Martha Tomy

Sworn to & subscribed before me this 27th

day of Sept. A.D. 1864

I. Ranney Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 132)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 132)

Description

[page 132]

[corresponds to labeled page 102 of Will Records Vol. 4 - 1859-1869]

102


Commencement of the Record by

Thomas W. Powell Probate Judge

November 3rd, 1862

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 133)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 133)

Description

[page 133]

[corresponds to labeled page 103 of Will Records Vol. 4 - 1859-1869]


Record of the will of Edward J.C. Selleck decd 103

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the eighth day of December

A.D. 1862

This day the last will and testament of Edward J.C. Selleck, late

of this county decd, was produced in open court, and was duly proven

by the testimony of Ezra Griswold and Mahala Griswold, the subscribing

witnesses thereto, (which was reduced to writing and filed with the same)

was admitted to probate and ordered to be recorded, which is

as follows:

Copy of the will

Know all men by there presents that I Edward J.C. Selleck of

Delaware Township and County, Ohio; do hereby, constitute and appoint

Edward Selleck of the same County and State, my attorney, for me and in my

name, to bargain sell and convey, in fee simple, by deed of general warrant for each

piece, upon such terms of credit, and to such person or persons, as he shall think fit,

the whole, or any part, of all the real estate owned by me, in Delaware Township and

County, Ohio. Hereby ratefing and confirming all such bargains, receipts for

in the premises, by my said attorney, the same as if I were personally present and

did the same.

I do also hereby authorize my said attorney for me and in my name, and

for my use, to collect, by suit or otherwise, and upon payment to him to receipt for

all debts or demands whatever due or owing to me.

Whatever my said attorney shall lawfully do in the premises. I do hereby

confirm the same as if I was personally present and did the same. And

where as I have enlisted in the military service of the United States of America

as a volunteer, for the term of three years, or during the present war should it happen

that by any act of Providence or other casualty, I should die during said term. I

hereby bequeath to my Father and attorney as above, all said property real, and

personal, together with all accruing dues for my service that may be due at

my decease.

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

seventh day September A.D. 1861

Signed and resealed in ) Edward J.C. Selleck [Seal]

presence of E. Griswold )

Mahala Griswold )

The State of Ohio Delaware County, Ss

Before me E Griwold a Notary Public, in and for said County personally

appeared the above named Edward J.C. Selleck and acknowledge the signing

and sealing of the above instrument to be his voluntary act and deed, this 27th

day of September A.D. 1861

[SS] E.Griswold, Notary Public

December 5th 1862

Last will of Edward J.C. Selleck decd

This day Edward Selleck produced the last will of his son Edward

J.C. Selleck decd for probate purporting to be a power of attorney to

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 134)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 134)

Description

[page 134]

[corresponds to labeled page 104 of Will Records Vol. 4 - 1859-1869]


104 The Will of Edward J.C. Selleck decd

his father and also his last will and bequest bearing date September

27th 1861 with Ezra Griswold and Mahala Griswold as witnesses to the

execution of the same. Thereupon Ezra Griswold was sworn and examined

in open Court, who testified to the due execution of the will which was

reduced to writing and filed. And it appearing that said Mahala

Griswold was a resident of Columbus, in Franklin Co. a commission was

issued to the Probate Judge of Franklin Co. to take her testimony and

report to this Court.

T.W. Powell Probate Judge

The State of Ohio Delaware County, Ss

We Ezra Griswold & Mahala Griswold being duly sworn in open court

this 5th day of December A.D. 1862 depose and say that we were present

at the execution of the last will and testament of Edward J.C. Selleck

hereto annexed purporting to be a power of attorney to Edward Selleck his

father and also his will that we saw the said testator subscribe said will

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

testament, and that the said testator at the time of executing the same was

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

and that signed the same as witnesses at his request and in his presence

and in the presence of each other, said will bearing date September 27th,

A.D. 1861

Ezra Griswold subscribed and swore to the above and was fully

examined in open court this 5th day of December A.D. 1862 by me

T.W. Powell Probate Judge

The State of Ohio )

Delaware County S.S. )

To the Probate Judge in and for the County

of Franklin, Ohio. Greeting...

The Probate Court in and for the County of Delaware placing special

confidence in your itegrity and abilities do hereby authorize and empower

you to take the deposition of Mahala Griswold one of the witnesses of

the will of Edward J.C. Selleck herewith sent you bearing date the 27th

day of Septemeber A.D. 1861 and witnessed by Ezra Griswold and the

execution of the said will to writing, and then seal up the same

together with the will and return the same properly directed to this

Court. In witness whereof I Thomas W. Powell Probate

Judge of said County of Delaware this 5th day of
[L.S.]
December A.D. 1862 have hereto affixed my signature

and the seal of the Probate Court.

T.W.Powell Probate Judge

The State of Ohio. Franklin County, Ss.

Probate Court December 6th A.D. 1862

Deposition of Mahala Griswold a subscribing witness to the will

of Edward J.C. Selleck hereto attached - in pursuance of the annexed

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 135)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 135)

Description

[page 135]

[corresponds to labeled page 105 of Will Records Vol. 4 - 1859-1869]


The Will of Edward J.C. Selleck decd 105

commission issued out of the Probate Court of Delaware County, Ohio.

Mrs. Mahala Griswold of lawful age of Franklin County, Ohio

being first by me duly sworn to speak the truth the whole truth and nothing

but the truth in reference to the execution of the said last will and

testament of Edward J.C. Selleck - deposes as follows.

I Mahala Griswold being duly sworn in open Court depose and say

that I was present at the execution of the last will and testament of

Edward J.C. Selleck decd hereto annexed - that I saw the said testator

subscribe said instrument of writing and heard him publish and declare

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

Edward J.C. Selleck at the time of executing the same was of full

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

and that I signed the same as a witness at his request and in his

presence and also in the presence of E. Griswold

Mahala Griswold

I hereby certify that the foregoing deposition of Mahala Griswold was

reduced to writing by me and subscribed by her in my presence at

the Probate Court House in the City of Columbus on the 6th day of

December A.D. 1862

In testimony whereof I have hereto set my hand

[L.S.] and affixed the seal of the Probate Court of

Franklin Co. at Columbus this 6th day of

December A.D. 1862

H.B. Albery

Probate Judge of

Franklin County Ohio

December 8th 1862

Will of Edward J.C. Selleck decd

This day the commission herein heretofore issued to the Probate Judge of

Franklin County Ohio was duly returned with the deposition of Mahala

Griswold the record witness to the said will, proving the due execution of

the said will by the said Edward J.C. Selleck. There upon it is considered

that the execution and publication of the said will as the last will and

testament of the said Edward J.C. Selleck decd is fully proved and

the same is ordered to be recorded as such.

December 8th 1862 T.W. Powell Probate Judge


Estate of Edward J.C. Selleck Decd

This day on motion of Edward Selleck it is ordered that letters of

administration on the estate of his son Edward J.C. Selleck decd with

the will annexed was issued, and it appearing that he is the residuary

legatee in the said will Bonds was accepted in the sum of $200 executed

by said Edward Selleck as principal and Benjamin W. Hartley and

Charlie Styer his sureties, conditioned that he pay all the debts and

leagacies of the said testator and he is there for excused and not requi

red to return an inventory of said estate

T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 136)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 136)

Description

[page 136]

[corresponds to mislabeled page 104 of Will Records Vol. 4 - 1859-1869]

104. The Will of James Cellar decd.

Proceedings had before Thomas W. Powell Judge of their

Probate Court in the county of Delaware and State of

Ohio, at his office in the town of Delaware 2d

day of May A.D. 1863.

This day the last will and testament of James Cellar late

of the said county of Delaware decd. was produced in open court

and was duly proved by the testimony of Thomas C. Gillies and

Maria Gillies, the Subscribing witnesses thereto, which was reduced to

writing and filed with the secured was admitted to probate and

ordered to be recorded, which is as follows, to wit:

Copy of the Will.

In the name of the Benevolent Father of All.

I, James Cellar of Delaware County, do make and publish this

my last will and testament.

Item 1st. After my lawful debts are paid and twenty dollars

to the American Bible Society, I give and devise to my beloved

wife the one third part of my estate.

Item 2d. I devise and bequeath to my son James D. Cellar

fifty dollars.

Item 3d I, devise and bequeath to my three daughters, Cornelia

J. Cellar, Sarah M Cellar and Elizabeth D.Cellar, all the remain-

ing part of my estate, to be equally divided between them, my

said three daughters.

Item 4th I do hereby nominate and appoint Thomas J. Cellar

and Soloman Harden executors of this my last will and testament;

hereby authorizing and empowering them to compromise, adjust,

release and discharge in such manner as they may deem proper,

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

them. if it shall become necessary in order to pay my debts, to sell

by private sale, or in such manner, upon such terms or credit,

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

estate, and deeds to purchasers to execute, acknowledge and deliver

in fee simple.

In testimony whereof I have hereunto set my hand and seal

this day of A.D. 1856

Signed and acknowledged by said James Cellar (signed) James Cellar

as his last will and testament in our presence

and signed by us in his presence.

T.C. Gillies

Maria Gillies.

Probate Court, May 2d 1863.

Will and Estate of James Cellar decd.

This day Thomas I. Cellar and Solomon Harden executors of their

last will and testament of James Cellar decd. appeared in Court

and asked for the Probate and admission to records of the will.

And Thomas C. Gillies and Maria Gillies having appeared in Court on

the twenty fifth day of April last passed, who were the witnesses to the

said will, who were duly sworn and testified to the due execution of
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 137)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 137)

Description

[page 137]

[corresponds to mislabeled page 105 of Will Records Vol. 4 - 1859-1869]

The Will of James Cellar decd. 105


the said Will, and whose testimony is reduced to writing and now

on file. The said Will is therefore declared duly proved and admitted

to record as such; and letters testamentary are granted to the said

Thomas J. Cellars and Solomon Harden as executors of the said

will and testament, said Executors having given bonds in $2000.

with Regus W. Gray and Nathan C. Harden their sureties, which are

accepted & filed; and thereupon they were duly sworn and letters issued

to them. Philaster C. Buel, Minor P. Tone and John P. Gray were

appointed appraisers of the said estate.

T.W. Powell Probate Judge.


The State of Ohio, Delaware County ss.

We Thomas C. Gillies and Maria Gillies being duly sworn in open

Court this 25th day of April A.D. 1863, depose and say that they were

present at the execution of the last will and testament of James Cellar

hereto accepted; that we saw the said testator subscribe said Will and heard

him publish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same was of full

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

that we signed the same as witnesses at his request and in his presence

and in the presence of each other.

(signed) T.C. Gillies.

Maria Gillies.

sworn to and published before me 25th day April A.D. 1863.

T.W. Powell Probate Judge



Will of Peter Darst decd.

Proceedings had before Thomas W. Powell judge of their

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the Town of Delaware on the 14th day

of May A.D. 1863.

This day the last will and testament of Peter Darst late

of Radnor in this county decd. was produced in open court

and was duly proved by the testimony of Elias George one of the witnesses

thereto, and the testimony of Joseph C. Cox, John N. Cox, the other witness

thereto being decd. which testimony was duly reduced to writing and

filed with the same, and it appearing that the said will was duly

attested and executed; and that the testator at the time of executing

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

and not under any restraint; and the said will was duly admitted to probate

and ordered to be recorded, which is as follows, to wit:

Copy of the Will.

In the name of God, Amen.

I, Peter Darst of the County of Delaware and State of Ohio,

who am feeble in body, but of a sound mind, do make and

publish my last will and testament in manner and form following-

1st. That all my just debts and funeral expenses by paid.

2d. I give and bequeath to my wife Sarah Darst the
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 138)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 138)

Description

[page 138]

[corresponds to page 106 of Will Records Vol. 4 - 1859-1869]


106 Will of Peter Darst decd May 14 1863

the farm on which we live, and all the appurtenances there

unto belonging, with all the household property and every thing

I possess, and any outstanding notes or debts, belonging to me

and she may will or sell the property according to her dis-

-cretion.

3rd I do hereby nominate appoint my wife Sarah Darst

executrix of this my last will and testament, to discharge

every thing contained therein.

I do revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and

seal this 19th March in the year of Lord 1861.

Signed & Acknowledged by said (Signed) his

Peter Darst in our presence Peter x Darst [Seal]

and signed by us in his presence. mark

Elias George

John N. Cox.

Copy of the testimony reduced to writing.

The State of Ohio, Delaware County Ss.

I Elias George being duly sworn in open Court, this 16th

day of May A.D. 1863, depose and say that we (he and John N. Cox were

present at the execution of the last will and testament of Peter Darst

hereto annexed; that we saw the said testator subscribe said will, we

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

testament, and that the said testator at the time of executing the same

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

restraint and that we signed the same as witnesses at his request

and in his presence and in the presence of each other; and that

John N. Cox who then & there signed the same as witness has now

departed this life; on or about May 10, 1862

(Signed) Elias George

Sworn to and subscribed before me this 14th day of May A.D. 1863

T.W. Powell Probate Judge

The State of Ohio Delaware County Ss. I Joseph E. Cox being

duly sworn upon my oath say that I am the son of John

N. Cox whose name and signature is subscribed as a witness

to the will of Peter Darst decd was here produced and sworn to

by Elias George another witness thereto; that said John N. Cox died

on or about the 10th day of May 1862 that I have examined the

signature of said John N. Cox to said will, that I am well acquainted

with his hand writing, and say that the said signature is his genuine

hand writing, and there can be no doubt that he witnessed the execution

of this said will and witness the same as there states.

(signed) Joseph C. Cox

Sworn to & subscribed before me this

14th day of May 1863 T.W. Powell Probate Judge


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 139)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 139)

Description

[page 139]

[corresponds to labeled page 107 of Will Records Vol. 4 - 1859-1869]


Will of Jesse Hults decd May 14th 1863 107


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 14th day of May A.D. 1863

This day the last will and testament of Jesse Hults of Berlin

Township in the said county decd. Was produced in open court

and was duly proved by the testimony of Nancy Anne Emerson one of

the witnesses thereto, and the testimony of Robert Faris/Silas Emerson the

other witnesses thereto being deceased which testimony was duly reduced to

writing and filed with the same; and it appearing that the said will

was duly attested and executed and that the testator at the time of

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

and not under any restraint and the said will was thereupon duly

admitted to probate and ordered to be recorded which is as follows

to wit: -

Copy of the Will

I Jesse Hults of the township of Berlin and county of Delaware

& State of Ohio do hereby make and publish this my last will & testament -

1st I give and devise to my son Raymond Hults the one third

part of my estate both real and personal situate in the township

and county above named subject to the conditions herein following -

2nd I give and devise to the legal heirs of my daughter Nancy

Sackeider the one third part of my estate both real and personal

situate as aforesaid to be equally divided between said heirs subject

to the conditions following herein

3rd I give and devise to the legal heirs of my son James Hults

to be equally divided among them the one third part of my estate

situate as above stated, both real and personal subject to the

conditions following herein.

4th Provided my wife Phebe Hults should survive me then she

to have the use of the one third of my property above divided so

long as she shall remain my widow, when it shall pass from

her the said Phebe Hults according to the provisions herein

then said third to be divided according to the first distribution herein.

5th I do hereby nominate and appoint Raymond Hults and Martin

Hults as executors of this my last will and testament hereby auth-

=orizing them to do and perform all things necessary which by law and

executors they may do. In testimony hereof I have hereunto

set my hand and seal this eighth (8) day of April A.D. 1861.

(signed) Jesse Hults [Seal]

Signed by said Jesse Hults in

our presence & by us in his presence

(Signed) Nancy Ann Emerson.

Silas Emerson.

Record of the testimony.

The State of Ohio, Delaware County SS.

I Nancy Ann Emerson being duly sworn in open court

this 14th day of May A.D. 1863, depose and say that we this affiant and

her husband Silas Emerson dec. were present at the execution

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 140)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 140)

Description

[page 140]

[corresponds to labeled page 108 of Will Records Vol. 4 - 1859-1869]


108 Will of Jesse Hults dec. May 14th 1863.


of the last will and testament of Jesse Hults hereto annexed

that we saw the said testator subscribe said will and heard him pub-

-lish and declare the same to be his last will and testament , and

the said testator at the time of executing the same was of full

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

and that we signed the same as witnesses at his request and in his

presence and in the presence of each other. And further say that

said husband Silas Emerson departed this life on or about March

25th 1863.

(Signed) Nancy Ann Emerson.

Sworn to and subscribed before me this 14th day of May A.D. 1853.

F. W. Powell Probate Judge.

The State of Ohio, Delaware County S.S.

Robert Faris being duly sworn in open court upon his

oath says that I was well acquainted with Silas Emerson who

was one of the witnesses to the will of Jesse Hults and well acquainted

with his hand writing, having frequently seen him write, that said

Silas Emerson departed this life on or about the 25th day of March

1863. That I have examined his signature as witness to the said

will hereto annexed and say it is his hand writing and signature,

and that there can be no doubt but that he duly witnessed the

same. Since Jesse Hults died on or about the 6th day of March

the present month, that for the last twenty two years previous to his

death he was acquainted with said Hults having during that time

lived his neighbors and always during that time believed him

to have been a man of sound mind and memory and capable of

making his will.

(Signed) Robert Faris

Sworn to and subscribed before me,

this 14th day of May 1863. T. W. Powell Probate Judge


Record of the Will of Peter Collum dec'

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and the State of Ohio

at his office in the town of Delaware on the 21st day of May 1863.

This day the last will and testament of Peter Collum late of Kingston

Township in the said county dec' was produced in open court and

was duly proved by the testimony of Jonas Waldron and Robert Ferguson

two of the subscribing witnesses thereto, which testimony was reduced to writing

and filed with the same, and it appearing that the said will was duly

attested and executed, and that the testator at the time of executing the

same was of full age, of sound mind and memory, and not under

any restraint; the said will was therefor duly admitted to probate

and ordered to be recorded, which is as follows, to wit-

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 141)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 141)

Description

[page 141]

[corresponds to labeled page 109 of Will Records Vol. 4 - 1859-1869]


The Will of Peter Collum dec' May 21, 1863. 109

Copy of the Will: -

I Peter Collum of the Township of Kingston in the County

of Delaware and State of Ohio, being weak in body but of sound mind

and memory and considering the uncertainty of this transitory existence

do make and ordain this my last will and testament in manner

and form following, to wit-

First. I give my body to the earth to be buried in a decent and

Christian like manner. And my spirit to God who gave it. And as

to such worldly goods and estate as it had pleased Almighty God to bless

me with, I give and bequeath in manner and form following (viz)

First I give and bequeath to my beloved wife Rhoda Collum all

my estate both real and personal after paying my funeral and

other expenses to have the full and entire control thereof during

her natural life or widowhood even to the selling and conveying real

estate should she find it necessary for her support and at her, my said

wife's decease, what there remains of my real or personal estate, I give

and bequeath to my five children as hereinafter named.

Second. I give and bequeath to my son Thomas A. the sum of two

hundred dollars.

Third. I give and bequeath to my daughter Mary V. Cregg the sum of

one hundred dollars.

Fourth. I give and bequeath to my daughter Sarah E. the sum of

one hundred dollars.

Fifth, I give and bequeath to my son Milan A. the sum of one

hundred dollars.

And the residue of my estate I give and bequeath and hereby

ordain to be equally divided amongst my five children, viz: -

Thomas A. Collum, Mary U. Cregg, Sarah E. Collum, Milan A. Collum and Katherine White

Sixth, And for the purpose of executing and fully carrying out the

provisions of the foregoing will and testament I hereby nominate

ordain and appoint my beloved wife, Rhoda Collum & Sylvester

Wigton sole executors of this my last will and testament. To which

I hereby set my hand and seal this fifth day of January in the year

of our Lord one thousand eight hundred and sixty three.

(Signed) Peter Collum [Seal]

Signed and sealed in the presence of us

Jonas Waldron

Robert Ferguson.

Record of the testimony.

The State of Ohio, Delaware County S.S. We Jonas Waldron and

Robert Ferguson being duly sworn in open court this 21st day of May A.D. 1863, depose

and say. that we were present at the execution of the last will and testament of Peter Collum

hereto annexed; that we saw the said testator subscribe the said will, and heard him

publish and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was

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

any restraint and that we signed the same as witnesses

(Over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 142)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 142)

Description

[page 142]

[corresopnds to labeled page 110 of Will Records Vol. 4 - 1859-1869]


110 The Will of Peter Collum dec' May 21st 1863.

as witnesses at his request and in his presence, and in the

presence of each other.

(signed) Jonas Waldron

Robert Ferguson

Sworn to and subscribed before me this 21st day of May A.D. 1863.

T. W. Powell Probate Judge


Record of the Will of Sherman Fairchild dec'


Proceedings had before Thomas W. Powell Judge

of the Probate Court in & for the said County of Delaware

and State of Ohio, at his office in the Town of Delaware

on the 22nd day of May 1863.

This day the last will and testament of Sherman Fairchild

late of Harlem Township in the said County dec' was pro-

-duced in open court, and was duly proved by the testimony

Lyman B. Hanover and John Cook the two subscribing

witnesses thereto, which testimony was reduced to writing and

filed with the same, and it appearing that the said will was

duly attested and executed, and that the testator at the time of

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

memory and not under any restraint, this said will was

therefor duly admitted of record and proved as the last

will and testament of the said Sherman Fairchild dec' to wit


Copy of the Will.

"Be it remembered that I sherman Fairchild of the County

of Delaware and State of Ohio and of the Township of Harlem

do make and publish this as my last will and testament.

1st I hereby authorize my beloved wife to pay all my just

debts, funeral expenses and other necessary expenses at the

time of my decease.

2nd I give and bequeath unto my beloved wife all my

real estate and all my personal property or both real and

personal, that may belong to me at the time of my death

to belong to her, and be disposed of by her as she may see

proper, after paying said debts and other necessary expenses.

3rd I do hereby nominate and appoint my Hulda Fairchild

my beloved wife executor of this my last will and testament

I desire that no appraisement and no sale of my personal

property be made, and that the court of probate direct the

omission of the same in pursuance of the Statute.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto my hand and seal

this 11th day of October AD. 1859.

[Signed] Sherman Fairchild [Seal]
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 143)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 143)

Description

[page 143]

[corresponds to labeled page 111 of Will Records Vol. 4 - 1859-1869]


The Will of Sherman Fairchild dec' May 22nd 1863. 111

Signed and acknowledged by said Sherman Fairchild

as his last will & testament in our presence and

signed by us in his presence.

[Signed] John Cook.

L. B. Hanover

Record of the testimony.

The State of Ohio, Delaware County SS.

I Lyman B. Hanover one of the witnesses to the will

of Sherman Fairchild, being duly sworn in open court this

eighteenth day of May A.D. 1863 depose and say that we

the deponant and John Cook were present at the execution

of the last will and testament of Sherman Fairchild hereto annexed

that we saw the testator subscribe said will, and heard him publish

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

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

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

we signed the same as witnesses at his request and in his presence

and in the presence of each other. (signed Lyman B. Hanover

Sworn to and subscribed before me this 18th day

of May A.D. 1863. T. W. Powell Probate Judge

The State of Ohio, Delaware County SS.

I John Cook being duly sworn in open court this 22nd

day of May A.D. 1863 depose and say that we this deponant and

Lyman B. Hanover were present at the execution of the last will

and testament of Sherman Fairchild hereto annexed, that we

saw the said testator subscribe said will (or heard him acknowledge

the same to be his signature) and heard him publish and

declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of

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

restraint, and that we signed the same as witnesses at his

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

other. (Signed) John Cook.

Sworn to and subscribed before me this 22nd day

of May A.D. 1863 T. W. Powell Probate Judge

Record of the Commission to take the election of

Hulda Fairchild the widow.

It appearing to the court that said Hulda Fairchild the

widow is unable to appear in Court to make her election

under the said will, on the account of ill health, this Court gran

=ted a commission to Lyman B. Hanover of Harlem

Township to take her election, and from the return thereto it

appears and so the Court finds that the said widow makes

her election to take under the said will, which commission

and proceedings thereon had are as follows, to wit:
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 144)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 144)

Description

[page 144]

[corresponds to labeled page 112 of Will Records Vol. 4 - 1859-1869]


112 The will of Sherman Fairchild decd. May 25, 1863

The State of Ohio )

Delaware County SS. )

To Lyman B. Hanover Esqr

Sir,

Placing special confidence in your

capacity and honesty, the undersigned, Thomas W. Powell judge

of the Probate Court in and for the said county do hereby

commission and authorize you to take the declaration

of Hulda Fairchild widow of Sherman Fairchild late of

Harlem Township in this county decd. whether she chooses

to take under the last will and testament of said Sherman

Fairchild decd. or not; a copy of the said will is hereto annexed

and it shall be your duty to explain to her the provisions

of the will, her right under it, and by law in the event of

refusal to take under the will and

will take her election to take under the will or not

in writing signed by her; and return the same forthwith

to this court.

In testimony whereof I have herewith set

[S.L.] my hand and seal of this court, this 22nd day of

May 1863. T.W. Powell Probate Judge

Return thereto.

In pursuance to the requisition of the foregoing County

the undersigned has taken the election of Mrs. Hulda Fairchild

whether she wants take under the will of her husband Sherman

Fairchild or not, to which the answers as follows.

I, Hulda Fairchild aforesaid do hereby make my election

under the said will of the said Sherman Fairchild as follows.

I elect to - take under the said will as witness my hand

attest. her

John Cook ) (signed) Hulda x Fairchild

L.B. Hanover ) mark

And I certify that her rights under the said will was fully made

known to her as above directed.

Witness my hand this 25th day of May A.D. 1863

(signed) L.B. Hanover

To which was attached a copy of the said will.

T.W.Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 145)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 145)

Description

[page 145]

[corresponds to labeled page 113 of Will Records Vol. 4 - 1859-1869]


The Will of Sebastian Shouk decd June 9th 1863 113


Record of the will of Sebastian Shouk decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and state of Ohio,

at his office in the Town of Delaware on the 2nd day of

June A.D. 1863.

This day Samuel S. Shouk the executor appeared and pro-

duced in open court the last will and testament of Sebastian Shouk

late of Tompson Township decd. And demanded that the same

be declared proved and admitted to records; and the witnesses

to the same having appeared heretofore in open court, and

then and there having been duly sworn and testified to the due

execution of the said will, to wit, Samuel Maize and Joleen A. Smith

January 6th last, Thomas Lavender January 19th last, and

John A. Gone February 13th 1863 whose testimony was reduced

to writing and filed with the said will. Thereupon the said

will is declared to be duly proven and admitted to record as the

last will and testament of said Sebastian Shouk decd.

Letters testamentary granted to Samuel S. Shouk the executor

Bonds given in the sum of $500 to pay debts, legacies &c.

Mrs. Shouk the widow then appeared in open court to

make her election under the will; and her rights and interest

under the said will and by law without the will, being fully made

known to her and explained, she, said widow, then declared her

election to be and choise way, to take under the will.

And the said Samuel S. Shouk the executor being the

residuary legatee, having given satisfactory bonds in the

sum of $500. to pay all the debts and legacies, according to the

will, he is not required without the further order of this court

to make inventory and appraisement of the said estate.

Which will is as follows; to wit:-

"In the name of the Benevolent Father of All.

I, Sebastian Shouk of Thompson Townnship, Delaware

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

Remark 1st I give and devise to my beloved wife, in lieu of

dower, the farm on which we now reside, situate in Thompson

Township, Delaware County, Ohio containing about eighty three

(83) acres, during her natural life, at the death of my said wife

the real estate aforesaid I give and devise to my son Samuel S. Shouk

and his heirs.

Rem. 2nd I give and bequeath to my said wife and to my said

son Samuel S. Shouk all my personal property which is or may

be situated on the aforesaid farm at the time of my death; ex-

-cepting my household goods, including furnature, beds, bedding

etc, which I bequeath to my son's wife during her natural

life. At the death of my said wife, I give and bequeath the

aforesaid personal property, except the household goods before

excepted, to my said son Samuel S. Shouk the aforesaid household

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 146)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 146)

Description

[page 146]

[corresponds to labeled page 114 of Will Records Vol. 4 - 1859-1869]


114. The Will of Sebastian Shoup decd June 2nd 1863


goods I give at the death of my said wife to my daughter

Elizabeth Graham.

Rem. 3rd I give and devise to my said daughter Elizabeth

Graham, fifty five (55) acres of land situate in Thomp-

-son Township, Delaware County, Ohio, adjoining land

owned by William Smith, L.S. McAllister and others, it being

the lot on which Joseph Wilson now resides; to put the

same to her use during her natural life, after which

it shall descend to her heirs.

Rem 4th I give and bequeath to my son Samuel S. Shouk,

to be sold and applied to the payment of my just debts all the

wheat, corn or other grain belonging to me at the time of

my death, except so much as may be necessary for the

present maintenance and comfort of my family.

Rem. 5th I do hereby nominate and appoint my son Samuel

S. Shouk executor of this my last will and testament, hereby

authorizing and empowering him to compromise adjust, re-

-lease and discharge in such manner as he may seem proper

the debts and claims due me.

I devise that no appraisement and no sale of my personal

property be made and that the court of Probate direct the

omission of the same in pursuance of the statute.

I hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this 14th day of December in the year 1862.

(signed) Sebastian Shouk [Seal]

Signed and acknowledged by said Sebastian )

Shouk as his last will and testament in )

our presence and signed by us in his )

presence. (signed) John A. Gone )

Thos. Lavender )

James Maize )

J.A. Smith )

Copy of the testimony reduced to writing -

"The State of Ohio, Delaware County SS.

We John A. Gone, Thomas Lavender, James Maize and John A. Smith

being duly sworn in open court this 13th day of February A.D. 1863 depose

and say, that we were present at the execution of the last will and

testament of Sebastian Shouk hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare the

same to be his last will and testament, and that the said testator at the

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

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

as witnesses at his request and in his presence, and in the presence

each other.

(signed) John A. Gone

Thos. Lavender

James Maize

J.A. Smith

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 147)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 147)

Description

[page 147]

[corresponds to labeled page 115 of Will Records Vol. 4 - 1859-1869]

115
Will of Sebastian Shoup decd. June 2nd 1863

Sworn to and subscribed before me as follows, to wit: -

John A. Gone, this 13th day of February A.D. 1863

Thomas Lavender, this 19th day of February A.D. 1863

James Maize & John A. Smith, this 6th day of February A. D. 1863

T.W. Powell Probate Judge


The Record of the will of John Jones late of 44th Regt. C.b.L.


Proceedings before Thomas W. Powell judge of the Probate

court in and for the county of Delaware and the State of Ohio at his

office in the Town of Delaware on the 19th day of June

A.D. 1863

Samuel Jones, the father presented the last will

and testament of John Jones decd. And the same was duly proved

by the testimony of Thomas Cadwallader and Elizabeth Cadwallader

two of the subscribing witnesses, thereto whose testimony was reduced

to writing and filed with the will; and it appearing that the said will

was duly executed and attested, and that the testator, at the time of its

execution, was of full age, of sound mind and memory and not

under any restraint, it therefore considered and ordered

that this said will of the said John Jones late of Radnor decd, and

that the same be recorded as such, as follows, to wit: -

Copy of Will.

"This is to certify that I, John Jones son of Samuel Jones of

Radnor Township, Delaware County, Ohio do give and bequeath

to my brother Andrew Jones and sister Mary Ann Jones in equal

shares of a note of hand which given by Thomas H. Roberts of

Clark County, Ohio and now held by my father in trust for me

of three hundred dollars should I never return from the war

to which I have enlisted in the forty fourth Regiment C.B.L. Seventh

Battery, and likewise and equal shares of sixty five dollars of my

bounty I receive from the State and Clark Co. Ohio, which I

send to my father in trust for me, or my brother and sister,

should I never return back; but should I return this writing

is of no value and void.

In witness whereof I subscribe my name in presence of

two witnesses, Thomas and Elizabeth Cadwallader.

Witnesses. (signed) John Jones [Seal]

Thomas Cadwallader

Elizabeth Cadwallader Columbus August 8th 1862."

Copy of the record of the testimony, to wit:

"The State of Ohio, Delaware County, S.s.

We Thomas Cadwallader & Elizabeth Cadwallader being duly

sworn in open court this 19th day of June A.D. 1863 depose

and say, that we were present at the execution of the last will

and testament of John Jones hereto annexed; that we saw
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 148)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 148)

Description

[page 148]

[corresponds to labeled page 116 of Will Records Vol. 4 - 1859-1869]


The Will of John Jones decd June 19th 1863

the said testator subscribe said will, and heard him publish and

declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of full

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

and that we signed the same as witnesses at his request and in

his presence and in the presence of each other.

(signed) Thomas Cadwallader

Elizabeth Cadwallader

Sworn to and subscribed before me this 19th day of June A.D. 1863

T.W. Powell Probate Judge


The Record of the will of Thomas H. Eldridge decd.


Proceedings had before Thomas W. Powell judge of the Probate

Court in and for the county of Delaware and the state of Ohio, at his

office in the Town of Delaware on this 26th day of June AD 1863

This day Mrs. Eliza Eldridge the widow presented the

will and testament of her late husband Thomas H. Eldridge depose

and demanded that the same be proved and admitted to record

and the testimony of Nathan Dustin one of the witnesses that

having been taken in open court on the 10th inst; and sworn the

testimony of Henry Hodgden the other witnesses being duly taken

and reduced to writing now on file with the said will. And it

appearing that the said will was duly executed and attended; and that

the testator at the time of its execution was of full age, and

of sound mind and memory, and not under any restraint

it is thereupon considered and ordered that the said will be

considered and admitted as proved, as the last will and testament

of the said Thomas H. Eldridge, and as such ordered to be

recorded.

Thereupon the said Eliza Eldridge widow of the said Thomas

H. Eldridge decd. appeared in court and applied to make her

election to take or not to take under the said will; and the court

explained to her the provision of the said will, her rights under

and by law, in the event of her refusal to take under the will

therefore the said widow declared her election to me, to take under

the said will. Which will is as follows, to wit:-

Copy of the Will,-

" I Thomas H. Eldridge being in feeble heath, but of sound

minds do make and publish this my last will and testament

revoking any and all former wills made by me at any former

time.

Item 1st. I give and bequeath unto my beloved wife Eliza

Eldridge the use, control and occupancy of the house and

lot I own in the village of Galena being lot No. 17.

Also a field of about nine acres in Range 17. Township 4

Section 4, Lots 21-22.U.S.M.Survey; bounded on the south by

public road; east by B. Brown's land; north and west by Big Walnut

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 149)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 149)

Description

[page 149]

[corresponds to labeled page 117 of Will Records Vol. 4 - 1859-1869]


The Will of Thomas H. Eldridge decd. June 26th 1863

creek; after the decease of my said wife Eliza, all of said real

estate to be equally divded among all my children, if any

shall die before that time, such child's share to go to its legal

representative.

Item 2nd. I give and bequeath all my personal property, this to

include all claims due me, to my said wife she to cause

all legal demands against my estate to be fully paid out

of the same, the balanse to be for her own use and benefit.

Item 3rd. I nominate and appoint my beloved wife executrix

of this my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 21st day of November 1862.

Signed, sealed and acknowledged by ) /signed/ T.H.Eldridge [Seal]

said Thomas H. Eldridge as his )

last will and testament in our )

presence (signed) Henry Hodgden )

Nathan Dustin. )

Copy and record of the testimony to wit:-

" We Henry Hodgden and Nathan Dustin being duly sworn in

open court this 10th day of June AD. 1863 depose and say that we

were present at the execution of the last will and testament of

Thomas H. Eldridge hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at

the time of executing the same was of full age and of sound

mind and memory, and not under any restraint; and that we

signed the same as witnesses at this request and in his presence,

and in the presence of each other.

signed, Henry Hodgden

Nathan Dustin

Sworn to and subscribed before me, and Nathan Dustin on 10th

day of June 1863 and Henry Hodgden on the 26th day of the same month.

T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 150)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 150)

Description

[page 150]

[corresponds to labeled page 118 of Will Records Vol. 4 - 1859-1869]


Will of Minerva Benton decd July 2nd 1863


Record of the will of Minerva Benton decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio

at his office in the Town of Delaware, on the 2nd day

of July A.D. 1863

On the 23rd day of June last passed, the will of Minerva

Benton

late of the said county decd was presented for Probate and record

and thereupon Judson R. Benton one of the witnesses thereto []

into court, and was duly sworn and examined and his test-

-imony was reduced to writing and filed; and afterwards on

this day came into court Walter T. Watson the other witness


thereto, who was also duly sworn and examined and his testimony

was also reduced to writing and filed; and thereupon the court

upon consideration find that the said will was duly executed and

attested, and that the said testatrix at the time of its execution was

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

restraint, it is therefore ordered that the said will is duly proved

and admitted to probate; and ordered to be recorded as the

last will and testament of the said Minerva Benton decd,


Copy of the Will

" In the name of the Benevolent Father of all.

I, Minerva Benton being of sound mind and memory

make and publish this my last will and testament.

1st It is my will that all my just debts be paid.

2nd It is my will that my son Merlin Benton have my

piece of land at $20 dollars per acre.

3rd. That my son Merlin Benton sell, at private sale for

the best price he can obtain, my 13 head of sheep.

4th That my two beds and bedding and my wearing apparel

be divided by my son Merlin Benton equally between my son

Orson Benton & my daughter Mary Pennington.

5th That my son Hiram Benton have my stand.

6th That my son Merlin Benton pays off all my just debts, funeral

expenses and buy for me a set of tombstones; also that he pay off

a certain debt due Mrs. Shadrack of Franklin County from

my daughter Rosey Benton, out of the proceeds of my land and

the sale of my sheep.

7th And after paying all the debts above mentioned that the

balance that may remain in his hands of the proceeds

of the land and the sale of said sheep, he equally divide

between my sons Merlin, Hiram and Orson and my daughter Mary

Pennington. May 13. 1863 (signed) Minerva Benton [Seal]

Signed by us at the request of the

testator and in her presence and in

the presence of each other.

(signed) W.T. Watson

Judson N. Benton

Copy of the Record of the testimony.


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 151)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 151)

Description

[page 151]

[corresponds to labeled page 119 of Will Records Vol. 4 - 1859-1869]


Will of Minerva Benton decd. July 2nd 1863


The State of Ohio, Delaware County S.s.

We Walter T. Watson and Judson R. Benton being duly

sworn in open court this 23rd day of June A.D. 1863

depose and say that we were present at the execution of the

last will and testament of Minerva Benton hereto annexed;

that we saw the said testator subscribe said will and heard her

publish and declare the same to be her last will and testament

and that the said testator at the time of executing the same

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

under any restraint and that we signed the same as wit-

-nesses at her request and in her presence and in the presence

of each other. (signed) W.T. Watson

Judson R. Benton

Sworn to and subscribed before me this 23d day of June AD. 1863

as to Judson R. Benton and on this 2d day of July AD 1863 as

to Walter T. Watson. T.W. Powell Probate Judge



Record of the will of Sophia Hovey decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on the 11th

day of July A.D. 1863.

This day Mr. Leonard R. Tuttle and Emily A. Tuttle his wife

presented the last will and testament of Mrs. Sophia Hovey late

of Delaware decd. and demanded that the same be proved

and admitted to record; and thereupon Manley D. Covell, Len-

-nie P. Covell and James Eaton the three subscribing witnesses

thereto, appeared in court and were duly sworn, examined and

testified whose testimony was reduced to writing and filed with

the said will; and it appearing to the Court, that the said will

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

time of its execution was of full age, of sound mind and

memory and not under any restraint, it is considered and

ordered that the said will is duly proved and admitted to Probate

and recorded as such; which is as follows, to wit:-

Copy of the Will.

" I Sohpia Hovey of Delaware, Delaware County, State of Ohio

being of sound and disposing mind, memory and understanding, do

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

hereby revoking and making null and void all former last wills and

testaments and writing in the nature of last will and testaments by

me heretofore made.

My will is first. - that my funeral charges and just debts be

paid by my executor and executrix hereinafter named.

The residue of my estate & property which shall not be required

for the payments of my just debts, funeral charges and expenses
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 152)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 152)

Description

[page 152]

[corresponds to labeled page 120 of Will Records Vol. 4 - 1859-1869]


Will of Sophia Hovey decd. July 11th 1863

attending the execution of this my will, I give, devise

and dispose of as follows, to wit:-

1st I give and bequeath to my sister Emily Howe all my house

hold furnature, clothing beds & bedding & bedsteads; also all my

right, title & estate coming to me from my deceased mothers

estate. And

I further give and bequeath to my said sister Emily Howe the use

and benefit of all my other property and estates, both real and

personal or mixed to her use and benefit during her natural

life, to use, controle & manage for her benefit all rents

from real estate or interest from money invested or lent

on bonds or mortgages.

2nd I give and bequeath to Emily A. Tuttle daughter of my said

sister Emily Howe & wife of Leonard R. Tuttle of the city of

Springfield, Clark County, Ohio all my interest or claim in two

half in Lots No. 46 Original No. in James Lowry's addition

to said City of Springfield, Clark County, Ohio aforesaid, in consideration

of which she is to pay to Prudence Hudson, Pamelia Tibbets, Maria

G. McElroy & Sarah W. Davis the legacies hereinafter mentioned and

bequeath to them, which bequests to said parties or legatees are

more fully described herein as to their location & husband's names

3d. I give and bequeath to the before named Prudence Hudson

________ of Milwaukee City, Wisconsin the sum of two

hundred dollars.

4th I give and bequeath to Pamelia Tibbets wife of Calvin G. Tibbets

of the City of Cleveland, Ohio the sum of fifty dollars.

5th I give and bequeath to my siter Maria G. McElroy wife of John

McElroy of Delaware, Delaware County, Ohio the sum of fifty dollars.

6th I give and bequeath to my sister Sarah W. Davis wife of William

Davis of Delaware, Delaware County, Ohio, the sum of fifty dollars; the

four last items refer to the amount to be paid by Emily A. Tuttle

mentioned in item No. 2 in this will.

7th I give and bequeath to my brother Henry Blinn of Stratford,

Delaware County, Ohio, the sum of one hundred and seventy five

dollars, being my part of certain notes given by Charles H. Boardman

to myself and my sister Emily Howe & secured by mortgage, reference

to paid notes & mortgage for the amount of money & descriptions of

previous mortgages.

8th I give and bequeath to Milo G. McElroy son of my sister Maria G.

McElroy of Delaware, Ohio, my house & Lot in the Town of Delaware

Delaware County, State of Ohio, being the east part of my Lot No. 54 in

said town.

9. It is my intention and will that none of the foregoing legacies

and bequests, excepting those to my sister Emily Lowe be paid by

my said executor and executrix, or received by any of the legatees

until after the death of my said Sister Emily Howe.

And I do nominate and appoint the before named

Leonard R. Tuttle & his wife Emily A. Tuttle to be the sole executor

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 153)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 153)

Description

[page 153]

[corresponds to labeled page 121 of Will Records Vol. 4 - 1859-1869]


Will of Sophia Hovey decd. July 11th 1863

and executrix of this my last will and testament.

In testimony whereof I the said Sophia Hovey, have

hereunto subscribed my name and affixed my seal this 6th

day of June A.D. 1863

signed, sealed and declared by said (signed) Sophia Hovey [Seal]

Sophia Hovey to be her last will

and testament in presence of us, who

at her request and in her presence

have subscribed our names as

witnesses hereto in the presence of

each other. (signed) Manley D. Covell

Lennie P. Covell

James Eaton

The following is a copy and record of the testimony.

The State of Ohio, Delaware County S.s.

We Manley D. Covell, Lennie P. Covell and James Eaton being

duly sworn in open court this 11th day of July A.D. 1863, depose and

say, that we were present at the execution of the last will and testament

of Sophia Hovey hereto annexed, that we saw the said testatrix sub-

=scribe said will, and heard her publish and declare the same to be

her last will and testament and that the said testatrix at the time of

executing the same was of full age, also of sound mind and

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

as witnesses at her request and in her presence, and in the presence

of each other. [Signed] Manly D. Covell

Lennie P. Covell

James Eaton

Sworn to and subscribed before me this 11th day of July A.D. 1863.

T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 154)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 154)

Description

[page 154]

[corresponds to labeled page 122 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Heaslett decd August 8, 1863


Proceedings had before Thomas W. Powell Probate Judge

in and for the County of Delaware and State of Ohio at his

office in the town of Delaware on the 8th day of August

A.D. 1863.

This day Harvey Heaslett presented the last will and

testament of John Heaslett late of this county and for

Probate and record, and therefore Daniel Maxwell and

Robert Ferguson the subscribing witnesses to the last will appeared

in open court, and were duly sworn and examined, and their

testimony reduced to writing and filed with the said will and

it appearing to the Court, that the said will was duly executed

attested, and that the said testator at the time of its execution

was of full age, of sound mind and memory and not under

any restraint, it is now considered and ordered that the

said will is duly proved and admitted to Probate, and ordered to

be recorded as the last will and testament of the said John

Heaslett dec'. And thereupon Nancy Heaslett the widow of the

said testator appeared in Court, and upon her rights of interest

the will and by law without the will, being fully made known and

explained to her, declared that she chose and elected to take

the will. Which will is as follows to wit:

Copy of the Will.

I John Heaslett am through the blessing of devine

Providence in sound mind of a retentive memory and

the enjoyment of my usual health, but as I am in

the decline of life and wishing to settle my earthly concerns

before I go the way of all the earth; do make and publish this

my last will and testament. Item 1st. I bequeath to my wife

Nancy Heaslett, if she should be a longer liver than myself

(in lieu of dower) the controle of my real estate which is the

farm I now live on, controle so far at least as will give

her a comfortable living for herself and one horse, and to live

in my dwelling house. Item 2nd. I will and bequeath to

Harvey Heaslett and his heirs forever on the following con-

=ditions - he must pay six hundred dollars to his three sisters

or their heirs as the case may be - the one half to be paid

two years after my death, the other half three years after my death

in proportion to their claims.

Item 3rd. It is my will that the six hundred dollars that is named

in Item 2 that Harvey Heaslett is to pay out of the farm to his

sisters, be divided in the following way: - to Caroline Matear one

hundred dollars; to John Johnson twenty five dollars; to Morgan Johnson

twenty five dollars, and to Mary Ann Thurston fifty dollars, thus

divided makes two hundred to my daughter Cicelia Johnson's

heirs, her four children that she left - herself being some time

past deceased. To my next oldest daughter Mary Ann Potter

two hundred dollars. To my next oldest and last daughter

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 155)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 155)

Description

[page 155]

[corresponds to labeled page 123 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Heaslett dec' Aug. 8th 1863.


Nancy Heaslett two hundred dollars- thus divided makes

the six hundred named in item 2 as above

Item 4th. It is my will that as my daughter Nancy Heaslett

is not now married that she shall have a home in my

dwelling house, and one horse kept on the farm free of

cost so long as she remains single and unmarried.

Item 5th. In addition to what I have left to my wife Nancy

Heaslett in item 1st I bequeath to her all my house hold

goods and furniture to her own disposal.

Item 6th. I wish all my just debts paid after which whatever

of my personal property be left either of money obligations or

valuables of any kind to be equally divided amongst my four

children Cicelia being due her fourth part to her children

the other parts of my personal property not named in other items

of this will to go to my daughter Mary Ann Potter, Harvey

Heaslett and Nancy Heaslett. Item 7th. I give my farm-

=ing utensils to my son Harvey Heaslett and his heirs, and

with him to have immediate possession of my farm so long

as he complies with other items in this will, and now hop-

=ing that all to whom I have devised any thing in this will

that they will be satisfied and live in peace with each other and

their God, without controversy in law. Item 8th. I do

hereby appoint my son Harvey Heaslett as executor of this

my last will and testament.

In testimony whereof I have hereunto set my hand and affixed

my seal this 11th day of June 1857. (Signed) John Heaslett [Seal]

Signed and sealed by John Heaslett in presence of us and

signed by us as witnesses by his request in his presence

(Signed) Robert Ferguson,

Daniel Maxwell.

Copy of the testimony as reduced to writing. to wit: -

The State of Ohio, Delaware County SS.

We Robert Ferguson and Daniel Maxwell being duly sworn

in open court this 8th day of August A.D. 1863, depose and say

that we were present at the execution of the last will and testament

of John Heaslett hereto annexed; that we saw said testator subscribe

said will, and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time of

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

memory and not under any restraint, and that we signed

the same as witnesses at his request and in his presence

and in the presence of each other. (Signed) Daniel Maxwell

Robert Ferguson

Sworn to and subscribed before me this 8th day of August A.D. 1863

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 156)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 156)

Description

[page 156]

[corresponds to labeled page 124 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Everhart Folk dec' August 15, 1863


Proceedings had before Thomas W. Powell judge of

Probate Court in and for the County of Delaware and State

of Ohio, at his office in the Town of Delaware

the 15th day of August A.D. 1863.

The last will and testament of Everhart Folk late of

[Jour. 2. 230. in Margin]

Genoa Township in this County dec'. was produced in

Court for probate and record on the 29th day of July last

and thereupon came into Court Jacob Adams one of the

subscribing witnesses to the said will, who was duly sworn

and examined and his testimony reduced to writing and

filed with the will; and thereupon, and it appearing that George

W. Wells (the other subscribing witness to the will) was sick and

unable to attend this court, a commission was issued to

Alfred McLeod Esq of Genoa Township to take the testimony

of the said George W. Wells by a deposition in writing and report

the same to this court with the testimony of the Said Wells reduced

to writing; and now upon consideration thereof, and it ap-

=pearing to the court that the said will was duly executed and

attested and that the testator at the time of execution

was of full age of sound mind and memory and not

under any restraint, it is ordered that the said will be

duly proved and admitted to probate; and ordered to be

recorded as the last will & testament of the said Everhart Folk

deceased; which will is as follows, to wit: -

Copy of the Will.

Genoa Oct. 12th 1858.

In the name of the benevolent Father of All; I Everhart

Folk of said Township do make and publish this my last

will and testament. Item first. I give and devise to my

beloved wife in lieu of her dower, the farm on which I

now reside, situate in Genoa Township, Delaware County

Ohio, containing forty four acres; to have and to hold forever

and all the stock household goods, furnature, provisions

and other goods and chattles which may be then on at

the time of my decease; she however selling so much

thereof as may be sufficient to pay my just debts.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this 12th day of Oct. 1858.

Signed and acknowledged by said Everhart (Signed) Everhart Folk [Seal]

Folk as his last will and testament in

our presence and signed by us in

his presence.

(Signed) C. W. Wells

Jacob Adams

(End of the Will.)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 157)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 157)

Description

[page 157]

[corresponds to labeled page 125 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Everhart Folk dec' August 15, 1863

Copy of the testimony reduced to writing -

The State of Ohio Delaware County SS.

I Jacob Adams being duly sworn in open court this 29th

day of July A.D. 1863 depose and say that we (this deponant and

George W. Wells) were present at the execution of the last will

and testament of Everhart Folk hereto annexed, that we saw

the said testator subscribe said will, and heard him publish and

declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of

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

restraint, and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

(Signed) Jacob Adams

Sworn to and subscribed before me this 29th day of July A.D. 1862

T. W. Powell Probate Judge

The State of Ohio, Delaware County SS.

To Alfred McLeod Esq

Sir.

Placing special confidence

in your integrity, You are hereby commissioned and appointed

to take the testimony of George W. Wells of Genoa Township in

this county (who is now unable to attend this court on the

account of ill health) as to the execution and publication of

the last will and testament of Everhart Folk, late of this county, dec'

which will is hereto annexed, and reduce such testimony to

writing in due form of law and return the same under your

hand and seal to this court, which will bears date the 12th day of

October 1858 and witnessed by G. W. Wells and Jacob Adams. Which

with the testimony so reduced to writing you will enclose in a

letter form under your seal to this office.

In testimony whereof I Thomas W. Powell Judge of the Probate

[Seal of ] Court have hereunto set my hand and affix the seal of said

Probate Court] Court this 29th day of July 1863.

T. W. Powell Probate Judge

To which Commission was made the following witness.

I, the within named Alfred McLeod in pursuance of the commission

of the within commission certify and return that on the thirtieth day

of July 1863 I in due form swore the said George W. Wells to testify the truth

and the whole truth in the relation to the execution and publication

of the last will & testament of Everhart Folk dec' hereto annexed and have reduced

his testimony to writing, which I herewith return to Court duly sealed up.

Witness my hand & seal this thirtieth day of July 1863.

(Seal) A. McLeod J.P. Commissioner

The State of Ohio, Delaware County SS.

I, George W. Wells of Genoa Township being duly sworn

(before me Alfred McLeod Commissioner appointed for that purpose]

this thirtieth day of July A.D. 1863, depose and say that we

(over) -
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 158)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 158)

Description

[page 158]

[corresponds to labeled page 126 of Will Records Vol. 4 - 1859-1869]


Record of the will of Everhart Folk. Aug. 15th 1863


were present at the execution of the last will and testament of

Everhart Folk hereto annexed, that we saw the said testator sub-

=scribe said will, and heard him publish and declare the same

to be his last will and testament and that the said testator was at

the time of executing the same was of full and of sound mind

and memory and not under any restraint and that we

signed the same as witnesses at his request and in his

presence, and in the presence of each other.

Signed G. W. Wells.

Sworn to and subscribed before me this 30th day of July

A.D. 1863. (Signed) A. McLeod J.P. Commissioner appointed

- " -

Record of the Will of Orange A. Blanchard dec'

Proceedings had before Thomas W. Powell Judge of Probate

Court in and for the County of Delaware and State of Ohio in

his office in the Town of Delaware on the 17th day of

August A.D. 1863.

The last will and testament of Orange A. Blanchard dec'

[Jour. 2. 230. - In Margin]

late of this county, was produced in Court for probate and

thereupon George Hemminger, Charles M. Fowler and Salmon

P. Scott, the subscribing witnesses to the said will, appeared in

Court, and were duly sworn and examined, and their testimony

reduced to writing and filed with the will; and now in

consideration thereof, and it appearing to the court that

the said will was duly executed and attested, and that the testa-

=tor at the time of the execution was of full age and of

sound mind and memory, and not under any restraint,

it is ordered that the said will is duly proved and admitted

probate; and ordered to be recorded as the last will and

testament of the said Orange A. Blanchard, dec'.

And thereupon Fanny M. Blanchard the widow of

the said Orange A. Blanchard dec' appeared in court and

upon her rights and interest under the will and by law and

the will being fully explained and made known to her

she chose and elected to take under the said will. Which

is as follows, to wit: -

Copy of the Will.

In the Name of God Amen.

I Orange A. Blanchard of the Township of Porter County of

Delaware and State of Ohio, being of sound mind and memory

(blessed be God for the same) do make and publish this my

last will and testament. I give and bequeath to my beloved

wife Fanny M. Blanchard all my property real and

personal during her natural life, after paying therefor

all my honest debts and funeral charges; and if there

be any property left at her decease to be divided equally

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 159)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 159)

Description

[page 159]

[corresponds to labeled page 127 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Orange A. Blanchard Aug. 17, 1863.


among my dear children Louisa C. Blanchard, Hellen

F. Hess, Icavinda Blanchard heirs of my body.

I do nominate and appoint my beloved wife Fanny M.

executor of this my last will and testament.

In testimony whereof I hereunto set my hand and seal

and publish this my last will and testament in presence of

the witnesses named below; this 13th day of June A.D. 1863.

(Signed) Orange A. Blanchard [Seal]

Signed, sealed, acknowledged in

presence of George Hemminger

Charles M. Fowler

Salmon P. Scott.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 160)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 160)

Description

[page 160]

[corresponds to labeled page 128 of Will Records Vol. 4 - 1859-1869]


Record of the Will of James Decker dec. August 26th 1863

Thereupon Polly Decker the widow of the said James Decker

appeared in court to make her election to take or not to take

under the will; and the court having explained to her the provis

=ions of the will, her rights under it, and by law in the event

of her refusal to take under the will; and thereupon the

said widow declared her choice and election to be, to take

under the will, according to the provisions thereof, which she

understood, and which is so entered of record.

Which will is as follows, to wit: -

"I, James Decker of the County of Delaware in the State of

Ohio being of sound mind do make and publish this my last

will and testament in the manner and form following, that is

to say: -

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

just debts be fully paid.

Second. I give devise and bequeath to my beloved wife

Polly Decker, in lieu of her dower, the plantation on which I

now reside, situate in said County of Delaware and State of Ohio

containing sixty eight acres, five chains and four links

during her natural life; and all the live stock, horses

cattle, sheep, and hogs by me now owned and kept there.

Also all the household furnature and other items not

particularly named in this will, during her natural life

aforesaid, she however first disposing of a sufficiency

to pay my just debts as aforesaid; and at the death of my

wife all the property hereby devised or bequeathed to her

aforesaid or so much thereof as may then remain and unex-

=pended shall be sold and the moneys arising therefrom

equally divided among my seven children viz: - Joseph

Decker, John Decker, Samuel Decker, James Decker, Lucinda

Smith, Sally Decker and Polly Cope, or their heirs, provided

said children or their heirs shall pay to William Dunnam, named

by me William Decker and raised in my family the sum of

twenty-five dollars.

And lastly I hereby constitute and appoint my said son

Joseph Decker and Samuel C. Weeks to be the executors of this

my last will and testament. In testimony whereof I have

hereunto set my hand and seal this eighth day of August

1863. (Signed) James Decker

Signed, published and declared by the above named James Decker

for his last will and testament in the presence of us, who at his

request have signed as witnesses to the same.

(Signed) J. N. Ross.

Jesse M. McAllister.

The following is a true copy and record of the testimony of

said witnesses as reduced to writing, to wit: -

The State of Ohio, Delaware County SS.

We Joseph N. Ross and Jesse M. McAllister being duly
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 161)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 161)

Description

[page 161]

[corresponds to labeled page 129 of Will Records Vol. 4 - 1859-1869]


Records of the Will of James Decker decd. August 26th 1863


sworn in open court this 26th day of August A.D. 1863,

depose and say, that we were present at the execution of the

last will and testament of James Decker hereto annexed; that

we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same

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

under any restraint, and that we signed the same as

witnesses at his request and in his presence and in the

presence of each other.

(signed) Joseph M. Ross.

Jesse M. McAllister.

Sworn to and subscribed before me this 26th day of

August A.D. 1863.

T.W. Powell Probate Judge



Will of Frederick Binder decd.

Proceedings before Thomas W. Powell Judge of the Probate

Court in & for the county of Delaware and State of Ohio, at his

office in the town of Delaware on this 1st day of September

A.D. 1863.

This day the last will and testament of Frederick Binder late

of this county decd., was presented to the court for probate and

records. Thereupon Frederick Waggoner, Godfrey Shock and

Frederick Shane, witnesses to the verbal will of said Frederick

Binder decd., came into court and were duly sworn

and examined, and their testimony reduced to writing; and

now annexed to the said will, and filed therewith; and it

appearing to the court that on the 29th day of July 1863, now

last past, the said Frederick Binder made his verbal will;

and it further appearing and proved by the said witnesses that

they were then called upon by the said Frederick Binder in his

presence and in the presence of each other at his residence

in East Delaware during his last sickness, to hear testimony to

his testamentary words as his last will; and that the said

testator was then of sound mind and memory, and not under

any restraint. It further appears that the said testator died

on the next day, to wit; the 30th day of July last past, and that

within ten days after speaking the said testamentary words, the

same were reduced to writing at their request by William D. Heim

to wit; on the 7th day of August last past, and then & there by

them (said witnesses) subscribed as witnesses thereto, which writing

is the one now here presented as such will. Thereupon the

court, upon consideration thereof orders that the said will be

admitted to probate as duly proven as the last will and testament

of the said Frederick Binder decd., and ordered to be recorded as

such. Thereupon Fredericka Binder the widow of the said Frederick

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 162)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 162)

Description

[page 162]

[corresponds to labeled page 130 of Will Records Vol. 4 - 1859-1869]


Records of the Will of Frederick Binder decd. Sept. 12th 1863

Binder decd. appears in court to make her election to

take or not to take under the said will; and the court

having explained to her the provisions of the will, her rights

under it and by law in the event of her refusal to take under

the will, and thereupon the said widow declared her choice

and election to be, to take under the will, according to

the provisions thereof, which she now fully understands, and

which is so entered of records.

Which will is as follows, to wit:-

"Be it known that Frederick Binder of the Township of

Delaware, in the county of Delaware and State of Ohio, being in

a low and feeble state of body but of sound mind and

memory, did on the 29th day of July A.D. 1863 call upon

the undersigned Frederick Wagoner, Godfrey Shock and

Frederick Shane to hear testimony of his will, which he

did then and there and declare as follows, to wit:-

"I know I am dying, I and my wife commenced

with nothing, and I want to give all my property to my wife

Fredericka Binder."

Which said will was reduced to writing in the presence

of the said Frederick Wagoner, Godfrey Shock, and Frederick

Shane, and by them subscribed in the presence of

each other, this 7th day of August A.D. 1863

(signed)

Freindurg Wagoner

Gottfried Schock

Fredous Vixize

Copy of the testimony

The State of Ohio

Delaware County Ss. On this 1st day of September 1863

Frederick Wagoner, Godfrey Shock and Frederick Shane came

in to court, and were duly sworn and upon their oaths say

that on the 29th day of July 1863 they were called upon by

Frederick Binder at his residence in East Delaware, in his

presence and in the presence of each other to hear testimony

to his will and desposition of his property and he was then

in his last sickness, and not expected to live. That he was

then of sound mind and memory and not under any restraint

that said Frederick Binder died the next day. That at the time

was just as stated in the visiting annexed which was reduced

to writing on the 7th day of August last past, within one week

of the death of the said Binder by William D. Heim in the proper

annexed as his will which we then subscribed as witnesses.

(signed) Freindurg Wagner

Sworn to & subscribed before me September ) Gottfried Schock

1st, 1863. T.W. Powell ) Freaders Visin

Probate Judge )

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 163)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 163)

Description

[page 163]

[corresponds to labeled page 131 of Will Records Vol. 4 - 1859-1869]


Records of the Will of John Cummings decd. October 17th 1863

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 17th day of October A.D.

1863.

This day the last will and testament of John Cummings

late of this county decd. was presented to this court for probate

and records. Thereupon John W. Ladd and John S. Justice

witnesses to the said will came into court, were duly sworn

and examined, and their testimony reduced to writing; and

now annexed to the said will and filed therewith; and it appear-

-ing to the court that the said will was duly executed and attested

and that the said testator at the time of executing the same

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

restraint; thereupon the court, upon consideration thereof,

orders that the said will be admitted to probate as duly proved as

the last will and testament of the said John Cummings decd. and

ordered to be recorded as such; which will is as follows, to wit:-

Copy of the will:-

In the name of the Benevolent Father of all; I, John

Cummings of the State of Ohio, County of Delaware and township of

Orange do make and publish this my last will and testament.

Item 1st I give and bequeath to my son John Francis Cum-

-mings one half of all my real estate and five hundred dol-

-lars out of my personal estate and effects more than an

equal half of the same.

Item 2nd I give and bequeath to my son Orson Cum-

-mings one half of all my real estate and one half

of my personal estate and effects after deducting five

hundred dollars above bequeathed to my son John Francis.

Item 3d I give and bequeath to Elbert Evans my

Grandson one horse, saddle and bridle when he at-

-tains the age of twenty one years to be worth one hundred

dollars.

Item 4th I give and bequeath to my grand daughter

Savina Adelia Evans a good bedstead, bed and bedding

for the same, also one cow when she attains the age of

twenty one years.

Item 5th I give and bequeath to my grandson

John Evans Jun. a good suit of clothes including a hat and

pair of boots, when he attains the age of twenty one years.

Item 6th. It is my will in case of the death of any

one or all of my Grand children mentioned above that the

amount of the their several bequests shall go in equal shares

to my sons John Francis and Orson Cummings, provided any

one or all of such grand-children die before attaining

the age of twenty one years.

Item 7th I do hereby nominate and appoint John

Francis Cummings and Orson Cummings executors of this

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 164)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 164)

Description

[page 164]

[corresponds to labeled page 132 of Will Records Vol. 4 - 1859-1869]


Records of the Will of John Cummings, decd. Oct.17, 1863

my last will and testament; hereby authorizing and empower-

-ing them to compromise, adjust, release and discharge

in such manner as they deem proper the debts

and claims due me. I do also authorize and empower them

if it shall become necessary in order to pay my debts,

to sell by private sale or in such manner, upon my

terms of credit or otherwise as they may think proper all

or any part of my real estate and deeds to purchasers to

execute, ackowledge and deliver in fee simple.

I devise that no appraisement and no sale of my personal

property be made; and the court of probate direct the omission

of the same in pursuance of the statute. I do hereby revoke

all former wills by me made.

In testimony hereof I have hereunto set my hands to

seal this 27th day of March A.D. 1863

his

(signed) John x Cummings [Seal]

mark

Signed and acknowledged by said John Cummings )

as his last will and testament in our presence )

and signed by us in his presence. )

(signed) John W. Ladd )

J.S. Justice )

Copy of testimony

The State of Ohio, Delaware County Ss.

We John W. Ladd and John S. Justice being duly sworn in open

court this 17th day of October A.D. 1863, depose and say that we

were present at the execution of the last will and testament of

John Cummings hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at the

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

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

same as witnesses at his request and in his presence, and in the

presence of each other.

(signed) John W. Ladd

J.S. Justice

Sworn to and subscribed before me this 17th day of October A.D. 1863

J.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 165)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 165)

Description

[page 165]

[corresponds to labeled page 133 of Will Records Vol. 4 - 1859-1869]


Record of the will of Franz Carl Becker decd. November 11th 1863

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the Town of Delaware on the 11th

day of November A.D. 1863.

This day the will of Franz Carl Becker decd. late of

this county was presented by his son Joseph Becker for

Probate and records; and it appearing that the witnesses to the

said will were residing at Columbus in Franklin County

Ohio; thereupon, and upon motion, issued a Commission to

J. Kronabetter Esq, a justice of the peace of Franklin County

to take the depositions of the witnesses to the said will.

Thereupon Mrs. Catharine Becker the widow of the said

testator appeared in Court and requested to make her election

as to the said will; and the court having explained to her the pro-

-visions of the will, and her rights under it, and by law, in the

event of her refusal to take under the will; and thereupon

the said widow declared her choice and election to be,

to take under the said will according to the provisions

thereof, which she fully understood, and which is now so

entered of record.

And afterwards to wit; the 26th day of December AD. 1863

This day Joseph Becker produced into court the will, together

with the return of J. Kronabetter Esqr, to the coceruipion heretofore

issued to him by this court to take the depositions of the witnesses

to the said last will and testament, which is annexed to the said

will and now recorded therewith. And it appearing to

the Court from the said return and will, that the said will

was duly executed and attested; and that the testator at the

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

mind and memory, and not under any restraint.

Thereupon the Court upon consideration thereof, orders that

the said will be admitted to probate as duly proven as the last

will and testament of the said Franz Carl Becker decd. and

ordered to be recorded as such, to wit:-

Copy of the Will

Letzter Willen



[words written in German], Franz Carl Becker, ngofnforft

in Kornkak Township, Delaware County County, [] Ohio, []

[German translation entered here]

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 166)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 166)

Description

[page 166]

[corresponds to page 134 of Will Records Vol. 4 - 1859-1869]


[German will continues]




Copy of the translation of said Will

" Last Will .

I the undersigned Franz Carl Becker of Konchoh (Concord)

Township, Delaware County, State of Ohio, do declare this my

last and irrevocable will.

In case I should die before my wife Catharine Becker

formerly Vogel, all my real and personal property shall belong

to her during the time of her natural life. She shall have

the privilege to spend her days, either alone or with one of

her children. I do order that after the decease of my wife, the

surviving children shall divide the property, what is left in

peace and harmony in equal shares. Whoever of the heirs

shall show a disposition of disatisfaction or disharmony shall

lose his claim in the degree that it shall receive only

one hundred dollars as inheritence.

I do further order that my son-in-laws have no authority to

dispose of any of their inheritence without the express consent

of their wives.

This my last will I made by good memory and well dispo=

=sing mind which shall be particularly accomplished after my

decease.

In testimony whereof I have hereunto set my hand

this sixth day of December in the year eighteen hundred

and fifty six.

(signed) Franz Carl Becker.

(over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 167)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 167)

Description

[page 167]

[corresponds to page 135 of Will Records Vol. 4 - 1859-1869]


Will of Franz Carl Becker decd. November 11th 1863.

Signed and acknowledged by said Franz Carl Becker as

his last will and testament in our presence and signed by

us in his presence.

(signed) Jacob Wager )

Wm Vosswinkel )

Charles Karupman )

The following is the return of the Commisioner annexed

to the said will, to wit:-

The State of Ohio, Franklin County, Montomery Township

I do hereby certify that the foregoing is a full and

true copy from the original which is hereto annexed.

(signed) J. Krombetter J.P. of Montgomery Town

=ship, Franklin County, Ohio.

The State of Ohio, Franklin County SS.

Personally appears before me a Justice of the peace

in and for said county, Wm Vosswinkel and Charles Karupman

(Jacob Wagers is departed) who made solemn oath according to

law, saith that the signature as set forth in the will of Franz

Carl Becker is genuine and executed by himself in our

presence, and that we by his request signed our names as

witnesses the said will. Wm Vosswinkel

Charles Th. Karupmann

Sworn to & subscribed before me this 3rd day of Nov. 1863.

J Krombetter J.P.-

The State of Ohio, Franklin County Ss.

We William Vosswinkel and Charles Karupmann being

duly sworn by J.Krombetter Commissioner etc. this 19th

day of Nov. A.D. 1863, depose and say that we were present

at the execution of the last will and testament of Franz Carl

Becker hereto annexed; that we saw the said testator subscribe

said will, and heard him publish and declare the same to

be his last will and testament, and that the said testator at

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

mind and memory, and not under any restraint and that we

signed the same as witnesses at his request and in his presence,

and in the presence of each other. And we further say that

Jacob Wager has gone to Europe about 1 1/2 years ago and

that the translation is correct. (signed) Wm Vosswinkel

[J.R. Nov 5] Charles Th. Karupmann.

[1862 10 cents]

[U.S. Stamps]

Sworn to and subscribed before me this 19th day of Nov. A.D. 1863.

J. Krombetter J.P.

of Montgomery Tp. Franklin County Ohio.



Delaware County Ss. I, Mattias Loy being duly sworn says, I have

examined the above translation with the original will and say it is a

fair translation. (signed) M. Loy

Sworn to & subscribed before me November 26th 1863.

T.W.Powell Probate Judge.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 168)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 168)

Description

[page 168]

[corresponds to page 136 of Will Records Vol. 4 - 1859-1869]


Will of Franz Carl Becker. November 11th 1863.

And afterwards to wit; January 22d 1864, on the

written request of the widow, Anthony C. becker (a son) is

appointed administrator with the will annexed on the estate

of Franz Carl Becker of Concord Township decd. Who paid

bonds in the sum of $1200. With William Larobee and

David Freshwater his surities. Appointed James Stewart,

Lyman T. Glick and James Davidson appraisers.

_____________________


Will of Calvin Elmer decd.


Proceedings had before Thomas W. Powell Judge

of the Probate Court in & for the county of Delaware and

State of Ohio, at his office in the town of Delaware,

the 12th day of January 1864.

This day Thomas G. Miller presents the last will and

testament of Calvin Elmer late of Brown Township decd.

for probate and records. Thereupon Stephen P. Dunham and

Margaret A. Miller the two subscribing witnesses to the said will

appeared in court and were duly sworn and examined; and

their testimony reduced to writing and filed with the said will

and it appearing to the court that the said will was duly executed

and attested, and that the said testator at the time of its execution

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

under any restraint; it is considered and ordered that the

said will is duly proved, and admitted to records as such

Which will is as follows, to wit.

In the name of the Benevolent Father of All.

I, Calvin Elmer of Eden, Delaware County, Ohio being

of sound mind, do make and publish this my last will

and testament.

1st I give and devise to my beloved wife in lieu of

her dower; all or such part of my personal property etc

as she many need for a proper and good maintainance

or support during her natural life. Said property consists

of household goods, money, debts and claims due me.

2nd Whatever of the above property that may be left after

the death of my wife, and after paying all legal claims

and expenses, including funeral expenses, I devise and

bequeath to my son John Elmer and his heirs.

3d I do hereby nominate and appoint T.G. Miller

Executor of this my last will & testament.

I do hereby revoke all former wills made by me.

In testimony hereof I have hereunto set my hand & seal

this 4th day of January A.D. 1864. (signed) Calvin Elmer [seal]

Signed and acknowledged by said Calvin Elmer as his

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

his presence. (signed) S.P. Dunham

M.A. Miller.

(end of will.)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 169)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 169)

Description

[page 169]

[corresponds to page 137 of Will Records Vol. 4 - 1859-1869]


Will of Calvin Elmer. January 12th 1864.


Copy of the testimony reduced to writing proving the

will of the said Calvin Elmer. to wit:-

The State of Ohio, Delaware County. Ss.

We Stephen P. Dunham and Margaret A. Miller being duly

sworn in open court this 12th day of January A.D. 1864. depose

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

testament of Calvin Elmer hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare

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

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

sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

(signed) S.P. Dunham.

M.A. Miller.

Sworn to and subscribed before me this 12th day of January

A.D. 1864. T.W.Powell Proabte Judge

________________________


Will of Robert Jamison decd.


Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware and

the State of Ohio, at his office in the town of Delaware

on the sixth day of February A.D. 1864.

On the 20th day of January 1864 James Eaton Esqr.

presents the last will and testament of Robert Jamison late

of Delaware Township decd. for probate. Marshal L.

Griffin and Stephen M. Littell two of the witnesses to the will

were sworn and examined and their testimony reduced to

writing and annexed to the said will; thereupon issued a Com=

=mission to Rowland O. Hammond Esqr of Akron, Ohio.

to take the deposition of John Lugenbeel the other witness

to the said will. Further proceedings in relation to the

probate of the will is suspended until the return of the

said commission and deposition of the said Lugenbeel.

And afterwards to wit; on the 6th day of February A.D. 1864

on motion of James Eaton Esqr. the will in this case was

again presented for probate and record. and the commission

returned with the deposition of said John Lugenbeel the

other witness to the said will; and thereupon it appearing to the

court that the said will was duly executed and attested and that

the said testator at the time of the execution of the same

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

under any restraint, the court therefore upon consideration

thereof order that the said will be admitted to probate as

duly proved as the last will & testament of the said Robert Jamison

decd. and ordered to be recorded as such.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 170)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 170)

Description

[page 170]

[corresponds to page 138 of Will Records Vol. 4 - 1859-1869]


Record of the will of Robert Jamison decd. July 6th 1864

Copy of the Will.

I, Robert Jamison of Delaware Tp. Delaware County,

State of Ohio, being of sound & disposing mind, memory and

understanding do make, publish and declare this to be

my last will and testament, and writing is the action of last

will and testament hereby revoking and making void & null all

former last wills and testaments & writings in the nature of

last wills & testaments by me heretofore made.

My will is first; that my funeral charges and just debts

shall be paid by my executor hereinafter made. The residue of my

estate and property, which shall not be required for the payment

of my past debts, funeral charges, the necessary expenses

attending the execution of this my last will and settling my

estate; I give & devise & dispose of as follows:-

1st My real estate situated in said Delaware Township, Delaware

County aforesaid, in Range 19. Township four. Section first of

the United States Military Survey, I give & bequeath to my brother

John Jamison & James M. Jamison & my sister Elizabeth Jamison

during their natural life, and then to descend to their children, or

if any or either of them should die leaving no issue of their body

then to go to the remaining brother or sister still living, and

when the said real estate shall decend to the children of my

brothers & sisters I give & bequeath to my nephew Thomas Baird

son of my deceased sister Esther Baird an equal rights in

said real estate with my other nephews & neices, to be under

the direction & disposal of my brother James M. Jamison.

2d I give & bequeath my Rail Road stock to my said brothers

John

& James M. Jamison & Elizabeth Jamison to be

disposed of by them as to donations to the first Presbyterian

Church of Delaware as to appropriate to their own personal

case shared equally among their as they may think

best and actionable) equally divided among them and

to decend to their heirs.

3d I give & bequeath all the residue of my personal property con=

=sisting of notes of hand, horses, cattle, farming utensils and

money on hand or due other wise, to my said brothers John

Jamison and James M. Jamison & my sister Elizabeth Jamison

to be used & disposed of by them as to donations to the first Presbyterian

Church of Delaware or to appropriate to their own personal

use & benefit, equally among them as they may think best

and advisable.

4th It is my will in case my sister Hannah Carpenter should

become a widow & in needy circumstances, that she should become

heir of my aforesaid estate so far as to supply her with the necessary

comforts of life, not exceeding an equal share with the aforesaid

brothers and sister herein before named.

5th I do hereby appoint and nominate James Eaton of the Town

of Delaware, Ohio, to be the sole executor of this

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 171)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 171)

Description

[page 171]

[corresponds to page 139 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Robert Jamison decd. February 6th 1864.


my last will and testament.

In testimony whereof I the said Robert Jamison have

hereunto subscribed my name and affixed my seal this

twelfth day of August. A.D. 1850.

Signed, sealed and declared by the said (signed) Robert Jamison [seal]

Robert Jamison to be his last will

& testament in presence of us, who

at his request and in his presence have

subscribed our names as witnesses

hereto in the presence of each other.

(signed) John Lugenbeel

M.L. Griffin

S.M. Littel

(end of the will.)


Copy of the testimony

The State of Ohio, Delaware County. Ss.

We Marshal L. Griffith & Stephen M. Littell being duly sworn

in open court this 20th day of January A.D. 1864, depose and

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

testament of Robert Jamison hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare

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

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

mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his pre-

=sence, and in the presence of each other.

(signed) Marshall L. Griffin.

Stephen M. Littell.

Sworn to and subscribed before me this 20th day of January

A.D. 1864. T.W.Powell Probate Judge



Copy of the deposition returned under the commision

The State of Ohio,)

Summit county Ss. ) Personally appears before me the

undersigned a notary public within and for the said county and

a special commissioner appointed by Thomas W. Powell Probate

Judge within and for the county of Delaware in the State of

Ohio to take the deposition of John Lugenbeel in the

matter of the probate of the will and testament of Robert Jamison

late of the said county of Delaware decd. who being duly

sworn, deposes and says that he was present at the execution

of the last will and testament of the said Robert Jamison here

=to annexed; that he saw said testator subscribe said will

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

will and testament, and that said testator at the time of

executing the same was of full age, and of sound

mind and memory and not under any restraint,

and that he signed the same as a witness at his

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 172)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 172)

Description

[page 172]

[corresponds to page 140 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Robert Jamison February 6th 1864.


request and in his presence and in the presence of

Marshall L. Griffin & Stephen M. Littell the other witnesses

to the said will and they likewise signed the same

in my presence.

(signed) John Lugenbeel.

Sworn to before me and subscribed in my presence

this 3rd day of February A.D. 1864 by the said John

Lugenbeel.

(signed) Rowland O. Hammond

[Notaric Seal] Notary Public and

[S.S] Special Commissioner.

[U.S. 5 cent stamp]

___________________


The Will of Abraham Swartz decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the town of Delaware on the fourth

day of February A.D. 1864.

This day the last will and testament of Abraham Swartz late of

Tompson Township decd. was presented to the court for probate and

record. Thereupon John W. Cone and Thomas B. Cone the

witnesses to the said will came into court and were duly sworn

and examined, and their testimony reduced to writing and now

annexed to the will and filed therewith; and it appearing to the court

that the said will was duly executed also attested, and that the said testator

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

sound mind and memory, and not under any restraint,

thereupon the court, upon consideration thereof, orders

that the said will be admitted to probate and duly proved as the

last will and testament of the said Abraham Swartz decd.

and ordered to be recorded as such.


Copy and record of the will.

In the name of the Benevolent Father of all.

I Abraham Swartz of the Township of Thompson Delaware

Co. & State of Ohio, do make and publish this my last

will and testament.

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

dower the farm on which we are now reside situated in Thomp

=son Tp. Delaware Co. State of Ohio, containing about (80) eighty

acres, during her natural life, and all the stock, household

goods, furnature, provisions and other goods and chattels which

may be there at the time of my decease during her nat

=ural life as aforesaid; she however selling so much thereupon

as may be sufficient to pay my just debts. At the death

of my said wife I give all real and personal property

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 173)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 173)

Description

[page 173]

[corresponds to page 141 of Will Records Vol. 4 - 1859-1869]


Record of the will of Abraham Swartz. February 4th 1864.

to be equally divided between my children except, I

bequeath to my son David one hundred and fifty dollars

more than either of my other children.

Item. I appoint and make the said Elizabeth my

wife executrix of this my last will and testament.

In testimony hereof I have hereunto set my hand

and seal this 22d day of December in the year 1863

signed and acknowledged by said ) (signed) Abraham Swartz [seal]

Abraham Swartz as his last will )

and testament in our presence )

and signed by us in his presence )

(signed) J.W. Cone

[U.S.Stamp] T.B. Cone (end of the will)

[$1.00]

Record of the testimony.

The State of Ohio, Delaware County Ss.

We John W. Cone and Thomas B. Cone being duly sworn

in open court this fourth day of February A.D. 1864, depose

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

will and testament of Abraham Swartz hereto annexed; that

we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and

as witnesses at his request and in his presence, and in the

presence of each other.

(signed) J.W. Cone

Thos. B. Cone

Sworn to and subscribed before me this 4th day of February

A.D. 1864. T.W. Powell Probate Judge

N.B. On the same day the widow appeared and elected to take

under the will. See Journal L. Page 265.

______________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 174)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 174)

Description

[page 174]

[corresponds to page 142 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Ashburn decd. February 19th 1864

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on the

twelfth day of February A.D. 1864.

On the 9th day of December A.D. 1863 Mr Baxter presented

the last will and testaemnt of John Ashburn decd. for probate

and record. Thereupon Jonathan M. Coomer one of the

witnesses thereto appeared in court, and his deposition was

duly taken and annexed to the will. And it appearing

that Stephen Curren the other witness thereto under in the

State of Missouri, the court upon motion issued a com

=mission with the will annexed to James C. Morehouse

Esqr. of White Cloud in Nodaway County, Missouri, to take and

certify the testimony of said Curren as to the execution and

attestation of the said will and to report the same to this

court. Commission accordingly sent.

And afterwards to wit, on the 12th day of February A.D. 1864

on motion, and the Commission heretofore issued to prove

the will being returned with the testimony of Stephen Curren

duly returned by James C. Morehouse the Commissioner, and the

testimony of the witnesses being now reduced to writing, and annexed

to the will and filed therewith. And it now appearing to the

court that the said will was duly executed and attested, and

that the testator at the time of executing the same was

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

any restraint; thereupon the court whose consideration

thereof, orders that the said will be admitted to probate and

duly proved as the last will and testament of the said John

Ashburn decd, and ordered to be recorded as such.

T.W. Powell Probate Judge.


Copy and record of the will.

In the name of the Benevolent Father of All.

I John Ashburn of the State of Ohio and Delaware County, do

make and publish this my last will and testament.

1st I give and devise to my mother Lydia Ashburn all

moneys and effects belonging to me at this time, and all

other moneys and effects that I may acquire during my

natural life, to have and depose of to her own use

as she desires.

2d In case that my mother Lydia Ashburn should decease

it is my will that the effects above mentioned shall pass to

and be invested in write to my sister Elizabeth Ashburn.

3d I do hereby nominate and appoint Lydia Ashburn exec

=utrix of this my last will and testament, hereby authorizing

and empowering her to compromise, adjust, release and

discharge in such manner as she may deem proper the

debts and claims due me.

I desire that no appraisment of the effects be made and that

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 175)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 175)

Description

[page 175]

[corresponds to page 143 of Will Records Vol. 4 - 1859-1869]


Record of the will of John Ashburn decd. Feby 12, 1864.

Probate direct the omission of the same in pursuance

of the statute.

In testimony whereof I have hereunto set my hand and

seal this 17th day of February 1862.

Signed and ackowledged by said ) (Signed) John Ashburn [seal]

John Ashburn as his last will )

and testament in our presence, and )

signed by us. (signed) J.M. Coomer )

S. Curren. ) (end of the will.)


Copy & record of the testimony.

The State of Ohio, Delaware County Ss.

We Jonathan M. Coomer and _______ ______ being duly sworn

in open court this 9th day of December A.D. 1863, depose and

say, that we myself and Stephen Curren were present at the

execution of the last will and testament of John Ashburn decd.

hereto annexed; that we saw the said testator subscribe said will

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

testament, and that the said testator at the time of executing the same

was of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his

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

(signed) J.M. Coomer

Sworn to and subscribed before me this 9th day of December

A.D. 1863. T.W. Powell Probate Judge.

(Also signed) S. Curren

Sworn to and subscribed before me this 23d day of January 1864

Commissioner.

Copy of the Commission & return.

The State of Ohio, Delaware County Ss.

for the court of Probate in & for the said county.

To James C. Morehouse Esqr. of Nodaway County, Mo.

Sir,

Having special confidence in your integrity

and ability, you are hereby appointed a commissioner

and are hereby authorized and empowered to take the

testimony of Stephen Curren as one of the witnesses to

the will and testament of John Ashburn hereto annexed,

bearing date the 17th day of February 1862 and witnessed by

J.M. Coomer and said S. Curren; and reduce his testimony

to writing as in cases of deposition in order to prove

the due execution of the said will, and then seal up

the same together with the will, and return to the same to this

court properly directed.

In testimony whereof I Thomas W. Powell Probate

[Seal] Judge of the said county on this 9th day of December

1863 have hereunto affixed my signature & the seal of the

said court at Delaware, Ohio.

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 176)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 176)

Description

[page 176]

[corresponds to page 144 of Will Records Vol. 4 - 1859-1869]


Record of the will of John Ashburn decd. Feby. 12th 1864

Report, enclosed on & with the commission & will

I the within named James C. Morehouse do hereby

certify that in pursuance of the within commission, the

within named Stephen Curren on the 23d day of January

A.D. 1864, personally appeared before me and was duly sworn

by me to testify the truth, the whole truth and nothing but

the truth as to the execution of the last will and testament

of John Ashburn decd. and on his said oath testifies and

says that he said Stephen Curren and Jonathan M. Coomer

were present at the execution of the said will hereto annexed,

that we saw the said John Ashburn subscribe the same

and heard him publish & declare the same to be his

last will and testament, and that the said testator at the time of

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

and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence

and in the presence of each other.

(signed) S.Curren

Subscribed and sworn to before me the day and

year above written.

(signed) James C. Morehouse) Special

) Commissioner

___________________

Will of Squire Wheaton decd.

Proceedings had before Thomas W. Powell Judge of the probate court

in and for the county of Delaware and State of Ohio, at his office

in the town of Delaware on the 12th day of February A.D. 1864.

This day the last will and testament of Squire Wheaton late of

Trenton Township in this county decd. was presented to the court

for probate and record. Thereupon Charles L. Murphy and George

Jacobus witnesses to the said will came into court and were

duly sworn and examined, and their testimony reduced to writing

and now annexed to the said will and filed therewith; and it appear

=ing to the court that the said will was duly executed and attested

and that the testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint; thereupon the court upon consideration

thereof orders that the said will be admitted to probate as duly

proved as the last will and testament of the said Squire Wheaton

and ordered to be recorded as such.

Copy and record of the will.

To whom it may concern know ye, that I Squire Wheaton of the

Township of Trenton, Delaware County and the State of Ohio, being

of sound mind and memory, and in good bodily health do

make and declare this my last will and testament as follows

to wit, First, I will and direct that my executors hereinafter

named shall pay all my funeral expenses - all my just debts

and purchases for myself and my wife suitable tomb stones

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 177)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 177)

Description

[page 177]

[corresponds to page 145 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Squire Wheaton decd. February 12th 1864.

to be erected at our several graves after our deaths respectively.

Secondly, I give and bequeath to my wife mercy, the use

and benefit during her natural life time of the homestead

which I now occupy, being the thirty acres of land which I purchased

of Silas C. Williams lying and being in the Township of Trenton

aforesaid. I also give and bequeath to my said wife during

her natural life, the interest payable annually of the sum of

five hundred dollars; which sum of five hundred dollars

shall be invested by said executors in such manner

as they shall deem most advisable so that the interest shall

be paid annually during her life time, and the principal

payable within at least one year thereafter. I also give to

my said wife the use and benefit during her life time

of all the household furnature remaining on the premises

at the time of my death.

Third, I will and direct that all my chattel property

not including the household furnature above given to my

wife, shall be sold as soon after my death as may be con=

=venient at public auction by my said executors on such terms

as they shall deem expedient. Also that after the death of my said

wife, the household furnature shall also be sold in like manner.

Fourth. I give and bequeath to my son Martin S. Wheaton

in fee simple subject to the aforesaid life estate of my said

wife, the above mentioned homestead property with the

appurtenances; provided he shall pay my said executors within

one year from the time he shall become entitled to the

posession of said property, the sum of two hundred dollars

for the benefit of his sisters and herein after provided.

Fifth. I give and bequeath in fee simple to my son Morris

Wheaton the farm he now occupies, being the tract of land I

purchased of Soloman Walker lying in Trenton township aforesaid

and containing forty one acres, with the appurtenances, provided

he shall pay to my said executors within one year from the

time of my death the sum of one hundred dollars for the

benefit of his sisters as hereinafter provided.

Sixth. I give and bequeath to my son Charles Wheaton the sum

of fifty dollars.

Seventh. All the residue of my estate I give and bequeath

to my six daughters, to wit: Sarah Walker, Eliza Potter, Martha

Kelchum, Maria Condit, Abigal Rush and Harriet Condit, to

be paid to and divided among them share and share a like

by my said executors as soon and as fast as the money shall

by then be realized; that is to say, my said several daughters

shall respectively by themselves or their heirs be entitled to

demand and receive from my executors their respective shares

of any money properly belonging to them, which my said executors

may from time to time receive until the whole

estate shall then be formally settled and closed up.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 178)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 178)

Description

[page 178]

[corresponds to page 146 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Squire Wheaton, February 12th 1864.

Eighth. I do hereby nominate and appoint my son Charles

Wheaton and Edgar M. Condit executors of this my last will and

testament; and should either of them die or refuse to serve,

then the other or survivor to act as sole executor hereof.

And I do hereby release my said Executors & each of them from

all liability to give personal or other security, beyond their

own bonds for the faithful discharge of the trust herein

committed to them; it being my will that the court shall to

their own bond or bonds, in the usual form without requiring

them or either of them to give additional

security thereon.

In testimony whereof I have hereunto set my hand &

seal this 5 day of May A.D. 1859.

(signed) Squire Wheaton [seal]

The above and foregoing instrument was signed )

and sealed in our presence, the said Squire Wheaton )

then & there declaring that he signed and sealed )

the same as his last will & testament and wishes )

us to bear witness of the same. Attest. )

(signed) Charles L. Murphy

George Jacobus. (end of the will.)

Record of the testimony.

The State of Ohio, Delaware County Ss.

We Charles L. Murphy and George Jacobus being duly sworn

in open court this 19th day of February A.D. 1864, depose and say

that we were present at the execution of the last will and

testament of Squire Wheaton hereto annexed; that we saw

the said testator subscribe said will, and heard him publish and

declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of full

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

restraint, and that we signed the same as witnesses at this request

and in his presence, and in the presence of each other.

(Signed) Charles L. Murphy

George Jacobus.

Sworn to and subscribed before me this 12th day of February

A.D. 1864. T.W. Powell Probate Judge

________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 179)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 179)

Description

[page 179]

[corresponds to page 147 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Holt decd. February 11th 1864.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 11th day of February

A.D. 1864.

On this day the last will and testament of said John Holt decd

was presented for probate and record. Thereupon William Williams

and Sampson Wallace, the witnesses to the said will came into court

and were duly sworn and examined; and their testimony reduced

to writing, and now annexed to the will and filed therewith,

and it appearing to the court that the said will was duly executed

and attested, and that the testator at the time of executing the same

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

under any restraint, thereupon the court upon consideration

thereof orders that the said will be admitted to probate and duly

proved as the last will and testament of the said John

Holt decd. and ordered to be recorded as such.

Copy and Record of the Will.

I, John Holt of the county of Delaware in the State

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

in manner and form following that is to say:-

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

just debts be fully paid.

Second. I give devise and bequeath to my beloved wife

Holt the farm on which we now reside, situate in Brown

Township in the county of Delaware, Ohio, and in Range No. 18,

Township No. 5 Section No. 2 and lot No. 11 during her natural

life; and all the live stock, horses, cattles, sheep and hogs etc.

by me owned and kept thereon; also all the household furna

=ture, farming utensils and other items not particularly

named, during her natural life as aforesaid; she

however first disposing of a sufficiency thereof

to pay my just debts and expenses as aforesaid. At the

death of my said wife all the property hereby devised or bequeathed

to her aforesaid or so much thereof as may then remain

unexpended, it is my will shall be disposed of as follows,

that my daughter Sarah Jane, my daughter Emily, my son

William L. and my son Evan each receiving the sum

of two hundred - and whatever shall be and remain of my

estate after the eight hundred dollars alone devised, shall

be divided as aforesaid, shall be equally divided amoungst

my five daughters and three sons, share and share alike

Vig. Elizabeth Main, Sarah Jane Holt, Emily Holt, Ellen Wigton

Hannah Holt, William L. Holt, Evan Holt and Mareus L. Holt

I desire that no appraisment be made of my personal property

at my death, and that the court of Probate direct the omission

of the same in pursuance of the statute.

In testimony whereof I have hereunto set my hand

(over)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 180)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 180)

Description

[page 180]

[corresponds to page 148 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John Holt. February 11th 1864.

and seal this 16th day of February 1863.

Signed and acknowledged by said ) (signed) John Holt [seal]

John Holt as his last will and )

testament in our presence )

(Signed) Wm Williams

[U.S. Stamp] Sampson Wallace.

[$1.00] (end of the will)

Copy and Record of the testimony.

The State of Ohio, Delaware County Ss.

We William Williams and Sampson Wallace being duly

sworn in open court this 11th day of February A.D. 1864 depose

and say, that we were present at the execution of the last will

and testament of John Holt hereto annexed; that we saw the said

testator subscribe said will and heard him publish and declare

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

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

mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence, and

in the presence of each other.

(signed) Sampson Wallace

Wm Williams.

Sworn to and subscribed before me this 11th day of February

A.D. 1864. T.W. Powell Probate Judge

For the election of widow & letters testamenatry see Journal 2.2114

___________________________

Record of the Will of Griffith Thomas decd.

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 22d day of February

A.D. 1864.

This day Isaac Thomas presented the last will and testament of

Griffith Thomas late of Oxford Township decd. to the court for

probate and record. Thereupon Jonathan Nicholas and William

Williams the witnesses to the said will came into court and were

duly sworn and examined, and their testimony reduced to writing

and now annexed to the will and filed therewith; and it appearing

to the court that the said will was duly executed and attested; and that

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

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

thereupon the court, upon considerations thereof, orders that

the said will be admitted to probate as duly proved as the last

will and testament of the said Griffith Thomas decd and ordered

to be recorded as such. (Letters testamentary granted. Jour.2.276.)

Copy and Record of the will.

I Griffith Thomas of the county of Delaware and State of Ohio

do make and publish this my last will and testament.

Item first. I give and bequeath to my youngest daughter
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 181)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 181)

Description

[page 181]

[corresponds to page 149 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Griffith Thomas decd. Feby 22d 1864.


Ida Thomas 4 [76 (87/160)/160] acres of land adjoining the village

of Ashley on the west side of the C.C. & C.C.R.R. also five town lots

in the town of Ashley Nos. 10.11.12.13.14. It being the same land

and town lots deeded to me by John Thomas, February 15th 1861.

Item Second. I devise and bequeath to my two daughters

living in Wales three hundred and fifty dollars each.

All the property and effects that may remain of my estate

after paying the above mentioned seven hundred dollars to my

two daughters in Wales it is my will shall be equally divided

amoungst my children, to wit; Liza and Bridget now in Wales,

Mary Thurman, Herbert Thomas, Ural Thomas, Isaac Thomas

John Thomas, Daniel Thomas, Sarah Thomas and Ida Thomas,

Item third. I do hereby appoint my son Isaac Thomas

Guardian of my infant daughter Ida Thomas; Also executor

of this will. I hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this 11th day of December A.D. 1863. his

Signed and acknowledged by said ) (Signed) Griffith x Thomas [seal]

Griffith Thomas as his last will ) mark

and testament in our presence )

and signed by us in his presence )

(signed) Wm Williams )

Jonathan Nicholas. ) (end of the will)


Copy and record of the testimony.

The State of Ohio, Delaware County, Ss.

We William Williams and Jonathan Nicholas being duly

sworn in open court this 22d day of February A.D. 1864, depose

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

and testament of Griffith Thomas decd. hereto annexed; that

we saw the said testator subscribe the said will and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint, and that we signed the same as

witnesses at his request and in his presence, and in the

presence of each other.

(signed) Jonathan Nicholas

Wm Williams

Sworn to and subscribed before me this 22d day of February

A.D. 1864. T.W. Powell Probate Judge

______________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 182)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 182)

Description

[page 182]

[corresponds to page 150 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Hiram Bean decd. March 4th 1864

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

[in left margin: Jour. 2. 279.]

of Ohio at his office in the town of Delaware on the fourth

day of March A.D. 1864.

This day the last will and testament of Hiram Bean

[in left margin: Widow's election

Jour. 2. 291.]

of Sciota Township decd. was presented for probate and

record. Thereupon Daniel Dorwart and Daniel Maugans,

witnesses to the said will came into court and were duly sworn

and examined, and their testimony reduced to writing and

now annexed to the will and filed therewith; and it appearing

to the court that the said will was duly executed and attested

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

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

any restraint, thereupon the court, upon consideration

thereof, orders that the said will be admitted to probate

duly proved as the last will and testament of the said Hiram

Bean decd. and ordered to be recorded as such.

Copy and record of the Will.

I, Hiram Bean do make the following bequest as my

last will and testament:-

1st That all my just debts be paid.

2d After paying the debts, I give and bequeath unto my

beloved wife so long as she shall remain my widow all

my real and personal property.

February 19th 1864. (signed) Hiram Bean.

Witnesses (signed) Daniel Dorwart

Daniel Maugans. (end of the will)

Record of the testimony as reduced to writing.

The State of Ohio, Delaware County, Ss.

We Daniel Dorwart and Daniel Maugans being duly sworn

in open court this 4th day of march A.D. 1864. depose and say

that we were present at the execution of the last will and testament

of Hiram Bean hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare the same

the same to be his last will and testimony, and that the said

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

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

and that we signed the same as witnesses at his request and in his

presence, and in the presence of each other.

(signed) Daniel Dorwart

Daniel Maugans.

Sworn to and subscribed before me this 4th day of March A.D. 1864.

T.W. Powell Probate Judge

_________________________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 183)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 183)

Description

[page 183]

[corresponds to page 151 of Will Records Vol. 4 - 1859-1869]


Record of the will of Susan Wise decd. March 17th 1864.

Proceedings had before Thomas W. Powell Judge of the

Probate court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on the 17th

day of March A.D. 1864.

This day George T. Wolfley presented the last will and testament

of Susan Wise late of Troy Township decd. for probate and

record. Thereupon Duncan P. Darst and Samuel Darst wit=

=nesses to the said will came into court, and were duly sworn

and examined, and their testimony reduced to writing and annexed to

the said will and now filed therewith; and it appearing to the court that

the said will was duly executed and attested; and that the testatrix

was of full age, and of sound mind and memory, and not under

any restraint; thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said Susan Wise decd. and

ordered to be recorded as such.

Copy and record of the will.

In the name of the Benevolent Father of All.

I, Susan Wise of the county of Delaware and State of

Ohio, being of sound mind do make and publish this my

last will and testament in the manner and form following:-

My property consisting of my farm and stock on the farm

and all other property belonging to me; except the household furn

=nature; which furnature I give and bequeath in equal

proportions between my daughters Christian Wise, Minerva

Wise and Alora Wise; the said farm and property to be sold and

distributed as follows: - First, that my funeral expenses and all my

just debts be fully paid.

Second. I give and bequeath to Phillip Wise the sum of one

hundred dollars, and the rest of my property I bequeath and divide

equal between my children Duncan Wise, Christian Wise,

Minerva Wise, William E. Wise, Alora Wise and Samuel Wise.

And lastly I hereby constitute and appoint George T. Wolfley to be

the executor of this my last will and testament, revoking and

annulling all wills by me made; and ratifying and confirming

this and no other to be my last will and testament.

On this 5th day of February one thousand eight hundred

and sixty three. (signed) Susan Wise [seal]

In the presence of

(signed) Duncan P. Darst

Samuel Darst (end of the will.)

Record of the testimony.

The State of Ohio Delaware County Ss.

We Duncan P. Darst and Samuel Darst being duly sworn in

open court this 17th day of March A.D. 1864. depose and say that

we were present at the execution of the last will and testament of

Susan Wise hereto annexed, that we saw the said testatrix

subscribe said will and heard her publish and declare the
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 184)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 184)

Description

[page 184]

[corresponds to page 152 of Will Records Vol. 4 - 1859-1869]


Record of the will of Susan Wise, March 17th 1864


same to be her last will and testament, and that the said

testatrix at the time of executing the same was of

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

restraint, and that we signed the same as witnesses at her

request and in her presence and in the presence of

each other. (Signed) Duncan P. Darst

Samuel Darst

Sworn to and subscribed before me this 17th day of

March A.D. 1864. T.W. Powell Probate Judge.

________________________

Record of the Will of William Shaw decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on

the 17th day of March A.D. 1864.

This day the last will and testament of William Shaw late

of Berlin Township decd. was presented for Probate and record.

Thereupon William B. Shaw and John Gregg the witnesses to

said will came into court and were duly sworn and examined

and their testimony reduced to writing and annexed to the will

and filed therewith; and it appearing to the court that the said

will was duly executed and attested; and that the testator at the

time of executing the same was of full age, and of

sound mind and memory and not under any restraint

thereupon the court upon consideration thereof orders that

the said will be admitted to probate and duly proved as the last

will and testament of the said William Shaw decd. and ordered

to be recorded as such.

Copy and record of the will.

Know all men by these present that I, William Shaw of

Berlin Township Delaware County of the State of Ohio, being of

a sound mind mind and memory do make and publish this

my last will and testament as follows:-

I give and bequeath to my brother Samuel Shaw his heirs and

assigns, the following, beginning at the N. East corner of lot No. 27

in Sec. 2. Township 4. Range 18, thence South 50 perches, thence

west 40 perches, thence north 50 perches to the north line of the

said lot No. 27, thence following said line to place of beginning

excepting such portions of said lot as is cut off and occupied by

the curve of the C.C. & C.R.R.

And I appoint my brother Samuel Shaw as executor of

this my last will and testament, in testimony whereof I have

set my hand and seal and publish and declare this my last

will and testament in the presence of these witnesses this 27th

day of November in the year of our lord 1862.

(Signed) William Shaw

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 185)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 185)

Description

[page 185]

[corresponds to page 153 of Will Records Vol. 4 - 1859-1869]


Record of the Will of William Shaw decd. March 17th 1864.


Signed, sealed, published and declared by the said William Shaw

as and for his last will and testament in the presence

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

we in the presence of each other have subscribed our

names. (subscribed) W.B. Shaw

John Gregg

Record of the testimony as reduced to writing.

The State of Ohio, Delaware County, Ss.

We William B. Shaw and John Gregg being duly sworn

in open court this 12th day of March A.D. 1864. depose

and say, that we were present at the execution of the

last will and testament of William Shaw hereto annexed

that we saw the said testator subscribe said will and heard

him publish and declare the same to be his last will

and testament and that the said testator at the time of

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

and memory and not under any restraint, and that

we that we signed the same as witnesses at his request

and in his presence and in the presence of each other.

(Signed) William B. Shaw

John Gregg

Sworn to and subscribed before me this 12th day of March

A.D. 1864. T.W. Powell Probate Judge

___________________________


Record of the Will of Joseph Greenlee decd.

Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his

office in the town of Delaware on the 25th day of March

A.D. 1864.

This day John Greenlee presented the last will and testament

of Joseph Greenlee late of Troy Township decd. for probate and record.

Thereupon John Cunningham and Joseph C. Bishop witnesses

to the said will came into court and were duly sworn and exam=

=ined, and their testimony reduced to writing, and now annexed to

the will and filed therewith; and it appearing to the court that

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

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

sound mind and memory and not under any restraint. There=

=upon the court, upon consideration as the last will and testament of

the said Joseph Greenlee decd. also ordered to be recorded as such.

Widow elects to take under the will, See Jour. 2.284.

Copy and record of the will.


I Joseph Greenlee of the County of Delaware, Ohio do

make and publish this my last will and testament in manner

and form following:-

First. it is my will that all my personal property and effects be sold,
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 186)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 186)

Description

[page 186]

[corresponds to page 154 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Joseph Greenlee decd. March 25th 1864


except what is hereinafter named, and the proceeds thereof be

applied, or so much as may be needed to pay my just debts

and expenses.

2d it is my will that my wife Elizabeth Greenlee have in lieu

of her one year's provisions the balance of the proceeds of

the personal property and all the household and kitchen

furnature, beds and bedding, clothes etc.

3d It is my will that my said wife have in lieu of her

dower, the use and control of the farm on which I now reside

containing about one hundred and fifty acres of land

during her natural life.

4th It is my will that at the death of my said wife the said

farm be appraised and divided as follows; my son John

Greenlee choosing two feeholders and Jane Main wife

of Joseph Main, Martha Main wife of Cornelius Main and

Albert Greenlee choosing two others feeholders; and that they

proceed, after being duly sworn to appraise said farm at

cash value, and that my son John Greenlee have the rite

to take the farm at the appraisement by paying Martha Main

one hundred dollars, and after that pay each of my daughters

Jane Main, Martha Main and my nephew Albert Greenlee one

half of said appraisement in four equal payments one fourth

and one fourth in three years, without interest; and that if the

said John Greenlee should decline to take the said farm

at the appraisement, then the said farm be sold and the pro=

=ceeds be divided as follows; My son John Greenlee shall have

one half, and Martha Main shall have one hundred dollars

and the balance divided equally between my daughter

Jane Main, Martha Main and my nephew Albert Greenlee

5th To carry out my said will I hereby constitute and appoint my

son John Greenlee my executor to execute my said will.

Executed this 16th day of April ) (Signed) Joseph Greenlee

A.D. 1858, and signed by us in his presence )

and at his request. )

(signed) John Cunningham )

Joseph C. Bishop ) (End of the Will)


(Copy & record of the testimony) The State of Ohio, Delaware County Ss.

We John Cunningham and Joseph C. Greenlee being duly sworn in open

court this 25th day of March A.D. 1864, depose and say that we were present at the execution

of the last will and testament of Joseph Greenlee hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and declare the same to be his

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

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

and that we signed the same as witnesses at his request, and in his presence, and in the

presence of each other. (Signed) John Cunningham

Sworn to & subscribed before me this 25th day ) Joseph C. Bishop

of March A.D. 1864. T.W. Powell Probate Judge)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 187)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 187)

Description

[page 187]

[corresponds to page 155 of Will Records Vol. 4 - 1859-1869]


Record of the Will of James Cherry - Recorded April 26th /'64

Proceedings had before Thomas W. Powell Judge of the Probate Court

in and for the county of Delaware & State of Ohio, at his office

in the town of Delaware, on the 26th day of April /'64.


Will of James Cherry late of Franklin County Ohio, decd.

This day William Jamison Executor of the late will and

testament of James Cherry late of Franklin County in this state decd.

presented the authenticated copy of the record of the said last

will and testament and codicil of the said James Cherry duly

proved and admitted to record by the Probate Court of Franklin

County, and requested the same to be admitted to record in this

court and county; and upon consideration thereof the same is as

admitted and ordered to be recorded. T.W. Powell Probate Judge



James Cherry's Will

Probate Court December 26th 1'63 -

In the matter of the last will and testament and codicil

thereto of James Cherry deceased.

Be it remembered that on this the 26th day of December A.D. /'63

the last will and testament and codicil thereof of James Cherry

late of the City of Columbus, Ohio deceased (who died on or about the

day of December 1863) was produced in open court and offered for

probate. Thereupon appeared in open Court Frederick Frison and

Peter Hinterschitt two of the subscribing witnesses

to said will and also appeared Benjamin F. Martin and

William T. Martin two of the subscribing witnesses to the codicil

to said will and all of said witnesses were duly sworn and on

oath testified to the due execution of said will and the codicil,

thereunto which testimony was reduced to writing and filed with said will and codicil,

And it appearing to the court by said testimony that said will and

codicil thereto wad duly attested and executed and that said

James Cherry at the time of executing the same was of full age,

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

It is therefore ordered by the Court that said will and the

Codicil, be, and are the same hereby are admitted to probate

and that the same together with the testimony so reduced

to writing be recorded in the record of wills in this office.

Herman B. Albery-

Probate Judge

Will-

In the name of the Benevolent Father of All;

I James Cherry of the

City of Columbus Ohio, being in perfect health and sound mind

and memory and understanding (thanks be to Almighty

God for the same) being mindful of my mortality do make &

constitute this my last will and testament in manner and

form following, that is to say: It is my will that all my just

debts and funeral expenses be paid out of any money on
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 188)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 188)

Description

[page 188]

[corresponds to page 156 of Will Records Vol. 4 - 1859-1869]


Record of James Cherry decd.

hand or the first receiveable. If my decease shall take place when

Item 2nd I am Administrator of the estate of any person and there shall

be any money in my hands at the time belonging to such estate

or heirs it is my will and desire that in each and every such

case the same shall be immediately paid over as soon as the

amount is satisfactorily ascertained (all of which will be fully

shown by any examination of any Adminsitration book of accounts

and the vouchers on file) to the person or persons legally authorized

to receive the same out of the money on hand and first receivables

until all such are fully paid.

I give and bequeath to my worthy and beloved wife Hannah

Item 3d R. Cherry in lieu of her dower, the use of the following premises

together with the Brick House we now occupy standing thereon

situated on lot No 217 on Friend Street in the City of Columbus

to wit: Commencing on the South line of said lot No. 217 fifty

nine feet from the south east corner of the lot, and running from

thence west with said south line of the lot forty eight and a

half feet to the southwest corner of my office, then northward

at a right angle twenty seven and a half feet, at a right angle

eastward four feet, then at a right angle northward (parallel

with the end lines of subdivision Nos. 1.2.&3) to within ten feet of

the Alley, then eastward parallel with the line of said private

Alley nine feet, then northward at a right angle to said

private alley, then eastward with the line of said alley to within

fifty nine feet of Fair Alley, thence southward across the lots

Nos. 2/6 & 2 to the place of beginning. To have and to use as her own

during her natural life and afterwards to my heirs as here=

=inafter devised: I do also give and bequeath to my said wife

all my household furniture in said house, that she may select

and desire for her own use and convenient: And I also give

and bequeath to her four hundred ($400) dollars in cash for the

maintenance of herself and children one year, to be paid to

her quarterly in advance out of any money receivable for notes

or other uses. I also give and devise to her, my said wife,

one hundred and fifty ($150) dollars annually so long as she

lives and remains my widow after the first year from my

decease which first year is above provided for out of which is to

pay the taxes that may [ ] the Brick House and premises

set off to her as aforesaid after the first year, And it is my

will further that if my decease takes place before my young

child shall be 14 years of age that my wife shall be the

guardian of my children if she remains my widow (but

not otherwise) until they arrive at lawful age to choose

their own guardian. And after the first year from my

decease all expenses for the maintance of my children shall

be paid out of my estate- I also give to my said wife in

trust my Gold Silver Watch, to be kept safely until my son

James Dean shall be twenty one years of age when he
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 189)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 189)

Description

[page 189]

[corresponds to page 157 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

is to have my said watch if he is living, and if he is not living

my son William Edgar Woods shall have it when he arrives

at age, and if neither of my said sons shall live to maturity

then my daughter Ann Hannah Loyd is to have the said

watch. It is my will that my children (three) James Dean,

Item 4th

Ann Hannah Loyd, and William Edgar Woods and if it

shall so happen that I shall have anymore children whether

sons or daughters, as they become old enough to attend school

they shall be kept strictly at school if possible and their

health will permit until they shall all obtain as thourough

an education as is taught in our Columbus High School

and all the reasonable expenses thereof shall be paid out of my

estate; Always avoiding all unnecessary and extravagant

expenses. And after my Sons get through their schooling and

graduate, then they must learn trades, teach school, study

some profession or get into some employment that their

inclinations may lead them to procure as to provide for them=

selves by the time they are Eighteen or at farthest nineteen

years of age.

Item 5th It is my will and I also devise that my in-lot No. 61 fronting

on Hill Street in South Delaware in Delaware Co. Ohio with its

improvements and appurtenances shall be sold as soon after

my decease as it can conveniently be done (if I do not sell

the same in my life time) at either public private sale

at the discretion of my Executor. If at public sale Thirty

days notice must be given in two newspapers printed in

the town of Delaware and in general circulation. But it

shall not be sold for less than two thousand dollars in

cash, or in payments of five hundred in hand and the

balance in annual payments of not less than two hundred

and fifty dollars with lawful interest, and the interest

on all the deferred payments to be paid annually. All to

be secured by mortgage on the premises - And if the said

property is not sold within three years after my decease

my Executor shall select three disinterested feeholders in

the vicinity of the property who upon their oath shall

appraise the same at cash value, and then it may be

sold for two thirds of the appraisal value, if it will not

bring more, and the payments interest and mortgage

as above specified - And until the said property is sold

it shall be kept in repair and rented annually or for a

term of not more than three years at a time: always

taking care to have the rents payable monthly or quartily

or well secured. It is my will and I so devise that

Item 6th when my said Delaware property shall be sold, I give one

half the price or amount which it shall sell to my daughter

Achsah Musqurove Duden and so long as the property is

not sold, but rented she is to receive one half of the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 190)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 190)

Description

[page 190]

[corresponds to page 158 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

nett rents after the payments of taxes repairs, insurance and

expenses renting etc to be paid to her at least twice a year or

as fast as the rent is received which shall be in full to her for

Item 7th her share in my estate - I give and devise to my Grand

son James Owen Milligan Fifty dollars to be paid to him

within two years after my decease, if he shall then be living

wherever there shall be that amount on hand or receivable.

Item 8th I give and devise to my Grand daughter Margaret Caroline

Milligan Fifty dollars to be paid to her within one year

after my decease if she shall then be living whenever there

shall be that amount on hand or receivable.

Item 9th It is my will and I do so devise that none of my real

estate in Columbus shall be sold until my youngest child

shall arrive at age or not until the first day of June 1880,

except my undivided two thirds of Inlot No. 234 (in the City of

Columbus purchased of George Ward, Charles Houseman as

per deeds on record and also filed with my papers this last

mentioned property may be sold at any time when it shall

become necessary for the support and education of my children

if I do not dispose of it in my life time. So long as it is not

sold, it is my will that my Executor shall take charge of it

and attend to the renting of it and receiving my portion of

the rent - And further it is my will and I so devise that

my Executor shall take charge of all my real estate, except

that set off to my wife and keep it in reasonably good repair

to get the rent secured in all cases, either in advance payment

or by security, and for so renting and collecting rents and

paying taxes he shall retain five per cent on the amount so

received for his services for so doing.

Item 10th It is my will and desire that if my son James Dean shall

live to arrive at age that he will take an interest in mana=

-ging and taking care of the property for the mutual benefit

of himself and his brother and sister, and if he shall live

and do so, he may receive his share of the net proceeds or income

of said property (after paying taxes and keeping up repairs)

until his brother and sister arrive at age - and I desire of him

to render his mother all the aid and assistance that a dutiful

son ought & can do -

Item 11th It is my will and I so devise that after my children shall

all arrive at lawful age, and after the death of my wife

all my real estate in Columbus may or may not be sold

by my children as they may then determine or they may have

it divided between them as it may best suit them at that time

And it is so intended that the division shall embrace every

thing belonging to my estate whether it be realty money

obligations or any other property. And that the said division

shall be equal giving to each child an equal amount.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 191)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 191)

Description

[page 191]

[corresponds to page 159 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

Item 12th It is my will and I so devise, that as soon after my decease as

shall be suitable and convenient, all my goods and chattels of

every description in and about my premises that are not selected

by my wife for her own use shall be inventoried and sold

according to law: And also an inventory taken of all my

assets that I may possess at the time of my decease: And

all money at interest and secured by mortgage on unincumbered

real estate may be left standing uncollected until neaded,

and all surplus and unneeded money may be put on interest

at the highest lawful rate, always taking mortgages on

unincumbered real estate for security. As I have no individual

debts to pay I wish all my money to be kept on interest until needed

for some purpose, or as much so as possibly.

Item 13th And lastly I nominate my friend Hon William Jamison

of the City of Columbus to be Executor of this will, and I desire

him as soon after my decease as may be convenient to

enter upon the duties of an Executor, and discharge the duties

thereof to the best of his abilities, I having full confidence

in his capacity. In testimony thereof I hereunto set my

hand and seal this 20th day of May A.D. one thousand

Eight hundred and Sixty three - James Cherry [seal]

Signed sealed and acknowledged by the Testator in our

presence and we in his presence and in the presence of

each other have witnessed the same, he declaring it to be

his last will and Testament.

I. Reinhard

Fred Fricson

C. Krauss

Peter Winterschill

I James Cherry the testator above named do hereby

make the following codicil or amendments to the following

will. First amendment - The 5th and 6th sections (or items)

relating to my Delaware property and to my daughter

Achsah Musgrove Duden, are for changed that the said

property is to be sold within one year after my decease

at fartherest, and and the first one thousand dollars ($1000)

received from the sale thereof is to be immediately paid over

to my said daughter Achsah Musgrove Duden, and is to

be his full of her portion of my estate.

Second Amendment. The fifty dollars divised to my

Grand son James Owen Milligan as expressed in the 7th

section (or item) are now owing to his death to be given

to his sister Margaret Caroline Milligan.

Third Amendment - In addition to the Wm. William

Jamison named in the 13th section (or item) as Executor I

hereby nominate and appoint my friend Alfred Thomas

of Columbus to be Co-Executor with said Jamison.

In witness whereof I hereto put my hand and seal this

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 192)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 192)

Description

[page 192]

[corresponds to page 160 of Will Records Vol. 4 - 1859-1869]


Will of James Cherry decd.

2nd day of December A.D. 1863. his

James x Cherry

mark

Signed sealed and acknowledged in our presence and in his

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

witnessed the same.

B.F. Martin

O.W. Lattines

W.T. Martin

Proof -

The State of Ohio.

Franklin County S.S. (Probate Court

We Fred Frisin and Peter Winterschitt being duly sworn

in open court, this 26th day of December A.D. 1863 depose and

say, that we were present at the execution of the last will

and testament of James Cherry deceased, hereunto

annexed; That we saw said testator subscribe said will

and heard him publish and declare the same to be his

last will and Testament: And that the said James Cherry

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

sound mind and memory, and not under any restraint

And that we signed the same as witnesses at his request

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

F. Fiser

P. Winterschitt.

Sworn to and subscribed in open Court the day and

year first above written.

H.B. Albeny

Probate Judge

The state of Ohio

Franklin County S.S. (Probate Court

We B.F. Martin and W.T. Martin being duly sworn

in open court this 26th day of December A.D. 1863, depose

and say, that we were present at the execution of the

codicil to the last will and Testament of James Cherry

deceased hereunto annexed. That we saw said testator

subscribe said codicil to said will by making his mark

and heard him publish and declare the same to be a codicil

to his last will and Testament: And that the said James Cherry

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

sound mind and memory and not under any restraint

And that we signed the same as witnesses at his request

and in his presence and in the the presence of each other.

B.F. Martin

W.T. Martin

Sworn to and subscribed in open court the day and year

first above written - H.B. Albeny

Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 193)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 193)

Description

[page 193]

[corresponds to page 161 of Will Records Vol. 4 - 1859-1869]


Record of the will of Ishmael Jones decd.

H.B.A. Dec. 26th 1863 )

Intervenue Stamp )

$1, one Dollar. $.1. )

Probate Court rooms

Franklin County Ohio.

Columbus. O. March 22nd 1864.

Testify that the foregoing is a true copy of the last will and

Testament and codicil of James Cherry deceased as the same

remains of Record in will Record Number "E" Pages one

to seven inclusive

John M. Pugh.

Probate Judge

end of the record. T.W. Powell Probate Judge

_________________________________


Record of the will of Ishamael Jones decd.


Proceedings had before Thomas W. Powell Judge of the Probate Court in and

for the county Delaware and State of Ohio; at his office in the Town of

Delaware on the 4th day of April 1864.

This day the last will and testament of Ishmael Jones late of Radnor

in this county decd. was presented to the court for probate and record.

Thereupon Elisha Cox and Hubard Davis, witnesses to the said will came

into court and was duly sworn and examined and their testimony

reduced to writing, and now anexed to the will and filed therewith;

and it appearing to the court that the said will was duly executed and

attested; and that the said testator at the time of executing the same

was of full age, and of sound mind and memory and not under

any restraint, thereupon the court, upon consideration thereof,

orders that the said will be admitted to probate duly proved as

the last will and testament of the said Ishmael Jones decd. and ordered

to be recorded as such.

T.W. Powell Probate Judge

Copy and record of the will.

In the Name of the Benevolent Father of all.

I Ishmael Jones of the Township of Radnor County of Delaware and state of

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

Item 1st I give an devise to my beloved wife in lieu of her dower all my household

goods and furniture and one third of the products of the farm during her

natural life.

Item 2nd I give and devise to my Daughter Mary Ann Rosette

Five Dolars.

Item 3th I give and devise to my son Ishmael Andrew Jones the farm on which

I now reside and all my stock Farming utensils, moneys and credits

after paying my just debts. if he should die without issue the

property shall go to the support of the Calvin Methodist Church in

Delhi.

Item 4th I do hereby nominate and appoint Ishmael Andrew Jones

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 194)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 194)

Description

[page 194]

[corresponds to page 162 of Will Records Vol. 4 - 1859-1869]


Record of the will of Andrew Pitts decd.

Executor of this my last will and testament hereby authorizing and empowering

him to compromise adjust release and discharge in such manner as he may

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

him if it shall become necessary in order to pay my debts, to sell by private

sale or in such manner upon such terms of credit or otherwise as he

may think proper all or any part of my real estate and deeds to

purchases to execute acknowledge and deliver in fee simple, I do hereby revoke

all former wills by me made. In testimony whereof I have hereunto

set my hand and seal this 21st day of December in the year 1863.

Ishmael Jones [seal]
Signed and acknowledged by said

Ishamel Jones, as his last will and testament

in our presence and signed by us as in his

presence.

Elisha Cox.

Hubard Davis.

The State of Ohio, Delaware County Ss.

We Elisha Cox, Hubard Davis being duly sworn in open court this

fourth day of April, A.D. 1864, depose and say, that we were present

at the execution of the last will and testament of Ishmael Jones hereuto

anexed; that we saw the said testator subscribe said will, and heard

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

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

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

any restraint, and that we signed the same as witnesses at

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

Elisha Cox

Hubard Davis

Sworn to and subscribed before me this 4th day of April, A.D. 1864.

T.W. Powell,

Probate Judge

T.W. Powell

____________________________________


Record of the will of Andrew Pitts decd.


Proceedings had before Thomas W. Powell Judge of the probate

court in and for the county Delaware and state of Ohio, at his

office in the town of Delaware on the 5th day of April, 1864.

This day the will and testament of Andrew Pitts, late of Tompson

Township decd was presented to the court for probate and record.

Thereupon Emanuel Hite, and Elias Deal, witnesses to the said will came

into court and were duly sworn and examined and their testimony

reduced to writing, and now annexed to the will and filed therewith;

and it appearing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the same was of

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

thereupon the court upon consideration thereof, orders that the said

will be admitted to probate as duly proved as the last will and testament

of the said Andrew Pitts decd. and ordered to be recorded as such.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 195)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 195)

Description

[page 195]

[corresponds to page 163 of Will Records Vol. 4 - 1859-1869]


Will of Andrew Pitts decd.


Copy of the will of Andrew Pitts.


The State of Ohio Delaware County, Ss. Thursday, August the 6th A.D. 1863.

I Andrew Pitts hereby wish my property to be disposed of as follows.

I request that my wife Elizabeth S. Pitts, to have the entire control of the property

owned by me during her life time, she shall have the power to sell the land

owned by me, being parts of Lots No 22 and 23. as servade by Joel Wright, for

Baum and Perry, and to make a good and lawful deed, for the same,

Provided that the same amount of land or more land is bought, and the

said E.S.Pitts is to have and controle the land bought the same as the

land afore said, No 22 & 23 containing 80 acres, her life time at her death

it is to be equaly devided betwene my three children James E Pitts and

George B. Pitts and Mary L. Pitts, my chattels is to pay my credetors

whereas I set my hand and seal.

Andrew Pitts. [Seal]

Witness. Emanuel Hite

Elias Deal

The State of Ohio, Delaware County, Ss.

We Emanuel Hite and Elias Deal being duly sworn in open court this 5th

day of April A.D. 1864 depose and say, that we were present at the execution

of the last will and testament of Andrew Pitts hereto annexed; that we

saw the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and that the

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

sound mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his presence, and in

the presence of each other.

Emanuel Hite.

Elias Deal.

Sworn to and subscribed before me this 5th day of April A.D. 1864

T.W. Powell

Probate Judge

End of the record. T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 196)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 196)

Description

[page 196]

[corresponds to page 164 of Will Records Vol. 4 - 1859-1869]


Record of the will of Orrin Barrows decd.


Record of the will of Orrin Barrows decd.


Proceedings had before Thomas W. Powell Judge of the probate court in and for

the county Delaware and state of Ohio, at his office in the Town of Delaware

on the 23 day of April 1864. This day the last will and testament of Orrin

Barrows late of Orange Township in this county deceased, was presented to the

court for probate and record; thereupon William Bockoven, Gustin

Havens and James Ferson Jr, the witnesses to the said will came into

court and were duly sworn and examined and their testimony

reduced to writing, and now annexed to the will and filed therewith

and it appearing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the same was of full

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

thereupon the court upon consideration thereof orders that the said

will be admitted to probate as duly proved as the last will and testament

of the said Orrin Barrows decd and orders it be recorded as such.


Copy of the will of Orrin Barrows.

I Orrin Barrows of orange Township Delaware County State of Ohio being of sound

and disposing mind, memory and understanding, do make, publish and

declair this to be my last will and testament; hereby revoking and making

nul and void all former wills & testaments and writings in the nature

of last wills & testaments by me heretofore made.

1st My will is first that my funeral charges and just debts shall be paid by

my Executor herein after named.

2d The residence of my estate and property which shall not be required

for the payments of my just-debts, funeral charges and the expense of

the execution of this my last will and the administration of my estate

I give devise and dispose thereof as follows, to wit I give devise and grant

to my son Hilo F. Barrows the farm on which I now live situated in

said Orange Township Delaware County State of Ohio and in Range

Eighteen Township three section one of the United States military

survey being the North part of lot No 2. Also I give & bequeath to said Philo F.

Barrows my son aforesaid all the rest & residue of my estate real, personal

and mixed of which I shall be seized and possessed, or to which I shall be entitled

at the time of my decease to have and to hold the same to him and to his heirs execut-

=ors, administrator & assigns, to his and their use and behalf for ever:

Provided however that he pay to my grand daughter Sarah Llewellyn

Harris daughter of my daughter Oerel J. Harris Decd fifty dollars, one

half thereof in six months after my decease & the other half in

one year from that time. Also that he pay to my grand daughter

Oerel Clara Harris daughter of my said daughter Oerel J. Farris

deceased the sum of fifty dollars to be paid to her Guardian, one

half of said sum in six months after my decease and the other be

in one year from that time; Also that said Hilo F. Barrows shall

pay to my daughter Louisa O. Lincoln two hundred dollars, one half

thereof in six months after my decease, and the other half in one

year from that time (this sum of two hundred dollars I devise to

my said daughter Louisa O. Lincoln, and her heirs to be equally

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 197)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 197)

Description

[page 197]

[corresponds to page 165 of Will Records Vol. 4 - 1859-1869]


Will of Orrin Barrows decd.

divided between her said heirs at her decease)

3d I do nominate and appoint my said son Hilo F. Barrows to be the sole

executor of this my last will and testament: and it is my wish

& request that my said executor administer on this my last will

and testament without being required to give bond or have the property

appraised or any inventory of the same made or returned to court

having full confidence in the ability & integrity of my said son

my said Estate as required by this my last will & testament.

in testimony whereof I the said Orrin Barrows have hereto

subscribed my name and fixed my seal this seventh day of November

A.D. 1863

Signed, sealed and declared by

said Orrin Barrows to be his last

will and testament in presence

of us, who at his request and

in his presence have subscribed our names

as witness hereto in the presence of each other.

Willam Bockoven

Gustin Havens

James Ferson Jr.

The State of Ohio, Delware County Ss.

We William Bockoven, Gustin Havens and James Ferson Jr.

being duly sworn in open court this 23d day of April A.D. 1864

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

will and testament of Orrin Barrows hereto annexed; that we

saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same

was of full age, and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses at his

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

William Bockoven

Gustin Havens

James Ferson Jr.

Sworn to and subscribed before me on this 23d day of April A.D. 1864.

T.W. Powell Probate Judge

End of the Record T.W. Powell Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 198)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 198)

Description

[page 198]

[corresponds to labeled page 166 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Margaret Fowler decd.

Proceedings had before Thomas W. Powell Judge of the Probate Court in and for

the County Delaware and State of Ohio, at his office in the Town of Delaware

on the 21st day of May 1864.

This day the last will and testament of Margaret Fowler late of Porter Town-

=shipe in this County decd. was presented to the court for Probate and

record. Thereupon Charles Wilcox and Salmon P. Lott, the witnesses of the

said will came into Court and were duly sworn and examined, and their

testimony reduced to writing and now annexed to the will and filed there

with; and it appearing to the court that the said will was duly esecu-

ted and attested and that the testatrix at the time of executing the same

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

restraint; Thereupon upon consideration thereof, the Court orders that

the said will be admitted to probated as duly proved as the last will

and testament of the said Margaret Fowler decd. and ordered to be recorded

as such.

In the name of the Benevolent Father of all I Margaret S. Fowler

of the Township of Porter County of Delaware in the State of Ohio being of

sound mind and memory Blessed be Almity God for the same do make

and publish this my last will and testament.

I give and bequeath to Jane Hemminger and Lydia Grummond all my

wearing apperal household goods and furniture.

Item 2nd I give and bequeath to the aforesaid Lydia Grummond my

gold beads

Item 3rd I give and bequeath to John F. Hemminger a house and lot in the

village of East Liberty owned by me.

Item 4th I give and bequeath to Charles E. Hemminger one hundred dollars

in money

Item 5th I give and bequeath to Fowler and Austin Grummond four

hundred dollars each in money

Item 6th I give and bequeath to Jane Ann Hemminger & Lydia Grummond

the ballance of my money in Equal potions after paying my legal

debts and Funeral charges

Item 7th I give and bequeath to Jane Ann Hemminger my silver tea

and sauce spoons

I hereby revoke all former wills made by me, I hereby constitute and

apoint Charles Wilcox the executor of this my last will & testament

In testimony hereof I have hereunto set my hand and seal this 24th day

of March 1864. her

Signed sealed and acknowledged ) Margaret x Fowler {seal}

in presence of ) mark

Charles Wilcox. )

S.P. Lott )

Copy of the testimony. ~

The State of Ohio, Delaware County Ss.

We Charles Wilcox and Salmon P. Lott being duly sworn in open court

this day of May A.D. 1865. depose and say, that we were present at the

execution of the last will and testament of Margaret Fowler hereto annexed;
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 199)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 199)

Description

[page 199]

[corresponds to labeled page 167 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Margaret Fowler decd.


that we saw the said testator subscribe said will, and heard him publish and

declare the same to be her last will and testament, and that the said testator at

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

memory, and not under any restraint and that we signed the same as

witnesses at her request and in her presence, and in the presence of each

other

Charles Wilcox.

Salmon P. Lott.

Sworn to and subscribed before me this 21st day of May A.D. 1864.

T.W. Powell, Probate Judge.

______________________________


Record of the Will of Irvin McD. Finch decd


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the county of Delaware and State of Ohio, at his office

in the Town of Delaware on the 27th day of June A.D. 1864.

This day the last will and testament of Irvin McD. Finch late of

this county, deceased, was presented to the court for Probate and record

Thereupon the said Will was duly proved by the testimony of James R.Hubbell

and Thomas W. Powell whose testimony was reduced to writing, and now

annexed to the said Will and filed therewith; and it appearing to the court

that the said will was duly executed and attested; and that the said testator at

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

and memory, and not under any restraint; Thereupon, upon consider

=ation thereof, the Court orders that the new will be admitted to probate

as duly proved as the last will and testament of the said Irvin McD Finch

decd and ordered to be recorded as such.

Copy of the Will.

The Will and testament of Irvin McD. Finch. I, Irvin McD. Finch

do hereby make this my last will and testament as follows, to wit: ~

As I am now about to go into the service of the United States

in the War against the Secession Rebellion, and in case I should

die while about it is my will and I accordingly will and devise

my real property as follows to wit: ~ first, that my executor sell and

dispose enough thereof to pay all my just debts; and the residue thereof

I will, give and devise to my grand Mother, Mary Grimes Gaston for

and during her life time, and after her death to be divided equally

amongst her children and their heirs forever.

I hereby make, constitute and appoint Robert Gaston executor

of this my last will and testament; and give him full power and authority

to sell and convey sufficient of my real property to pay my said debts and

pass over to my Grand Mother the residue thereof as aforesaid.

Signed & published as my will this 11th day of June 1861.

(Signed) I.M. Finch {seal}

Done in our presence as witnesses thereto )

(signed) James R. Hubbell )

T.W. Powell )

[seal] (over).
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 200)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 200)

Description

[page 200]

[corresponds to labeled page 168 of Will Records Vol. 4 - 1859-1869]


Record of the will of Irvin McD. Finch decd.

Continued. Copy of the testimony in proof of the will.

The State of Ohio, Delaware County S.s.

I, James R. Hubbell being duly sworn in open court this 27th day

of June A.D. 1864, depose and say that we were present at the execution of

the last will and testament of Irvin McD. Finch hereto annexed; that we

Thomas W. Powell and this affiant saw the said testator subscribe said will

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

=ment, and that the said testator at the time of executing the same, was of

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

that we signed the same as witnesses at his request and in his presence and

in the presence of each other. And the said Hubbell says that the said will

was duly witnessed by him and said Powell as witnesses as above states, and

the will then duly executed; and the said Powell is now the Probate Judge of the

County. (signed) J.R. Hubbell

Sworn to and subscribed before me this 27th day of June A.D. 1864.

T.W.Powell Probate Judge

The State of Ohio, Delaware County S.s.

I, Thomas W. Powell being duly sworn this 27th day of June A.D. 1864

depose and say that we this affiant and James R. Hubbell were present

at the execution of the last will and testament of Irvin McD. Finch hereto

annexed; that we saw the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and that the said testator

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

memory, and not under any restraint, and that we signed the same as witnesses

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

(signed) T.W.Powell

[notorial] Sworn to and subscribed before me this 27th day of June A.D. 1864

Henry J. Eaton, Notary Public

in & for said county & state

___________________________ || _______________________________

Record of the will of Hiram A. Fuller decd. July 22d 1864.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the said county of Delaware and the

State of Ohio, at his office in the Town of Delaware on

the 22d day of July A.D. 1864.

This day the last will and testament of Hiram A. Fuller

late of Berkshire Township in this county deceased was

presented to the court for Probate and record. Thereupon

Demos Bricker and David T. Sherman witnesses

to the said will came into court and were duly sworn and

examined, and their testimony reduced to writing and now

annexed to the will and filed therewith; and it appearing to the

court that the said will was duly executed and attested, and that

the said testator at the time of executing the same was of

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

restraint; thereupon the court upon consideration thereof, orders

that the said will be admitted to probate as duly proved as


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 201)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 201)

Description

[page 201]

[corresponds to labeled page 169 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Hiram A. Fuller decd. July 22d 1864


the last will and testament of the said Hiram A. Fuller decd.

and ordered to be recorded as such.

Record of the Will.

In the name of the Benevolent Father of All: ~ I Hiram

A. Fuller of the Township of Berkshire County of Delaware and

State of Ohio, do make and publish this my last will and testa

=ment as follows, to wit: ~ After the payment of all my past debts

I give and bequeath to my son Ralf M. Fuller the farm on

which I reside situated in the township of Berkshire, County

of Delaware and State of Ohio; bounded as follows, to wit; on the

north by lands owned by Joseph Prince, on the east by the road

on the south by the lands owned by the heirs of James Jones;

on the west by lands owned by J. Hoskins, containing ninety nine

acres. The said Ralph M. in consideration of the above bequest

shall furnish to myself & Rody my wife a good & sufficient

support and provide for all our wants both in sickness and

in health; and at our deaths severally a respectable burial

and cause to be erected tomb stones over our graves. After

my death and the death of my wife Rody, the above mentioned

farm shall be divided between Ralf M. Fuller and Lydia A.

Gregg, as follows, to wit; the part assigned to Ralf M. Fuller shall be

bounded by commencing at the north east corner of the farm,

thence South twenty six & a half rods; thence west eighteen rods;

thence north three rods; thence west eighteen rods; thence south

one and a half rods; thence west to the west line of the said lot;

all the lines running west to be parallel with the north line of

said lot; containing fifty acres more or less; the said Ralf M.

Fuller to have the privilege of watering his stock at the spring on

the south half of the farm. The balance of the my farm being the

south part and containing forty nine acres, I give and bequeath

to Lydia A. Gregg, on condition that she pay to the heirs of Hiram

C. Fuller and to the heirs of Samuel L. Fuller the following sums to

wit; nine hundred dollars in payments as follows, three hundred

dollars one year after the death of myself and

Rody my wife; three hundred dollars two years after the date of

the first payment; three hundred dollars two years after the date

of the second payment; each instalment to be equally divided

amongst the above mentioned heirs severally. I hereby nomin

=ate and appoint Henry Gregg Executor of this my last will and

testament; hereby authorizing & empowering him to adjust release

and discharge in such manner as he shall deem lawful and sight

the claims due to me; and I hereby revoke all former wills made

by me. In testimony whereof I have hereunto set my hand &

seal, this fourth day of March in the year one thousand either hundred

and sixty four. (signed) H.A. Fuller [Seal]

Signed and acknowledged by said Hiram A. Fuller as his )

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

presence. (signed) Demos Bricker, D.J. Sherman, David Gregory )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 202)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 202)

Description

[page 202]

[corresponds to labeled page 170 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Hiram A. Fuller. July 22d 1864.

Copy of the testimony, to wit:~

The State of Ohio, Delaware County S.s.

We Demos Bricker and David J. Sherman, being duly sworn

in open court this 22d day of July A.D. 1864, depose and say that

we were present at the execution of the last will and testament of

Hiram A. Fuller hereto annexed; that we saw the said testator

subscribed said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at the

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

mind and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his pres

=ence, and in the presence of each. and they further say that

David Gregory the third witness to the said will has left this county and

gone to some place unknown in California.

(Signed) Demos Bricker

D.J. Sherman.

Sworn to and subscribed before me this 22d day of July A.D. 1864.

J.W. Powell Probate Judge

_________________ || _______________________

Record of the will of Enoch Domigan decd.

Proceedings held before Thomas W. Powell Judge of the

Probate Court in and for the said county of Delaware

at his office in the Town of Delaware on the 15th day of

August A.D. 1864.

This day the last will and testament of Enoch Domigan

late of the said county decd. was presented to the court for probate

and record. Thereupon James P. Crawford and Susan Crawford

witnesses to the said will came into court and were duly sworn

and examined, and their testimony reduced to writing and now

annexed to the will and filed therewith; and it appearing to the

court, that the said will was duly executed and attested, and that

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

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

thereupon the court upon consideration thereof orders that

the said will be admitted to probate as duly proved as the last

will and testament of the said Enoch Domigan decd. and ordered

to be recorded as such.

Copy of the will.

In the name of the Benevolent Father of All.

I Enoch Domigan do make and publish this my last will

and testament.

Item 1st I give and devise to my beloved wife in lieu

of her dower, one third of the valuation of the farm on which

we now reside, situated in the county of Delaware and state of Ohio
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 203)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 203)

Description

[page 203]

[corresponds to labeled page 171 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Enoch Domigan. August 15th 1864.

in R.17. Tp.4. S.3. No.S.M. Survey, north east part of Lot No. 22

Referance to a deed from Elijah Carney to said Enoch Domigan,

also one third of all my personal property

money and credits, in case of a division of property between

my wife and my son William, I will that my wife have the

occupancy and control of the east dwelling house; and also

a proportionable occupancy in the barn with my son William,

and that my wife hold and control the above willed real estate

during her widowhood; and if she never marries then, during

her natural life.

Item 2. I give and devise to my son William Domigan

two thirds of the valuation of the farm on which we now reside

as above described; also in case of a division of property between

him and my wife that he have the occupancy and control of

the west house together with his interest in the barn; also an

equal share of the residue of my personal property together

with John Domigan, Hiram Domigan, Elias Domigan,

Lewis D. Domigan and to Jeremiah Domigan. I will and

devise a note of hand for the sum three hundred dollars

given by me to John Jacobus as a part of his legase and

to Eliza Huff Daughter of Ezekiel Domigan I will and

devise forty dollars and to the rest of the heirs of Ezekiel

Domigan I will and devise five dollars each.

Item 3. I do hereby nominate and appoint Ezekiel

Brown and J.P. Crawford executors of this my will and

testament hereby authorizing and empowering them or either

of them to compromise, adjust, release and discharge in

such manner as they may deem proper the debts & claims

due me. I do also authorize and empower them to

pay all my debts and make distribution of my property in

accordance with this my last will and testament. And I do

hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this 13th day of Oct. 1863.

Signed and acknowledged by said Enoch Domigan ) (Signed) Enoch Domigan [Seal]

As his last will and testament in our presence and )

signed by us in his presence (Signed) J.P. Crawford )

Susan Crawford )

The State of Ohio Delaware County S.s. We James P. Crawford and Susan
Crawford

of testimony being duly sworn in open court this 15th day of August
A.D. 1864, depose and say that

we were present at the execution of the last will and testament of Enoch Domigan

hereto annexed; that we saw the said testator subscribe said will, and heard him

publish and declare the same to be his last will & testament and that the said testaor at the time

of executing the same was of full age, and of sound mind and memory and not under any

restraint, and that we signed the same as witnesses at his request and in his presence and

in the presence of each other. (Signed) J.P. Crawford

Susan Crawford

Sworn to and subscribed before me this 15th day of August A.D. 1864.

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 204)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 204)

Description

[page 204]

[corresponds to labeled page 172 of Will Records Vol. 4 - 1859-1869]


Record of the will of John P. Jones decd. Sept. 9th 1864.

Proceedings had before Thomas W. Powell judge of

the Probate Court in and for the county of Delaware at his

office in the Town of Delaware on the 9th day of September

A.D. 1864.

This day the last will and testament of John P. Jones

late of Radnor in this county decd. was presented to the

court for probate and record. Thereupon David Pritchard

one of the witnesses to the said will came into court was duly

sworn and examined, and his testimony reduced to writing

and now annexed to the will and filed therewith; and

it appearing to the court that John N. Cox the other witness

to the said will was deceased, thereupon Joseph N. Cox came

into court, was duly sworn & examined and his testimony

after being reduced to writing as aforesaid; and it appearing

to the said court that the said will was duly executed and

attested, and that the testator at the time of executing the same

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

under any restraint; thereupon the court upon considera

=tion thereof, orders that the said will be admitted to probate

as duly proved as the last will and testament of the said

John P. Jones decd.

Record of the will to wit:~

In the name of the Benevolent Father of All:~

I John P. Jones of Radnor Township, Delaware Co. and

State of Ohio, do make and publish this my last will and

testament.

Item 1st I give and bequeath to my beloved wife Mary Jones

in lieu of her dower the farm known as the Penlan farm

containing one hundred and eighty acres of land during

her natural life. Also all my house hold furnature and

stock, and all personal property belonging to me for her

own use, to be disposed of as she may deem best, after

paying out of the same of my just debts and funeral expenses

2d I also give and devise and bequeath unto my said wife

Mary Jones, the lot, house and school house known as

David Bliett place containing about four acres of land

in fee simple, and after her death to Mary Bourford my daugther

3rd I give and bequeath to Mary Bourford after my death

seven hundred dollars.

4th I give and bequeath unto my son William Jones twenty

dollars to be paid after the death of my wife

Mary Jones; and the same amount to Phillip Jones and Joan

Penry.

5th I give and bequeath unto my three grand children - the

children of my deceased daughter Margaret Allen the sum

of six hundred dollars to be equally divided among them

or the survivors of them, to be paid after my death and my

wife's.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 205)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 205)

Description

[page 205]

[corresponds to labeled page 173 of Will Records Vol. 4 - 1859-1869]


Record of the will of John P. Jones decd. Sept. 9th 1864.

Item 6th Whatever property remains after my decease

and my wife's, to be equally divded between William Jones,

Joan Penry and Mary Bunford.

Item 7th I do hereby nominate and appoint my son William

Jones, David Prichard and Mary Jones my wife as execu=

=tors of this my last will and testament, and do hereby revoke

all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this twenty third day of November in the year of our Lord one

thousand eight hundred and fifty four.

Signed and ackowledged by said J.P. Jones) (Signed) John P. Jones [seal]

Penlan as his last will and testament in )

presence of us. (signed) David Prichard )

John N. Cox )

Record of the testimony as reduced to writing

The State of Ohio, Delaware County S.s.

I, David Prichard being duly sworn in open court this 9th

day of September A.D. 1864 depose and say that I was present at

the execution of the last will and testament of John P. Jones hereto

annexed; that she saw the said testator subscribe said will, and heard

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

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

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

restraint, and that we, this affiant and John N. Cox now deceased at the

same time; signed the name as witnesses at his request and in his

presence, and in the presence of each other, that both this affiant

and said John N. Cox were present at the execution of said will as

as above stated, and both signed the same in the manner above

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

presence of each other; the said John N. Cox is now deceased.

(signed) David Prichard.

Sworn to and subscribed before me this 9th day of September A.D. 1864.

T.W. Powell Probate Judge

The State of Ohio, Delaware County S.S. Joseph C. Cox being

duly sworn upon his oath says that he has examined the will of

John P. Jones hereto attached, and to which the signatures of John

N. Cox is attached as witness; said John N. Cox was deponants

father, and was well acquainted with his signature and says that

the signature of his to the said will is genuine that he recollects

the fact and the date of making the will and was at that time

well acquainted with said John P. Jones and says that the said John

P. Jones was a man then of sound mind and memory and well

capable of making his will. (signed) Joseph C. Cox.

Sworn to & subscribed before me this 9th day of September

A.D. 1864. T.W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 206)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 206)

Description

[page 206]

[corresponds to labeled page 174 of Will Records Vol. 4 - 1859-1869]


Record of the will of David B. Jones decd. Sept. 14th 1864

Proceedings had before Thomas W. Powell judge of

the Probate court in and for the county of Delaware at

his office in the Town of Delaware on the 14th day

of September A.D. 1864.

This day the last will and testament of David B. Jones

late of Radnor in the said county decd. was presented

to the court for probate and record. Thereupon Abraham

Lloyd and Thomas Owens witnesses to the said will came

into court and were duly sworn and examined and their

testimony reduced to writing, and now annexed to the

will and filed therewith; and it appearing to the court that

the said will was duly executed and attested, and that the testa

=tor at the time of executing the same was of full age

and of sound mind and memory and not restraint;

Thereupon the court upon consideration thereof orders

that the said will be admitted to probate and duly proved

as the last will and testament of the said David B. Jones

decd. and ordered to be recorded as such.

Record of the will; to wit:~

I David B. Jones of Radnor Township, Delaware County

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

in manner and form following that is to say:~

First: It is my will that all my funeral expenses and all my

just debts be fully paid.

Second: I give bequeath and devise to my beloved wife Mar

=garet all the property that I own real and personal during her

natural life time.

Third. I give, devise and bequeath to my daughter Mary

Watkins two hundred and fifty dollars also I give to my

daughter Sarah Cox one dollar also I give to my dau

=ghter Gwin Jones one dollar; also in addition to the

above I give and bequeath to my daughter Mary Watkins

one clock, and bed and beding and bedstead, one bureau

and one tub.

Fourth. I give devise and bequeath all the balance left

after paying the above two hundred and fifty two dollars

after my wife's death, to be equally divided between my wife

Margaret's children living at her death; and lastly I hereby

constitute and appoint William Watkins to be the executor

for this my last will and testament revoking and anulling all

former wills by me made; and ratifying and comfirming this

and no other to be my last will and testament.

In testimony whereof I have hereunto set my hand and seal

this 19th day of January A.D. 1859. (signed) David B. Jones [seal]

Signed published and declared by the above named David B. Jones )

as and for his last will & testament in presence of us, who at )

his request have signed as witnesses to the same. )

his )

Abraham Lloyd. Thomas X Owens )

mark )
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 207)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 207)

Description

[page 207]

[corresponds to labeled page 175 of Will Records Vol. 4 - 1859-1869]


Record of the will of David B. Jones decd. Sept. 14th 1864.

Record of the testimony as reduced to writing.

The State of Ohio, Delaware County S.s.

We Abraham Lloyd and Thomas Owens being duly sworn

in open court this 14th day of September A.D. 1864, depose and

say that we were present at the execution of the last will

and testament of David B. Jones hereto annexed, that we saw

the testator subscribe said will and heard him publish and

declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of

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

any restraint, and that we signed the same as witnesses at his re=

=quest and in his presence and in the presence of each other.

(signed) Abraham Lloyd

his

Thomas Owens

Sworn to and subscribed before me this 14th day of September

A.D. 1864. T.W. Powell Probate Judge

_______________ || ______________________

Record of the will of Samuel Poppleton decd.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware and

State of Ohio, at his office in the Town of Delaware on

the 30th day of September A.D. 1864.

This day B. F. Poppleton presents in court the last will and testament

of his father Samuel Poppleton late of this county decd. and asked

a commission to be issued by this court to L.B. Smith Esqr of

Elyria, in the county of Lorain in this state to take the

testimony and deposition of Charles W. Johnston and John W.

Burwell of Elyria, who are the subscribing witnesses to the said

will and testament of the said Samuel Poppleton decd. which

is accordingly ordered and the commission issued.

And afterwards on the 10th day of October A.D. 1864 the

following entries were made by the court on its journal. to wit:~

This day the Commission heretofore issued to L.B. Smith Esqr

as Commissioner to take the depositions etc of the witneses

to the said will, and proof of the due execution thereof

was duly returned with the testimony of Charles W. Johnstown

and John W. Burwell the witnesses to the said will, reduced to

writing and annexed to the said will; and it thereupon appearing

to the court that the said will was duly executed and attested; and

that the testator at the time of executing the same, was of full

age, and of sound mind and memory, and not under any re=

=straint; thereupon the court, upon consideration thereof, orders

that the said will be admitted to probate as duly proved as

the last will and testament of said Samuel Poppleton decd.

and ordered to be recorded as such. ordered further

that letters testamentary with the will annexed be granted

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 208)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 208)

Description

[page 208]

[corresponds to labeled page 176 of Will Records Vol. 4 - 1859-1869]


Record of the will of Samuel Poppleton decd. October 10th 1864

to Houston H. Poppleton and Early F. Poppleton the executors

named in the will, upon giving bonds in the sum of $2000

also have accordingly given such bond with William P. Reid

and Hiosea W. Chamberlain -- as their surities and

are appointed appraisers

of the said estate.

Copy and record of the will:-

In the name of the Benevolent Father of All:

I Samuel Poppleton of Delaware, Delaware county

Ohio, being of sound and disposing mind, memory and

understanding, do make, publish and declare this

to be my last will and testament in manner and

form following that is to say:-

First. It is my will and desire that all my just debts, funer

=al charges and expenses; and the costs and expenses

attending the execution of this my will shall be paid

by my executors hereinafter named out of my personal

property.

Second. I give and devise to my beloved wife in lieu of her dower

Five thousand dollars ($5000) to be made out of my personal

property after making provision for charges and expenses in

item first, if it can be done. If it cannot be made

out of my personal property as above, then the residue shall

be made up out of my real estate. I also give and

bequeath to her all house hold goods and furniture of which

I may die seized.

Third. I give and bequeath to my Grand Daughter Clara Poppleton

one hundred dollars. If she does not become of age

until after my decease it shall be paid when she so

becomes of age. If she becomes of age before my decease

then according to law.

Fourth. That after paying the above bequest and costs and expenses

it is my desire and will that the residue of my property and

estate, both real and personal shall be divided into eight

(8) equal shares; one of which shares shall go to each of the

following persons named, and in this order, to wit: Mary B. Fisher,

Emory B. Poppleton, Parthenia P. Burk, Early F. Poppleton,

Houston H. Poppleton, Jada C. Linnell and my grand son George

B.P. Lake; and that the remaining share shall be invested

in improved or partially improved real estate by Houston H.

Poppleton (who is hereby appointed trustee for that purpose) for

his family, and said Samuel D. and his family shall in common

have the use and occupancy of said real estate in which

said share is so invested; and said real estate shall be

either occupied in common by said Samuel D. and his

family, or the proceeds thereof shall be applied directly

towards the support and maintainance in common

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 209)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 209)

Description

[page 209]

[corresponds to labeled page 177 of Will Records Vol. 4 - 1859-1869]


Record of the will of Samuel Poppleton, October 10th 1864

of him and his family. And the said Trustee and his suc=

=cessor shall have the right, and they are hereby empowered

to see that the proceeds of said estate in which said share

is invested and applied to the support of said Samuel D.

and his family; and if the proceeds of said estate are

directed or attempted to be directed from the support of said

Samuel D. and his family, the said trustee or his successor

shall have the right to take possesion of said prop=

=erty and apply the rent and profits to their support, or put

his family in possesion and occupancy of said premises

as they may desire. And the said Samuel D. shall have

no interest property or right in or to said property or the pro=

=ceeds thereof, except it is used by him in connection

with his family. And within a reasonable time after

the death of said Samuel D. the said property shall be con=

=verted by said trustee or successors to the heirs at law of the

said Samuel D. Poppleton. If George E.P. Lake shall not

survive me or die before he arrives at maturity, without

leaving issue, then his share to be equally divided among

my children above named. It is my will that my children

above named take and that my property go to them as above

specified.

Fifth. I hereby appoint my wife Julia A. Poppleton trustee of this

will to receive the share of George E.P. Lake and hold the

same without bonds and without interest for his use, which

share shall be paid to him when he becomes of age

without interest.

Sixth. I hereby nominate and appoint Houston H. Poppleton and

Early F. Poppleton executors of this my last will and testament,

hereby authorizing and empowering them to compromise

and adjust, release and discharge in such manner as

they may deem proper the debts and claims due me; and

I do also authorize and empower then if it shall become

necessary to pay my debts and settle up my estate, to sell

by private sale or otherwise, and in such manner and upon

such terms as they may think proper, all or any of my real

estate and deeds to purchasers to execute, acknowledge and

deliver in fee simple;

Seventh. In case either of my said children or their heirs or any other

person or persons shall be dissatisfied with this my last will and

testament and shall attempt to break the same or attempt

to obtain any part of my estate not hereby clearly given them

and shall commence or attempt to commence a suit for

that purpose, he, she or they shall forfeit all right and interest

to any part of my estate whether conveyed to them by this instru

=ment or not, and their share or interest whatever it is, shall go

to my children above named who do not seek to change

(over)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 210)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 210)

Description

[page 210]

[corresponds to labeled page 178 of Will Records Vol. 4 - 1859-1869]


Record of the will of Samuel Poppleton decd. October 10th 1864

the effect of this will or the direction given my property by it.

And I hereby revoke each will and all wills made by me

heretofore. In testimony whereof I have hereunto set my

hand and seal this 22d day of July A.D. 1862

(signed) Samuel Poppleton [Seal]

Signed and acknowledged by said Samuel Poppleton as his last will &

testament in our presence and signed by us as witnesses in his presence

the day and year above written. (Signed) Charles W. Johnston

J.W. Burrell

End of the will -

Record of the Commission and testimony -

The State of Ohio )

Delaware County Ss. )

To L. B. Smith Esqr. of Elyria.

The Probate Court in and for the said County of Delaware

placing special confidence in your integrity and abilities

hereby appoints and authorize you as commissioner to

take the testimony and deposition of Charles W. Johnston

and John D. Burrell two subscribing witnesses to the last will and

testament of Samuel Poppleton late of Delaware County

hereto annexed, for the purpose of proving the due execution

and attestation of the said will; and for that purpose to administer

to them the proper oath or afirmation, examine them thereto, and

take their deposition in writing, and then enclose the same

directed to this court, with your proceedings thereon duly certified

and for so doing this shall be your commission.

[S.S.] In testimony whereof I Thomas W. Powell Probate

[ Probate Court] Judges of the said County have hereunto set my hand

[of Delaware Co.] and affixed the seal of the said Probate Court at

[Ohio} Delaware, Ohio, this 30th day of September 1864.

T.W. Powell Probate Judge.

The return is as follows: -

The State of Ohio, Lorain County Ss.

We Charles W. Johnstown and John W. Burrell of Elyria, Ohio being duly

sworn before me L.B. Smith a Commissioner appointed by the

Probate Court of Delaware County, Ohio, this 5th day of October A.D.

1864 depose and certify that we were present at the execution of

the last will and testament of Samuel Poppleton hereunto annexed;

that we saw the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament; and that

the said testator at the time of executing the same was of full age,

and of sound mind and memory; and not under any restraint

and that we signed the same as witnesses at his request and in his

presence, and in the presence of each other.

(Signed) J.W. Burrell

G.W. Johnston.

I do hereby certify that the above named Charles D. Johnston

(over) -
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 211)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 211)

Description

[page 211]

[corresponds to labeled page 179 of Will Records Vol. 4 - 1859-1869]


179

Record of the Will of Samuel Poppleton Decd. October 10th 1864.


and John D. Burrell were by me first duly sworn, and that

the above definition by them subscribed was reduced to writing

by me, and respectively subscribed by them in my presence;

and were taken on the 5th day of October 1864, pursuant

to the Commission hereto annexed. In testimony whereof

I have hereunto set my hand this 5th day of October 1864.

(Signed) L.B. Smith Commissioner.

Fees 50 cents paid by B. F. Poppleton.

_________________ _ _ ___________________

Record of the Will of James Rose decd.

Proceedings had before Thomas W. Powell Judge

of the Probate Court in and for the County of Delaware

and State of Ohio in his office at the town of Delaware

on the second day of November A.D. 1864.

On the 3rd day of September 1864, Eldridge Rose presented

the last will and testament of his father James Rose late of

Berkshire Township in this County decd. for Probate and

record. And it appearing that John Janes and John Klapp

the two subscribing witnesses to the said will are decd.

Thereupon the court took the deposition of Mrs. Elizabeth

Rose the widow, who now declares, whom full consideration

and understanding of the matter, that she relinquished all

right and interest under the will, and chooses not to take

under the will, whose testimony is reduced to writing and

on file and thereupon the court continued the matter for

further testimony and consideration.

And afterwards, to wit, on this 2nd day of November A.D. 1864

the Court having heard the testimony of Henry Rust and John

R. Klapp, and having reduced the same to writing which

is on file and annexed to the said will; and it thereupon

appearing to the court that the said will was duly executed

and attested, and that the testator at the time of executing the

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

and not under any restraint; thereupon the court whose

full consideration thereof orders that the said will be

admitted to probate as duly proved as the last will and

testament of the said James Rose decd. and ordered to be

recorded as such.

Record of the Will.

"Berkshire Township, Delaware County, Ohio. 14th November 1850.

In the name of the Benevolent Father of all men.

I James Rose of Berkshire Tp. Delaware County and State of

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

First. I give and bequeath to my beloved wife Elizabeth

Rose in lieu of dower the farm on which we now live,

(over)


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 212)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 212)

Description

[page 212]

[corresponds to labeled page 180 of Will Records Vol. 4 - 1859-1869]


180

Record of the Will of James Rose, October 10th 1864.


situate in Berkshire Township, Delaware County and

state of Ohio, containing about seventy acres of land

during her natural life, if she remains my

widow; at the death of my said wife or her intermarry,

then the said farm of land, I give and devise to my

only son James Eldridge Rose and his heirs. If

however my son should die before the decease of my

wife or her intermarriage leaving no children leav

=ing no children living, then I give and bequeath said

farm to my two daughters unmarried and living

at home, viz; Adaline Rose and Lucy Rose two

thirds of said farm of land, and the remaining third

to be equally divided between Roxy Eldrige and Jane

Janes.

Secondly. It is my will that my just debts and funeral

charges be paid out of my personal property.

Thirdly. It is my will that my personal property be sold

and after paying my debts and funeral charges the rem-

=ainder be equally divided between my two daughters

Adaline Rose and Lucy Rose.

Fourthly. I do hereby nominate and appoint Nathan

Dustin executor of this my last will and testament.

his

(signed) James x Rose [seal]

Signed and acknowledged by said mark

James Rose as his last will and testament

in our presence, and signed by us in his

presence.

(signed) John Janes. John Klapp. (end of the will.)

Record of the testimony.

The State of Ohio, Delaware County, Ss.

Elizabeth Rose widow of James Rose late of Berkshire

Township decd. being fully sworn in open Court this 3rd day

of September A.D. 1864, depose and say that she was present at

the execution of the last will and testament of James Rose

her husband decd. hereto annexed; that she saw the said testa-

=tor subscribe said will, and heard him publish and declare

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

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

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

and that John Janes and John Klapp signed the same as

witnesses at this request and in his presence and in the presence

of each other. That said witnesses are now decd, and she this

deponant renounces all right and interest under the will

and elects not to take under the will.

(Signed) Elizabeth Rose.

Sworn to and subscribed before me this 3rd day of September,

A.D. 1864. T.W. Powell Probate Judge.

(over) --
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 213)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 213)

Description

[page 213]

[corresponds to labeled page 181 of Will Records Vol. 4 - 1859-1869]


181

Record of the Will of James Rose decd. October 10, 1864.

The State of Ohio )

Delaware County Ss. ) Henry Rust being sworn testifies

and says that he has examined the will of James Rose

hereto annexed and finds it is witnessed by John Janes

and John Klapp. He says he was well acquainted with

all these persons; at the time of the date of the will

he lived in the neighborhood in Berkshire Township

where the will was executed at the time of its date, 14th

November 1850. That he well recollects the facts that the

said witnesses were called together at said James Rose's

house, for the purpose of executing the said will. At

the time said Rose was in sound mind and memory and

capable of making his will or disposing of his property.

He further says he was well acquainted with the

hand writing of said John Janes who was his grandfather,

having frequently seen him write and after examination of

the signature to the will as witnesses believe it is his hand

writing. (signed) Henry Rust.

Subscribed & sworn to in open court this 1st day of November 1864

before me. T.W. Powell Pro. Judge



The State of Ohio


Delaware County Ss. ) John R. Klapp being duly sworn upon

his oath depose and say that at the time of the execution of the

will of James Rose hereto annexed, to wit; November 14th 1864,

the said James Rose, and the witnesses thereto to wit John James

and John Klapp were all residing in the same neighborhood;

that in the opinion of this deponent said James Rose was of suf-

-ficient mind and memory to make his will, manage his property

and understood what he was doing. Said John Klapp at the

request of said Rose has written a previous will for him, and when

it was read to Rose he said it did not suit him -- that it was

not in accordance to his intentions; therefore at the request

of said Rose and John Klapp wrote another will for him in ac-

cordance to his wishes, which is the will now in court. Deponent

is well acquainted with the hand writing of John Klapp. The will

is in his hand writing and the signature as witnesses is his.

(signed) John R. Klapp.

Subscribed & sworn to in open court before me this 14 day of

November 1864. T.W. Powell Probate Judge

(end.)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 214)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 214)

Description

[page 214]

[corresponds to labeled page 182 of Will Records Vol. 4 - 1859-1869]


182

Last Will of Benjamin F. Wilcox Deceased

Proceedings had before T. W. Powell Judge of the Probate

Court in and for the county of Delaware and State of

Ohio, at his office in the town of Delaware on the 30th day

of November A. D. 1864.

Last Will of Benjamina F. Wilcox decd. of Licking County.

This day Gibson Atherton Esq. presented the authenticated

copy of the last will and testament of Benjamin F. Wilcox

late of Licking in the State of Ohio, decd. and order of

the probate thereof as admitted to record in the Court of

Probate in and for the said County of Licking as duly

proved and admitted to record and requested the same to be

admitted in this Court and County

and upon consideration thereof the same is admitted and

ordered to be recorded.

Friday September 9th 1964

In the matter of Benjamin F. Wilcox's Will.

The last will and testament of

Benjamin F. Wilcox late of this County deceased was this

day produced in Court and presented for probate and it

appearing to the satisfaction of the Court that E. O. Dunning,

Alfred Finney and Joseph Chaddock, the subscribing witnesses

are now in the service of the United States and stationed

at or near the City of Cumberland in the County of Alleghany

and state of Maryland. It is ordered that a commission

issue with the will annexed to take the depositions of the said

E. O. Dunning, Alfred Finney and Joseph Chaddock touching

the due execution of said will, to be directed to Joseph M.

Strong a Justice of the Peace in and for the county of

Alleghany and State of Maryland.

W. K. Shircliff Pro. Judge


Wednesday November 9th 1864.

In the matter of Benjamin F. Wilcox's will

The commission heretofore issued to Joseph

M. Strong to take the testimony of E. O. Dunning Alfred

Finney and Joseph Chaddock the subscribing witnesses to

the last will and testament of Benjamin F. Wilcox decd

was this day returned into court with said will and the

witnesses and the certificate of said commissioner attached

which testimony is reduced to writing and subscribed by

testimony of said witnesses that said will was duly

executed and attested, and that the said testator at the

time of executing the same was of full age, of sound

mind and memory and not under any restraint.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 215)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 215)

Description

[page 215]

[corresponds to labeled page 183 of Will Records Vol. 4 - 1859-1869]


183.


Last Will of Benjamin F. Wilcox Deceased


It is ordered that said will, testimony and commission

and certificate of said commission be recorded.

(Two Dollar revenue stamp)

W. H. Shircliff Pro. Judge

The will to wit:

U. S. General Hospital, Clayville Md. July 19th 1964

In the name of God. Amen

I, Benamin F. Wilcox a member of

the 135th Regiment Ohio National Guards and a native of

Licking County in the State of Ohio, being and knowing my-

self to be at the point of death, by reason of a wound received

in full possession of all my mental faculties do hereby make

and declare this my last will and testament.

1st I do hereby commend my soul to the mercy of my God.

2nd I do hereby give and bequeath all my land situate in

Delaware County in the State of Ohio, consisting of one hundred

and ten acres more or less; and all other property wherever

found, whether personal or real estate to my brother William

H. H. Wilcox a native of Licking County in the State of Ohio.

In witness whereof I do hereto set my hand and seal

on this day and in presence of three witnesses.

Benjamin F. Wilcox (seal)


E. O. Dunning

Alfred Finney witnesses

Joseph Chaddock

The Commission to wit,

The State of Ohio, Licking County, Ss.

To Joseph M. Strong Esq. of the City of Cumberland County

of Alleghany and State of Maryland.

Know you that in confidence

of your prudence and fidelity, I have appointed you and by

these presents do give you full power and authority to examine

and take the depositions of E. O. Dunning Alfred Finney

and Joseph Chaddock, the subscribing witnesses to the last

will and testament of Benjamin F. Wilcox late of Licking

County Ohio deceased, said last will being hereunto annexed

and for that purpose request and direct you that at a proper

time and at a certain place and day to be appointed by you

you cause the said E. O. Dunning, Alfred Finney and

Joseph Chaddock to be brought before you and then and there

examine them on their corporal oath or affirmations first

taken before you, touching the due execution of said will of

the said Benjamin F. Wilcox, and that you reduce such

examination to writing and return the same together with the

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 216)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 216)

Description

[page 216]

[corresponds to labeled page 184 of Will Records Vol. 4 - 1859-1869]



184


Last Will of Benjamin F. Wilcox Deceased


commission and the said will of the said Benjamin F.

Wilcox, thereto attached, closed up under your seal, into said

court with all convenient speed.

(seal) Witness my signature and the seal of the

Probate Court at Newark this 12th day of

September A. D. 1864.

W. H. Shircliff Judge


The Testimony to wit:

The State of Maryland, County of Alleghany,

Deposition of witnesses taken in the matter of the last will and

testament of Benjamin F. Wilcox decd. pending in the Probate

Court of Licking County and State of Ohio.

Edward O. Dunning of the County of Allegany and State

of Maryland of lawful age, being by me first duly sworn as

hereinafter certified deposes and says that on the 19th day of July

A. D. 1864 he was called on to witness the will of Benjamin

F. Wilcox, late of Licking County, Ohio, decd. whose name is

signed at the end of the paper writing hereto attached purpor-

ting to be the last will and testament of Benjamin F. Wilcox

and here to affiant shown and by him examined, and this

affiant says that he saw said testator sign said will at the

end thereof and heard him declare the same to be his last will

and testament that said testator at the time of executing

said last will and testament was of full age, of sound mind

and memory and not under any restraint and that affiant

attested and subscribed the said last will and testament as

a witness thereto in the presence of said testator and at his

request.
E. O. Dunning

Also came Joseph Chaddock of the County of Marshall and

State of West Virginia of lawful age, who being in the like manner

first duly sworn, deposes and says that on the 19th day of

July A. D. 1864 he was called to witness the will of Benjamin

F. Wilcox, late of Licking County, Ohio deceased, whose name is

signed to the end of the paper writing hereto attached purpor-

ting to be the last will and testmanet of Benjamin F. Wilcox

late of Licking County Ohio deceased and hereto affiant

shown and by him examined and this affiant says that he

saw said testator sign said will at the end thereof and

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

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

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

restraint, and that the affiant attested and subscribed the

same as a witness in the presence of said testator and at

his request. Joseph Chaddock
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 217)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 217)

Description

[page 217]

[corresponds to labeled page 185 of Will Records Vol. 4 - 1859-1869]



185


Last Will of Benjamin F. Wilcox Deceased


I Joseph M. Strong a commissioner duly appointed by the

Probate Court of Licking County, Ohio, do hereby certify that

the above named Edward O. Dunning and Joseph Chaddock

were by me first duly sworn to testify the truth, the whole truth

and nothing but the truth, that the foregoing depositions

by them respectively subscribed were reduced to writing by

me, and by said witnesses subscribed in my presence and

was taken at my office in the City of Cumberland County

of Allegany and State of Maryland on the 19th day of

October A. D. 1864 between the hours of three and four

o'clock P.M. of the said day by virtue of the Commission

out of the Probate Court of Licking County, Ohio, hereto

attached. In testimony whereof I have hereunto set my

hand and seal this 19th day of October

A. D. 1864.

(seal) J. M. Strong Commmissioner

The State of Ohio, Licking County, Ss.

I William H. Shircliff Judge of the Court of Probate

within and for said county do hereby certify that the foregoing

is a true copy of the last will and testament of Benjamin

F. Wilcox, late of said county decd. and the order of the

court admitting the same to probate together with the

testimony of the witnesses of the commission and the certificate

of said commissioner truly taken and copied from the

records of said court as the same appears of record

there. In testimony whereof I have hereunto subscribed

my name and affixed the seal of said court

(seal) at Newark in said county this 16th day of

November A. D. 1864

W. H. Shircliff Judge

The State of Ohio, Delaware County, Ss.

I, Thomas W. Powell Judge of the Court of Probate

in and for said county do hereby certify that the above and

foregoing will of Benjamin F. Wilcox and testimony in relation

thereto was admitted to record on this 30th day of November

A. D. 1864

(seal) In testimony whereof witness my hand and

seal of office on this 30th day of November 1864

T. W. Powell
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 218)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 218)

Description

[page 218]

[corresponds to labeled page 186 of Will Records Vol. 4 - 1859-1869]



186


Record of the will of John Mathias decd, December 14th, 1864


Proceedings held before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State

of Ohio, at his office in the town of Delaware on the 14th

day of December A.D. 1864.

This day the last will and testament of John Mathias

late of Delaware in this county decd. was presented to the

court for probate and record. Thereupon James Easton

Abraham Blymer and Willowby Miller witnessed to the

said will came into court, and were duly sworn and

examined, and their testimony reduced to writing, and now

annexed to the will and filed therewith and it appearing

to the court that the said will was duly executed and attested

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

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

and restraint: Therefore the court upon consideration

orders that the said will be admitted to probate as duly

proved as the last will and testament of the said John

Mathias decd. and to be recorded as such.

Record of the will.


I, John Mathias of Delaware County, State of Ohio, being

of sound and disposing mind, memory & understanding do

make and declare this to be my last and testament, hereby

revoking all former last wills and testaments or writing in the

nature of last will and testament by me heretofore made.

1st My will is that my funeral expenses and all just debts

be paid by my executrix hereinafter named.

2nd I give and bequeath to my beloved wife Ann H. Math-

ias all the balance of my estate that may not be required

to pay my funeral expenses, just debts & the administration

of this my last will and testament, both real, personal and

mixed to her own use and benefit, and to raise and support

our children, so long she the said Ann K. shall be as

remain my widow; and,

3rd I give and bequeath all my estates at the marriage of

my said beloved wife or at her death provided she should

die my widow, to my sons Lewis Mathias, Charles Mathias,

George Mathias, William Mathias, and my daughters Margaret

Mathias, Maria Mathias, & Rebecca Mathias to be equally

divided between them, giving to each one equal or

seventh part of all my said estate real, personal or

mixed to their own use and benefit forever.

I do hereby nominate and appoint my beloved wife

Ann K. Mathias the sole executrix of this my last

will and testament.

In witness whereof I have hereunto set my name and

affixed my seal this twenty first day of November in the year

of our Lord eighteen hundred sixty four.

his

(signed) John X Mathias (seal)

mark

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 219)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 219)

Description

[page 219]

[corresponds to labeled page 187 of Will Records Vol. 4 - 1859-1869]


187


Record of the will of John Mathias decd. December 14th, 1864


(John Mathias will continued.)

Signed, sealed and declared by said John Mathias

to be his last will and testament, who at his

request and in his presence have hereunto

subscribed our names as witnesses and in

the presence of each other.

James Eaton.

(signed) Ab. Blymyer.

W. Miller (end of the will).

Record of the testimony, to wit

The State of Ohio, Delaware County ss.

We James Baton, Abraham Blymyer and Willowby

Miller, being duly sworn in open court this 14th day

of December A.D. 1864, depose and say, that we were

present at the execution of the last will and testament of

John Mathias hereto annexed; that we saw the said testator

subscribe said will, and heard him publish and declare

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

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

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

and that we signed the same as witnesses at his request and

in his presence and in the presence of each other.

James Eaton.

(signed) Ab. Blymyer

Willowby Miller.

Sworn to and subscribed before me this 14th day of

December A.D. 1864.

T. W. Powell Probate Judge


Record of the will of Thomas Hadley

Proceedings held before Thomas W. Powell

Judge of the Probate Court in and for the County of Delaware

and State of Ohio, at his office in the town of Delaware

on the 9th day of March A.D. 1865

On the 6th day of March A.D. 1865 Lewis Headley produced

in court the last will and testament of Thomas Headley late

of Radnor decd. for the probate and record; and then came

into court John M. Pugh and Daniel Matheney two of the

witnesses to the said will, and were duly sworn and examined

and their testimoney reduced to writing, and now annexed

to the will and filed therewith; and now on this day and

upon further consideration and showing, and it appearing

to the court that the said will was duly executed and attested

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

of full age, and of sound mind and memory, and not

under any restraint, therefore the court whom consider=

ation thereof, orders that the said will and testament be

admitted to probate as duly proved and the last will

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 220)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 220)

Description

[page 220]

[corresponds to labeled page 188 of Will Records Vol. 4 - 1859-1869]


188


Last will of Thomas Hadley decd. March 9th 1865.


and testament of the said Thomas Hadley decd. and ordered

to be recorded as such, to wit: _____

Copy of the will as recorded.

"In the name of the Benevolent Father of All; I Thomas

Hadley of Radnor Township, Delaware County, Ohio, do make

and publish this my last will and testament.

Item 1st. I give and devise to my beloved wife in lieu of

dower, all my property both real and personal during

her natural life, she however selling or disposing

so much of my personal property as will be sufficient

to pay of all my indebtedness.

Item 2nd. I give and bequeath to my sister, June Evans

the sum of fifteen hundred dollars to be paid her at

the death of my wife.

Item 3rd. I give and bequeath to my brother Richard

Hadley (now a resident of Wales) the sum of fifteen hundred

dollars to be paid him at the death of my wife.

Item 4th. I give and bequeath to my niece Elizabeth

Hadley (daughter of my brother Richard) the sum of

five hundred dollars to be paid same as above.

Item 5th. I give and bequeath to my brother Lewis

Hadley of Radnor Tp. Delaware Co. O.) the sum of

fifteen hundred dollars to be paid same as above.

Item 6th. I give and bequeath to my niece Hannah

Hadley (my brother Lewis Hadley's daughter) my home

place situated in Radnor Township, Delaware Co.

Ohio, and containing about sixteen acres of land.

Item 7th. I give and bequeath to my nephew Thomas

Hadley (son of brother Lewis) one hundred and thirteen

acres of land in Radnor Township, Delaware Co. Ohio,

to be taken from off the south side of a tract of

three hundred and forty eight acres of land, being the same

tract which I purchased of Smyth and Sprague of Newark, Ohio

of Daniel Thomas) one hundred and thirteen acres of

Land situated in Radnor Township Delaware County, Ohio,

and adjoining Thomas Hadley's tract on the north and being

a part of the same tract purchases of Smyth and Sprague

before mentioned.

Item 9th. I give and bequeath to Adelaide Briggs (who now

lives with me) the balance of the tract I purchased of

Smyth and Sprague, supposed to contain about one hundred

and twelve and one half acres of land, situated in Radnor

Tp. Delaware Co. Ohio.

I desire that no appraisement and no sale of my

personal property be made (except as mentioned in Item 1st)

and that the court of Probate Direct the Omipions of the

same in pursuance of the statutes.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 221)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 221)

Description

[page 221]

[corresponds to labeled page 189 of Will Records Vol. 4 - 1859-1869]

189

The Will of Thomas Hadley continued. March 9th 1865.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand

and seal, this 11th day of December in the year 1857.

Signed and acknowledged by said (signed) Thomas Hadley (seal)

Thomas Hadley as his last will

and testament, in our presence;

and signed by us in his presence

(signed) Daniel Matheny

John M. Pugh. (said of the will)

The following is a copy of the deposition to wit: _____

The State of Ohio, Delaware County ss.

We John M. Pugh and Daniel Matheny being duly sworn

in open court this 6th day of January A.D. 1865, depose

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

will and testament of Thomas Hadley hereto annexed; that

we saw the said testator subscribe his will, and heard him pub=

lish and declare the same to be his last will and testament,

and that the said testator at the time of executing the same

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

under any restraint, and that we signed the same as witnesses

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

(signed) John M. Pugh

Daniel Matheny.

Sworn to and subscribed before me this 6th day of January A.D. 1865.

T. W. Powell Probate Judge


Record of the last will and testament of Harry James Decd.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware and

the State of Ohio at his office in the town of Delaware, on

the 20th day of March A. D. 1865.

On the 20th day of March A.D. 1865 the last will and

testament of Harry James late of Berlin Township in this

county decd. was presented in court by Daniel B. James for

probate and record; thereupon James Eaton, Philo A.

Borrows and James Ferson Jun. witnesses to the said will

came into court and were duly sworn and examined,

and their testimony reduced to writing and now annexed

to the will and filed therewith: and it appearing to the court

that the said will was duly executed and attested, and that the

testator at the time of executing the same was of full

age, and of sound mind and memory and not under:

thereupon the court upon consideration thereof, orders

that the said will be admitted to probate and duly proved

as the last will and testament of the said Harry James decd.

and ordered to be recorded as such.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 222)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 222)

Description

[page 222]

[corresponds to labeled page 190 of Will Records Vol. 4 - 1859-1869]


190


Record of the Will of Harry James decd. March 20, 1865


Thereupon letters testamentary were granted and issued to

Daniel B. James, the executor named in the will, without

bond or order of appraisement in pursurance of the request

of the will, and court deeming the same to be

right and proper.

The following is a copy and record of the will.

"I Harry James of Berlin Township, Delaware County, state

of Ohio; being of sound & disposing mind, memory and understanding

do make and declare this to be my last will and testament,

hereby making null and void all former last wills and testa-

ments or writings in the nature of last will and testament by

me heretofore made.

1st My will is first, that my funeral expenses and all just debts

I owe or may owe at the time of my decease be paid by my

executor hereinafter named.

2nd I give and bequeath to my son Daniel B. James the farm

on which I live containing two hundereed and seven acres of

land, being the north east part of lot numbered one in Section

four, Township four, Range eighteen of the United States

Military Survey. To have and to hold to him his heirs or assigns

also the farming utensils on said farm including the mow

=er and reaper & sowing machine to his own use and

disposel.

3rd I give and bequeath to my daughter Mary E. Steward wife

of Wesley C. Steward the farm of one hundred aces of land

in the S.E. corner of lot numbered two in the above named

section four known as the Hall or Benton farm; also

that tract of (15 3/4) fifteen and three fourths acres in the

SE part of the west part of said lot numbered two, subdivision

however, the following described tract in the north west corner

in the center of the county road running north and south, where

said road crosses the north line in the east and west county road to the south

west corner of said one hundred acres, thence south along

the west line thereof twenty rods; thence east parallel with

north to south county road, thence north along said center of

road twenty rods to the place of beginning, containing some

six aces of land more or less I give and bequeath to Wesley C.

Steward and his wife, my daughter, aforesaid, as tenants in common

to the contary notwithstanding; the buildings on said tract

having been erected and built by said Wesley C. Steward.

4th I give and bequeath to my beloved wife Elizabeth A. James

the following items of personal property in addition to her

legal interest or claims in all my real estate herein.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 223)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 223)

Description

[page 223]

[corresponds to labeled page 191 of Will Records Vol. 4 - 1859-1869]


191


Record of the will of Harry James decd. March 20th, 1865


before mentioned or that I may be seized of at the time

of my decease, viz. one house, one cow and ten sheep

and one horse buggy and harness and the sleigh and one half

of all my moneys & credits, to her for her own use and disposal.

5th The residue of my estate, not required to pay my funeral

expenses, the payment of my just debts, the administration of this

my last will and testament, and the settlement of my estate as

hereinafter described, and the items herein before disposed

of & bequeathed, I give and bequeath said residue or re-

=mainder to my son Daniel B. James and my daughter

Mary E. Steward to be equally divided between them.

6th I hereby nominate and appoint my said son Daniel

B. James my sole executor of this my last will and testament

hereby fully authorizing my said executor to administer

on, and settle my estate without inventory or appraisement.

Schedule or report to the court, hereby placing full confidence

in the integrity & ability of my said executors to administer

on, and settle my said estate justly equitably and correctly.

In witness whereof I the said Harry James have hereunto

subscribed my name and affixed my seal this 31st day

of January in the year of our Lord Eighteen hundred and

sixty five. (signed) Harry James (seal)

signed, sealed and declared by said Harry James

to be his last will and testament in our presents.

who at his request and in his presence have

hereunto subscrbed our names as witnesses

in the presence of each other.

(signed) James Eaton

Philo F. Barrows

James Ferson Jun. (end of the will.

Copy of the testimony and deposition.

The State of Ohio, Delaware County ss

We James Eaton, Philo F. Barrows and James Ferson Jun. being

duly sworn in open court this 20th day of March A.D. 1865, depose

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

testament of Harry James hereto annexed; that we saw the

said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was

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

restraint, and that we signed the same and witnessed at his

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

(signed) James Eaton

Philo F. Barrows

James Ferson Jun.

Sworn to and subscribed before me this 20th day of March A.D. 1865

T. W. Powell, Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 224)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 224)

Description

[page 224]

[corresponds to labeled page 192 of Will Records Vol. 4 - 1859-1869]



192


Record of the will of Isaac Harden decd. March 25, 1865


Proceedings had before Thomas W. Powell, Judge of

the Probate Court in and for the county of Delaware and

the State of Ohio at his office in the town of Delaware

on the 25th day of March A.D. 1865.

This day the last will and testament of Isaac

Harden late of Liberty Township in the said county

was presented by Erastus Harden for probate and record in

this court. Thereupon John D. Van Dewan and Lydia S.

Van Dewan the witnesses to the said will came into court

and were duly sworn and examined, and their testimony

reduced to writing, and now annexed to the will and

filed therewith; and it appearing to the court that the said

will was duly executed and attested, and that the testator

at the time of executing the same was of full age

and of sound mind and memory, and not under

any restraints: Thereupon the court upon consideration

thereof orders that the said will be admitted to probate as

duly proved as the last will and testament of the named

Isaac Harden decd. and ordered to be recorded as such.

Thereupon letters testamentary were granted to Erastus

Harden the executor named in the will, who gave bonds

in the amount of $2000 with William G. Patton and Charles H.

Boardman his surities. The court appoints P. E. Buell,

Abram Stiner and James Cronkleton appraisers of the

said estate. Letters issued etc

Copy and record of the will.

In the name of God. Amen.

I Isaac Harden Sen. of Liberty Township, Delaware County

Ohio being of sound and disposing mind and memory; but weak

and infirm in body, do make and publish this to be my last will

and testament.

Item I. I will and direct that my just debts and funeral expenses

be first paid out of my estate.

Item II. I give, devise and bequeath unto my daughter Anna Wil-

mouth, wife of Phillip Wilmouth and unto her heirs and assigns forever,

the following tract or parcel of land, to wit; situate in the county of Delaware

and State of Ohio and bounded and described as follows: being in section

no. four in Township No. Four, and Range 19, U.S.M. land; beginning

at the northeast corner of the old home farm, on which I now reside,

thence west on the south line of the same far enough, so that a line drawn

parallel with the said east line will include fourteen acres of land;

being off of the east end of said "old homestead."

Item III. I give, devise and bequeath unto my son Isaac Harden Jr.

and unto his heirs and assigns forever, the following tract or parcel of

land, to wit, being thirteen and one half acres off of the west end of

the farm on which I now reside purchased by me of James McSwain

described as follows; commencing at the north west corner thereof; thence

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 225)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 225)

Description

[page 225]

[corresponds to labeled page 193 of Will Records Vol. 4 - 1859-1869]


193


running south 38 purchase to south west corner corner thereof; thence running

east on the south line far enough so that a line drawn parallel

with the west line of said lot, will include thirteen and one half acres,

being in Section No. 4. Tp No. 4, and Range 19 U.S.M.

Item. IV. I give, devise and bequeath unto my children Gynther Welch,

Reuben Harden, Erastus Harden, Henrietta Devine, and to the

children of William Harden decd. and to their heirs and assigns

forever all the residue of my real estate in said lot, being

about twenty acres of land, lying between the lands bequeathed

by this will to Anna Wilmouth and Isaac Harden Jr. and it is

my will that they shall inherit the same, share and share alike, the

said children of William Harden decd. to inherit the portion which the

said William would have inherited had he lived.

Item V. I do hereby nominate and appoint my son Erastus

Harden Executor of this my last will and testament; hereby

revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal

this 2nd day of September A.D. 1864.

The foregoing writing was declared (signed) Isaac Harden Sr. (seal)

by the said Isaac Harden Sen. to be

his last will and testament in our presence & hearing

and was by him signed and unto in our presence

and we at his request signed the same as

witnesses thereto, in his presence and in the

presence of each other. (signed) John D. Van Deman

Lydia S. Van Deman (end of the will)

Copy and record of the depositions.

The state of Ohio, Delaware County, Ss.

We John D. Van Deman and Lydia S. Van Deman being duly sworn in open court

this 25th day of March A.D. 1865, depose and say, that we were present at the execution

of the last will and testament of Isaac Harden Sen. hereto annexed, that we saw the

said testator subscribe said will, and heard him publish and declare the same

to be his last will and testament, and that the said testator at the time of exe-

cuting the same was of full age, and of sound mind and memory, and not under

any restraint, and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

(signed) John D. Van Deman

Lydia S. Van Deman

Sworn to and subscribed before me this 25th day of March A.D. 1865

T. W. Powell Probate Judge.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 226)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 226)

Description

[page 226]

[corresponds to labeled page 194 of Will Records Vol. 4 - 1859-1869]


194


Record of the will of Amples Barton decd. April 29th 1865


Proceedings had before Thomas W. Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio, at his

office in the Town of Delaware on the 29th day of

April A.D. 1865.

This day Alfred Barton presents the last will and

testament of Amples Barton late of Trenton Township

in this county decd. for probate and record. Thereupon

Adam Franks and Lewis T. Perinow witnesses to the said

will came into court and were duly sworn and examined

and their testimoney reduced to writing and now annexed to

the will and filed therewith, and it appearing to the court

that the said will was duly executed and attested, and that

the testator at the time of executing the same was

of full age, and of sound mind and memory, and not

under any restraint; Thereupon the court, upon

consideration thereof, orders that the said will be

admitted to probate as duly proven as the last will

and testament of the said Amples Barton decd. and

ordered to be recorded as such.

Copy and record of the will.

In the name of the Benevolant Father of all.

I, Amples Barton, of the county of Delaware and State

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

testament.

Item 1st. I give and devise to my beloved wife Ev-

eline in lieu of her dower the farm on which we now

reside on, situate in Delaware County, Ohio, it being

north of the county road; said lot contains ninety acres

of land, during her natural life, if she remains my

widow that length of time, and all the stock, household goods,

furniture, provisions, and other goods and chattels which

may be thereon at the time of my decease during her

natural life, if she still remains my widow as

aforesaid, she however selling so much thereof as may

be sufficient to pay my just debts; at the death of my

said wife or her marriage the real estate that we now

reside on, I give and devise to my son William Barton

and his heirs.

Item 2nd. I devise and bequeath to my son Alford Barton

and his heirs the farm that my son Alford now resides on,

in Delaware County Ohio, said farm contains one

hundred and fifty acres of land; and said Alford is to pay

my daughter Elizabeth five hundred dollars in two

years after my death.

Item 3rd. I devise and bequeath to my son William

Barton and to his heirs that lot of land that I own south of the

county seat, said lot containing eighty four acres of land

by my son William Baying to my daughter Elizabeth Barton

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 227)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 227)

Description

[page 227]

[corresponds to labeled page 195 of Will Records Vol. 4 - 1859-1869]


195


Record of the will of Amples Barton decd. April 29th 1865

five hundred dollars in two years after my death.

Item 4th. It is my request that my wife shall pay to my

daughter Amanda Clark one hundred dollars at my

death it being in addition to her share which I have

paid her heretofore.

Item 5th. I devise to my son William one horse

and one bed and bedding at my death; also one

bureau at the death of my wife; and my son William

is to pay to my daughter Amanda Clark two hundred

dollars at the death or marriage of my wife it being

in addition of what I have given to my daughter

Amanda heretofore.

Item 6th. I give and devise to my daughter Elizabeth one

bed and bedding one bureau, six chairs and one colt,

at my death; and it is my request that my daughter

Elizabeth to have the privilege of my house, the west room

upstairs and the privilege going up and down, and the

privilege of fire place and cook stove if she remains

single.

Item 7th. It is my request that my wife at my death to divide

equally between herself and all her children namely Alford,

William, Amanda and Elizabeth the money and notes

that will be in her hands at my death by paying Amanda

Clark one hundred dollars more as above stated.

Item 8th. I do hereby nominate and appoint my son

Alford Barton Executor of this my last will and

testament, authorizing and empowering him to compromise

adjust, release and discharge in such manner as he

may deem proper. I do hereby revoke all former wills

by me made. In testimony whereof I have hereunto set

my hand and seal this the sixth day of September in the

year of our Lord one thousand eight hundred and

sixty four. (signed) Amples Barton (seal)

Signed and acknowledged by said Amples Barton as his last

will and testament in our presence and signed by us in

his presence (as signed) Adam Franks. L. T. Pierson end of the will

The State of Ohio, Delaware County ss. We Adam Franks and Lewis T. Pierson, being

duly sworn in open court this 29th day of April A.D. 1865, depose and say that we

were present at the execution of the last will and testament of Amples Barton hereto an-

nexed, that we saw him subscribe said will and heard him publish and declare the

same to be his last will and testament, and that the said testator at the time of executing

the same was of sound mind and memory and not under any restraint,

and that we signed the same as witnesses at his request and in his presence

and in the presence of each other.

(Signed) Adam Franks

L. T. Pierson

Sworn to & subscribed before me this 29th day of April 1865.

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 228)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 228)

Description

[page 228]

[corresponds to labeled page 196 of Will Records Vol. 4 - 1859-1869]


196


Record of the Will of Media Gamble Decd. April 29th 1865.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio,

at his office in the town of Delaware on the 29th day of

April A.D. 1865

On the 4th day of April A.D. 1865 Pro. William G.

Williams presents the last will and testament of Media

Gamble for probate and record. Thereupon took the testi-

mony of William G. Williams and Francis S. Hoyt two of the

subscribing witnesses to the said will, and reduced the same

to writing annexed thereto and issued a commission to the

Probate Judge of Hamilton County to take the testimony

of John Davis the other witness to the will. And the

matter is continued for further consideration and return

of the Commission.

And afterwards on this day, (to wit April 19th, A.D. 1865.) the

Commission heretofore issued to the Probate Judge of Hamil-

ton County, Ohio, to take the testimony and deposition of John

David one of the witnesses to the said will, being now

returned with the deposition of the said John David, and

the testimony of all the witnesses to the said will being all

now reduced to writing and annexed to the will: and it now

appearing to the court, that the said will was duly executed and

attested, and that the testator at the time of executing the same

was of full age, and of sound mind and memory and not under

any restraint; thereupon the court upon consideration

thereof orders that the said will be admitted to probate as

duly proved as the last will and testament of the said

Media Gamble decd. and ordered to be recorded as such.

Copy and Record of the will.

I, Media Gamble of the town of Delaware in the State of Ohio,

being in feeble health but in sound mind do make and publish

this as my last will and testament.

I commend my soul to God in Jesus Christ, through whence

I trust for eternal salvation. I direct that my body be buried

in the cemetery, at Delaware, where I have spent the last twelve

years of my life and where I now reside.

Of the property of which I lie possessed, I make the following disposition.

First. I direct that the expenses of my funeral be paid from the semi=

=annual installation of interest now about due on the sum of one thousand

pounds in which I have a life estate bequeathed to me by my aunt,

the Late Mrs. Captain Ball of St. Helen's England.

Second. I direct that my executors shall purchase, within a year after

my death at his discretion, for my neice Mrs. Mary Sexton one

dozen silver table spoons, one dozen silver dessert spoons, and

one dozen silver teaspoons, also one dozen large knives

and forks and one dozen small knives and forks. And I appro-

priate for this purpose as much as may be necessary out of

the sum of three hundred dollars lately borrowed from me
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 229)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 229)

Description

[page 229]

[corresponds to labeled page 197 of Will Records Vol. 4 - 1859-1869]


197

Record of the will of Media Gamble decd. April 29th 1865.


by Prof F. S. Hoyt, and due in three months from the date

of loan.

Third. Of any surplus from the last named sum together

with the amount due me on settlement with Thomas Gamble

of Ireland and now in the hands of my lawyer, Baptist

Hernaghan, of Dublin Ireland, but of which the account

has not been rendered, I direct that upon its judgement to

my estate, one half shall be paid to the trustees of the Centenary

Fund of the Methodist Episcopal Church, for the benefit of the

Irish Correctional Funds, and the other half to the Freedman's

Aid Commission of the United States for the benefit of that charity.

Forth. I direct that the sum of one thousand dollars loaned

to and in the hands of James Gamble of Cincinnati to be

collected and paid by my executor to the American Bible Society

founded in New York in the year 1816, to be applied to the charitable

directors in said Society, John David M.D. of Cincinnati, Professor

William G. Williams of Delaware, and Professor Francis S. Hoyt

of Delaware.

Fifth. I direct that the sum of one thousand dollars loaned to

and in the hands of Mrs. Eliza Riger of Delaware be collected and

paid by my executors to the Missionary Society of the Methodist Episcopal

Church incorporated in New York in the year 1839, to be applied

to the charitable uses and purposes of said Society; provided that this

amount be not collected before Mrs. Riger's death; unless she pre-

fers to pay it earlier; on condition, however, that should she desire

to retain it, she paying interest at the rate of five percent per

annum, which shall be annually collected and paid by my

executor to the Missionary Society, until the principal sum be

collected and paid.

Sixth. All items of personal property not otherwise appropriated

I direct to be given to my sister Mrs. Eliza Riger, and to my niece

Mrs. Mary Sexton.

I hereby appoint William G. Williams executor of this my

last will and testament.

In witness whereof I have hereunto set my hand and seal

this 25th day of March in the year of our Lord 1865.

(Signed) Media Gamble (seal)

Signed and sealed in our presence

on the date above written.

(Signed) W. G. Williams

F. S. Hoyt.

John David. (end of the will.

Copy and record of the testimoney and depositions: -

The State of Ohio, Delaware County ss.

We William G. Williams and Francis S. Hoyt being duly sworn

in open court this 4th day of April A.D. 1865 depose and say, that

we were present at the execution of the last will and testament

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 230)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 230)

Description

[page 230]

[corresponds to labeled page 198 of Will Records Vol. 4 - 1859-1869]



198

Record of the will of Media Gamble, April 29th, 1865.

of Media Gamble hereto annexed; that we saw the testator

subscribe said will, and heard her publish and declare the

same to be her last will and testament, and that the said testator

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

of sound mind and memory and not under any restraint,

and that we signed the same as witnesses at her request, and

in her presence, and in the presence of each other.

(signed) W. G. Williams

Francis S. Hoyt.

Sworn to and subscribed before me this 4th day of April A.D. 1865.

T. W. Powell Probate Judge

Copy of the Commission issued and deposition taken therein

The State of Ohio.

Delaware County SS.

To the Probate Judge of Hamilton County in said state.

Greeting.

You are hereby authorized and empowered to take the

deposition of John David M.D. of Cincinnati, who is

one of the witnesses to the will and testament of Media Gamble

hereto annexed, as to the execution and attestations of the

said will, whom you will examine under oath, and reduce

his testimony to writing, which with the said will, you will seal

up and return to this court. And for so doing this shall be

your full power and commission.

seal of the Witness my hand and the seal of the said Probate Court
L.S.
Probate Court of Delaware County, this 5th day of April 1865.

{U.S. Stamp 5 cents} T. W. Powell Probate Judge

The following is the return to the Commission.

In the matter of the last will and testament of Media Gamble,

I Edward Woodruff, Probate Judge of Hamilton County, Ohio,

duly appoint and Commissioned by the Judge of the Probate Court of

the county of Delaware in the State of Ohio, to take the testimony

of John David M.D. one of the subscribing witnesses of the last

will and testament of Media Gamble deceased late a resident

of the said County of Delaware in the State of Ohio, which Com=

=mission and the said will are hereto annexed, do hereby certify that

in pursuance of said Commission I caused Said John David M.D.

one of the said subscribing witnesses as aforesaid to come person-

=ally before me at the court house in said county of Hamilton, Ohio

being by me first duly sworn according to law, to speak the truth, the

whole truth and nothing but the truth, concerning and in relation to

the execution of said will, deposes and says that he is one of the

subscribing witnesses to said will, with the other witnesses, W. G. Williams

and F. S. Hoyt; that he and they were present at making of said will,

hereto attached, marked "A.," and at the request of the deceased, subscribed

their names to said will as witnesses in the presence of the deceased

and of each other; that they saw the said Media Gamble deceased

sign and seal said will, and heard him acknowledge the same

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 231)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 231)

Description

[page 231]

[corresponds to labeled page 199 of Will Records Vol. 4 - 1859-1869]


199

Records of the will of Media Gamble April 29th, 1865.


to be his[her] last will and testament, that the said Media Gamble

deceased, was at the time of making, signing and sealing said

last will and testament of legal age, and of sound mind and

memory, and under no undue or unlawful restraint

whatever. (signed) John Davis.

I Edward Woodruff Probate Judge of Hamilton County

Ohio, do further certify that said testimony was reduced to writing

by myself in the presence of said witness John Davis M.D.

and subscribed by said witness in my presence on this 22nd day

of April 1865.

seal of Probate In testimony whereof I have hereunto set my hand

Court of Hamilton and seal of court this 22nd day of April 1865.

Co. Ohio. (signed) Edward Woodruff Probate Judge

L.S. Ham. Co. Ohio

Fees paid $5.00.

(End of this record)

______________________ = ________________________


Record of the will of Michael Gross decd.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 15th day of May

A.D. 1865.

This day the last will and testament of Michael Gross late

of this county decd. was presented to the court for probate and

record. Thereupon James Eaton, Amelzer H. McElroy and George

C. Eaton witnesses to the said will came in to court and were duly

sworn and examined and their testimony reduced to writing, and

now annexed to the will and filed therewith; and it appearing to

the court that the said will was duly executed and attested, and that

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

and of sound mind and memory and not under any restraint:

thereupon the court upon consideration thereof, orders that the

said will be admitted to probate

as duly proved as the last will and testament of said Michael

Gross decd. and ordered to be recorded as such.

Thereupon letters testamentary was duly issued to Joseph G.

Cole the executor named in the will.

Copy and Records of the Will.

I Michael Gross of Delaware County, State of Ohio, being of

sound and disposing mind, memory and understanding, do make and

publish & declare this to be my last will and testament; hereby revoking

and making null & void all former last will and testaments by me heretofore made.

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

my executor hereinafter named; also all the funeral expenses of

my beloved wife after her death, & her last sickness be paid

out of my estate.

2nd I give and bequeath to my said beloved wife Elizabeth Gross

all my personal property, money & credits, to her for her

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 232)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 232)

Description

[page 232]

[corresponds to labeled page 200 of Will Records Vol. 4 - 1859-1869]


200

Record of the will of Michael Gross decd. May 15th, 1865


own use to benefit, to use and dispose of for her comfort and support,

forever as her own property.

3rd. I give and bequeath to my said beloved wife Eliabeth Gross

all the rents, occupancy, use & benefits arising or growing or

proceeding out of or in my real estate, consisting of a tract of

land of twelve acres & 67 1/5 perches of land situated in said

Delaware County, State of Ohio, and in Range nineteen (19.) Township

five (5.) Section one (1.) United State Military, and being a part of

Lot No. 2b, in said Section; also about six acres of land adjoining north

of the east part of the above described tract of land being the south

part of the east part of Lots Nos. 26 & 27 in said Section one, during

her natural life for her own use and benefit & support & to dis-

=pose of as she may think proper - out of which proceeds she is

to pay all the taxes from time to time on said real estate.

4th. After the death of my said beloved wife I give and bequeath

my said real estate to my beloved sons and daughters, viz, my son

Isiah Jacob Gross and my daughters Catharine Matilda Sherman

wife of Gustavus Sherman, Susanna wife of I. E. Boynton,

Amelia Gross, Harriet Pierce wife of Mr. Pierce and Sarah

Gross to be equally invested and owned by my said children before named

and I do nominate and appoint Joseph C. Cole of Delaware County

State of Ohio my sole executor of this my last will and testament.

In testimony whereof I the said Michael Gross have hereto

subscribed my name and affixed my seal, this fifth day of

November in the year of our Lord eighteen hundred and sixty four.

Signed, sealed & delivered by said Michael Gross signed Michael Gross {seal}

to be his last will and testament in presence

of us, who at his request and in his presence

have subscribed our names as witnesses

hereto in the presence of each other.

(signed) A. H. McElroy

James Eaton

George C. Eaton (end of the will.)

The State of Ohio, Delaware County. SS.

for the matter of the last will and testament of Michael Gross of Troy

Township, Delaware County, Ohio, deceased.

We James Easton, A. H. McElroy and George C. Eaton being duly sworn in

open court this 12th day of May A.D. 1865, depose and say that we were

present at the execution of the last will and testament of Michael Gross of Delaware County,

hereto annexed; that we saw the said testator subscribe said will and heard him publish

and declare the same to be his last will and testament, and that the said testator

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

and not under any restraint, and that we signed the same and witnessed at his

request and in his presence and in the presence of each other.

(signed) James Eaton

A. H. McElroy

Geo. E. Eaton

Sworn to and subscribed before me in the Probate

Court this 15th day of May A.D. 1865.

T. W. Powell Probate Judge.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 233)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 233)

Description

[page 233]

[corresponds to labeled page 201 of Will Records Vol. 4 - 1859-1869]



201


Record of the Will of Alexander Thrall decd. June 12/65.


Proceedings had before Thomas W. Powell judge of the

Probate Court in and for Delaware County and the state

of Ohio, at his office in the town of Delaware on the

twelfth day of June A.D. 1865.

This day the last will and testament of Alexander Thrall

late of Berkshire in this county decd. was presented to

the court for probate and records. Thereupon Henry C. Frost

and William P. Frost witnesses to the said will came into Court

and were duly sworn and examined and their testimony reduced to

writing, and now annexed to the will and filed therewith;

and it appearing to the court that the said will was duly

executed and attested; and that the testator at the time of execu=

=ting the same was of full age, and of sound mind and

memory. and not under any restraint. Thereupon the court

upon consideration thereof, orders that the said will be

admitted to probate as duly proved as the last will and

testament of the said Alexander Thrall decd. and ordered

to be recorded as such.

Thereupon letters testamentary were granted and issued to

George E. Thrall the executor in the will, who accepted

the same and was duly qualified as such.

Copy and Record of the will.

I Alexander Thrall of Berkshire, Delaware, Ohio

through the blessings of Divine Provedence, am of sound

mind and memory, and in the enjoyment of my usual

health, for these and all other blessings I trust I am

truly grateful, do make and publish this my last will and

testament, revoking any and all other wills made by

me at any former time.

Item 1st. It is my will and request that all my just debts

be fully paid; also costs of administration, taxes assets

against my property before granting letters of admin=

=istration, subscriptions (if any) to religious and benevolent

purposes, with a plain but appropriate tombstone over

my grave.

Item 2nd. I give and bequeath unto my wife Sarah Thrall

all my furnature provisions on hand, fuel prepared

for use, one cow, the house and lot where she now lives

known as the Landon house, and six hundred dollars ($600)

in money, this to be in lieu of dower.

Item 3rd. I gave and bequeath unto my son Homer Hough

Thrall, fifteen hundred dollars ($1500) to be loaned at interest

on the most advantgeous terms, and to be secured by mortgage

on unencumbered real estate, to be worth at least double the

amount loaned exclusive of buildings or other perish=

=able property, but if loaned on personal security, then

not less than three good and responsible farmers to sign

the notes or bond for the same, each to be worth at least
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 234)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 234)

Description

[page 234]

[corresponds to labeled page 202 of Will Records Vol. 4 - 1859-1869]


202


Record of the will of Alexander Thrall June 12th 1865


double the amount in unencumbered real estate exclusive

of buildings, the interest in all cases to be paid annually and

if not paid within one month after due the principal to be col=

lected with the interest and invested as above, and after paying

the taxes, cost of taking care of the same, and a resonable

amount for Homer's support and education, if any of the

interest remains, the same to be reinvested as above;

and I do hereby appoint Orsamus D. Hough as guardian

of my said son Homer H. Thrall, and he is to control

his property.

Item 4th. I make the following bequests to George A. Thrall

and Edwin Thrall children of my son George B. Thrall to

each of them one hundred dollars; if one dies and leaves

no children, the other to receive his share.

Also to George Sherman son of my daughter Roxana Sherman

two hundred dollars ($200). Also to Horace Maynard and

Burns Maynard children of my wife's daughter Fidelia Maynard

one hundred dollars each, and I do hereby appoint George P.

Thrall my son as trustee to take care of all moneys

bequeath in this fourth item; and to be goverened in loan=

=ing the same in all respects as the guardian of my son Homer

is with his money; and in case where there is a bequest to

two children and one die the survivor to inherit; and in

case all die then the bequest to be equally divided among

the surviving brothers and sisters of the blood of the ancestor

viz, George E. Thrall's children, to his children; Roxanna Sherman's

son George to her children; and as the legatees because of

age each to receive the bequest with all interest that have

accrued except what has been legally paid for taxes & costs; but

if the legatees shall die before they arrive at full age,

then his share to be paid as above to each as he or she

shall arrive at full age.

Item 5th All the balance of my property real and personal

to be by my administrator reduced to money and to be equally

divided with with my wife Sarah and my children, George

E. Thrall, Roxanna Sherman and Homer H. Thrall, and I do

empower and hereby authorize my administrator to sell

and convey any and all real estate that I may own/except

what is bequeathed to my wife/to the best advantage either

at private or public sale, and if at private sale not less than

its appraised value, if at public sale, to be advertised at least

in five of the most public places in the heart of the county

where the property is situated, and thirty days notice to be

given, and the sale to be on the premises.

Item 6th. My daughter, Roxanna Sherman's share of the above

bequest to be kept at interest by son George E. Thrall under

the same rules and regulations as he is required in Item four,

as trustee; and to pay her annually one hundred dollars,

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 235)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 235)

Description

[page 235]

[corresponds to labeled page 203 of Will Records Vol. 4 - 1859-1869]


203


Record of the Will of Alexander Thrall, June 12th, 1865


The interest first and after that enough of the principal to make

up that sum until all is paid; but if she should die and have

a balance in his hands, then he to pay the sum to George

Sherman her son under the same regulation as he is to

pay said George Sherman in item fourth as above are authorized

and required.

Item 7th. I do hereby appoint my son George E. Thrall as

executor of this my last will and testament if he will settle

the estate for seventy five dollars in all; if not then my wife

Sarah will select an administrator.

In testimoney whereof I have hereunto set my hand and

seal this third (3rd) day of June Eighteen hundred and fifty

eight.

Signed and acknowledged by Alexander Thrall

as his last will and testament in our presence

and signed by us in his presence.

H. C. Frost }
Witnesses
W. P. Frost } (End of will.)

The State of Ohio, Delaware County, SS.

We Henry C. Frost and William P. Frost, being duly sworn in

open court this 12th day of June A.D. 1865, depose and say

that we were present at the execution of the last will and

testament of Alexander Thrall hereto annexed; that we saw

the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same being

of full age and of sound mind and memory and not under

any restraint; and that we signed the same as witnesses at

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

other. (Signed) H. C. Frost

W. P. Frost

Sworn to and subscribed in open court this 12th day of June

1865 before me. T. W. Powell, Probate Judge

_______________ " __________________

Record of the will of John Salmon decd. June 14th 1865.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the County of Delaware and

State of Ohio at his office in the town of Delaware

on the 14th day of June 1865.

This day the last will and testament of John Salmon

late of this county decd. was presented to the court for

probate and record; thereupon James B. W. Haynes and

William H. Fergason witnesses to the said will came into

court and were duly sworn and examined, and their testi-

-mony reduced to writing, and now annexed to the will

and filed therewith; and it appearing to the court that the

said will was duly executed and attested, and that the tes-

-tator at the time of executing the same was of full

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 236)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 236)

Description

[page 236]

[corresponds to labeled page 204 of Will Records Vol. 4 - 1859-1869]


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

restraint; therefore the court, upon conditions thereof, orders

that the said will be admitted to probate as duly proved as

the last will and testament of the said John Salmon decd.

and orders to be recorded as such.

And therefore the widow Mrs. Anna Salmon came

into court and made her election to take under

the will. (see the journal entry).

Copy and record of the will and testimony :___

In the name of the Benevolent Father of All.

I John Salmon of Delaware County, Ohio, do make

and publish this my last will and testament.

Item 1st. I give and devise to my beloved wife, in lieu of

her dower, the farm on which I now reside, containing

about one hundred acres during her natural life; and

all the stock, except one horse; house hold furnature, goods

provisions and other chattels which may be thereon at the

time of my decease during her natural life and aforesaid;

She, however, selling so much thereof as may be

sufficient to pay my just debts, in case any remain unpaid

at my decease.

Item 2nd. I give and devise to my son James Salmon one horse.

Item 3rd. At the death of my said wife the real estate aforesaid, and

such part of the personal property on the proceeds thereof as may

then remain unconsumed and unexpended, I give and devise

to my sons Benjamin Salmon and James Salmon and my daughter

Mixenda Shoemaker to be divided equally between them.

Item 4th. I do hereby nominate and appoint my beloved wife Anna

Salmon and my son James Salmon, executors of this my last

will and testament, hereby authorizing and empowering them

to compromise, adjust, release and discharge in such manner

as they may deem fit and proper the debts and claims due me.

I do also authorize them to empower them if it shall become

necessary in order to pay my debts (if any) to sell by private

sale or in such manner how much terms of credit or otherwise -

as they may think proper any part of my personal property.

In testimony whereof I have hereunto set my hand and seal,

his

this 22nd day of February A.D. 1858 (signed) John X Salmon (seal)

mark

signed and acknowledged by said John Salmon

as his last will and testament in our presence

and signed by us in his presence.

(signed) J. B. W. Haynes

W. H. Fergason. (end of will).


The State of Ohio, Delaware County, SS.

We, James B. W. Haynes and William H. Fergason being duly

sworn in open court this 26th day of April A.D. 1865, depose and

say that we were present at the execution of the last will and
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 237)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 237)

Description

[page 237]

[corresponds to labeled page 205 of Will Records Vol. 4 - 1859-1869]

205.

Record of the Will of John Salmon decd. June 14th, 1865


testament of John Salmon hereto annexed; that we saw him

the said testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said testator at

the time of executing the same was of full age and of sound

mind and memory and not under any restraint, and that we

signed the same as witnesses at his request and in his presence

and in the presence of each other. (signed) J. B. W. Haynes

William H. Fergason

Sworn to and subscribed before me this 26th day of April A.D. 1865

T. W. Powell Probate Judge

__________ = __________


Record of the will of Abdiel McAllister decd.

Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the County of Delaware and State

of Ohio at his office in the Town of Delaware on the

15th day of July 1865. to wit: _____

On 14th day of April last, the last will and testament of

Abdiel McAllister late of said county decd. was presented

for probate and records: thereupon Robert Wilson, one of the

witnesses to the said will, came into court, was duly sworn and

examined, and his testimoney reduced to writing, and now annexed

to the will and filed therewith, and it appearing that A. S. McMillen

the other witness to said will is decd.; thereupon on this day came

into court Henry Hodgden who was duly sworn and examined

and his testimoney in like manner reduced to writing and an-

-nexed to the said will and filed therewith; and thereupon it appearing

to the court that the said will was duly executed and attested, and

that the testator at the time of executing the same, was of full

age, and of sound mind and memory, and not under any restraints,

thereupon the court upon consideration thereof orders that the

said will be admitted to probate as duly proved as the last

will and testament of the said Abdiel McAllister decd. and ordered

to be recorded as such.

Copy and record of the will and testimony: _____

In the name of God Amen. I Abdiel McAllister

of the County of Delaware, and State of Ohio; being weak in

body, but sound in mind memory and understanding do make

and publish this my last will and testament; hereby revoking

and making void all former wills by me at any time made;

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

debts be fully paid by my executors or Administrators out of

my estate; and secondly I will and bequeath to my beloved

and affectionate wife Lucinda, all the residue of my estate

both real and personal, for her sole use, during her natural

life; and after her decease what remains to be equally divided

amongst my legal heirs - the heirs of my daughter Sarah E. to

draw their mother's share, and also the heirs of my daughter -

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 238)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 238)

Description

[page 238]

[corresponds to labeled page 206 of Will Records Vol. 4 - 1859-1869]


206


Records of the will of Abdiel McAllister decd. July 15th 1865.


Agness S. to draw their mother's share -- the shares of these

minor heirs of my daughters is to remain in the hands

of my son Richard T. McAllister until they arrive to a

mature age.

In testimony whereof I have hereunto set my hand and

seal this 21st day of January A.D. 1858.

Signed published and declared by the (signed) Abdiel McAllister

above-named Abdiel McAllister

as for his last will and testament

in presence of us, who at his

request have signed and witnessed

the same. A. S. McMillen

Robert Willson (end of the will).


Record of testimony

The State of Ohio, Delaware County. SS.

We Robert Willson and being duly sworn

in open court this 14th day of April A.D. 1865 depose and say

that we were present at the execution of the last will and

testament of Abdiel McAllister hereto annexed; that we saw

the said testator subscribe said will and heard him publish

and declare the same to be his last will and testament, and

that the said testator at the time of executing the same was

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

any restraint, and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(signed) Robert Wilson

Sworn to and subscribed before me this 14th day of April A.D. 1865.

T. W. Powell, Probate Judge

The State of Ohio, Delaware County, SS.

Henry Hodgden being duly sworn in open court upon

his oath deposes and says that he has examined the signatures

of the witnesses and testator to the will of Abdiel McAllister hereto

annexed, and says he is well acquainted with the hand writing

and signature of A. T. McMillen one of the witnesses thereto,

having frequently seen him write, and say the said signature is

with the hand writing and signature of said Abdiel McAllister

the testator, having frequently seen his signature is

his as witnessed to said will. And further says that I am acquainted

with the hand writing and signature of said Abdiel McAllister

the testator, having frequently seen his signature, and says that the

said signature of said Abdiel McAllister to said will is true and

genuine, as I verily believe. Said McMillen is now deceased.

(signed) Henry Hodgden,

Sworn to & subscribed this 15th day of July 1865.

T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 239)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 239)

Description

[page 239]

[corresponds to labeled page 207 of Will Records Vol. 4 - 1859-1869]

207


Record of the will of William G. Van Sickle decd. August 15th 1865.


Proceedings had before Thomas W. Powell judge

of the Probate Court in and for the County of Delaware and State

of Ohio, at his office in the town of Delaware on the 15th

day of August A.D. 1865 to wit: _____

This day the last will and testament of William G. Van Sickle

late of Kingston Township in this county decd. was produced to

the court for probate and record. Thereupon Henry Hodgden

and Amos Utley witnesses to the said will came into court

and were duly sworn as examined, and their testimoney reduced

to writing, and now annexed to the will and filed therewith; and

it appearing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the same

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

under any restraint; thereupon the court upon consideration

thereof orders that the said will be admitted to probate as

duly proved as the last will and testament of the said William

G. Van Sickle decd. and ordered to be recorded as such.

Copy and record of the will and testimony: _____

I William G. Van Sickle being of sound mind and memory

and in my usual health; for which I trust I truly thankful

to Divine Providence do make and publish this my last

will and testament.

Item 1st. It is my will and bequest that my son Emmerson

D. VanSickle shall have all my real estate and personal

property upon these conditions, that he is to pay all just

debts and legal demands against my estate; to take all

reasonable care of my wife, both in sickness and in health,

furnishing her with medical attendance and nurses, cloth-

-ing and in short every thing that is necessary for her comfort

and convenience of a person of her age and circumstances,

in life, this during her natural life.

Also he is to pay my son William J. Van Sickle three

thousand dollars, to be paid as follows, viz. when he is of age,

(if that is after my death) five hundred dollars, one year after

that time five hundred dollars, one year after that time six

hundred dollars, also at the expiration of another year eight hundred

dollars, thus at the end of each and every year one payment is

to be made until all is paid; all to be on interest after one

year from my death.

Item 3rd As I have given to my son Alfred S. Van Sickle one

hundred acres of land with three thousand dollars, which I con-

-sider his full share in my property, therefore, I have not

devised any more of my property to him.

Item 4th I do hereby appoint my son Emmerson D. Van

Sickle as administrator of this my last will and testament

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 240)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 240)

Description

[page 240]

[corresponds to labeled page 208 of Will Records Vol. 4 - 1859-1869]



208

Record of the Will of William G. Van Sickle decd. August 15th 1865


and do authorize and empower him to sell my real estate

if necessary to pay legal demands or legacies, to be sold

at either public or private sale, or the most advantageous

terms, and execute a good and sufficient deed therefore.

In testimoney whereof I have set my hand and seal this

16th day Sept. 1858 (signed) Wm. G. Van Sickle

signed and sealed in the presence of

Henry Hodgden

Amos Utley (end of the will.)

Record of the testimony: _____

The State of Ohio Delaware County SS

In the matter of the last will and testament of William G. Van Sickle

of Kingston Tp. in this county deceased.

We Henry Hodgden and Amos Utley being duly sworn in

open court this 15th day of August A.D. 1865, depose and say

that we were present at the execution of the last will and test-

ament of William G. Van Sickle of Kingston Township hereto

annexed; that we saw the said testator subscribe said will and

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

testament and that the said testator at the time of executing the

same was of full age, and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(signed) Henry Hodgden

Amos Utley.

Sworn to and subscribed before me in the Probate Court

this 15th day of August A.D. 1865. T. W. Powell, Probate Judge


____________________ = __________________


Record

of the will of Isaac Curren decd. August 18th, 1865.

Proceedings held before Thomas W. Powell Judge

of the Probate Court in and for the county of Delaware

and State of Ohio, at his office in the town of Delaware

on the 18th day of August A.D. 1865 to wit: _____

This day the last will and testament of Isaac Curren

late of Radnor Township in this county was presented to the

court for probate and records. Hereupon Elijah Dix and

James P. Osborn witnesses to the said will came into court and

were duly sworn and examined and their testimony reduced

to writing as now annexed to the will and filed therewith;

and it appearing to the court that the said will was duly executed

and attested; and that the testator at the time of executing the

same was of full age, and of sound mind and memory, and not

under any restraint; thereupon the court upon consideration

thereof orders that this said will be admitted to probate as

duly proved as the last will and testament of the said Isaac

Curren decd. and ordered to be recorded as such.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 241)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 241)

Description

[page 241]

[corresponds to labeled page 209 of Will Records Vol. 4 - 1859-1869]


209

Record of the will of Isaac Curren decd. August 18th, 1865.

Copy and records of the will and testimony.

In the name of the Benevolent Father of all.

In view of the certainty of death and the uncertainty

of life; I Isaac Curren of the Township of Radnor, Delaware

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

First: I give and devise to my beloved wife the farm on which

we now reside situate in the county Delaware and State of Ohio,

and in Radnor Township being lot 20, Range 20, Township 6,

Section 1, U. S. M. containing one hundred acres; and I further

give and devise to my beloved wife sixteen and 2/3 acres

of land being the undivided one third of fifty acres in

lot number 21 in T. R. & Section above named; during the

life time of my said wife and upon her death then I give

and bequeath to my daughter Catharine Ellen fifty acres

off of the South side on the south half of the farm on

which I now reside, of which a life estate is bequeath to

my said wife. Also on the demise of my said wife I give

and bequeath to my before named daugther Catharine

Ellen the sixteen and 2/3 acres, being the undivided one third

of fifty acres in lot No. 21 in Township Section of Range

before mentioned.

Thirdly. On the death of my said wife I give and bequeath

the north half of the lot on which I now reside (being fifty

acres of land before described) equally to my son Henry

Curren and my son Joseph Curren and my daughter

Mariah Cushman and my daughter Mary Ann Lodwig.

Fourthly, I give and bequeath all of my personal property

to my said wife Nancy Curren, and she is to pay all my just

debts; and upon her death, whatever remaining of said personal

property, I give and bequeath equally to all of my sons

and daughters, to wit; Henry Curren, Joseph Curren, Mariah

Cushman, Mary Ann Lodwig and Catharine Ellen Curren.

Fifthly. I desire that no appraisement and no sale of

my personal property be made and that the court

of probate direct the omission of the same.

Sixthly. I do hereby nominate and appoint my wife

Nancy Curren and my son Henry Curren Executors of

my last will and testament.

In testimony hereof I have hereupon set my hand

and seal this 21 day of November in the year 1864.

Signed and acknowledged by said (signed) Isaac Curren (seal)

Isaac Curren as his last will

and testament in our presence,

and signed by us in his presence.

(signed) Elijah Dix.

James R. Osborn. (end of the will)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 242)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 242)

Description

[page 242]

[corresponds to labeled page 210 of Will Records Vol. 4 - 1859-1869]


210


Record of the Will of Isaac Curren decd. August 18th, 1865.


Record of the testimony. _____

The State of Ohio, Delaware County Ss.

In the matter of the will and testament of Issac Curren late

of Radnor Township deceased.

We Elijah Dix and James P. Osborn being duly sworn

in open court this 18th day of August A.D. 1865, depose and

say, that we were present at the execution of the last will

and testament of Isaac Curren of Radnor Township

hereto annexed, that we saw the said testator subscribe said

will, and heard him publish and declare that same to be his

last will and testament, and that the said testator at the time

of executing the same was of full age, and of sound

mind and memory, and not under any restraint, and

that we signed the same as witnesses at his request as in his

presence, and in the presence of each other.

(signed) E. Dix.

James P. Osborn.

Sworn to and subscribed before me in the Probate Court this 18th

day of August A.D. 1865 T. W. Powell Probate Judge

__________ = __________

Record of the Will of Noble Andrew decd. August 2th 1865


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 25th day of

August 1865. to wit: _____

This day Mr. Jonas Harrison (the Executor) presents the last

will and testament of Noble Andrew of Porter Township decd to

the court for probate and record. Thereupon Thompson Roberts

and Lafayette Vining witnesses to the said will came into court

and were duly sworn and examined and their testimony reduced

to writing, and now annexed to the will and filed therewith; and

it appearing to the court that the said will was duly executed

and attested, and that the testator at the time of executing the

same was of full age, and of sound mind and memory and not

under any restraint. - Thereupon the Court upon consider=

ation thereof orders that the said will be admitted to probate

as the last will and testament of the said Noble Andrew decd. and

ordered that the same be recorded as such.

Copy and records of the will and testimony:

I Noble Andrew of the Township of Porter in the county

of Delaware and State of Ohio, being of sound mind, memory and

understanding do make and publish this my last will and testament

in manner and form following: _____

First. It is my will that all my funeral expenses be paid, and

and all my just and lawful debts.

And Secondly; I give and bequeath to my wife Charlotte Andrew

for and during the period of her lifetime the use and occupancy of

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 243)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 243)

Description

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211


Record of the Will of Noble Andrew decd. August 25th 1865.

of the house and lot of land on which we now reside, situ

-ated in the said Porter Township, Delaware County and State of

Ohio, and also all of my personal property for her own use

during her lifetime.

And I do bequeath to Charlotte June and Anne Eliza

Andrew, daughters of my son Issac deceased when they

become of lawful age, the house and lot of land with all

the improvements belonging thereto, joining the place where

I now live, on the south, and being the house and lot for-

-merly occupied by my son Isaac decd. and Catharine Andrew

his wife; and I do further bequeath to my above named grand

daugthers at the decease of my wife a lot of land described

as follows, lying on the north of the above name lot,

commencing in the center of the county road leading from

Olive Green to Macedonia on a parallel line with a

board fence running east and west near and on the North

side of the house above named; thence northerly along the

center of said county road fourteen rods and seven feet; thence

west to the land now owned by Thompson Roberts; thence south

along the east line of said land fourteen rods and seven feet

to the above named board fence; thence east along said fence

to the place of beginning; And I do also bequeath to Catharine

Andrew wife of my son Isaac deceased the use of the house

and lot above named during the minor years of the said Charlotte

Jane and Ann Eliza Andrew, and also the use of the vacant

lot of land above described after my wife's decease, until said

Children shall become of age, if so be that my wife's decease

should occur before the said children shall become of age.

And all the parts of my estate whatsoever which may remain

unexpended in the bequests aforesaid and such as may be left

at the decease of my wife, I do give and bequeath to my son

Richard Andrew and my daughter Melvina Vanwert, to be divi-

-ded as follows: my son Richard to have the homestead lot where

we now live by paying my daugther Melvina fifty dollars.

And I do hereby nominate and appoint Jonas Harrison

Executor of this my last will and testament, hereby authorizing him

and empowering him to compromise and adjust, release and discharge

in such manner as he may deem proper debts and claims due

to me; and I do authorize and empower him if it be found necessary

in order to pay my debts as the stipulation of this my last will

and testament, to sell by private sale or otherwise so much of my

property, personal or real as may be found necessary to pay

my debts. In testimony whereof I have hereunto set my hand this seven-

-teenth day of March in the year of our Lord one thousand eight hundred and

sixty four. (signed) Noble Andrew.

Signed and acknowledged by said Noble Andrew as his last will

and testament in our presence and signed by each of us in his

presence, and by his request. (signed) Thompson Roberts

Lafayette Vining (end of will)

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 244)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 244)

Description

[page 244]

[corresponds to labeled page 212 of Will Records Vol. 4 - 1859-1869]


212

Record of the will of Noble Andrews decd. August 25th 1865.


Record of the testimony to wit: _____

The state of Ohio, Delaware County Ss

In the matter of the last will and testament of Noble Andrew decd.

late of Porter Tp Delaware County decd.

We Thompson Roberts and Lafayette Vining being duly sworn

in open court this 25th day of August A.D. 1865, depose and say that

we were present at the execution of the last will and testament of

Noble Andrew of Porter Township in this county hereto

annexed that we saw the testator subscribe said will and heard

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

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

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

any restraint, and that we signed the same as witnessed at his

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

(signed) Thompson Roberts

Lafayette Vining.

Sworn to and subscribed before me in the Probate Court

this 25th day of August A.D. 1865. T. W. Powell

__________ = __________

Record of the will of William L. Welch decd.


Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the County of Delaware and State

of Ohio at his office in the town of Delaware on the 10th

day of October A.D. 1865.

This day Arabel Welch presents to the court the last will

and testament of William L. Welch late of Delaware decd. for

probate and records. Thereupon Henry W. Chamberlain

and John Wolfley witnesses to the said will came into court and

were duly sworn and examined, and their testimony reduced

to writing, and now annexed to the will and filed therewith, and

it appearing to the court that the said will was duly executed and

attested and that the testator at the time of executing the same

was of full age and of sound mind and memory and not under

any restraint, thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said William L. Welch decd.

and ordered to be recorded as such.

Thereupon letters testamentary were granted unto Asahel Welch,

Sally Welch and Luretta Welch the three executors named in the

will who gave bonds in the sum of $5000 with W. Chamberlain

John Wolfley and Charles Stenbeck their surities. The executors being

the residuary legatees gave bonds conditioned that they

pay all the debts and legacies of the testator. And the execu-

-tors are not required to inventory the estate.

Copy and record of the said will.

In the name of God, Amen.

I William S. Welch of Delaware County, Ohio, being of

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 245)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 245)

Description

[page 245]

[corresponds to labeled page 213 of Will Records Vol. 4 - 1859-1869]


213


of sound mind and disposing memory, but weak

in body, do make and publish this my last will and testament.

First. I will and direct, that all my just and legal debts be first

paid out of my estate.

Second. I hereby devise and bequeath unto my sisters

Sallie Welch and Luriella Welch and unto my brother

Asahel Welch, all my property both real and personal

wherever situated, and of whatever nature. To have and to

hold until them and their heirs and assigns forever share

and share alike.

Third. I hereby appoint and constitute Sallie Welch, Lu-

rietta Welch and Asahel Welch as the executors of

this my last will and testament; hereby revoking and annul-

-ling all former wills by me made, and declaring this

and this only to be my last will and testament.

In testimony whereof I have hereunto set my hand

and seal this 5th day of April A.D. 1865.

Signed, sealed and published by this said (signed) W. L. Welch

William L. Welch as for his last

will and testament in our presence

and we at his request, signed the same

in his presence and in the presence

of each other as witnesses thereto.

(signed) Henry B. Chamberlain

John Wolfley (end of will.)

Record of the testimony and deposition.

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of William L.

Welch late of Delaware deceased.

We, Henry W. Chamberlain and John Wolfley being duly

sworn in open court this 10th day of October A.D. 1865, depose

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

will and testament of William L. Welch of Delaware hereto

annexed, that we saw the said testator subscribe said will

and heard him publish and declare the same to be his

last will and testament, and that the said testator at the time

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

and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his

presence and in the presence of each other.

(signed) Henry W. Chamberlain

John Wolfley.

Signed and sworn to before me, in the Probate Court this 10th day of

October A.D. 1865. T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 246)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 246)

Description

[page 246]

[corresponds to labeled page 214 of Will Records Vol. 4 - 1859-1869]


214


Record of the will for Azor Saunders decd. October 12th, 1865.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and the State

of Ohio, at his office in the town of Delaware on the 12th

day of October A.D. 1865.

This day the last will and testament of Azor Saunders late

of Berlin Township in this county decd. was presented to the

court for probate and record. Thereupon Charles Neil and

John W. Neil the subscribing witnesses to the said will came

into court and were duly sworn and examined, and their

testimony reduced to writing, and now annexed to the

will and filed therewith, and it appearing to the court that the said

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

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

mind and memory and not under any restraint; thereupon

the court upon consideration thereof, orders that the said

will be admitted to probate as duly proved as the last will

and testament of the said Azor Saunders decd, and ordered

to be recorded as such.

Copy and record of the will.

"In the name of the Benevolent Father of All.

I Azor Saunders of Berlin Township in Delaware County

and State of Ohio, do make and publish this my last will and

testament.

Item 1st. I give and devise to my beloved wife Elizabeth

in lieu of her dower, the farm on which we now reside

situate in Berlin Township in Delaware County, Ohio;

containing eighty six acres of land during her natural

life; and all the stock, household furnature, provisions

and other goods and chattels, which may be there at the time

of my decease, during her natural life aforesaid, selling

so much thereof as may be sufficient to pay my just debts.

Provided, however, in my said wife Elizabeth should again marry

then she is to have but one third of the aforesaid real and

personal estate; and the remaining two thirds to be divided

to my children as follows: __ To my grandson, who is the son

of Edward Saunders, one hundred dollars when he arrives

at the age of twenty one years, and to my daughter Mary Wheaton

one thousand dollars; and to my son Edwin P. Saunders the re=

=maining part of said real and personal estate.

Item 2nd. In case my wife should remain my widow to the close

of her natural life, then at her death the unconsumed part of

said estate is to be divided as aforesaid among the aforesaid

heirs. I do hereby revoke all former wills by me made

In testimony whereof - I have hereunto set my hand and seal this 24th day

of July A.D. 1865. (signed) Azor Saunders

Signed and acknowledged by said Azor Saunders as his last will (seal)

and testament in our presence and signed by Charles Neil

up in his presence __________ John W. Neil (end of will)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 247)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 247)

Description

[page 247]

[corresponds to labeled page 215 of Will Records Vol. 4 - 1859-1869]


215


Record of the will of Azor Saunders decd. October 12th, 1865.

Record and copy of the testimoney and depositions to wit.

"The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Azor Saunders

decd. late of Berlin Township.

We Charles Neil and John W. Neil being duly sworn in

open court, this 12th day of October A.D. 1865, depose and say

that we were present at the execution of the last will and

testament of Azor Saunders of Berlin Township hereto

annexed; that we saw the said testator subscribe said

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

last will and testament, and that the said testator at the time

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

and memory, and not under any restraint, and that we

signed the same as witnesses at his request and in his

presence, and in the presence of each other.

(signed) Charles Neil

John D. Neil

Sworn to and subscribed before me in the Probate Court

this 12th day of October A.D. 1865.

T. W. Powell, Probate Judge

__________ = __________


Record of the will of William P. Thomas, decd.

Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the county of Delaware on

the 30th day of October A.D. 1865.

This day the last will and testament of William P. Thomas

late of Radnor in this county decd. was presented to the court for

probate and record. Thereupon Richard Rumford and Thomas

Edwards, the subscribing witnesses to the said will, came

into court, and were duly sworn and examined, and their

testimony reduced to writing, and now annexed to the will

and filed therewith, and it appearing to the court that the said

will was duly executed and attested, and that the testator

at the time of executing the same was of full age

and of sound mind and memory and not under any restraint

thereupon the court upon consideration thereof, orders that

the said will be admitted to probate as duly proved as the

last will and testament of the said William P. Thomas decd.

and ordered to be recorded as such.

Copy and record of the will.

"I William P. Thomas of Radnor Township in Delaware County

in the state of Ohio do make and publish this my last will and

testament in manner and form following that is to say __________

First. It is my will that my funeral expenses and all my just

debts be fully paid.

Second. I give, devise and bequeath to my my sister in law

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 248)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 248)

Description

[page 248]

[corresponds to labeled page 216 of Will Records Vol. 4 - 1859-1869]



216

Record of the will of William P. Thomas decd. October 30th 1865


to Jane Jones, wife of David T. Jones fifty dollars.

Third. I give, devise and bequeath to my sister-in-law Mary

Perry and her two daughters, Jane Jones and Catherine David

all my beds and bedclothes also my silver spoons.

Fourth. I give, devise and bequeath to my two brothers

and sister, Robert Thomas, Griffith Thomas and Catharine

Thomas of Carvarvonshire, North Wales, equally divided be-

-tween the last three mentioned after paying the above mentioned.

Also, I devise and bequeath all my books to my two brothers and

sister, if they wish to have them, if not my executor to dispose

of them in the best manner.

And lastly I hereby constitute and appoint John Humphrays

to be the executor for this my last will and testament; revoking

and annulling all former wills by me made; and ratifying

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

testament. In testimony whereof I have hereunto set

my hand and seal this 19th day of October A.D. 1865.

(signed) William P. x Thomas

Signed, published and declared by the above

named William P. Thomas as and for his

last will and testament in the presence of

us, who at his request signed as witnesses to

the same. (signed) Richard Bumford

Thomas Edwards. (End of the will)

Record of the testimony, to wit: _____


The State of Ohio

Delaware County, Ss,

In the matter of

the last will and testament of William P. Thomas

late of Radnor deceased.

We Richard Bumford and Thomas Edwards being

duly sworn in open court this 30th day of October

A.D. 1865 depose and say that we were present at

the execution of the last will and testament of William

P. Thomas of Radnor in said county hereto annexed

that we saw the said testator subscribe said will

and heard him publish and declare the same to be

his last will and testament, and that the said testator

at the time of executing the same was of full age

and of sound mind and memory and not under

any restraint, and that, we signed the same as

witnesses at his request and in his presence and in

the presence of each other. Richard Bumford

Thomas Edwards

Sworn to and subscribed before me in the Probate Court

this 30th day of October A.D. 1865

T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 249)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 249)

Description

[page 249]

[corresponds to labeled page 217 of Will Records Vol. 4 - 1859-1869]


217

Record of the will of John Rosecrans decd. November 22nd 1865.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and the state

of Ohio, at his office in the town of Delaware, on the 22nd

day of November A.D. 1865.

This day the last will and testament of John Rosecrans

decd. heretofore by this court sent to Marengo, Iowa County, Iowa

together with the commission therewith issued to take the deposition

of Alvin Rosecrans one of the witnesses thereto was returned

with the testimony of the said Alvin Rosecrans duly taken;

and the testimony of the said Festus Utley and Alvin Rosecrans

annexed to the said will and filed therewith. And it appear-

-ing to the court that the said will was duly executed and

attested, and that the testator at the time of executing the

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

and not under any restraint; thereupon the court, upon

consideration thereof orders that the said will be

admitted to probate as duly proved as the last will and

testament of the said John Rosecrans, and ordered to be

recorded as such.

Copy and record of the will.

" In the name of the Benevolent Father of All.

I John Rosecrans of Kingston, Delaware County, Ohio

do make and publish this my last will and testament.

I give and devise to my beloved wife in lieu of her dower

the farm on which we now reside, situate in Kingston, Delaware

County, Ohio, containing about one hundred and seventy acres

(with the exception of seventy five acres of land off of the west

end of said farm) she however selling so much thereof as may

be sufficient to pay my just debts. Also, all the stock house-

-hold goods and chattles which may be thereon at the time of

my decease. At the death of my wife the real estate afore-

-said I give and devise to my son Sam and his heirs. If however

my son Sam should die before the decease of my said wife

leaving no children living at the decease of my said wife,

then the share of said property above devised to such deceased

now is hereby devised and bequeathed to my said wife. If my

said wife and son Sam should not survive me, then I devise

and bequeath the property aforesaid to my two sons Alvin and Peter

J. and daughter Elizabeth, equally, and to their heirs forever.

It is hereby intended that the personal property above mentioned

should first be set in preference to the real estate to pay debts.

I also empower my wife to sell or dispose of the above pro-

-perty and convert the avails to any use she may think proper.

Item 2nd. I devise and bequeath to my son Sam seventy

five acres of land off of the west end of the farm. We now

reside on situated in Kingston Tp. Delaware Co. Ohio.

(over) _________

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 250)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 250)

Description

[page 250]

[corresponds to labeled page 218 of Will Records Vol. 4 - 1859-1869]



218

Record of the will of John Rosecrans November 22nd 1865.

I do hereby nominate and appoint my wife Mary Rose-

-crans Executrix of this my last will and testament; hereby au-

-thorizing and empowering her to compromise and adjust, re-

-lease and discharge in such manner as she may deem

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

and empower her if it shall become necessary in order to

pay my debts to sell by private sale in such manner, upon

such terms of credit or otherwise as she may think proper,

all or any part of my real estate, and deeds to purchasers

to execute, acknowledge and deliver in fee simple.

I desire that no appraisement be made, and no

sale of my personal property be made and that the court

of Probate direct the omission of the same in pursuance

of the statute. In testimony hereof I have hereunto

set my hand and seal this 19th day of September A.D. 1859.

(signed) John Rosecrans

Signed and acknowledged by said John Rosecrans

as his last will and testament in our presence

and signed by us in his presence.

(signed) Festus Utley

Alvin Rosecrans (end of the will)

Record of the testimony and despositions etc

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of John Rosecrans of

Kingston Township deceased.

I Festus Utley (who was a witness with Alvin Rosecrans to said

will) being duly sworn in open court this 7th day of November

A.D. 1865, depose and say that we were present at the execution

of the last will and testament of John Rosecrans of Kingston Township

hereto annexed; that we saw the said testator subscribe said will

and testament, and that the said testator at the time of executing

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

not under any restraint, and that we signed the same as witnesses

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

other. (signed) Festus Utley

Sworn to and subscribed before me in the Probate Court this 7th day

of November A.D. 1865. T.W. Powell Probate Judge.

Thereupon the court issued the requisite commission to

take the testimony of the said Alvin Rosecrans of which the

following is a true copy, to wit: _____

The State of Ohio

Delaware County, Ss. In the Probate Court.

To Peter J. Rosecrans of Iowa County in the state of Iowa,

or to the Clerk of the Court in the said county of Iowa, or to the

Judge of the County Court of said Iowa County, or either of

severally: Greeting: _____

I Thomas W. Powell Judge of the Probate Court in & for


Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 251)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 251)

Description

[page 251]

[corresponds to labeled page 219 of Will Records Vol. 4 - 1859-1869]


219

Record of the will of John Rosecrans November 22nd, 1865


the county of Delaware placing special confidence in you

and each of you severally, do hereby constitute and ap-

-point any one of you who may act in the premises of com-

-missiones to take the testimony of Alvin Rosecrans of your

county, who is one of the witnesses to the last will and testament

of John Rosecrans late of Delaware County, Ohio, decd.

hereto annexed as to the execution and attestation therefore:

and for that purpose you are hereby authorized and empowered

to administer to him the proper oath to testify the truth

and the whole truth in relation thereto, and take his

deposition in writing; and certify the same to this court

together with the said will, this commission, and your proceed-

-ings thereon properly sealed up in a letter directed to this

court. For which purpose this shall be your authority and

Commission. In testimony whereof I have hereto

set my hand and affixed the seal of said

Probate Court at Delaware, Ohio, this 8th

day of November 1865.

T.W. Powell Probate Judge.

to which Commission the following return was returned

in pursuance of the within commission the undersigned

one of the persons therein commissioned hereby certify that on

the 17th day of November A.D. 1865, the within named Alvin Rose-

-crans appears before me at my office in Marengo

Iowa Co. Iowa, and was duly sworn by me to testify the

truth, the whole truth, and nothing but the truth in relation

to the execution and attestation of the last will and testa-

ment of John Rosecrans hereto annexed, and therefore

he was duly examined and testified, and his depositions

taken in writing and to the will annexed & certified by me,

and now by me sealed up and sent to the Probate Court of

Delaware County, Ohio; As witness my hand the day and

{seal of the county} year above written

{of Iowa Iowa} (signed) J. W. Willits

County Judge Iowa Co. Iowa.

Copy and Record of the deposition

The State of Ohio Delaware County Ss.

In the matter of the last will and testament of John Rosecrans late of

Kingston Township deceased.

I Alvin Rosecrans (who was a witness with Festus Utley to the

said will) being duly sworn by and before the undersigned Commissioner

this 17th day of Nov. A.D. 1865 at Marengo in the County of Iowa, in the

sate of Iowa, depose and say that we were present at the execution

of the last will and testament of John Rosecrans of Kingston in Delaware County, Ohio

hereto, annexed, that we saw the testator subscribe said will and heard him publish and declare

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

testator at the time of executing the same was of full

(over) _____
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 252)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 252)

Description

[page 252]

[corresponds to labeled page 220 of Will Records Vol. 4 - 1859-1869]



220

Record of the will of John Rosecrans decd. November 22, 1865


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

any restraint, and that we signed the same as witnesses

at his request also in his presence, and in the presence of

each other. And deponent further states that the matters

and things set forth in the above and foregoing affidavit in

relations to the last will and testament of John Rosecrans decd.

is true in substance and in fact to the best of his know-

-ledge and belief. (signed) Alvin Rosecrans.

Sworn to and subscribed before me the undersigned Commissioner

this 17th day of November A.D. 1865

[U.S. Stamp 5 cts.] (signed) A. H. Willits

County Judge Iowa Co. Iowa.

_____________________=_________________________


Record of the will of Jacob Smith late of Delaware decd.


Proceedings heard before Thomas W. Powell judge of

the Probate Court in and for the county of Delaware and

the State of Ohio, at his office in the Town of Delaware

on the 19th day of December A.D. 1865.

This day the last will and testament of Jacob Smith late

of Delaware Township decd. was presented to the court for

Probate and record. Thereupon John Houg and John Jacob

Miller, subscribing witnesses to the said will came into

court, and were duly sworn and examined and their tes-

-timony reduced to writing, and now annexed to the will

and filed therewith; and it appearing to the court that the

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

at the time of executing the same was of full age

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

Thereupon the Court upon consideration thereof, orders that

the said will be admitted to probate as the last will and testa-

ment of the said Jacob Smith decd. and ordered to be recor

=ded as such._____to wit:_____

Copy and record of the will.

On this twenty eighth day of November in the year of

our Lord Eighteen hundred and sixty five; I Jacob Smith of

Delaware Township in the county of Delaware, State of Ohio,

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

revoking all former wills by me made.

I do give, devise and bequeath unto my beloved

wife Christena Margaret Smith all my personal property, in

whatsoever form the same may be in at my death; whether

household furnature, farm stock, notes, bonds, accounts

money or in any other form whatsoever. I bequeath to

her the personal property to be hers absolutely.

I give and devise to my said wife Christina Margaret

Smith to have and to hold during her natural life the farm
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 253)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 253)

Description

[page 253]

[corresponds to labeled page 221 of Will Records Vol. 4 - 1859-1869]



221

Record of the Will of Jacob Smith December 19th 1866.


the farm on which we now live containing about sixty

acres more or less, situated in Delaware township, Delaware

County, State of Ohio, in Section four, township five, Range

nineteen, United States Military Lands; said farm being made

up of the pieces of land conveyed to me at different times

by Tobias F. Richarts & wife by John Hair and wife, by Charles

Wotring & wife, by Gottlieb Albright and wife.

It is my will and desire that my said wife have said

farm and any other land of which I may be the owner

of at my death, to hold, control & have the entire sole

use of so long as she shall live; and it is my will

and desire that at her death, said farm and land be equally

the property in fee simple of such of any children as

may then be living; and that if - at the death of my said

wife, any of my children shall have died, then that the

children of any child who may have died leaving children,

shall have the same share jointly, as their parent would

have had if living. I nominate constitute and

appoint my said wife executrix of this my last will and

testament; and it is my desire that she be not required to

give any land, nor to return any inventory or appraise=

-ment of the property or any part thereof to court, and that

she be not required to make any sale thereof.

In testimony whereof I have hereunto set my hand

and seal this 28th day of November A.D. 1865.

(signed) [illegible] seal

Signed, sealed and acknowledged by said Jacob Smith

to be his last will & testament in our presence &

signed by us as witnesses thereto in his presence

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

(signed) [illegible] Young

[illegible] Jakob Mullane


(Record of the testimony)

The state of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Jacob Smith, late
of Delaware Township decd.

We John Houg and John Jacob Miller being duly sworn in open

court this 19th day of December A.D. 1865, depose and say, that we were

present at the execution of the last will and testament of Jacob Smith
of Delaware

Township, hereto annexed that we saw the said testator subscribe said

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

and testament, and that the said testator at the time of executing the

same was of full age, and of sound mind and memory, and not

acting under any restraint and that we signed the same as

witnesses at his request and in his presence, and in the

presence of each other. (signed) Johan (illigible)

Johan [illigible)

Sworn to and subscribed before me in the Probate Court this 19th day of

December A.D. 1865. T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 254)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 254)

Description

[page 254]

[corresponds to labeled page 222 of Will Records Vol. 4 - 1859-1869]


222

Record of the will of Thomas Main decd. December 20th 1865.


Proceedings heard before Thomas W. Powell judge of the

Probate Court in and for the said county of Delaware and

State of Ohio at his office in the Town of Delaware

on the 20th day of December A.D. 1865.

This day the last will and testament of Thomas Main late

of Troy Township decd. having been presented to this court

for probate and records and the testimony of Madison

Main one of the witnesses to the said will having been

taken and reduced to writing on the eighth day inst.

and Eleazar Main the other subscribing witness being

unwell and unable to attend court, a commission was

issued to Joseph E. Cole Esq. to take his testimony,

which has now been returned to court with the testimony

of the said Eliazor Main duly taken and reduced to writing.

And it now appearing to the court that the said will was

duly executed and attested, and that the said testator at

the time of executing the same was of full age, and

of sound mind and memory and not under any restraint,

therefore the court upon consideration thereof - orders

that the said will be admitted to probate as duly proven as

the last will and testament of the said Thomas Main decd.

and ordered to be recorded as such.

(Copy and record of the Will.)

In the name of the Benevolent Father of

I Thomas Main in the county of Delaware and State of

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

Item 1st. I give and devise to my beloved wife, in lieu

of her dower, the farm on which we now reside situate

in the Township of Troy and in Range nineteen (19) T, six,

and Section four (4) U.S. Military Lands in Ohio, containing

about one hundred and ten acres (110), during her natural

life (or while she remains my widow;) and all the stock

household goods, furnature, farm and other and other goods

and chattles which may be thereon, at the time of my decease

during her natural life as aforesaid; she selling so much

thereof by public or private sale as she thinks best, suffi-

-cient to pay my just debts. At the death of my wife the real

estate aforesaid and such part of the personal property that as

may then remain unconsummed and unexpended, I give and

devise to my sons, Azariah Main, Marion Main and

Elkanah Main, by their paying my daughters to wit, Albina

Main six hundred dollars, to Jane Roe five hundred dollars

and to Philata Marilla Main five hundred dollars; the money

to be paid when they come in possession, and if not paid, they are

required to give indulgence by receiving interest from

that date.

Item 2nd. I do hereby nominate and appoint my beloved

wife guardian of my daughter Philata Main, until
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 255)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 255)

Description

[page 255]

[corresponds to labeled page 223 of Will Records Vol. 4 - 1859-1869]


223

Record of the Will of Thomas Main decd, December 20th 1865.


until the said Philata Main arrives at the age of eigh-

-teen or intermarries or if in case my wife should

again marry her guardianship of said child shall cease

and determine.

Item 3rd. I do hereby nominate and appoint my

beloved wife executrix of this my last will and testament

hereby authorizing and empowering her to collect, pay over

and cancel any claim, and make sale, either private

or public as she may think best, to satisfy all my debts.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal, this 1st day of November in the year A.D. 1865

his

(signed) Thomas Main X (seal)

mark

Signed and acknowledged by said Thomas Main

as his last will and testament in our

presence; and signed by us in his presence

(signed) Eleazar Main

Madison Main (end of the will)

(copy and Record of the testimony)

The state of Ohio, Delaware County Ss

In the matter of the last will and testament of Thomas Main late of

Troy Township deceased.

I Madison Main being duly sworn in open court this

8th day of December A.D. 1865 depose and say that we, (myself

and Eleazor Main) were present at the execution of the last

will and testament of Thomas Main of Troy Township hereto

annexed, that we (myself as Eleazor Main) saw the said testator

subscribe said will, and heard him publish and declare the

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

testator, at the time of executing the same was of full

and of sound mind and memory and not under any rest-

-raint and that we signed the same as witnesses at his

request and in his presence and in the presence of each other.

(signed) Madison Main

Sworn to and subscribed before me in the Probate Court this 8th

day of December A.D. 1865. T. W. Powell Probate Judge

(copy & Record of the Commission and testimony taken)

The State of Ohio,

Delaware County, Ss} In the Probate court.

To Joseph C. Cole Esqr. of Troy Township.

Placing special confidence in your integrity

and ability, you are hereby appointed commissioner to take

the testimony of Eleazor Main (who is sick and unable

to attend court) as witness to the last will and testament of Thomas

Main decd. late of Troy Township, hereto annexed and reduce

his testimony to writing as to the execution and attestation

of his said will, and then return the same under your seal

to this court, and as such commissioner you are au-
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 256)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 256)

Description

[page 256]

[corresponds to labeled page 224 of Will Records Vol. 4 - 1859-1869]

224


Record of the Will of Thomas Main decd. December 20th 1866.


authorized and empowered to administer the proper oath to

said witness to testify the truth.

Witness whereof , Thomas W. Powell Probate Judge

{Seal} of our County have hereto set my hand and the

seal of the Probate Court, this 8th day of December

1865. T.W. Powell Probate Judge.

(Return thereto.)

I the within named Joseph C. Cole Commissioner et al

hereby return that I have executed this commission by

taking the deposition of the said Eleazor Main under

oath and reduced to writing hereto annexed and returned

with the said will. Given under my hand this 9th

day of December 1865. (signed) Joseph C. Cole Commissiioner.

The State of Ohio, Delaware County Ss.

In the Matter of the last will & testament Thomas Main late of Troy Township, decd.

Commissioner etc on the 9th day of December A.D. 1865 depose and

say that we (this deponant and Madison Main) were present

at the execution of the last will and testament of Thomas

Main of Troy Township hereto annexed; that we saw the said

testator subscribe the said will and heard him publish and

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

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

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

and that we signed the same as witnesses at his request and

in his present and in the presence of each other.

(signed) Eleazor Maine.

Sworn to and subscribed before me this 9th day of December

A.D. 1865. (signed) Joseph C. Cole, Commissioner.


Record of the Will of John G. Myers decd.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio

at his office in the town of Delaware on the 26th

day of December A.D. 1865.

This day the last will and testament of John G. Myers late

of Berlin Township deceased, was presented to the Court for

Probate and record. Thereupon Daiton W. Terrill and

Daniel Potter subscribing witnesses to the said will came

into court and were duly sworn and examined; and their testi

=mony reduced to writing, and now annexed to the will

and filed therewith; and it appearing to the court that the said

will was duly executed and attested, and that the testator at the time

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

and not under any restraint, thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved as the last will of testament

of the said John G. Myers dated and ordered to be recorded as such.

T.W. Powell Pro. Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 257)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 257)

Description

[page 257]

[corresponds to labeled page 225 of Will Records Vol. 4 - 1859-1869]


Record of the Will of John G. Myers (Thomas Main crossed out) decd. December 26th 1865.


(Copy and Record of the Will)

In the name of God, Amen. I John G. Myers of the Town

of Berlin, the county of Delaware and State of Ohio, being

of sound mind and memory, and considering the un=

=certainty of this frail life, do therefore make, ordain

publish and declare this to be my last will and testament

that is to say; as I am not in debt, all my estate real and

personal, I give bequeath and dispose of as follows, to wit;

All my estate real and personal to my wife Grace just

as long as she remains my widow single; if she marry

she shall have no part or claim thereon. I further be=

=queath that all the above estate after my wife's release

be my son Alvin's; and I further will that my wife and my

son Alvin do pay all the rest of the children, namely,

Griszilda, Clarrinda, Eliza and Jain the sum of

twenty five dollars each one. Likewise, I do make

constitute, appoint my wife Grace and my son Alvin

to be my executors of this my last will and testament.

In witness whereof I have set and subscribed my name

and fixed my seal this twenty sixth day of October eighteen

hundred and sixty five. (Signed) John G. Myers [seal]

Witnesses D.W. Terrill

Daniel Potter (end of the will)

(copy and record of the testimony.)

the State of Ohio, Delaware County Ss

In the matter of the last will and testament of John G. Myers late

of Berlin Township deceased.

We Daiton W. Terrill and Daniel Potter being duly sworn

in open court this 23rd day of December A.D. 1865, depose and

say that we were present at the execution of the last

will and testament of John G. Myers of Berlin Township

hereto annexed that we heard said testator say he had sub=

=scribed said will, and heard him publish and declare the

same to be his last will and testament, and that the said testa=

=tor, at the time of executing the same was of full age, and

of sound mind and memory, and not under any restraint

and that we signed the same as witnesses at his request and

in his presence and in the presence of each other.

(Signed) D.W. Terrill

Daniel Potter

Sworn to and subscribed before me in the Probate Court

this 26th day of December A.D. 1865.

T.W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 258)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 258)

Description

[page 258]

[corresponds to labeled page 226 of Will Records Vol. 4 - 1859-1869]

226

Record of the Will of Nathan Gorsuch decd. January 5th 1866.


Proceedings had before Thomas W. Powell Judge of

the Probate Court in and for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on

the 5th day of January A.D. 1866.

This day the last will and testament of Nathan Gorsuch

late of Harlem Township in this county deceased, was pre-

-sented for probate and records. Thereupon Lyman B. Hanover

and Aaron Whitten the subscribing witnesses to the said will

came into court, and were duly sworn and examined, and

their testimony reduced to writing, and now annexed to the

will and filed therewith and it appearing to the court that

the said will was duly executed and attested, and that the

testator at the time of executing the same, was of full

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

restraint, whereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said Nathan Gorsuch

decd. was ordered to be recorded as such.

(Copy and record of the will.)

In the name of the Benevolent Father of All. I Nathan

Gorsuch of Harlem Township Delaware County, Ohio, in view

of the certainty of death and the uncertainty of life do make

and publish this my last will and testament._____

Item 1st I desire that my just debts, funeral and all other

necessary expenses shall be paid out of my personal estate.

Item 2nd. I give, devise and bequeath unto my beloved

wife in lieu of her dower the farm on which I now

reside, containing about one hundred and twenty two acres

of land; also the entire household goods and furnature,

and two head of horses, being the two oldest horses, and all the cows,

and cattle on the farm, and fifty head of sheep to be selected by

her out of the ewes, and all the hogs on the farm, and the

two horse waggons and double harness and a colt two

years old last spring which I bought of Thurman Overturf _____

also south crib of corn and all the wheat, oats and other

grains that I have on hand and all the fire place and stove

wood, that is cut on the farm, and also a lot of shingles,

and the potatoes, and all other provisions provided for the use

of the family during her natural life.

Item 3rd. And at the death of my said wife, I devise that all

the foregoing described property and whatever there may be

real and personal shall be divided equally between all

my younger children including Douglass and all younger

than him.

Item 4th. I give and bequeath to my son Francis W. Gorsuch

the portion of the farm that I now own known Hoover

farm, that lies in Franklin County. Plain Township excep-

-ting about twenty one acres that was once owned by Jackson Fix.

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 259)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 259)

Description

[page 259]

[corresponds to labeled page 227 of Will Records Vol. 4 - 1859-1869]

Record of the Will of Nathan Gorsuch decd. January 5th 1866.

227

Item 5th. I give devise and bequeath to my son Gary

P. Gorsuch the twenty one acres of land excepted in the

last mentioned item 4th; and also about fifty acres of land

that I own, being a portion of the farm formerly owned by

John Hanover deceased in Harlem Township Delaware County.

Item 6th. I desire that my friend David Gorsuch shall

take charge of and rent the farm described in item fourth

and fifth, and apply the proceeds of said farm to the payment

of a debt that I now owe which is not due, for said farm;

and if said claim is paid by the time that Francis W. Gorsuch

arrives to the age of twenty one, then said Francis W. have

possession of his portion; if not, to be rented until said

claim is paid; and I further desire that said David Gorsuch

shall continue to control and rent after said claim is paid;

the real estate described in Item 5th until my son Gary

shall arrive to the age of twenty one, and the proceeds

to go to the use of my family at home; and as soon as

Gary Gorsuch shall become of age then to have posses-

-sion of said estate.

Item 7th. I give and bequeath to my daughter Ellen Gorsuch

fifteen hundred dollars out of my personal estate.

Item 8th. The remainder of my personal estate after paying

the foregoing items specified, that my said wife shall have

five hundred dollars more to assist her in raising the

family if there should be so much, and if any more, then

the remainder to be equally divided between all my children.

Item 9th. I do hereby constitute and appoint David Gorsuch

executor of this my last will and testament.

And it is my fervent desire that my beloved wife shall ende-

-avor to keep the entire family together until they are grown and

settled in life; and hereby ernest request my two oldest children to

remain at home, to be kind and affectionate to each other, and

to the family; and that they all strive to live in peace. In testimony

whereof I have hereunto set my hand and seal this 30th day of November A.D. 1865.

Signed and acknowledged by the said (signed) Nathan Gorsuch (seal)

Nathan Gorsuch as his last will and testament in our presence

and signed by us in his presence this 30th day of November A.D. 1865.

(signed) Aaron Whitten

L. B. Hanover (end of the will.)

The State of Ohio, Delaware County, Ss. We Aaron Whitten and Lyman B. Hanover

being duly sworn in open court this 5th day of January A.D. 1866 depose and say that we were

present at the execution of the last will and testament of Nathan Gorsuch of Harlem Township

hereto annexed; that we saw the testator subscribe said will and heard him publish

and declare the same to be his last will and testament, and that the said testator at the time of

executing the same was of full age, and of sound mind and memory and not under any rest-

-raint and that we signed the same as witnesses at his request and in his presence, and

in the presence of each other. (signed) Lyman B. Hanover

Sworn to & subscribed before me in the Probate Court Aaron Whitten

this 5th day of January A.D. 1866 T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 260)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 260)

Description

[page 260]

[corresponds to labeled page 228 of Will Records Vol. 4 - 1859-1869]


228

Record of the will of Summer Harris January 27th 1866.


Proceedings had before Thomas W. Powell judge of Probate

Court in and for the county of Delaware and state of Ohio, at his

office in the Town of Delaware on the 27th day of January

A.D. 1866.

This day the last will and testament of Summer Harris

late of Berkshire Township decd. was presented to the court

for probate and record. Thereupon William B.Boyd and

Madison Poppleton the witnesses to the will came into

court, and were duly sworn and examined, and their testimony

reduced to writing, and now annexed to the will and filed therewith

and it appearing to the court that the said will was duly ex-

-ecuted and attested; and that the testator at the time of executing

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

and not under any restraint; thereupon this court upon

consideration thereof, orders that the said will be admitted

to probate as duly proved as the last will and testament

of the said Summer Harris Decd. and ordered to be recorded

as such.

Copy and Record of the will.

In the Name of the Benevolent Father of All.

I Summer Harris of the County of Delaware and State of Ohio,

do make and publish this my last will and testament.

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

dower one third of all my property both real and personal forever.

Item 2nd I give and devise to my two daughters Sarah Luellen

Furness and Clara Orvelle Harris the other two thirds of my property

the said Clara Orvelle receiving twelve hundred dollars more

than Sarah Luellen in lieu of what Sarah Luellen

has received.

Item 3rd I will and devise that at my decease all my pro-

-perty both real and personal be sold and converted into money

and after the payment of all my debts the money disposed of as

above devised.

Item 4th I do hereby nominate and appoint my old friend

Edward D. Howard of Columbus Executor of this my last will

and testament. (signed) Summer Harris (seal)

Signed and acknowledged by said Summer Harris

as his last will and testament in our presence.

and signed by us in his presence.

(Signed) William B. Boyd. (end of the

Madison Poppleton. will.)

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Summer Harris late of Berk-

-shire Township in said county decd.

We William B. Boyd and Madison Poppleton being duly sworn

in open court this 27th day of January A.D. 1866 depose and say

that we were present at the execution of the last will and testament

of Summer Harris of Berkshire Township hereto annexed;

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 261)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 261)

Description

[page 261]

[corresponds to labeled page 229 of Will Records Vol. 4 - 1859-1869


229


that we saw the said testator subscribe said will and heard

him publish and declare that same to be his last will and

testament, and that the said testator at the time of executing the

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

not under restraint, and that we signed the same as

witnesses at his request and in his presence and in

the presence of each other. (signed) Madison Poppleton

William B. Boyd

Sworn to and subscribed before me in the Probate Court this 24th

day of January A.D. 1866. T. W. Powell Probate Judge

__________ = __________


Record of the will of Augustus Curtis decd. January 29th, 1866.

Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and state

of Ohio at his office in the Town of Delaware on the

19th day of January A.D. 1866.

On the 4th day of December last the last will and testament

Of Augustus Curtis late of Genoa Township decd. was presented

to this court for probate and record; thereupon Nathan Dustin one

of the witnesses to the said will, appeared in court and was

duly sworn and examined, and his testimony reduced to

writing, and annexed thereto and filed therewith. This matter

was then continued for the appearance and testimony of the

other witnesses thereto. And afterwards on this day William

B. Boyd the other witness to the said will appeared in court

and was duly sworn and examined, and his testimony

reduced to writing annexed to the will and filed therewith

and it now appearing to the court that the said will was

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

of executing the same was of full age, and of sound

mind and memory and not under any restraint. Thereupon

the court upon consideration thereof, orders that the said

will be admitted to probate duly proved as the last

will and testament of the said Augustus Curtis decd. and

ordered to be recorded as such.

Copy and record of the will.

In the name of the Benevolent Father of all.

I, Augustus Curtis of Genoa Township, Delaware County

and State of Ohio, do make and publish this my last will and

testament: _____

First. I give and devise to my beloved wife in lieu of her

dower the homestead on which we now reside, situate

in Genoa Township on what is commonly called Yankie

Street, containing about seven acres; also about sixty

three acres of land in Harlem Township in aforesaid county

and State, being parts of lots 3 and 8 in the second quar-

-ter of said Township during her natural life; and all

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 262)

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Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 262)

Description

[page 262]

[corresponds to labeled page 230 of Will Records Vol. 4 - 1859-1869]


230

Record of the will of Augustus Curtis January 19th, 1866.


and all the stock, household goods, furnature, provisions and

other goods and chattels which may be on both of said prem

-ises at the time of my decease, during her natural life

as aforesaid -- she however selling so much of the personal

property, and the proceeds of the real estate as may be

sufficient to pay my just debts, and will provide for her and

our two children, and for other purposes as she may think

best. At the death of my said wife, the real estate aforesaid

and such part of the said personal property or the proceeds

thereof, as may then remain unconsumed and unexpended,

I give and devise equally to our sons Newell Curtis and

our daughter Harriet W. Curtis and their heirs.

Secondly. I do hereby nominate and appoint my beloved

wife guardian of my son Newell Curtis until the said Newell

Curtis arrives at the age of twenty one years.

Thirdly. I do hereby nominate and appoint my beloved wife

executrix of this my last will and testament, hereby authorizing

and empowering her to compromise, adjust, release and dis-

-charge in such manner as she may deem proper the

debts and claims due me.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal this twenty nineth day of October in the year of

our Lord one thousand eight hundred and sixty three.

(signed) A. Curtis

Signed and acknowledged by said Augustus Curtis

as his last will and testament in our presence,

and signed by us in his presence.

(signed) Nathan Dustin

William B. Boyd.

Copy and Record of the testimony.

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Augustus Curtis late of

Genoa Township deceased.

We Nathan Dustin and William B. Boyd being duly sworn in

open court this 4th day of December A.D. 1865, depose and say,

that we were present at the execution of the last will and testament

of Augustus Curtis of Genoa Township hereto annexed,

that we saw the said testator subscribe said will and heard him

publish and declare the same to be his last will and testament

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

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

restraint, and that we signed the same as witnesses at his request

and in his presence, and in the presence of each other.

Nathan Dustin sworn to etc Dec. 4th 165. signed Nathan Dustin

Wm. B. Boyd sworn etc January 29th/66. William B. Boyd

Sworn to and subscribed before me in the Probate Court this 29th day of January

A.D. 1866 T. W. Powell Probate Judge

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 263)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 263)

Description

[page 263]

[corresponds to labeled page 231 of Will Records Vol. 4 - 1859-1869]


231

Record of the will of Bela G. Davis decd. January 31st 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court, in and for the county of Delaware and state of Ohio

at his office in the town of Delaware on the 31st day of

January A.D. 1866.

This day the last will and testament of Bela G. Davis late of

Marlborough Township decd. was presented to the court for

probate and record. Thereupon Silas H. Cleveland and Harvey

Gillett, the witnesses to the said will, came into court, and were

duly sworn and examined, and their testimony reduced to writing

and now annexed to the said will and filed therewith. And it ap-

-pearing to the court that the said will was duly executed and attested

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

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

any restraint; thereupon the court upon consideration thereof

orders that the said will be admitted to probate as duly proved

as the last will and testament of the said Bela G. Davis decd.

and ordered to be recorded as such.

Copy and record of said will.

In the name of the Benevolent Father of all.

I Bela G. Davis do make and publish this my last

will and testament.

Item 1st. I give and bequeath to my beloved wife in lieu

of her dower all my estate real and personal while she

shall remain my widow, and all household goods and fur-

nature, provisions and other goods and chattels, which may be

left at my decease during her widowhood, she selling

so much thereof as will pay my just debts and funeral expenses.

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

executor of this my last will and testament. Hereby authorizing

and empowering her to compromise, adjust, release and discharge

in such manner as she may think best or proper the debts

due me. I do also authorize and empower her if shall become

necessary in order to pay my debts to sell at private sale so

much of my personal property as will pay those debts.

I desire that no appraisement and no sale of my personal

property be made, and that the court of Probate direct the

omission of the same in pursuance of the statute.

I do hereby revoke all former wills by me made.

In testimoney hereof I have hereunto my hand and seal this

21st day of December A.D. 1865.

Signed and acknowledged by said Bela G. Davis (signed) B. G. Davis (seal)

as his last will and testament _____

in our presence and signed by us in his

presence. (Signed) Silas H. Cleveland

Harvey Gillett. end of the will

(over for the testimony)
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 264)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 264)

Description

[page 264]

[corresponds to labeled page 232 of Will Records Vol. 4 - 1859-1869]

232

Record of the Will of Bela G. Davis decd. January 31st 1866.

Record of the testimony.

The State of Ohio, Delaware County. Ss.

In the matter of the last will and testament of Bela G. Davis

late of Marlborough Township deceased.

We Silas H. Cleveland and Harvey Gillett being duly sworn

in open court this 31st day of January A.D. 1866, depose

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

will and testament of Bela G. Davis of Marlborough Township

hereto annexed; that we saw the said testator subscribe the

said will and heard him publish and declare the same

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

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

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

that we signed the same as witnesses at his request, and

in his presence and in the presence of each other.

(signed) S. H. Cleveland

Harvey Gillett.

Sworn to and subscribed before me in the Probate Court

this 31st day of January A.D. 1866

T. W. Powell Probate judge.

__________ = __________


Record of the will of Henry Smith decd. January 31st 1866.

Proceedings heard before Thomas W. Powell Judge of the

Probate Court in and for the county of Delaware and State of

Ohio, at his office in the Town of Delaware, on the 31st

day of January A.D. 1866.

On the 26th day of the present month, the last will and

testament of Henry Smith late of Marlborough Township

decd. was presented to this court for probate and record.

thereupon James F. Winterwute one of the witnesses subscribing

to the said will, came into court, and was duly sworn

and examined and his testimony reduced to writing

annexed to the will and filed therewith. This matter was then

continued for the testimony of the other witness. And now

on this day Silas H. Cleveland the other witness to the

said will, came into court, was duly sworn and examined

and his testimony reduced to writing, and annexed to the

will and filed therewith. Thereupon it appearing to the court

that the said will was duly executed and attested; and that the

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

mind and memory, and not under any restraint, the court

upon consideration thereof, orders that the said will be admitted to

probate as the last will and testament of the said Henry Smith decd

and ordered to be recorded as such.

Copy and record of the will.

I Henry Smith of the County of Delaware in the

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

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 265)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 265)

Description

[page 265]

[corresponds to labeled page 233 of Will Records Vol. 4 - 1859-1869]


233.

Records of the Will of Henry Smith decd. January 31st 1866.


testament in the manner and form following, that is to say: -

First. It is my will that my funeral expenses and all my

just debts be fully paid.

Second. I give, devise and bequeath to my beloved wife

Sabriny Smith all my estate, real and personal during her

natural life; she however first disposing of a sufficiency

thereof to pay my just debts as aforesaid. And at the death

of my said wife all the property hereby devised or bequeathed

to her as aforesaid or so much thereof as may there remain

unexpended to my three sons, Russell B. Smith, Jeremiah

W. Smith and Fletcher D. Smith and to their heirs and assigns forever.

Third. I give and devise to my oldest son Russell B. Smith

that part of my land leighing and being in Range nineteen

(19) Township six (6) Section two (2) Lot six (6) West of the Columbus and

Sandusky Turnpike.

Fourth. I give and devise to my second son Jeremiah

W. Smith, that part of my land leighing and being in Range

nineteen (19) Township six (6) Section half one (1/2 1. Lot

four (4)

Fifth. I give and devise to my third son Fletcher D. Smith

all the residue of my real estate, and all my personal

property that shall remain unexpended at the death of

my wife. And lastly I hereby constitute and appoint

my said wife Sabrina Smith and my said son Fletcher D.

Smith to be the executors for this my last will and testament

revoking and annulling all former wills by me made,

and ratify and confirm this and no other to be my last

will and testament.


In testimony whereof I have hereunto set my hand

and seal this fourth day of Feb. AD. 1865.

(signed) Henry Smith {seal}

Signed, published and declared by the above named

Henry Smith as and for his last will and testament

in presence of us, who at his request have

signed as witnesses to the same.

(Signed) S.H. Cleveland

Jas. F. Wintermute. End of the Will

(Record of the testimony) The State of Ohio, Delaware County. Ss.

In the matter of the last will and testament of Henry Smith of Marlborough Township decd.

We James F. Wintermute and Silas H. Cleveland being duly sworn in open court

this 26th day of January AD 1866, depose and say that we were present at the execution

of the last will and testament of Henry Smith of Marlborough Township hereto annexed;

that we saw the said testator subscribe said will, and heard him publish and declare

the same to be his last will & testament, and that the said testator at the time of executing

the same was of full age, and of sound mind and memory, and not under any

restraint, and that we signed the same as witnesses at his request and in his presence

and in the presence of each other. (Signed) Jas. F. Wintermute

Sworn to & subscribed before me in the Probate Court S. H. Cleveland

this 31st day of January AD 1866. T.W. Powell Pro. Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 266)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 266)

Description

[page 266]

[corresponds to labeled page 234 of Will Records Vol. 4 - 1859-1869]


Record of the Will of Roswell Tuller March 8th 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio,

at his office in the town of Delaware on the 8th day of

March A.D. 1866.

This day the last will and testament of Roswell Tuller late

of Liberty Township in this county deceased, was presented to the

Court for probate and record. Thereupon James R. Youel and

John W. clark witnesses to the said will came into court, and

were duly sworn and examined, and their testimony reduced

to writing, and now annexed to the said will and filed therewith,

and it appearing to the court that said will was duly executed

and attested, and that the testator at the time of executing

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

and not acting under any restraint; thereupon the

court, upon consideration thereof, orders that the said

will be admitted to probate as the last will and testament

of the said Roswell Tuller decd. and ordered to be recorded

as such; to wit: -

Copy of the Will.

In the name of the Benevolent Father of All.

I Roswell Tuller of Liberty Township Delaware Co.

do make and publish this my last will and testament

Item 1st. I give and devise to my beloved wife in lieu of

her dower a part of the farm on which we live commencing

at the south east corner of said farm running west 60 rods

parallel with the east and west county road; thence north about

38 rods to a lane in the said farm; thence west to the

Section line; thence north to land owned by E. Night; thence

east to land owned by J. M. Standish; thence south about

20 rods; thence east to the north and south county roads; thence

South to the place of beginning; containing about fifty

acres of land during her natural life. At the death

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

to my son Edgar P. Tuller and his heirs.

Item 2nd. I also give all my household goods and chattels

stock, furnature, provisions and other goods and chattels,

which may be thereon at the time of my decease to my

wife -

Item 3rd. I devise and bequeath to my son Alvin Tuller

the sum of fifty dollars.

Item 4th. I devise and bequeath to my son Homer Tuller the

sum of fifty dollars.

Item 5th. I give and bequeath to my daughter Cynthia M.

Parks the sum of fifty dollars.

Item 6th. I give and bequeath to my daughter Martha L.

Standish the sum of two hundred dollars.

Item 7th. I give and bequeath to my daughter Lydia L.

Freshwater the sum of two hundred dollars.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 267)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 267)

Description

[page 267]

[corresponds to labeled page 235 of Will Records Vol. 4 - 1859-1869]


235.

Record of the Will of Roswell Tuller decd. March 8th 1866.


Item 8th. I give and bequeath unto my grand daughter

Georgia Tuller the sum of fifty dollars.

Item 9th. I give and bequeath all my farming uten=

-sils, wagon, the residue of my land and all other property

to my son Edgar P. Tuller - the said Edgar P. Tuller to pay

my funeral expenses; and pay the balance of my children

the said sums herein bequeath to them.

Item 10th I do hereby nominate and appoint my sons Alvin

Tuller and Edgar P. Tuller executor of this my last will and

testament; hereby authorizing them to compromise, adjust

release and discharge in such manner as they may

deem proper the debts and claims due me.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 28th day of November in the year 1865.

Signed and acknowledged by said (Signed) Roswell Tuller

Roswell Tuller as his last will and testament

in our presence and signed by us in

his presence (signed) James R. Youel

John W. Clark.

Record of the testimony: _____

The State of Ohio, Delaware County. Ss.

In the matter of the last will and testament of Roswell Tuller late

of Liberty Township deceased.

We James R. Youel and John W. Clark being duly

sworn in open court this 8th day of March A.D. 1866. depose

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

will and testament of Roswell Tuller of Liberty Township hereto

annexed; that we saw the said testator subscribe said will, and

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

testament, and that the said testator at the time of executing

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

and not under any restraint, and that we signed the same

as witnesses at his request and in his presence and in the

presence of each other. (signed) James A. Youel

John B. Clark

Sworn to and subscribed before me in the Probate Court this

8th day of March A.D. 1866 T. W. Powell Probate Judge.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 268)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 268)

Description

[page 268]

[corresponds to labeled page 236 of Will Records Vol. 4 - 1859-1869]


236

Record of the will of Andrew Caldwell decd. March 12th 1866.


Proceedings had before Thomas W. Powell judge of the Probate

Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware, on this 12th day

of March A.D. 1866.

This day the last will and testament of Andrew Caldwell

late of Trenton Township in the county was presented for

probate and record. Thereupon Thomas M. Cole and Samuel

Barcus the witnesses to the said will came into court, and

were duly sworn and examined, and their testimony reduced

to writing, and now annexed to the will and filed therewith; and

it appearing to the court that the said will was duly executed

and attested, and that the said testator at the time of executing

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

and not under any restraint; thereupon the court upon con-

-sideration thereof, orders that the said will be admitted to probate

as the last will and testament of the said Andrew Caldwell

decd. and ordered to be recorded as such.

Copy and record of the will: _____

In the name of the Benevolent Father of All.

I Andrew Caldwell of Trenton Township, Delaware County, Ohio,

in view of the uncertainty of life and the certainty of death

do hereby make and publish this my last will and testament.

Item 1st. I desire that all my just debts, funeral and all other

necessary expenses to be paid out of my personal estate.

Item 2nd. I give and bequeath to my beloved wife in lieu of

her dower, the farm on which I now reside, containing

about eighty four acres; and also fifteen aces of woods

land off of the north part of the tract of forty five acres -

that was deeded by Joseph Jacobus and wife to Andrew Caldwell

and also the entire household goods and eight hundred dollars

in money during her natural life; and at the death of my

said wife, mention in the property in the foregoing items fall to Joseph A. Cald-

-well my son.

Item 3rd. I give and bequeath to my son Jesse Caldwell a certain

tract of land deeded by Squire Wheaton and wife to Andrew

Caldwell containing ninety four acres and one hundred and

four rods as described in said deed.

Item 4th. I give and bequeath to my daughter Mary Jane Frank

the west half of a certain tract of land deeded by Isaac Meridith

to Alexander Caldwell containing ninety four acres more

or less, during her natural life and at her death to fall to her

son Andrew C. Franks.

Item 5th. I give and bequeath to my son James Caldwell the

east half of the above described tract in the last mentioned item.

Item 6th. I give and bequeath to my son Alexandria Cald-

-well the remaining thirty acres of land belonging to the forty

five acre tract mentioned in item record.

Item 7th. I give and bequeath to my son Thomas Caldwell

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 269)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 269)

Description

[page 269]

[corresponds to labeled page 237 of Will Records Vol. 4 - 1859-1869]


237

Record of the will of Andrew Caldwell decd. March 12th 1866.


my claim against him and also ten dollars in money.

Item 8th. I give and to my son Joseph A. Caldwell fifteen

hundred dollars out of my personal property.

item 9th The remaining portion of my personal property after

the foregoing items, I desire to be equally divided between

my two sons James A. Caldwell, Alexandra Caldwell

and my daughter Mary Jane Franks.

Item 10th. I do hereby nominate and appoint Lyman B.

Hanover of Harlem Tp. executor of this my last will and

testament.

Item 11th. I do hereby revoke all former wills made by me.

October 27th A.D. 1865. (Signed) Andrew Caldwell (seal)

Signed and acknowledged by the said Andrew Caldwell

as his last will and testament in our presents, and

signed by us in his presents this 27th day of October 1865 (end of the will)

Signed T. M. Cole

Samuel Barcus.

Record of the testimony.

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Andrew Caldwell of

Trenton Township deceased.

We Thomas M. Cole and Samuel Barcus being duly sworn

in open court this 12th day of March A.D. 1866, depose and say

that we were present at the execution of the last will and testament

of Andrew Caldwell of Trenton Township hereto annexed; that

we saw the said testator subscribe the said will; and heard

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

testament, and that the said testator at the time of executing

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

not under any restraint; and that we signed the same as

witnesses at his request and in his presence and in the pres-

-sence of each other.

(Signed) T. M. Cole

Samuel Barcus

Sworn to and subscribed before me in the Probate Court this

12th day of March A.D. 1866.

T. W. Powell Probate Judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 270)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 270)

Description

[page 270]

[corresponds to labeled page 238 of Will Records Vol. 4 - 1859-1869]


238

Record of the will of Hugh M. Stephen decd. March 29th 1866.


Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the said County of Delaware in the

State of Ohio at his office in the Town of Delaware

on the 29th day of March A.D. 1866.

This day the last will and testament of Hugh M. Stephen

late of the said county decd. was presented to the court for

probate and record. Thereupon Abraham Trop and William

E. Kirk, subscribing witnesses to the said will came into

court, and were duly sworn and examined, and this testi-

-mony reduced to writing, and now annexed to the said

will and filed therewith, and it appearing to the court that

the said will was duly executed and attested, and that the said

testator at the time of executing the same was of full

age, and of sound mind and memory and not under

any restraint. Thereupon the court, whose consider-

-ation thereof, orders that the said will be admitted to

probate as the last will and testament of the said Hugh

M. Stephen decd. and ordered to be recorded as such.

Copy and record of the will; to wit: _____

In the name of the Father of All Men. I Hugh M. Stephen

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

and declare the following to be my last will and testament.

Item 1st. After all my debts is paid and fully discharged, I will to my

sisters Mary Palmer and Nancy Crawford each an equal share

of the rents of the house and lot in the town of Fairfield in the county

of Greene and State of Ohio, until property is sold, after sale

of the said property they are to have the interest of the amount

for which the said property sells, (taxes and other expenses excepted)

during their natural lives, or each of them one half of the

said rents or interest during their life.

Item 2nd. I will and hereby appropriate the sum of one thousand

dollars for the purpose of erecting suitable monuments to the

graves of my father, mother, myself, wife & child in the graveyard

on Bokes creek, Delaware County, Ohio; the amount of each said mon-

-ument to be taken from the fund obtained from the sale of the

lot in Fairfield (above mentioned) and erected after the death of my two

sisters: should either, or both of my sisters at their decease be buried

at said grave yard; then suitable lettering may be made on the same

monuments including them with their father and mother.

Item 3rd I will to Mary and Martha Kirkwood each two hundred-fifty

dollars. To Joseph Stephen, Wm. F. Stephen to George Stephen each two hun-

-dred fifty dollars. To Josephene Crawford two hundred and fifty dollars.

To Stephen Crawford fifty dollars, To Martha Rose two hundred dollars

to be paid to them after the settlement of my estate.

Item 4th. I will and bequeath to Marsh Rose my gold watch. Also

to Joseph Stephen all my clothing to be delivered at any time

after my decease without appraisement.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 271)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 271)

Description

[page 271]

[corresponds to labeled page 239 of Will Records Vol. 4 - 1859-1869]

239

Record of the will of Hugh M. Stephen decd. March 29th 1866.


Item 5th. After the payment of the foregoing bequests the remainder

of my estate shall be equally divided between the heirs of my

brother Z. Stephen & my sisters Mary Palmer and Nancy Crawford.

Item 6th. I hereby appoint Wm. M. Barren executor of this my last

will and testament authorizing and empowering him to compromise,

adjust, release & discharge in such manner as he may deem

proper any debts and claims due me. I do further authorise

and empower him to sell at private sale, upon such terms of

credit as he may think proper, (for the interest of the estate) the house

and lot in Fairfield, Greene County, Ohio, and deed or deeds to purchas-

-ers to execute, acknowledge and deliver in the fee simple. I hereby give

to said executor the term of twelve years - or at the death of my

sisters on, and thereafter until the death of my two sisters to settle

my estate, authorizing him to loan any money which which may

come in to his hands from time to time until my estate may be

settled & the legacies paid off, to Alford Rose of Delaware Co. Ohio,

at 6 percent per annum, or to invest in other surities in case

the said Rose refuses to take the same.

In testimony hereof I have hereunto set my hand and seal this 14th

day of March 1866. (signed) H. M. Stephen (seal)

witnesses (signed) A. Trop.

Wm. E. Kirk (end of the will.)

Record of the testimony.

The State of Ohio, Delaware County, Ss.



In the matter of the last will and testament of Hugh M. Stephen late of Sciota

Township, deceased.

We Abraham Trop and William E. Kirk being duly sworn in

open court this 29th day of March A.D. 1866, depose and say, that we

were present at the execution of the last will and testament of Hugh

M. Stephen of Sciota Township, hereto annexed; that we saw the same

testator subscribe said will and heard him publish and declare

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

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

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

as witnessed at his request and in his presence and in the presence of

each other. (signed) Abraham Trop

Wm. E. Kirk

Sworn to and subscribed before me in Probate Court this 29th

day of March A.D. 1866. T. W. Powell, Probate Judge.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 272)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 272)

Description

[page 272]

[corresponds to labeled page 240 of Will Records Vol. 4 - 1859-1869]

240

Record of the will of Orson N. Cummins decd. April 7th, 1866.


Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the County of Delaware and State of

Ohio at his office in the Town of Delaware on the 7th

day of April A.D. 1866.

This day the last will and testament of Orson N. Cummins

late of Orange Township in this county deceased was pre-

-sented for probate and record. Thereupon Robert L. Armstrong

and Gustavus Elsbree, subscribing witnesses to the said will came

into court, and were duly sworn and examined, and their

testimony reduced to writing, and now annexed thereto and

filed therewith; and it appearing to the court that the said

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

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

sound mind and memory and not under any restraint.

Thereupon the court upon consideration thereof orders

that the said will be admitted to probate as the last will

and testament of the said Orson N. Cummings decd. and ordered

to be recorded as such.

Copy and record of the will, to wit: _____

In the name of the Benevolent Father of All.

I, Orson N. Cummins of Orange do make and publish this

my last will and testament.

Item 1st. I give and devise to my beloved brother John Francis

Cummins the undivided one half (1/2) of the farm on which

he now lives, which we bought of Wm. Bardsley, situated in Orange

Township Delaware County Ohio: Also the undivided one half

(1/2) of the farm which was willed to us by our father John

Cummins: ___ Also the undivided one half of the personal

property; except seventy five dollars ($75.) which is to be

otherwise disposed of.

Item 2nd. I give and devise to my nephew Albert Evans twenty

five dollars ($25) to be paid out of the undivided one half of the

personal property, when he arrives at the age of twenty one years

(21).

Item 3rd. I give and devise to my nephew John Evans twenty

five dollars (25$) to be paid out of the undivided one half of the

personal property, when he arrives at the age of twenty one years (21.).

Item 4th. I give and devise to my nephew Lovina A. Evans twenty

five dollars (25$) to be paid out of the undivided one half of the personal

property when he arrives at the age of eighteen years (18.).

Item 5th. I do hereby nominate and appoint John T. Cummins

and George F. Elsbree executors of this my last will and testament

hereby authorizing and empowering them to compromise, adjust

release and discharge in such manner as they may deem

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

empower them, if it shall become necessary in order to pay

my debts, to sell by private sale, or in such manner, upon such

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

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 273)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 273)

Description

[page 273]

[corresponds to labeled page 241 of Will Records Vol. 4 - 1859-1869]

241

Record of the Will of Orsen M. Cummins decd. April 7th 1866.

part of my real estate, and deeds to purchasers to execute ackno-

-wledge and deliver in fee simple. I desire that no appraisement

and no sale of my personal property be made; and that the court

of probate direct the omission of the same in pursuance of the

statute. I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 14th day of March in the year one thousand eight hundred

and sixty six. (1866.) (signed) Orson N. Cummins (seal)

Signed and acknowledged by said Orson N. Cummins

as his last will and testament in our presents; and

singed by us in his presents. (signed) Robert S. Armstrong

Gustavus Elsbree (end of the will)

(Record of the testimony.)

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Orson N. Cummins late

of Orange Township deceased.

We Robert S. Armstrong and Gustavus Elsbree being duly sworn

in open court this 7th day of April A.D. 1866, depose and say that

we were present at the execution of the last will and testament of Orson

N. Cummins of Orange Township hereto annexed; that we saw the

said testator subscribe said will and heard him publish and declare

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

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

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

same as witnesses at his request and in his presence and in

the presence of each other. (signed) R. S. Armstrong

Gustavus Elsbree.

Sworn to and subscribed before me in Probate Court this 7th day of

April A.D. 1866 T. W. Powell Probate Judge

__________ = __________


Record of the will of Titus Knox decd. April 10th 1866.

Proceedings had before Thomas W. Powell judge of the Probate Court

in and for the county of Delaware and State of Ohio, at his office in

the Town of Delaware on the 10th day of April A.D. 1866.

This day the last will and testament of Titus Knox late

of this county decd. was presented for probate and record.

Thereupon George W. Perfect came in to court, he being one

of the subscribing witnesses to the said will, who being duly sworn

and examined, and his testimony reduced to writing, and annexed

to the will and filed therewith: and it appearing that Walter N.

Wyeth the other witness to the will being absent out of the

county, to wit, in Morgan County, Ohio; On motion it is ordered

that a Commission issue with the will annexed, to the Probate

judge of the said county of Morgan to take the testimony

of said Walter N. Wyeth said other witness to the said will, as to

the execution and attestation thereof. And this matter is continued

for the return of said commission and for further consideration. T. W. Powell Pro judge
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 274)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 274)

Description

[page 274]

[corresponds to labeled page 242 of Will Records Vol. 4 - 1859-1869]

242

Record of the Will of Titus Knox. April 10th 1866.

And afterwards to wit; on the 3rd day of May A.D. 1866.

the following journal entry and proceedings were heard, to wit: _____

This day the commission issued in this case to the Probate

Judge of Morgan County to take the testimony of Walter

N. Wyeth (the subscribing witness etc.) was returned duly executed,

with the testimony of said Wyeth duly reduced to writing annexed

thereto. And it now appearing to the court that the said will

was duly executed and attested; and that the testator at the time

of executing the same was of full age and of sound

mind and memory, and not under any restraint; the court

upon consideration thereof orders that the said will be

admitted to probate and duly proven as the last will and

testament of the said Titus Knox decd. and ordered to be

recorded as such.

Copy and record of the will; to wit: _____

Will and testament of Titus Knox resident of Trenton

township, Delaware Co. Ohio.

I, Titus Knox being of sound and disposing mind, calling

to mind the frailty and uncertainty of human life; and being

desirous of settling my worldly affairs; and directing how the

estates with which it has pleased God to bless me shall be

disposed of after my decease, while I have strength

and capacity so to do: _____ do make and publish this my last

will and testament.

In primis. My will is that all my just debts and funeral charges

shall, by my executors hereinafter named, be paid out of my

estate as soon after my decease as shall by them be found

convenient.

Item. I ordain that Amelia S. Knox widow of my son Samuel

M. Knox shall have from my estate the avails or interest

of five hundred dollars ($500)____ the principal thereof to

be held by my son Alanson Knox, (to whom said amount

shall be paid by the executors) who shall pay to said Amelia

S. Knox quarterly i.e. four times in each year, during her

widowhood the full value of said principal during the time

in which it is so holden. After her decease, or in case she

should marry, the said five hundred dollars shall be returned

by the holder to my estate.

Item. After the provisions hereinbefore mentioned shall have

been duly executed, I will that all the rest and residue of my

earthly possessions whatsoever and wheresoever, of which nature,

kind and quality soever, be equally divided to and among

my children -- five sons, viz; Alauson, John, William

Lewis and Orrin; and three daughters, Lucinda, Catharine

and Laura - each one by this provision receiving one

eighth of said residue.

Item. I desire to buried in the church yard at Sunbury

by the side of the remains of my wife, in such style

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 275)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 275)

Description

[page 275]

[corresponds to labeled page 243 of Will Records Vol. 4 - 1859-1869]

Record of the Will of Titus Knox April 10th 1866.
243


and manner as my children shall think proper.

Lastly. I do hereby constitute and appoint my sons Alanson

Knox and John Knox executors of this my last will and

testament.

In witness whereof I have hereunto set my hand and

seal this fifth day of June in the year of our Lord one

thousand eight hundred and sixty two.

(Signed) Titus Knox. {Seal}

The above instrument consisting of two pages was now here

subscribed by Titus Knox the testator in the presence of each

of us; and was at the same time declared by him to be his

last will and testament; and we, at his request, sign our

names hereto as attesting witnesses.

(signed) G. W. Perfect residing at Sunbury, Del. Co.

Walter N. Wyeth residing at Sunbury Del. Co. Ohio.

(End of will.)

Record of the testimony for.

The State of Ohio, Delaware County Ss.

In the matter of the last will and testament of Titus Knox late of Trenton

Township deceased.

I, George W. Perfect, being duly sworn in open court this

10th day of April A.D. 1866 depose and say that we (myself and Walter

N. Wyeth) were present at the execution of the last will and testament

of Titus Knox of Trenton Township hereto annexed; that we saw

the said testator subscribe said will and heard him publish and

declare the same to be his last will and testament, and that the

said testator at the time of executing the same was of full

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

restraint; and that we signed the same as witnesses at his request

and in his presence and in the presence of each other.

(signed) G. W. Perfect.

Sworn to and subscribed before me in the Probate Court this 10th

day of April A.D. 1866. T. W. Powell Pro. Judge.

(Record of the commission issued in this case, to wit: _____)

The State of Ohio, Delaware County Ss.

In the Probate Court.

To the Probate Judge of Morgan County, Ohio. Greeting.

The undersigned Thomas W. Powell judge of the Probate Court

in and for the said county of Delaware; hereby constitute and appoint

you commissioner with full power and authority to take the

testimony of Walter N. Wyeth, (now of your county) one of the witnesses

to the last will and testament of Titus Knox decd. hereto annexed;

and to the execution and attestation thereof; and reduce his testimony

to writing; upon his solemn oath, which you will in due

form of law administer to him. And the testimony so reduced

to writing, together with the said will you will in due form in-

-close under your seal directed to this court. For so doing

this shall be your commission and authority.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 276)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 276)

Description

[page 276]

[corresponds to labeled page 244 of Will Records Vol. 4 - 1859-1869]


244


Record of the will of Titus Knox decd. April 10th 1866.

(L.S.) In testimony whereof I have hereunto set my

hand and affixed the seal of the said Probate

Court, at Delaware, Ohio; this 11th day of

April 1866 (signed) T. W. Powell Probate Judge.

(Record of the return thereto.)

The undersigned David C. Pinkerton Judge of the Probate Court

in and for the County of Morgan and State of Ohio, hereby certify

that in the pursuance of the within commission he has taken

the testimony of the said Walter N. Wyeth as to the execution and

attestation of the said will of Titus Knox decd. and reduced

the same to writing and hereto annexed. And now here-

-with inclosed and sealed up, and directed to the said Judge

of the Probate Court for Delaware County, Delaware, Ohio.

(L.S.) In testimony whereof I have hereunto set my hand

and the seal of said court this 13th day of April

A.D. 1866. (signed) David C. Pinkerton

Probate Judge of Morgan County, Ohio

The State of Ohio, Delaware County, Ss.

In the matter of the last will and testament of Titus Knox late

of Trenton Township, deceased.

I, Walter N. Wyeth being duly sworn in open court of the Probate

Judge of Morgan County, Ohio; this 13th day of April A.D. 1866,

depose and say that we, this witness and George W. Perfect, were present at

the execution of the last will and testament of Titus Knox of Trenton

Township hereto annexed; that we saw the said testator subscribe

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

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

executing the same was of full age and of sound mind and

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

same as witnesses at his request and in his presence, and in

the presence of each other and I further say.

(signed) Walter N. Wyeth

Sworn to and subscribed before me in the Probate Court this 13th

day of April A.D. 1866. (signed) David C. Pinkerton

Probate Judge, Morgan County, Ohio

The End of this will of record.
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 277)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 277)

Description

[page 277]

[corresponds to labeled page 245 of Will Records Vol. 4 - 1859-1869]



245

Record of the will of George W. Finley decd. April 14th 1866.


Proceedings had before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio at his office in the town of Delaware on the 14th

day of April A.D. 1866.

This day the Nuncucative Will of George W. Finley were pre-

-sented in open court, and was duly proved by the testimony of

Henry R. Finefrock and Lezzie Jones who being duly sworn

and examined, and their testimony reduced to writing, annexed

to and filed with the said will. And it appearing to the court that

on the 6th day of the present month the said George W. Finley

made his verbal will, and that the witnesses were then

called upon by the said George W. Finley in his presence and in

the presence of each other, at his residence in Radnor

Township, during his last sickness to hear testimony of his

testamentary words as his last will and that the said testator

was then of sound mind and memory; and it further appears

that the said testator died on the next day; and that the said

testamentary words were then and there immediately after

the speaking thereof, reduced to writing and now subscribed

by them. Thereupon upon consideration thereof the courts orders

that the said verbal and Nuncupative will be admitted to

probate as the last will and testament of the said George W. Finley

decd. and ordered to be recorded as such.

(Copy and record of the will.)

In the name of the Benevolent Father of All.

I, George W. Finley of Radnor township in the county of

Delaware and State of Ohio, do make and publish this

my last will and testament.

Item 1st. I give, devise and bequeath to my beloved wife

Angelina Finley all my personal property of all descriptions and

all my real estate situate in the Radnor Township of Delaware

County, of the State of Ohio, containing two hundred and sixty six

acres more or less so long as she remains my widow,

to have, to hold and control for her benefit and support, and

the proper support, education and benefit of my four daugh-

-ters, sig: Ellen Adelpha, Olive Ann, Carrie Belle and Mary Vale,

as either of them remain in single life.

Item 2nd. If my beloved wife intermarries and thus no longer

remains my widow, or at the close of her natural life, I give

devise and bequeath to each of my four daughters Ellen Adelphia,

Olive Ann, Carrie Belle, and Mary Vale and their heirs each

an equal share of both my personal and real property as

above described, unless either of the above named daugthers

should prove to be or should become of a more feeble

and delicate constitution than the others or in any way

be crippled, in either of which cases I give, devise and

bequeath to the child who shall be this feeble or crippled

a sufficiency of my property as above described over

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 278)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 278)

Description

[page 278]

[corresponds to labeled page 246 of Will Records Vol. 4 - 1859-1869]


246


Record of the Will of George W. Finley decd. April 14th 1866.


and an equal share with the others to provide for

such child a liberal education.

Item 3rd. I authorize and request my beloved wife to pay

all my just and legal debts from moneys now in my

possession or forth coming upon demand. also to collect

release and discharge in such manner as she may

deem proper all debts and claims due me.

Item 4th. I do hereby nominate and appoint my beloved

wife guardian of my four daughters Ellen Adelphia,

Olive Ann, Carrie Belle and Mary Vale until said

daughters arrive at legal age or intermarry; and do

enjoin upon her to give my said daughters a good

liberal education and to rear them in habits of industry

and inculiate upon them, as far as may be, Christian

faith and charity. I desire that no appraisement and

no sale of my personal property or real estate be made,

and that the court of probate direct the omission of the same

in pursuance of the statute. I do hereby revoke all former

wills by me made.

In testimony hereof I have hereunto set my hand

and seal, this 6th day of April in the year 1866.

Signed and acknowleged by said George W. Finley as his last

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

presence.

Signed by the undersigned as witnesses this 14th day of April 1866.

(signed) Henry R. Finefrock,

Lizzie Jones.

The State of Ohio

Delaware County Ss. In the Probate Court.


In the matter of the nuncupative, and last will and testament of

George W. Finley late of Radnor Township in this county decd.

Henry R. Finefrock and Lizzie Jones being duly sworn in

open court on this 14th day of April 1866, upon their respect-

-ive oathes depose and say that on the 6th day of the present

month they these witnesses were at the residence of the said

George W. Finley then in his life time. That he was there in

his last sickness and not expected long to live; that said Finley

then was there declared that he desired to make his will; that he

called on his wife Angelina Finley to notice what his will and

disposition of his property was, and said that he wished there wit-

-nesses to witness the same; and desire one of these witnesses

said Henry R. Finefrock to write the same so that he could sign

the same; which the said last name witness these and there

did reduce the same to writing just as the said Finley de-

-clared his will and disposition of his property to be. When the

same was so reduced to writing, the said George W. Finley had a sink-

ing spell, and became unconscious and unable to execute

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 279)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 279)

Description

[page 279]

[corresponds to labeled page 247 of Will Records Vol. 4 - 1859-1869]


247


his will, except as a verbal or nuncupative will.

This was about the hour of five o'clock P.M. of the said

6th day of April, and the new testator remained in his

sinking spell and unconciousness until about five

o'clock in the morning of the next day, when he died.

That the testator at the time he so declared and made his known

his will and disposition of his property was about forty five

years of age; of sound mind and memory, well capable of

making his will, and was free and not acting under any

restraint, until after he had so declared his will. the same was

then and there so reduced to writing just as he declared his

will and disposition of his property to be; and we afterwards

on this day signed the same as witnesses, which is the

same now hereto annexed, as the said will; and further

say not. (Signed.) Henry R. Finefrock

Lizzie Jones

Sworn to and subscribed before me in open court this

14th day of April A.D. 1866. T.W. Powell Probate Judge

__________ = __________

Record of the nuncupative will of Albert D. Dunham.

Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the County of Delaware and State

of Ohio, at his office in the town of Delaware on the

10th day of April A.D. 1866.

On the 7th day of February last the nuncupative will of

Albert D. Dunham late of Thompson Township decd. was

presented for probate and record. The testimony of william

J. Peet one of the witnesses was then taken and reduced to

writing etc, and now Lewis Lake the other witness thereto

appears and his testimony being taken and reduced to

writing; and it now appearing that the said will was duly

made and reduced to writing within the time required

by the statute, as stated in the said depositions. It is therefore

ordered that the said will be admitted to probate as duly

proved; and that the same and the despositions be recorded

as the nuncupative will of the said Dunham.

(Copy and record of the will &c.)

December 25th, 1865

I, Albert D. Dunham: ___ First it is my will that my just

debts and all charges he paid out of my estate. I give and devise

all the residue of my estate to Polly Decker to be her and

her heirs forever. I appoint and make the said Polly Decker

executrix of this my last will and testament. I do also author-

-ize and empower her Polly Decker if it shall become neces-

-sary in order to pay my debts my debts to sell by private

sale, or in such manner upon such terms of credit, or

otherwise, as the Polly Decker may think proper, all or any
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 280)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 280)

Description

[page 280]

[corresponds to labeled page 248 of Will Records Vol. 4 - 1859-1869]


248.


Record of the will of Albert D. Dunham decd. April 10th 1866.


part of my property to pay my debts; I desire that no ap-

-praisement and no sale of any property be made. I do hereby

revoke all former wills by me made.

The above statement made by Albert D. Dunham in our

hearing, Dec. 17th 1865 (Signed) Wm. J. Peet

Lewis Lake

The State of Ohio

Delaware County, Ss. In the Probate Court

On this 7th day of February A.D. 1866 William J. Peet

and Lewis Lake came into court, and were duly sworn and

examined, and on their respective oaths say and declare

that on the 17th day of December last, (1865.) they were (that

is William J. Peet and Lewis Lake) called upon by Albert D.

Dunham at his residence at Polly Decker, his home in Thom-

-pson Township in this county, while in his presence and

in the presence of each other, to hear testimony to his will

and disposition of his property, as he was then in his last sick-

-ness and not expected to live, that he was then in sound mind

and memory, and not under any restraint. That said Albert

D. Dunham died the next day. That at the time we were so

called upon, said Albert D. Dunham stated his said will and

disposition aforesaid was just as stated in the annexed paper

by us signed as the said will, which was reduced to writing on the

25th day of December aforesaid, within eight days of our

being so called upon as aforesaid - which was so reduced to writing

by William J. Peet, and then by us respectively signed as such wit-

nesses, now hereto annexed as such will.

(signed) Wm. J. Peet

Lewis Lake

Sworn to and subscribed by William J. Peet on the 7th day of Feb-

ruary A.D. 1866 and by Lewis Lake on the 10th day of April

1866. T.W. Powell Probate Judge

__________ = __________


Record of the will of Sidney Moore decd. April 30th 1866.

Proceedings had before Thomas W. Powell judge of the

Probate Court in and for the county of Delaware and State of Ohio

at his office in the town of Delaware on the 30th day

of April A.D. 1866.

This day the last will and testament of Sidney Moore decd. was

presented for probate and record. Thereupon Oren H. Newton and

Dudley W. Rhodes, the subscribing witnesses thereto, appeared in court

and were duly sworn and examined; and their testimony reduced

to writing and now annexed to the said will, and filed therewith

and it appearing to the court that the said will was duly executed

and attested; and that the said testator at the time of executing

the same was of full age, and of sound mind and memory and not under

any restraint; thereupon the court upon consideration

thereof, orders that that the said will be admitted to probate
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 281)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 281)

Description

[page 281]

[corresponds to labeled page 249 of Will Records Vol. 4 - 1859-1869]



249


as duly proved as the last will and testament of the said

Sidney Moore decd.; and ordered to be recorded as such.

(Copy and record of the will.)

In the name of the Benevolent Father of All.

I, Sidney Moore of Delaware Township, Delaware County and

State of Ohio, do make and publish this my last will and

testament. I give and devise to my beloved wife, the lot on

which we now reside situated in the village of Delaware

and now designated on the plat of the said town as one hundred

and three, in said town of Delaware, Delaware County, State of

Ohio during her natural life or so long as she remains my

widow; and all the household goods and furnature belonging to

us, during her natural life as aforesaid; and also the dividends

arising from my Railroad and Government stocks at her

disposal with advice of one or both of our sons; and at her

death as aforesaid, I give and devise to my daughter Emily

Stowe, two hundred dollars in either railroad or Government stocks;

and to my two sons Sidney and William E. Moore the balance of

my real and personal property to be equally divided between

them after paying all my just debts and funeral expenses; and if

it should be necessary to have an executor appointed, I should

prefer Sidney our oldest son.

In testimony hereof I have hereunto set my hand and seal

this 7th day of April 1866. (signed) Sidney Moore (seal)

Signed and acknowledged by said Sidney Moore as his

last will and testament in our presence and signed by us

in his presence. (signed) Oren M. Newton

D. W. Rhodes.

We certify that the above alterations and erasures were made

previous to our witnessing the above - previous to his signing the same.

(signed) D. W. Rhodes

O. M. Newton (end of the will.)

The State of Ohio Delaware County Ss.

In the matter of the last will and testament of Sidney Moore of Delaware

Township in said county deceased.

We Dudley W. Rhodes and Oren M. Newton being duly sworn in open

court this 30th day of April A.D. 1866 depose and say that we were present at

the execution of the last will and testament of Sidney Moore of

Delaware Township hereto annexed; that we saw the said testator

subscribe said will and heard him publish and declare the same

to be his last will and testament, and that the said testator at the time

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

and not under any restraint; and that we signed the same as wit-

-nessed at his request and in his presence and in the presence of each

other. (signed) Oren M. Newton

D. W. Rhodes

Sworn to and subscribed before me in the Probate Court this 30th day of

April A.D. 1866. T.W. Powell Probate Court



Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 282)

Title

Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 282)

Description

[page 282]

[corresponds to labeled page 250 of Will Records Vol. 4 - 1859-1869]



250


Records of the will of Godfried Riddle decd. May 11th 1866.

Proceedings heard before Thomas W. Powell Judge of the

Probate Court in and for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on the 11th

day of May A.D. 1866.

This day the last will and testament of Godfried Riddle

late of Delaware Township in this county was presented to

the court for probate and record. Thereupon John Hoag and

Henry J. Eaton, witnesses to the said will came into court

and were duly sworn and examined, and their testimony

reduced to writing, and now annexed to the will, and filed

therewith; and it appearing to the court that said will was

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

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

and memory, and not under any restraint. Thereupon the court

upon consideration thereof orders that the said will

be admitted to probate as the last will and testament of the said

Godfried Riddle decd. and ordered to be recorded as such.

(Record and copy of the will)

On this eighteenth day of January in the year of our

Lord eighteen hundred and sixty six, I Godfried Riddle, residing

near the town of Delaware in the county of Delaware, State of

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

revoking all former wills by me made.