Delaware County Ohio Will Records Vol. 5 1869-1876

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 1)

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Andress Lucy R. Page 64

Alexander James ,,247

Adams Elijah Will of ,, 277 Case No 2294

Abraham James Will of ,,321,,

Adams Elias Will of ,,338

Arnold Nathan Will of ,,376
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Will Records 1869 - 76
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Bebb John Page 66

Black Marshall ,, ,, 74.

Bachman Bathsheba ,, ,, 78

Baker Ignatius ,, ,, 93

Baker Henry ,, ,, 111

Blackman Ira ,, ,, 131 & 32

Babcock David ,, ,, 162

Bricker Christopher C ,, 185 Case No 2149

Budd John ,, 222.

Bierce Margaret ,, 264 Case No 2229

Bader Martin Will of ,, 281

Blackman Sally Will of ,, 312 (312)

Bartholomew Major Will of ,, 344

Black Christian ,, 347 Case No 2455

Brecht Martha R Will of ,, 382

Bedow George A Will of ,, 389
,,
Bonner Henry Will of ,, 428
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Page

Carney Elijah ,, 11

Cruickshank David G ,, 19

Curtis Sarah ,, 27

Curtiss Caty ,, 98 Case No 1970

Carpenter Orr ,, 100

Collum Thomas A Will ,, 232

Carpenter Homer Will of ,, 279 Case No 2295

Campbell Chester Will of ,, 329 " " 2408

Closson Cornelius Will of ,, 330 Case No 2405

Condit Jotham Will of ,, 353 " " 2471

Cline Henry Sen Will of ,, 355

Christ Jonathan deceased Will of ,, 375

Case Riley deceased ,, 381 Case No 2479

Colvin Susan deceased Will of ,, 394 " " 2554

Cline Jacob B deceased Will of ,, 401 " " 2557

Cook Maria M Will of ,, 407 " " 2652

Cunningham John Will of ,, 410

Coonfare Peter Will of ,, 423

Case Lucinda ,, ,, 423 Case No 2638

Coldron Abagail 437 " " 2640

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Page
Dodd Wm C ,, ,, 26 Case No 1851 Page

Dowell Samuel - ,, ,, 124

Dewitt Paul ,, ,, 150

Davids Sylvanus Thos and

Benjm F Executres Page .182

Dusenberry Daniel ,, ,,192

Dustin Nathan ,, ,,.236.

Davies James Will of ,, ,, .261 Case No 2270

Doby Samuel B Will of ,, .284

Dodge Clarinda Will of ,, ,,332

Dutton George Will of ,, ,,362

Dawes John ,, ,, 447

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Evans Evans Page 2

Evans Evan ,, 58 Case No 1920

Evans Mary J ,, 62 Case No 1919

Eklebury Jacob ,, 87 " " 1950

Evans Robert ,, 240

Eaton Joseph deceased Will of -- ,, 396 441 Case No 2653

Ellmore Sally Will of ,, 364 Case No 2478
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Page
Fowler James B ,, 16

Fry Jacob ,, 21 Case No. 1838

Freshwater Mary ,, 29

Fairchild B. M ,, 169

Fleming Isaac ,, 199

Fowler Charles M ,, 214

Fleming Henry C ,, 266

Finley Samuel ,, 283

Fate Sarah A. ,, 299

Forwood William R ,, 319 Case No 2373

Fegley Henry Will of ,, 358

Farrier John C Will of ,, 383

Faris James ,, ,, 443
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George Fanny Page 45

Gaston James H. ,, 71

Griffiths David ,, 105

Grady Miles ,, 168

Green A J ,, 190

Griffiths May ,, 351 Case No 2463

Griffin Patrick deceased Will of ,, 393.
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Houg John Page 136

Houts Lucinda ,, 140

Heinn Andrew ,, 144

Havens Jesse ,, 216 Case No 2165

Herron Julia ,, 217

Hair Ester ,, 220 Case No 2190

Herron Hanora ,, 228 Case No 2193

Heddrick Jacob ,, 245

Holmes Jesse ,, 219

Howe Emily ,, 286

Healy Ebenezer ,, 291

Humphrey John ,, 303

Hames John ,, 361

Holmes Jesse Will of ,, 373

Hamilton John Will of ,, 387

Humphrey Eber Will of 432

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Jones Thomas Case No 1916 Page 67

Janes Chas C. ,, 69

Johnson John C Case No 2160 ,, 189

Jacobus John .C ,, 243

Jones Sarah Will Case No 2290 ,, 276

Jackson George A Will of ,, 341

Jones William F Will of ,, 371

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Kent James George Hall & P P Slack Executors Page ,, 177

Kaufman Christian John Biggs Admt ,, 323

Kelly John Will of ,, 357.
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Page
Lindsey Wm E 14

Longshore Cyrus ,, 90

Linnaberry Joseph ,, 123

Lawson Sarah ,, 172

Longwell Ezekiel Will of ,, 234

Longwell James Will of ,, 272

Landon Lydia Will of '' 369 Case No 2453

Lavender Thos ,, ,, 416

Lodwig John ,, ,, 439

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McAllister Lucinda decd Page 33 Case No 1794

Miller Adam ,, ,, 42 Case No 1896

Meminger Maria ,, ,, 44 " " 1898

Mendenhall Joel Z. ,, ,, 95

McIntire Jane ,, ,, 102

McKitrick James ,, ,, 118

Miller William ,, ,, 129

Main Eleazer ,, ,, 142

Markwith Richard J ,, ,, 147 Case No 2051

McIlvain Greer ,, ,, 165

McElroy James K ,, ,, 196

Myers Isaac ,, ,, 239

Meeker Elisha[illegible] ,, ,, 253

Mc Master R. G. Mrs McMaster & other Executors Page .259

Maugans Joseph Will of ,, 274

Mannix Elisabeth " 294 Case No 2323

McNeal Samuel N Will of ,, 306

McPhillips Joseph Will of ,, 310

Maynard Moses Will of Recorded ,, 379. Case No 2516


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Nusi, Earhart Page 212

Nettleton, Nathen 426
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Page
O'Connor Thomas decd ,, ,, 30

Oneus Thomas decd ,, ,, 80

Owens, Evan decd ,, ,, Page 157

O'Conner, Maurice decd Will of ,, 404 Case No 2526
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Potter Asohel 8

Potter Joseph ,, 72

Patterson Betsey ,, 76 Case No 1899

Patterson Barnabus ,, 180

Peall Aaron ,, 187

Powell Robert ,, 226

Payne N H ,, 229 Case No 2206

Patterson James Will of ,, 255

Phinney Jonathan Will of ,, 262

Perry David Will of ,, 289

Patrick Norman Will of ,, 324

Patton John Will of ,, 367

Pfeifer Jacob Will of ,, 402.

Page Riley Will of ,, 430




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Ryant John Page ,, 35 Case No. 1890

Roloson Jacob ,, 155.

Robinson William D. ,, 159

Rarcek Daniel Will ,, 194

Rank, Peter Will ,, 230

Roberts, Almina ,, 385 Case No 2531
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Safford Cynthia A Page ,, 22

Sherman John ,, 32

Stallman Henry ,, 83

Smith Nancy ,, 115 Case No 1988

Swartz Daniel ,, 120

Shultz John ,, 128

Shoub Martin Will ,, 132

Scott Edmund ,, 184. Case No 2142

Schultz Peter ,, 191

Sherwood David ,, 243

Spalding Micah Will of ,, 251

Sebring William Will of ,, 348

Smith Lewis W Will of ,, 350 Case No 2462

Smith Sarah Will of ,, 365 " " 2495

Shoub William M 446 " " 2659


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Page
Tipton, Emily D. ,, 1

Thompson Maria ,, 126

Thrasher Elisha Will ,, .149. Case No. 2054

Thompson John ,, ,, 178.

Thomas Daniel Will ,, ,, 54

Thompson John W ,, ,, 434




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Utley, Anna Will of Page ,,346
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Vining Elem A. Page 47

Veergon John G. , 49

Vansickle Peter , 107
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Wagoner Frederick decd Will of Page 37

Winget Ezra decd Will of ,, 91

White William decd Will of ,, ,, 153

Wells Henry decd Will of ,, 156

Watkins William Will of ,, ,, 167

Willes Jacob Will of ,, ,, 224 Case No 2195

Wagnor John Will of ,, ,, 249 " " 2246

Warrington Nancy Will of ,, ,, 257

Welch Asahel Will of ,, ,, 295 Case No 2334

Waters Robert Will of ,, ,, 297

Wells Abraham Will of ,, ,, 308.

Worline Samuel Will of ,, ,, 316.

Willis Ann Will of ,, ,, 326. Case No 2389

Waters Sylvester J Will of ,, ,, 334. " " 2422

Worline Jacob ,, ,, 399.

Welshinier Lucinda deceased Will of ,, 392.

Walker Robert Will of ,, 405 Case No 2578

Whitten, John Will 413

Wilcox Warren ,, 414

Williams Hosea ,, 418

Watkins Mary ,, 433 Case No 2632
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1

Record of Wills - commenced August 10th 1869

Record of the Last Will of Emily D. Tipton deceased


Proceedings had before Thomas W. Powell Judge of the Probate Court

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

Town of Delaware on the 5th day of May A.D. 1869.

The following is the Journal Entry towit -

"Will and Estate of Mrs Emily D Tipton deceased

On the 13th day of February last Rev Orren H. Newton presented to

the Court the last will and testament of Emily D. Tipton decd for probate

and record, and also the Codicil thereto annexed. Thereupon Lorenze D

McCabe one of the subscribing witnesses to the will came into Court and

was duly sworn and examined, and his testimony reduced to writing

and filed therewith. And it appearing that the other witnesses to the said

will and codicil were residents out of the state commissions were there=

upon duly issued to take the testimony of the said witnesses,which were

afterwards in due time duly returned with the testimony duly reduced

to writing and now on file with the will and codicil, and it thereby appearing

to the Court that the said will and codicil were duly executed and attested

and that the said testatrix at the several times of executing the said will

and codicil was of full age and of sound mind and memory and acting

under no restraint. It is therefore ordered that the said will and codicil be

admitted to record and probate as the duly executed last will and

codicil of the said Emily D Tipton decd and ordered to be recorded

as such.

Thereupon afterwards letters testementary were duly issued to Oren

H. Newton, the Executor named in the will who accepted thereof and

gave bonds in the sum of $2000. with John McElroy and James

S Campbell his surities. Letters issued

T W Powell

Probate Judge

(Copy of the Will)

In the name of the Benevolent Father of All!

Emily D Tipton of the Town of Delaware

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

this my last will and testament, hereby revoking all former wills

heretofore made by me -

First - It is my will that all my Just debts and funeral expenses

and expenses of settling my Estate be first fully paid

Second: I do hereby direct and it is my will that within

one year after my decease, my Executor, hereinafter named

shall sell the property consisting of a house and lot which I

own situated in the Village of Odin in Marion County in the

State of Illinois, it being the only lot owned by me in said village:

and it is my will that said house and lot be ^so sold at the best season

of the year for realizing its full value. And I direct and it is my

will, and I hereby authorize and empower my said Executor

to sell the same at public or private sale as to him shall seem

best, and on such terms of credit as to him shall seem best, and
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2

Record of the Last Will of Emily D. Tipton, decd

to make a deed to the purchase thereof conveying the full title

in fee simple directly by virtue of the powers hereby granted:

it being my wish to save and avoid all court expenses.

Provided however that in the sale thereof the terms of credit be

not longer nor more favorable to the purchase than the usual terms

of one-third of purchase money in hand and one-third in one year &

one-third in two years from the day of sale; the deferred payments if

any there shall be to be secured by mortgage on the premises and

to be as interest from the day of sale

Third: It is my will that in case of the death removal or disability

of my said Executor or his refusal to accept the Executorship

of this my will, that then my friend Henry C Goodnow a

lawyer in Salem in said Marion County do execute and

transact the sale of said property in said Odin under & accord=

ing to the directions of said Second item of this will, and in the Events

or any of the Events in this item specified I do hereby fully authorize

and empower him said Henry C Goodnow to sell said property

in said Odin, and to make a deed therefor, conveying the title

thereto directly to the purchaser thereof, as fully and completely

as I have authorized my said Executor to do in said Second

item of this will. and I will that said Henry C Goodnow shall

(in any of said events whereby he hereby acts as aforesaid)

transfer the proceeds of said sale immediately on its completion

- the money & notes & mortgage - to whoever shall then be lawfully

charged with the execution of this my last will and testament, to be by

such person disposed of as herein directed.

Fourth: It is my will that of said property in Odin shall sell--

as herein directed -- for twenty two hundred dollars, then of the

proceeds of said sale three Hundred dollars be paid Executor

to my sister Ella Read, and three Hundred dollars thereof to

my sister Clarinda Dodge: and if said property in Odin

shall sell for only two thousand dollars or less, I will that

of the proceeds of said sale there be paid by my Executor to

my said sister Ella Read two Hundred dollars, and to my

sister Clarinda Dody, two hundred dollars; and that of said

property shall sell for a sum between two thousand dollars

and twenty two hundred dollars, that the excess above two thous=

and dollars & under twenty two hundred whatever it shall be --

shall be equally divided and paid to my said sister Ella Read

and Clarinda Dodge each one half of such excess, in addition to

the legacies hereby given them of two hundred dollars each, but in

no event are they to have over three hundred dollars each.

And in case of the death of either of my said two sisters before

the completion of said sale and receipt of the purchase money and

notes aforesaid, then I will that the legacy given to such deceased

sister by this item of this will shall be paid to the one of two mentioned

and named sisters surviving, and in case both of my said two

sisters shall have deceased at the time of the sale and receipt of said

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3

Record of the Last Will of Emily D. Tipton, decd


money and proceeds of sale, then I will that the whole proceeds of said

sale be paid and delivered to my mother Mrs Clarinda Dodge: and

it is my will that said legacies to my said two sisters -- as aforesaid be

paid immediately on the completion of said sale, and out of the money

paid in hand as aforesaid provided there be sufficient for that purpose

but if there be not sufficient that the money in hand be equally

divided between them & paid on said legacies, & that the residue

of said legacies be paid out of the first deferred instalment of

purchase money, And at all events I will that the residue

of the proceeds of the sale of said property in Odin after paying

the legacies aforesaid to my two Sisters aforesaid shall go to

and be paid to my Mother Mrs Clarinda Dodge

Fifth: It is my will that after the payment of all just debts

funeral expenses and the expenses of settling my Estate and the

payment of the legacies to my said two sisters above named, all

the rest and residue of my Estate property and effects real & personal

shall go to and be paid to my said Mother Clarinda Dodge, and

I do hereby devise and bequeath to her all such residue of

my property.

Sixth: In case my Mother said Clarinda Dodge shall depart this

life before my decease then it is my desire & it is my will that

the said legacies to my sisters be paid as herein provided,

and that then all the balance and residue of my property

of every description and kind be equally divided between

my Sisters Ella Read and Clarinda Dodge Lucy D. Tipton

& Sophia D Weldon and my brother James R Dodge or

those of them my said brother & sisters living at my decease

in case any of them should die I surviving.

Seventh: I do hereby appoint Rev O H Newton of Delaware

Ohio my friend and Pastor to be the Executor of this my last

will and testament. In testimony whereof I have hereunto signed

my name and affixed my seal as and for my last will and

testament this Sixth day of July AD One Thousand Eight

Hundred and Sixty Eight

Emily D. Tipton {seal}

The foregoing will was signed and sealed by the said Emily D

Tipton in our presence and declared and published to be her last

will and testament in our presence and signed by us and attest=

ed at her request in her presence and in the presence of each

other L.D. McCabe

{US Stamp C.C. McCabe

$1.00 x}


Codicil

I Emily D. Tipton being of sound mind and memory do

make and publish as a Codicil to my last will and test=

ament hereto attached bearing date of the Sixth day of July

in the year of our Lord One thousand Eight Hundred and

Sixty Eight that my said will be so changed as to give to

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4

Record of the Last Will of Emily D Tipton decd

my beloved Mother Clarinda Dodge one third part only of the

proceeds of the Sale of my house and lot situated in Odin in

the County of Marion and State of Illinois, and the remaining

two thirds to be equally divided between my brother and

Sisters Ella Read Clarinda Dodge, Lucy D. Tipton, Sophia

D Weldon and James R. Dodge, or such of them as may be

living at the time of my decease

Secondly - I desire that my sister Clarinda K Dodge be paid

out of the remainder of my Estate the sum of Three Hundred

and Fifty Dollars being the value of my share in a Piano

owned by me and my Sister Ella Read and my mother

Clarinda Dodge -- and further that my Mother Clarinda

Dodge holds a note for fifty Dollars which shall be considered

as fully paid out of this property willed to her in my said

will hereto attached as aforesaid. In testimony whereof I have

attached my name and affixed my seal my last will

being intended as a Codicil to my former will herein alluded

to, this 8th day of January in the year of our Lord One Thous-

and Eight hundred and Sixty nine

Emily D. Tipton {seal}

The foregoing Codicil to a last will of Emily D Tipton

was signed and sealed by her in our presence and by her

declared to be her last will and testament intended as a

Codicil in our presence and at her request we have

sgined our names in her presence and in the presence

of each other

Harrison Houpt } Resident of Murpheysboro

Urbane E Robinson Jr } Jackson County Illinois

(End of Codicil)


(Copy of Testimony

The State of Ohio }

Delaware County } In the matter of the last will and test=

ament of Emily D Tipton late of Delaware in this County Decd

I Lorenzo D McCabe being duly sworn in

open Court this 13th day of February AD 1869, depose and say that

we were present at the Execution of the last will and testament of

Emily D Tipton decd late of Delaware Ohio hereto annexed

bearing date 6th day of July 1868, that we this affiant and Charles

C McCabe saw the said testatrix subscribe said will and heard

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

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

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

restraint and that we signed the same as witnesses at her request

in her presence and in the presence of each other

Lorenzo D. McCabe

Sworn to and subscribed before me in Probate Court this 13th day

of February AD 1869 T.W. Powell, Probate Court
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 38)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 38)

Description

[page 38]

[corresponds to page 5 of Delaware County Will Records Vol. 5 1869-1876]


5

Record of the Last Will of Emily D Tipton decd

Commission

To take testimony of Witness to will.

The State of Ohio }

Delaware County ss. }

To Doct J. R. Dodge of Murpheysboro

His - Greeting:

Know ye, That we in confidence of your

prudence and fidelity have appointed you and by these presents

do give you full power and authority to examine and take the

deposition of Harrison Hought and Urbane E Robinson give

subscribing witnesses to the last Will and Testament and Codicil

of Emily D Tipton decd hereto annexed, late of the County of

Delaware Ohio in the State of Ohio, dec'd and therefore we command

you that at certain days and places appointed by you, you

cause the said Harrison Houghtt and Urbane E robinson Jr

to be brought before you, and then and there to examine them on

oath or affirmation first taken before you touching the due execution

of said Will and Codicil of the said Emily D Tipton decd, and

that you reduce the examination to writing, and return the same

together with this Commission and the Will of the said Emily D Tipton

decd, thereto annexed, closed up under your seal into one said

Probate Court with all convenient speed

{seal} In testimony Whereof, I Thomas W. Powell,

Judge of the said Court, have hereunto set my

hand and affixed the seal of said Court at

Delaware this 15th day of March AD 1869


T.W. Powell

Probate Judge

Testimony of Witness to Will.

In the matter of the last Will and Testimant of Emily D

Tipton decd - I, James R. Dodge, duly appointed and

commissioned by the Judge of the Probate Court of the County of

Delaware and State of Ohio to take the testimony of Harrison

Hought and Urbane E. Robinson, Jr the subscribing witnesses

to the last Will and Testament of Emily D Tipton decd late a

resident of the said County of Delaware in the State of Ohio

which Commissions and the said Will are hereto annexed, I

do hereby certify that in pursuance of said Commission I caused

Harrison Hought and Urbane E Robinson said subscribing

witnesses as aforesaid to come personally before me at the City

of Murpheysboro County of Jackson and State of Illinois

who being by me duly sworn according to law to speak the

truth, the whole truth and nothing but the truth concerning and in

relation to the Execution of said will depose and say that

after the Codicil to said last will and testament was written

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 39)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 39)

Description

[page 39]

[corresponds to page 6 of Delaware County Will Records Vol. 5 1869-1876]


6

Record of the Last Will of Emily D Tipton decd

it was read over to said Emily D Tipton and thereupon

she declared it to be her last will and testament and in their

presence she signed her name to the same; that we were present

at the making of said Will hereto attached, and at the request of

the deceased subscribed their names to said will as witnesses in

the presence of the deceased and of each other, that they saw said Emily

D Tipton deceased sign and seal said will and heard her pub=

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

that the said Emily D Tipon, was, at the time of making signing

and sealing said last will and Testament, of full age, and of

sound mind and memory and not under any unlawful

restraint whatsoever

Harrison Hought

Urbane E Robinson Jr

I, J.R. Dodge, do further testify that the said testimony was

reduced to writing by myself in presence of said witnesses

respectively and subscribed by said wintesses in my presence on

this 6th day of April AD 1869.

In testimony whereof I have hereunto set my hand this 6th

day of April AD 1869

James R Dodge, Commissioner

Commission

To take Testimony of Witness to Will.

The State of ohio. }

Delaware County, ss, }

To Rev William L. Harris of New

York City - Greeting:

Know ye, That we in confidence

of your prudence and fidelity have appointed you and by these

presents do give you full power and authority to examine and

take the deposition of Rev Charles C. McCabe, subscribing

witness to the last will and Testament of Emily D Tipton hereto

annexed late of the County of Delaware in the State of Ohio died

and therefore we command you that at certain days and places

appointed by you, you cause the said Charles C. McCabe to be

brought before you, and then and there examine him on oath or

affirmation first taken before you touching the due executior

of said Will of the said Emily D Tipton and that you reduce

such examination to writing and return the same together

with this Commission and the said Will of the said Emily D

Tipton thereto annexed, closed up under your seal into our

said Probate Court with all convenient speed

{seal} In testimony whereof, I Thomas W. Powell

Judge of said Court, have hereunto set my hand

and affixed my seal of said Court at Delaware Ohio

the 20th day of April AD 1869 T W Powell

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 40)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 40)

Description

[page 40]

[corresponds to page 7 of Delaware County Will Records Vol. 5 1869-1876]


7

Record of the last Will of Emily D. Tipton, deceased

Testimony of witness to will.

In the matter of the last will and Testament of Emily D

Tipton deceased

I William S Harris duly appointed and

commissioned by the Judge of the Probate Court of the County

of Delaware in the State of Ohio to take the testimony of Charles

C McCabe the subscribing witness to the last will and Testament

of Emily D Tipton late of Delaware Ohio deceased late a resident

of said County of Delaware in the State of Ohio, which Commission

and the said will are hereto annexed I do hereby certify that in

pursuance of said Commission I caused the said Charles C.

McCabe said subscribing witness as aforesaid to come personally

before me at 200 Mulburry Street in the City of new York

who being by me first duly sworn according to law, to speak

the truth, the whole truth, and nothing but the truth concerning

and in relation to the execution of said will deposes & says

that on or about the sixty day of July AD 1865 at Delaware, he

this deponent, and L.D. McCabe were called upon to witness

the execution of the said last will and testament of the said

Emily D Tipton decd, that they were present at the execution

of said will hereto attached and, at the request of the deceased

subscribed their names to said will as witnesses in the presence

of the deceased and of each other: that they saw the said Emily

D Tipton deceased sign and seal said will and heard her

publish and declare the same to be her last will and Testament:

that the said Emily D. Tipton, deceased, was, at the time of making

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

under any undue or unlawful restraint and further says

not C. C. McCabe

I, William L Harris the Commissioner above named

do further testify that the said testimony was reduced to writing

by myself except that in print & the hand writing of the Probate

Judge in the presence of said witness and subscribed by said

witness in my presence this Twenty Sixth day of April AD

1869.

In testimony whereof, I have hereunto set my hand as

Commissioner aforesaid this 26th day of April AD 1869

William L Harris Commissioner
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 41)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 41)

Description

[page 41]

[corresponds to page 8 of Delaware County Will Records Vol. 5 1869-1876]


8

Record of the last Will of Asabel Potter decd

Proceedings had before Thomas W Powell Judge of the Probate

Court in and for the County Delaware and State of Ohio, at

his office in the Town of Delaware on the 24th day of March

AD 1869.

The following is the Journal Entry to wit -

Will and Estate of Asahel Potter decd

On the 24th day of March last the last will and testament of

Asahel Potter late of Brown Township decd was presented to the

Court for Probate and record. Thereupon William Blair one

of the subscribing witnesses to the said will came into Court and

was duly examined and sworn and his testimony reduced to writ=

ing and filed with and annexed to the said will. and it appearing

that Israel Bryfogle the other witness lives out of the State and issued

a commission to take this deposition of said Bryfogle in due form.

and it now appearing that the said will was duly executed and

attested, and that the said testator at the time of executing the

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

under any restraint, it is therefore considered and ordered that

the said will be admitted to probate and record as duly proved

as the last will and testament of the said Asahel Potter decd

and ordered to be recorded as such

T W Powell

Probate Judge

(Copy of the Will)

I Asahel Potter of Brown Township in Delaware County

Ohio do make and publish this my last will and testament

in manner and form following to wit:

1st It is my will and desire and I hereby desire give and

bequeath that all my just debts be first paid.

2nd It is my will and desire and I hereby devise, give and

bequeath all the residue of my property both real and personal

and of every kind and description, that may be left after

paying my debts, be equally divided between and amongst

my children (sons and daughters) share and share alike; but the

share and portion so to be paid and due to each of my

daughters, shall be paid and given to her as her seperate and

Estate to and for her seperate use and benefit to be controled and

managed by her, seperate and distinct from the control and

of her or their several husbands (in case they have any) and

whatever such property shall remain unexpended by any one

of my daughters during her lifetime, shall go to and be paid over

to the children or next of kin to each and every of my said Daugh-

ters ^ But it is my will that my
said daughters each and every one ^ of them
during her natural life shall have

full power and control over her seperate share and portion to

use expend and dispose of as her seperate Estate and property

as she may deem best and proper, without the control or hind-

erance of her husband or his creditors

3rd I hereby constitute and appoint my two sons Israel
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 42)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 42)

Description

[page 42]

[corresponds to page 9 of Delaware County Will Records Vol. 5 1869-1876]


9

Record of the Last Will of Asahel Potter decd


Potter and Lyman Potter Executors of this my last will and

testament hereby; hereby revoking and annulling all former

wills and testaments and affirming this and no other as my

last will and testament. And so published and declared

this Sixteenth day of September AD 1858

Asahel Potter

Signed, declared and published as the last will and testament of

the said testator on the day and year last above written who in our

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

and in the presence of each other put our names hereto as witnesses

Isreal Bryfogle

{U.S. Stamp $1.00} William Blair

(Copy of testimony)

The State of Ohio. }

Delaware County, ss. } In the matter of the last will and testament

of Asahel Potter late of Brown Township in this County decd

I William Blair being duly sworn in open Court

this 24th day of March AD 1869, depose and say that we -

this deponent and Isreal Bryfogle - were present at the exec=

ution of the last will and testament of Asahel Potter of Brown

Township in this County hereto annexed, bearing date 16th day

of September 1858: that we saw the said testator subscribe said

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

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

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

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

witnesses at his request in his presence and in the presence

of each other

William Blair

Sworn to and subscribed before me, in the Probate Court, this

24th day of March AD 1869

T W Powell

Probate Judge

(Copy of)

Commission

To take testimony of witness to will.

The State of Ohio }

Delaware County, ss. }

To the Judge of the Probate Court or

to any Judge of a Court of Jackson County Missouri -

Greeting. Know Ye, That we in confidence of your

prudence and fidelity, have appointed you, and by these

presents do give you full power and authority to examine

and take the deposition of Israel Bryfogle one of the

subscribing witnesses to the last will and testament of

Asahel Potter hereto annexed, late of the County of Delaware

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 43)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 43)

Description

[page 43]

[corresponds to page 10 of Delaware County Will Records Vol. 5 1869-1876]


10

Record of the Last Will of Asahel Potter decd


in the State of Ohio deceased, and therefore we command you

that at certain days and places appointed by you, you cause

the said Israel Breyfogle to be brought before you, and

then and there to examine him on oath or affirmation first

taken before you touching the due Execution of said will of the

said Asahel Potter deceased and that you reduce such

examination to writing and return the same together with this

Commission and the will of the said Asahel Potter deceased thereto

annexed, closed up under your seal, into our said Probate Court,

with all convenient speed.

In testimony whereof, I, Thomas W Powell Judge of the said

{seal} Court, have hereunto set my hand and affixed the

Seal of said Court at Delaware Ohio this 27th

day of March AD 1869

T W Powell

Probate Judge

Testimony of Witness to will.

In the matter of the last will and testament of Asahel Potter

late of Delaware County Ohio decd

I, J W Jenkins Judge of the

Probate and Common Pleas Court in the County of Jackson

Missouri duly appointed and commissioned by the Judge of the

Probate Court of the County of Delaware in the State of Ohio, to take

the testimony of Israel Breyfogel one of the subscribing witnesses

of the last will of Asahel Potter late of Delaware County decd a

resident of Delaware County State of Ohio, which Commission

and the said will hereto annexed I do hereby certify, that in

pursuance of said commission I caused the said Isreal Breyfogle

said subscribing witness as aforesaid, to come personally before

me at who being duly sworn according to

law, to speak the truth, the whole truth and nothing but the truth

concerning and in relation to the execution of said will depose

and say the said Israel Breyfogel and one William Blair were

present and witnessed, and attested the execution of said will of

the said Asahel Potter on or about the 16th day of September

1858 at Brown Township in Delaware County Ohio and further

says that they were present at the execution of said will hereto

attached marked "A" and dated as aforesaid, and at the request

of the deceased subscribed their names to said will as witnesses

in the presence of the deceased and of each other: that they saw the said

Asahel Potter decd sign said will and heard him publish and

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

Asahel Potter deceased, was, at the time of making signing and

sealing said last Will and testament, of legal age and of sound

mind mind and memory, and under no restraint whatsoever

Israel Breyfogel

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 44)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 44)

Description

[page 44]

[corresponds to page 11 of Delaware County Will Records Vol. 5 1869-1876]


11

Record of the Last Will of Asahel Potter, decd


I, J W Jenkins Judge of the Probate and Common Pleas Court

of Jackson County do further testify that the said testimony was

reduced to writing by myself except that in print and in the

hand writing of the Probate Judge of Dealware County, in presence

of said witness and subscribed by said witness in my presence, on

the 19th day of May AD 1869.

In testimony whereof I have hereunto set my hand this

10th day of May AD 1869

J W Jenkins Judge of

Probate and Common Pleas Court


Record of the Last Will of Elijah Carney decd

Proceedings had before Thomas W Powell Judge of the Probate Court

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

the Town of Delaware on the 14th day of May AD 1869

The following is the Journal Entry. to wit =

May 14th 1869

Will and Estate of Doct Elijah Carney decd

The last will and testament and Codicil of Elijah Carney late

of Berkshire decd was presented in Court for Probate and record

Thereupon John M Frost and Mary H Case the two subscribing

witnesses to the will and codicil came into court and were duly

sworn and examined and their testimony reduced to writing

and filed therewith. And it appearing to the Court that the said

will was duly executed and attested and that the testator at

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

mind and memory and not under any restraint. It is therefore

considered and ordered that the said will and codicil be ad=

mitted to probate and record as duly proved as the last will

and testament of said Elijah Carney decd and ordered to be

recorded as such

Letters testementary were thereupon duly granted to Edwin

Carney the Executor named in the will (J P Crawford the other

Executor named declining to serve) who gave bonds in the

sum of $15000, with Read Letts Isaac VanSickle and

Henry C Frost his surities. The Court appoint James Lamp=

man, George D Searles and John Finck appraisers of the said

Estate -- Letters issued T.W. Powell.

Probate Judge

(Copy of Will)

In the name of the Benevolent Father.

I Elijah Carney of Berkshire

Township do make and publish this my last will and

testament

Item 1st I will and devise to my beloved wife all my property

both real and personal during her natural life -- she however

setting so much thereof either of real or personal or both

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 45)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 45)

Description

[page 45]

[corresponds to page 12 of Delaware County Will Records Vol. 5 1869-1876]


12

Record of the Last Will of Elijah Carney decd


as may best suit her convenience sufficient to pay my Just

debts

Item 2nd At the death of my said wife the real Estate aforesaid

any such part of the said personal property or the proceeds

thereof as may then remain unconsumed and unexpended

I give and devise by equal division to my two sons and

my daughter to sit - Benjamin Carney, Edwin Carney and

Sarah Rogers and their heirs forever

I do hereby nominate and appoint Edwin Carney and

J P Crawford Executors of this my will and testament

hereby authorizing and empowering them to compromise

adjust release and discharge in such manner as they may

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

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

my debts to sell by private sale or in such manner upon

such terms of credit or otherwise as they may think best all or

any part of my real Estate and deeds to purchasers to execute

acknowledge and deliver in fee simple

I do hereby revoke all former wills by me made

In Testimony whereof I have hereunto set my hand and

seal this 1st day of Octber 1865

Elijah Carney {seal}

Signed and acknowledged by said Elijah Carney as his last

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

presence D T Sherman

John M. Frost

(Codicil)

Whereas I Elijah Carney on the 1st day of Oct 1865

made my last will and testament of that day do hereby

declare the following to be a Codicil to the same -

I do hereby give and bequeath to my son Edwin Carney

(at the death of my said wife) one thousand dollars more

than an equal division with my son Benj Carney and

my daughter Sarah Rogers

In wtiness whereof I have hereunto set my hand and seal

this 1st day of January 1869. Elijah Carney {seal}

Signed and acknowledged by said Elijah Carney as a

Codicil to his last will and testament in our presence

and signed by us in his presence

John M Frost

{U.S. Stamps} Mary A Case

{$5 00/00 # }

(Copy of Testimony)

The State of Ohio }

Delaware County, ss. } In the matter of the last will and

Testament of Elijah Carney late of Berkshire Town=

ship in this County dec -- I John M Frost -- being

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 46)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 46)

Description

[page 46]

[corresponds to page 13 of Delaware County Will Records Vol. 5 1869-1876]


13

Record of the last Will of Elijah Carney decd


duly sworn in open Court this 14th day of May AD 1869 depose

and say that we were presented this deponent and David T

Sherman - were present at the execution of the last will and test=

ament of Elijah Carney of Berkshire Township in this County

hereto annexed bearing date October 1st 1865; that we saw the

said testator subscribe said will, and heard him publish and

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

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

mind and memory and not under any restraint and that we

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

of each other. Said David T Sherman is dead - departed this

life abut two years since. Also at the same time came James

P Crawford who being also duly sworn says that he was present

at the Execution of said will and saw said Carney sign and

publish the same as his will and saw the said witnesses witness

the same as stated by said John M Frost

John M Frost

James P Crawford

Sworn to and subscribed before me in Probate Court this 14th

day of May AD 1869

T W Powell

Probate Judge

(Testimony of Witnesses to Codicil)

The State of Ohio }

Delaware County ss. } In the matter of the Codicil to the

Last will and testament of Elijah Carney late of Berks=

hire Township decd

We, John M Frost and Mary A Case

being duly sworn in open Court this 14th day of May AD 1869

depose and say that we were present at the Execution of the

last will and testament and Codicil of Elijah Carney decd

of Berkshire Township hereto annexed bearing date 1st day

of January 1869 and annexed to the will bearing date Oct 1st

1865; that we saw the said testator subscribe said will and

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

and testament, and that the said signed the same as witnesses

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

John M Frost

Mary A Case

Sworn to and subscribed before me, in Probate Court this

14th day of May AD 1869

T W Powell

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 47)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 47)

Description

[page 47]

[corresponds to page 14 of Delaware County Will Records Vol. 5 1869-1876]


14

Record of the Last Will of William E Lindsey decd


Proceedings had before Thomas W Powell Judge of the Probate

Court in and for Delaware County and State of Ohio, at his

office in the Town of Delaware on the 1st day of June AD 1869

The following is the Journal Entry to wit -

June 1st 1869

Will and Estate of William E Lindsey decd

On the 29th day of May last past, the last will and

testament of William E Lindsey late of Delaware decd

was presented to the Court for probate and record.

Thereupon William M Dalbey and Jackson Hipple

the two subscribing witnesses thereto came into Court and

were duly sworn and Examined and their testimony red=

uced to writing and annexed to the said will and filed

therewith: and it appearing to the Court that the said will

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

time of the Execution thereof was of full age of sound mind and

memory, and not under any restraint it is therefore considered

that the said will should be admitted to probate and record

as duly proved as the last will and testament of the said

William E Lindsey decd and ordered to be recorded as such.

Thereupon Mary Lindsey the widow came into Court to

make her Election under the will: and the matter being

fully made known to her and fully understood, and her

interest under the will, and by the law in case she refuses to

take under the will; therefore she declared it was her choice

and election under the will according to the terms thereof

Thereupon the said Mary Lindsey the Executrix named in

the will requested letters testamentary on the Estate, which

which were accordingly granted and who gave bonds as

such Executrix in the sum of $6000 with Harvey Cornell

and Henry Besse her surities conditioned that she pay

the debts and legacies of the Estate. No appraisement recognized

T W Powell

Probate Judge

(Copy of Will)

I William E Lindsey of the Village of Delaware in the County

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

last will and testament

Item 1st It is my will that all my Just debts be paid

Item 2nd I give and devise to my beloved wife Mary Lindsey

the house and lot where we now reside situated on the west

side of Franklin Street and adjoining thereto, and on the south

side of North Street and adjoining thereto, in the Village of Delaware

County of Delaware and State of Ohio being In Lot No 4 NE

pt in said Village with all the appurtenances thereto belong=

ing - Also all my household goods, Store, goods and

chattles, Bonds, Stocks and personal property of every

(ston)

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 48)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 48)

Description

[page 48]

[corresponds to page 15 of Delaware County Will Records Vol. 5 1869-1876]


15

Record of the Last Will of William E Lindsey decd


description whatsoever and money - excepting the sum of $600.00

hereinafter devised

Item 3rd I give and devise to my sister Mary W Lindsey

the undivided Equal one-third part interest and Estate in and

to a farm situated in PeePee Township Pike County Ohio - known

as the "Lindsey farm" and now owned Jointly by myself Joepsh

W and Mary W Lindsey heirs at law of Enos Lindsey decd

consisting of about Two Hundred and Thirty-three of land all-

together - also I give and devise to my said Sister Mary W

Lindsey the sum of Six Hundred dollars to be paid to her

by my Executrix as follows, One Hundred dollars

immediately after my decease, and the remainder in Equal

Semi annual payments until paid in full, and if there should

not be sufficient funds in cash in the hands of my Executrix

to pay said sum of $600 as it becomes due that she sell

at private sale a sufficient amount of my personal

property hereinbefore devised to pay said $600.

Item 4th I do hereby nominate and appoint my wife Mary

Executrix of this my last and testament.

In testimony hereof I have hereunto set my hand and

seal this 10th day of February AD 1869

W.E. Lindsey, {seal}

Signed and acknowledged by said William E Lindsey as his

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

his presence

Wm M Dalbey {U.S. Stamps}

J. Hipple. {$4 00/100 }

(End of Will)

(Copy of Testimony)

The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of William E Lindsey late of the Town of Delaware in this

County decd. We William Dalbey and Jackson Hipple

being duly sworn in open Court this 29th day of May AD 1869,

dipose and say that we were present at the Execution of the last

will and testament of William E Lindsey decd of Delaware Ohio

hereto annexed, bearing date 10th day of February 1869;

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

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

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

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

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

his presence and in the presence of each other

Wm M Dalbey

J Hipple

Sworn to and subscribed before me, in the Probate Court this

29th day of May AD 1869.

T. W. Powell, Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 49)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 49)

Description

[page 49]

[corresponds to page 16 of Delaware County Will Records Vol. 5 1869-1876]


16

Record of the Last Will of James B. Fowler decd


Proceedings had before Thomas W Powell Judge of the Probate

Court in and for Delaware County and State of Ohio, at his

office in the Town of Delaware on the 12th day of June AD 1869

The following is the Journal Entry towit

June 12th 1869

Will and Estate of James B Fowler decd

This day the last will and testament of James B Fowler decd late

of Orange Township was presented to the Court for probate and

record. Thereupon Caleb Hall and Alonzo A Hall the subscrib=

ing witnesses thereto came and were duly sworn and examined

and their examination reduced to writing and annexed to the said

will. Thereupon it appearing to the Court that the will was duly

executed and attested, and that the said testator at the time of

executing the same was of full age of sound mind and

memory and not under any restraint it is therefore ordered that

the said will be admitted to probate and record as the last will

and testament of the said James B Fowler, and ordered to be

recorded as such

It appearing that Major Bartholemew the Executor named in

said will declines to act as such; on motion the Court appoints

Gustavus Ellsbree and William S Piatt Administrators with the

will annexed to settle the said Estate in conformity with the will

and the law. The said Adm is acceptd the said appointment

and gave bonds in the sum of $3000. with William P Wentz and

Walter T Watson their surities. Hiram Gregory, Chauncy Smith

and Daniel Andrews appraisers of the said Estate

T W Powell

Probate Judge

(Copy of the Will)

In the name of the Benevolent Father of all!

I James B Fowler of Orange Delaware Co in the State

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

Item 1st It is my will that all my just debts be paid out of

my Estate

Item 2nd I give and devise to my son Bars C Fowler

at my decease one Dollar it being all that I give him out of

my Estate

Item 3rd I give and devise to my son Marc W Fowler if he

should ever return home one Dollar it being all that I give

him out of my Estate

Item 4th I give the rest of ^all my property to my other four heirs

in equal proportions as follows -- I give to my son Jacob C

Fowler's heirs one fourth of the said property above named

I also give to my son Moses W Fowler's heir one fourth of

said property as above named. I also give to my daug-

hter Betsey J Piatt one fourth of said property as above

named. I also give to my Daughter Antinett Ellsbree

one fourth of said property as above named

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 50)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 50)

Description

[page 50]

[corresponds to page 17 of Delaware County Will Records Vol. 5 1869-1876]


17

Record of the Last Will of James B Fowler decd


N. B, The above named property is to be paid to my heirs at my

decease. I do hereby revoke all former wills by me made

Item 5th I do hereby nominate and appoint Major Bartholemew

-- of this last will and testament. In testimony whereof

I have hereunto set my hand and seal this Seventh day of July

in the year 1866 J.B. Fowler {seal}

Signed and acknowledge by said James B Fowler as his last

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

presence Caleb Hall

A.A. Hall {U.S. Stamp }

{$1 00/100 X}

(Copy of Testimony)

The State of Ohio }

Delaware County, ss, } In the matter of the last will and

testament of James B Fowler late of Orange Township in

this County decd

We Caleb Hall and Alonzo A Hall being

duly sworn in open Court this 12th day of June AD 1869, depose

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

and testament of James B Fowler of Orange Township hereto

annexed bearing date Seventh day of July 1866: that we saw

the sam the said testator subscribe said will and heard him

publish and declare the same to be his last will and test=

ament, and that the said testator at the time of executing the

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

Not under any restraint, and that we signed the same as

witnesses at his request and in his presence and in the

presence of each other

Caleb hall

Alonzo A hall

Sworn to and subscribed before me, in the Probate Court, this

12th day of June AD 1869

T W Powell

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 51)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 51)

Description

[page 51]

[corresponds to page 18 of Delaware County Will Records Vol. 5 1869-1876]


18

Record of the Last Will of David G Cruickshank decd


Proceedings had before Thomas W Powell Judge of the Probate

Court in and for Delaware County and State of Ohio at his

office in the Town of Delaware on the day of AD 1869

The following is the Journal Entry towit -

June 17th 1869

Will and Estate of David G Cruckshank decd

This day the last will and testament of David G Cruickshank

late of Liberty Township decd was presented to the Court for

probate and record. Thereupon Richard H Humphreys

and Thomas F Joy the two subscribing witnesses thereto came

into Court and were duly sworn and examined and their

testimony reduced to writing annexed to the said will and

filed therewith and the Court finding that the said will

was duly executed and attested and that the said testator

at the time of executing the same was of full age of sound

mind and memory and not under any restraint - it is

therefore ordered that the said will be admitted to probate

and record as duly proved as the last will and testament of

the said David G Cruikcshank decd, and it is ordered

to be recorded as such.

Thereupon letters testimentary were granted to Mrs

Eliza Cruickshank the widow - the Executrix named in

the will, who gave bonds in the sum of $3000 with D B Baker

and R B Baker her surities; who received her letters

no appraisers.

And upon full consideration thereof the said widow

Eliza B Cruickshank delcared that it was her choice

and election to take under the will according to the terms

thereof instead of according to law without the said will

T W Powell

Probate Judge

(Copy of Will)

Will

I David G Cruickshank of Delaware County Sate of

Ohio being of sound mind and memory and understanding

do make publish and declare this to be my last will and

testament hereby revoking and making null and void all

former last wills and testaments and writings in the nature

of last will and testaments by me heretofore made.

My will is first that my funeral expenses and all my

just debts be paid by my Executrix hereinafter named.

The residue of my Estate and property which shall not

be required for the payment of my just debts, funeral charges

and the expenses attending the execution of this my will

and the Administration of my Estate I give devise and

dispose thereof as follows

1st I give and devise to my beloved wife Eliza B

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 52)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 52)

Description

[page 52]

[corresponds to page 19 of Delaware County Will Records Vol. 5 1869-1876]


19

Record of the Last Will of David G. Cruickshank, decd

Cruickshank all my household furniture, clothing and book

and all my personal property consisting of horses, cattle, sheep

hogs and all other stock and all the Farming Implements, wagons

harness etc that may be on the premises on which I now reside

at the time of my decease also all moneys & credits due me

or on hand at the time of my ^said decease To have and To hold to

her and her heirs assigns Executors and Administrators to her

and their use and behold forever.

2nd I give bequeath and devise to my said beloved wife Eliza

B Cruickshank, the entire, exclusive and undivided use and

control, rents, profits & benefits of the farm on which we now

reside & hereinafter described and all buildings & improve-

ments thereon To have and to hold during her natural life

said farm is situated in Delaware County State of Ohio and

in Range Nineteen (19) Township four (4) Section four (4) of

the United States Military survey & being the north east

part of Lot No 20 containing one hundred and fourteen

acres 135 4/10 perches of land more or less, bounded on the west

by the center of the old turnpike road - north by the center of the

County road - east by the section & Range line & south by

50 acres ^of land set off & quit claimed to Mrs Jane Leonard.

3rd all the residue of bequests & devises herein given to my

said beloved wife Eliza B Cruickshank both personal & real

which my said wife shall not have used for her support &

comfort or disposed of during her life time I give & bequeath

to my aforesaid Children

3rd All the rest of my Estate not herein before devised I give

and devise to all my Children - Olive L Young wife of

Wm B Young, Stephen L Cruickshank David G Cruickshank

Jr. Eliza J Cruickshank, Clarissa P Janes wife of Samor

Janes Wm W Cruickshank, Oliver D Cruickshank, Lavina

G. Cruickshank & Lawrence A Cruickshank to be equally

divided between them taking into the account all advances

of money or property made to any or all of them by me in

my life time as stated in a book in which said account

of advances are entered & per receipts given by said recip=

ients of advancement, and

4th All the residue of bequests and devises herein given

to my said Beloved wife Eliza B Cruickshank both personal

and real which my said wife shall not have used for her

support and Mandaman comfort or disposed of during her

life-time. I give & bequeath to my aforesaid Children as herein

above named to be equally divided among my said children

it being my will that if any of my children shall die previous

to the decease of my said beloved wife leaving children, that their

children shall inherit their Parents proportion of my Estate.

Also it is my will that in case any of my said children shall

die during the lifetime of my said beloved wife, her Item 3d in this
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 53)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 53)

Description

[page 53]

[corresponds to page 20 of Delaware County Will Records Vol. 5 1869-1876]


20

Record of the Last Will of David G Cruickshank decd


will that their children receive their parents proportion of said

Item 3d aforesaid

And I nominate and appoint my wife Eliza B Cruickshank

to be the sole Administratrix of this my last will and test=

ament.

In testimony whereof I the said David G Cruickshank

have hereunto set my hand and the seal subscribed my name

and affixed my seal this day of November Ad 1866

David G Cruickshank {seal}

Signed sealed and declared by said David G Cruickshank to be

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

have subscribed our names as witnesses hereto in the presence

of each other

R H Humphreys

T F Joy {U.S. Stamps}

James Eaton {$8.00/100 XX}

(Copy of Testimony)

The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of David G Cruickshank late of Liberty Tp in this county

decd

We, Richard H Humphreys and Thomas F Joy being being duly

sworn in open Court this 17th day of June AD 1869, depose and

say that we were present at the Execution of the last will and

testament of David G Cruickshank of Liberty Township

in this County hereto annexed bearing date day of

November AD 1866: that we saw the said testator subscribe said

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

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

executing the same was of full age of sound mind and

memory and not under any restraint, and that we signed

the same as witnesses at his request in his presence and

in the presence of each other

R H Humphreys

Thos F Joy

Sworn to and subscribed before me in Probate Court, this

17th day of June AD 1869

T W Powell

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 54)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 54)

Description

[page 54]

[corresponds to page 21 of Delaware County Will Records Vol. 5 1869-1876]


21

Record of the Last Will of Jacob Fry decd


Proceedings had before Thomas W Powell Judge of the Probate Court

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

in the Town of Delaware on the 14th day of August AD 1869

The following is the Journal Entry towit

August 14th 1869

Will and Estate of Jacob Fry decd

The last will and testament of Jacob Fry late of Brown Township decd

was presented to the Court for probate and record, and thereupon Marshall

M Glass one of the subscribing witnesses to the will came into court

and were duly sworn and examined: and the other witness to the

same James M Abrams having died William E Moore was also

sworn and examined, and their testimony reduced to writing and

annexed to the said will and filed therewith: and it then appearing

to the court that the said will was duly executed and attested:

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

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

restraint, it is therefore ordered that the said will be admitted

to probate and record as duly proved as the last will and testament

of said Jacob Fry decd and ordered to be recorded as such

(No letters issued) T W Powell

Probate Judge

(Will)

In the name of the Benevolent Father of all


I, Jacob Fry of Brown

Township Delaware County Ohio do make and publish this

my last will and testament.

Item 1st. I give and devise to my beloved wife the farm on which

we now reside situate in Brown Township Delaware County

Ohio during her natural life or so long as she shall remain

my widow. Also all the personal property I hold at my decease

I give and bequeath to my said wife during her natural life, except

that which is mentioned in Item Second. At the death of my said

wife the real Estate and personal property aforesaid I devise

and bequeath to William Hendren Fry aged nineteen years.

If however said William Hendren Fry should die before the

death of my wife having no children, then at the death of my

said wife I devise and bequest the aforesaid property to the

heirs of Caroline Hipple.

Item 2nd I give and bequeath to William Hendren Fry one bay

horse and one buggy and one hundred dollars in money.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this tenth day of September AD 1868

his

Jacob x Fry {seal}

mark

Signed and acknowledged by said Jacob Fry as his last will

and testament in our presence and signed by as in his presence

{U.S. Stamps} J.M. Abrahams

{$2 00/100 X} M.M. Glass

over
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 55)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 55)

Description

[page 55]

[corresponds to page 22 of Delaware County Will Records Vol. 5 1869-1876]


22

Record of the Last Will of Jacob Fry, deceased


The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of Jacob Fry late of Brown Township in this County decd

I, Marshall M Glass, who was witness to said

will with James M Abrahms who is now deceased being duly

sworn in open Court this 7th day of August AD 1869, depose and

say that we, this affiant and James M Abrahms were present at the

Execution of the last will and testament of Jacob Fry of Brown

Township hereto annexed, bearing date 10th day of September 1868,

that we saw the said testator subscribe said will and heard him publish

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

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

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

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

and in the presence of each other, and further says that said James M

Abrahams has since departed this life, having died May last

and at the same time came William E Moon who being duly sworn

says that he was well acquainted with said Abraham in his lifetime

and acquainted with his hand writing and would say on looking at

the signature on said will that it was his hand writing.

M M Glass

W E Moore

Sworn to and subscribed before me, in the Probate Court this 7th Day

of August AD 1869 T W Powell

Probate Judge


Record of the Last Will of Cynthia A Safford decd

Proceedings had before Thomas W. Powell Judge of the Probate Court

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

in the Town of Delaware on the 25th day of October AD 1869

The following is the Journal Order made on that day, to wit:

October 25th 1869

Will of Cynthia A Safford decd, Ordered to be recorded

This day the authenticated copy from the record of the Probate

Judge of Union County in the State of Ohio, of the probate of the

last will and testament of Cynthia A Safford late of the said

County of Union, decd, as admitted to record in the Probate

Court of the said County of union on the 10th day of July AD

1869. and this Court being satisfied that the said will related

to property in this County orders that the same be recorded

and entered on record in this Court.
T.W. Powell,

Probate Judge

Union County Probate Court July 10th 1869

Cynthia A Safford's }

Will } Be it rememberd that this day

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 56)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 56)

Description

[page 56]

[corresponds to page 23 of Delaware County Will Records Vol. 5 1869-1876]


23

Record of the Last Will of Cynthia A Safford decd


the last will and testament of Cynthia A Safford was presented

Court by Pelethia Safford, and Alpheus Stumm and Catherine

Stumm the subscribing witnesses to said will appeared as witnesses

in Court and on oath testified to the due execution of said will

which testimony was reduced to writing by me, and by said witnesses

subscribed and filed with said will and it appearing to the Court by

said testimony that said will was duly attested and executed and the

said Cynthia A Safford at the time of making signing and sealing said

will, was of legal age and of sound and disposing mind and memory

and and under no undue or unlawful restraint whatsoever.

It is therefore ordered by the Court that the said will and the test-

imony be recorded.

The said will and the testimony so reduced, are recorded herein

in the words following, to wit:

I, Cynthia A Safford of the

County of Delaware Union, State of Ohio do make and publish

this my last will and testament.

I give and bequeath to my husband Pelethia Safford my

House and Lot to wit being part of Out Lots as twelve (12)

thirteen (13) as designated B & G on the Plat of the Town of Norton

in the County of Delaware in the Sate of Ohio, also ^all my House

hold goods, except my Coverlid for Bed which I give and

devise Mrs Serena Mansen during her natural lifetime and

at her death to go to her daughter Serena Mansen.

In testimony hereof I have hereunto set my hand and seal

this twenty seventh day of July As Eighteen Hundred and sixty

seven Cynthia A Safford {seal}

Signed and acknowledge by said Cynthia A Safford

as her last will and testament and in our present and signed

by us in her presence

Alpheus Stumm

Catherine Stumm

The State of Ohio Union County, ss. } Probate Court

personally appeared in open Court

Alpheus Stumm and Catherine Stumm the subscribing

witnesses to the last will and testament of Cynthia A Safford decd

who being duly sworn according to law to speak the truth, the whole

truth & nothing but the truth in relation to the execution of said

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

the last will and testament of Cynthia A Safford now deceased

present at the Execution of said will at the request of the test-

ix subscribed their names to the same as witnesses in her

presence and that they saw the said Cynthia A Safford died

sign and seal said will and heard her acknowledge the same

to be her last will and testament and that said Cynthia

A Safford at the time of making signing and sealing said

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 57)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 57)

Description

[page 57]

[corresponds to page 24 of Delaware County Will Records Vol. 5 1869-1876]

24

Record of the Last Will of Cynthia A Safford decd

will was a legal age and of sound mind and memory and

under no undue or unlawful restraint whatsoever.

Alpheus Stumm

Catherine Stumm

Sworn to and subscribed in open Court this 16th day of July

AD 1864 James R Smith Probate Judge

The State of Ohio Delaware County ss

James R Smith Sole Judge and

in office Clerk of the Probate Court - of said county do hereby

certify the foregoing will Testimony and Journal Entry are

Justly taken and correctly copied from the files and records

of said Court.

In testimony whereof I have hereinto affixed my

{ SEAL } signature and the seal of said Court at Marysville

this 14th day of July AD 1869

James R Smith Probate Judge


Record of the Last Will of George Clack decd

Proceedings had before Thomas W Powell Judge of the Probate

Court in and for the County of Delaware and State of Ohio at the Court

House in the Town of Delaware on the 28th day of December AD 1869

Therefore to wit on the 28th day of December AD 1869 the following

order was made in the Journal as follows towit~

December 28th 1869

Will of George Clack late of Union County deceased

This day the authenticaed copy of the last will and testament

of George Clack late of Union County decd as proved and admitted

to record in the Probate Court of Union County Ohio on the 9th day of March

day was presented for record in this Court. And this Court being satisfied

that the said will related to real property in this County, it is ordered

that the same be admitted to record and recorded in this Court and

County T W Powell Probate Judge

The following is a copy of the said will and the proof thereof,

with the certificate of the said court of Probate of Union County and

towit "Union County Probate Court March 9th 1869

George Clark's } Be it remembered that on this day March
}
Will } 9th 1869 the last will and testament of George Clark

late of Union County Ohio deceased was produced in Court by

Henry C. Targust, the Executor named in said will and William H

Ferguson and S Walker the subscribing witnesses to said will appeared

in open Court and on oath testified to the due execution of and will

which testimony was reduced to writing by me and by said witnesses

subscribed and filed with said will, and it appearing to the Court by said

testimony that he said will was duly attested and executed that the said

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

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 58)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 58)

Description

[page 58]

[corresponds to page 25 of Delaware County Will Records Vol. 5 1869-1876]

25

Record of the Last Will of George Clark deceased


legal age and of sound mind, memory and not under any restraint what-

soever. It is therefore ordered by the Court that the said will and the testimony

be recorded. The said will and testimony are recorded herein in the words

following, towit.

"In the name of the Benevolent Father of all!

I George Clark of Clarebom Township Union County Ohio do

make this my last will and testament.

1st It is my will that as soon after my decease as may be deemed

proper, my funeral expenses be paid out of my Estate

2nd I will and bequeath to Clarky Galloway One Hundred Dollars

3rd All the residue of my property effects both real & personal I will and

bequeath to my Nephew Henry C Tonguet in view of his having

taken care of me in my old age & in view of his still taken care of

me during my natural lifetime. And it is my will that my Estate

be settled without Court charges and hence I constitute & appoint my

said Nephew Henry C Tonguet my Executor and authorize him to

pay my funeral expenses after my decease and to pay the One Hundred

Dollars - above mentioned to my Niece Charky Galloway within

one year after my deceased and to fully carry out the provisions

of this my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 18th day of December AD 1866

George Clark {Seal}

Signed by George Clark in our presence & signed by us in his presence

W H Ferguson

S Walker


The State of Ohio}
}
Union County ss }

Personally appeared in open court W H Ferguson

& S Walker the subscribing witnesses to the last will and testament of

George Clark deceased who being duly sworn according to law to

speak the truth the whole truth & nothing but the truth in relation

to the execution of said will, depose and say what the paper before

them purporting to be the last will and testament of Geoerge Clark

now deceased is the last will & testament of deceased George Clark

that they were present at the execution & at the request of the testator sub-

scribed this names as witnesses to the same in his presence and that they

saw the said George Clark deceased sign & seal said will & heard him ack-

nowledge the same to be his last will & testament that they said George

Clark at the time of making signing & sealing was of legal age & of sound

& deposing mind & memory & under no undue or unlawful restraint

whatsoever W H Ferguson

S Walker

Sworn to & subscribed before me this 9th day of March AD 1869

James R Smith Probate Judge

The State of Ohio }
}
Delaware County ss } In the Probate Court

James R Smith Probate Judge in & for

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 59)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 59)

Description

[page 59]

[corresponds to page 26 of Delaware County Will Records Vol. 5 1869-1876]

26

Record of the Last Will of William Dodds deceased

said County so hereby certify the forgoing to be a true copy of the will of

George Clark decd the probate & record thereof

In testimony whereof I have hereunto set my hand

{Seal} & the seal of said court of Marysville this 3rd day of

November AD 1869

James R Smith Probate Judge

___________________________________

Record of the Last Will of William Dodds deceased

Proceedings had before Hon Thomas W Powell Judge of the Court

of Probate in & for the County of Delaware & State of Ohio, at his

office in the Court House in the Town of Delaware, on the 1st day of

September AD 1869

Therefore, to wit- on said 15th day of Sept - AD 1869 the follow

ing order was made in the Journal as follows towit~

September 15th 1869

Will and Estate of William C Dodds deceased

This day the last will & testament of William C Dodds late of

Scioto Township was presented to the court and were duly sworn &

examined & this testimony reduced to writing & filed with said

will and it therefore appearing to the Court that the said will was

duly executed & attested & that the testator at the time of executing

the same was of full age of sound mind & memory & not under any

restraint, it is therefore ordered that the said will be admitted to probate

as duly found as the last will & testament of said William C Dodds

& be recorded as such (No letters)

T W Powell

Probate Judge

The following is the record of said will, towit~

"In the name of the Benevolent Father of All!

I William C Dodds of the County of Delaware, Ohio, do make and

publish this my last will & testament.

Item 1st I give and devise to my son William A Dodds - all of my

property both real & personal in fee simple____________________________

which shall remain after paying my first debts upon the conditions

following, towit: that he shall take care of maintain & support his

Mother - Mary Dodds - during her natural life - if she shall out live

me - and upon the further conditions that he pay to my son Robert C

Dodds the sum of One Thousand Dollars within one year after my

decease - or one year after the death of my wife Mary Dodds - if she shall

out live me: and upon the further condition that he pay to my grandson

Clarence Dodds the sum of Ten Dollars.

Item 2nd I do hereby nominate and appoint my son William H

Dodds Executor of this my last will & testament: I desire that the

appraisement of my personal property be made & that the Court

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 60)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 60)

Description

[page 60]

[corresponds to page 27 of Delaware County Will Records Vol. 5 1869-1876]


27

Record of the Last Will of William C Dodds deceased

of probate direct the omission of the same in puranance of the Statute

In testimony that this is my last will & testament I have

hereunto set my hand & seal this 23rd day of April 1869

Wm C Dodds {seal}

Signed & acknowledged by the said William C Dodds as his last will

& testament in our presence & signed by us in his presence as witnesses

at his request M C Lawrence

{U S Stamps} Joseph W Lawrence

{$2 00/100 X}


The State of Ohio }

Delaware County ss } In the matter of the Last Will & testament of

William C Dodds late of Scioto Township in said County deceased

We Marcinns C Lawrence & Joseph W Lawrence

being duly sworn in open Court this 15th day of September Ad 1869,

depose & say that we were present at the Execution of the last will and

testament of William C Dodds of Scioto Township in this County

hereto annexed, bearing date 23rd day of April 1869: that we saw the

said testator subscribe said will, & heard him publish & declare the

same to be his last will & testament & that the said testator, at the said

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

mind & memory, & not under any restraint, & that we signed the same

as witnesses at his request & in his presence & in the presence of each

other.

M C Lawrence

Joseph W Lawrence

Sworn to & subscribed before me in the Probate Court, this 15th

day of September Ad 1869

T W Powell Probate Judge


Record of the Last Will of Sarah Curtiss deceased

Proceedings had before Hon Thomas W Powell Judge of the Probate

Court in & for Delaware County, State of Ohio: at his office in the

Court House in the Town of Delaware on the 29th day of September

AD 1869.

Thereupon, towit: on said 27th day of Sept Ad 1869 the following

order was made in the Journal as follows towit

September 27th 1869

This day the last will & testament of Mrs Sarah Curtis late of Genoa Twp

decd was presented to the Court for probate and record. Thereupon Mary

Ann Jackson & Mary L Carter the two subscribing witnesses to the said

will came into Court & were duly sworn and examined & their testimony

reduced to writing annexed to the said will & filed therewith. And it

appearing that the said will was duly executed and attested and that the

said testatrix at the time of executing the same was of full age of sound mind

& memory & not under any restraint. The Court upon consideration

orders that the said will be admitted to probate as duly proved as the last

will & testament of and Sarah Curtis decd & ordered to be recorded as such

(Signed) T W Powell Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 61)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 61)

Description

[page 61]

[corresponds to page 28 of Delaware County Will Records Vol. 5 1869-1876]


28

Record of the Last Will of Sarah Curtis deceased


The following is the record of said will, towit: --

I Sara Curtis of the Twonship of Genoa & County of Delaware

& State of Ohio being of sound mind & memory and considering the

uncertainity of this frail and transitory life, do therefore made & declare

this to be last will & testament; that is to say. First after all

my lawful debts are paid then I will One Hundred Dollars apiece

to each of the children of my Brother Rufus Carter. Then One Hundred

Dollars apiece to each of the children of my Brother Lewis Carter.

Fourth, and to Sarah C Croxton one hundred dollars. And I give &

bequeath and devise all the remainder of my Estate real and personal

to be equally divided between my Brothers Jonas Carter, James Carter

Samuel Carter and my Sister Mary Ann Jackson.

In testimony whereof I have hereunto subscribed my name and

affixed my seal this thirty first day of July in the year of our Lord

One Thousand Eight Hundred & sixty nine.

{U S Stamp} Sara Curtis {seal}

$1 50/100 x}

The above written instrument was subscribed by the said

Sara Curtis in our presence and acknowledged by her to each of us:

and she at the same time published and declared the instrument so

subscribed to be her last will and testament, and we at the testament

request and in her presence and in the presence of each other have signed

our names as witnesses hereto Mary Ann Jackson

Mary L Carter

The State of Ohio }

Delaware County ss }

In the matter the last Will & Testament of Sarah

Curtis of Genoa Township in said County decd.

We Mary Ann Jackson and Mary L Carter

being duly sworn in open Court this 29th day of September AD 1869,

depose & say that we were present at the Execution of the last will &

testament of Sarah Curtis of Genoa Township in this County decd

hereto annexed bearing date 31st day of July 1869; that we saw said

testator subscribe said will & heard her publish & declare the same

to be her last will & testament, and that the said testatrix at the time

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

& not under any restraint, and the we signed the same as witnesses

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

Mary Ann Jackson

Mary L Carter

Sworn to and subscribed before me in the Probate Court this 29th day

of September AD 1869

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 62)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 62)

Description

[page 62]

[corresponds to page 29 of Delaware County Will Records Vol. 5 1869-1876]


29

Record of the Last Will of Mary Freshwater deceased

Proceedings had before Hon Thomas W Powell, Judge of the Probate Court

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

of Delaware on the 16th day of October AD 1869

Thereupon, towit, on the said 16th day of Oct AD 1869 the following order

was made in the Journal as follows, towit:-

October 16th 1869

Will & Testament of Mrs Mary Freshwater decd

This day the last will and testament of Mrs Mary Freshwater decd widow

of the late John Adam Freshwater of Concord Township decd was presented

to the Court for probate and record. Thereupon William A Black and

James Cutler came into Court and were duly sworn and examined

and their testimony reduced to writing & annexed to the said will and filed

therewith. And it appearing to the Court that the said will was duly

executed and attested, and that the said testatrix at the times of executing

the same was of full age of sound mind and memory and not under

any restraint. On consideration thereof it is ordered that the will be

admitted to probate as duly proved as the last will and testament of the

said Mary Freshwater dec and ordered to be recorded as such.

Thereupon upon motion James Cutler is appointed Administrator

of the said Estate of said Mary Freshwater decd with the will annexed, who

gave bonds in the sum of $2000 with Merlin Benton and Orra Presley

his surities, and the Court appoint William Loveless John Kuhns and

Joseph R Corbin - appraisers of the said Estate. (Letters issued)

T. W. Powell,

Probate Judge

The following is the record of said will & proof thereof as follows towit,-

In the Name of the Benevolent Father of All!

I Mary Freshwater of Concord Tp. Delaware County Ohio

do make and publish this my last will and testament.

Item 1st I give and devise to my daughter Sarah Jane Hannawalt

Thirty Dollars which she has already got.

Item 2nd I give and devise to my daughter Ann Eliza Penn, Three

Hundred & Fifty Dollars which she has already got.

Item 3rd I give and devise to my daughter Malinda Jane, and

Sons John Emanuel and David Leroy, all the wheat, all the corn

all Farming Utensils, all Stock, Horses Cows, Cattle Sheep & Hogs

and Household goods to be divided Equally without public sale.

Item 4th I give and devise to my Daughter Malinda Jane, all

moneys that may be due me on notes or otherwise at my decease.

Item 5th I do hereby nominate and appoint my Esteemed Brother=

in law George Freshwater and his Esteemed Son David Fresh=

water Guardians for my daughter Malinda Jane and Son

John Emanuel & David Leroy until they arrive of age.

My said Guardians are hereby enjoined to give my children

a good English Education and to rear them in habits of industry

Item 6th I devise that no appraisment and no sale of my personal

property be made.

In testimony hereof I have hereunto set my hand and

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 63)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 63)

Description

[page 63]

[corresponds to page 30 of Delaware County Will Records Vol. 5 1869-1876]


30

Record of the Last Will of Mary Freshwater deceased


Seal this 4th day of October in the year 1869

Mary Freshwater {seal}

Signed & acknowledged by said Mary Freshwater as her last will

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

{U S Stamp} William A Black

{$1 00 x} James Cutler

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament of

Mary Freshwater late of Concord Township in said County, decd

We James Cutler and William A Black being

duly sworn in open Court this 16th day of October AD 1869, depose

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

testament of Mary Freshwater of Concord Township hereto annexed;

that we saw said testatrix sign said will and heard her publish &

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

testatrix at the time of executing the same was of full age of sound

mind and memory and not under any restraint, and that we signed

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

of each other William A Black

James Cutler

Sworn to & subscribed before me, in the Probate Court this 16th day

of October Ad 1869 T. W. Powell

Probate Judge


Record of the Last Will of Thomas O'Connor decd


Proceedings had before Hon Thomas W Powell Judge of the

Probate Court in and for the County of Delaware and State of Ohio

at his office in the Court House in the Town of Delaware, on

the 19th day of October AD 1869

Thereupon, towit on the said 19th day of October AD 1869 the

following order was made in the Journal as follows towit:

October 19th 1869

Will and Estate of Thomas O'Connor decd

This day the last and testament of Thomas O'Connor late of East

Delaware deceased, was presented for probate and record.

Thereupon Joseph Haas and Charles H. McElroy the two sub=

scribing witnesses to the said will, came into Court and were

duly sworn and examined and their testimony reduced to

writing annexed to the said will and filed therewith.

And it appearing to the Court that the said will was duly executed

and attested: and that the said testator was of full age of sound

mind and memory & not under any restraint. Thereupon upon

consideration it is ordered that the said will be admitted to probate

and record as duly proved as the last will and testament of the

said Thomas O'Connor deceased, and ordered to be recorded

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 64)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 64)

Description

[page 64]

[corresponds to page 31 of Delaware County Will Records Vol. 5 1869-1876]


31

Record of the Last Will of Thomas O'Connor deceased


as such. Thereupon Daniel Maloney Executor named in the

will came into Court and gave bonds in the sum of $2000 with

Edward Keeffe & Michael Doyle his surities. And the Court

appoint Lawrence Keeffe, Martin Kelleher and John Donnohue

appraisers of the said Estate (Letters issued)

T W Powell

Probate Judge

The following is the record of said will & the proof thereof as

follows towit:-

In the name of the Benevolent Father of All! I Thomas

O'Connor being of sound mind and memory & understanding do hereby

make publish and declare this to be my last will and testament, hereby

revoking all former wills heretofore by me made

First It is my will that all my Just debts charges & expenses be first

paid out of my personal property and the residue of the same I devise

& bequeath to my beloved wife, Excepting the Horses & wagon.

Second I devise my house & Lot on north Street now occupied by

me as a Homestead to my Beloved wife as a home during her

natural life and on her death to my Son John -- and I hereby

declare the above devise and bequest to my Beloved wife to be

in lieu of her Dower.

Third I devise to my Daughter Eliza the four acre tract of

land back of the Fair Grounds in Delaware County Ohio.

Fourth The Lot on Flax Street & back of my Homestead I

devise to my Son James, and it is my will that the ninety dollars

due on the same shall be paid by my wife & son John and shall

be left clear for my son James.

Fifth It is my will that the Horses Harness & wagon shall not be

included in the property to be disposed of for the payment of debts, and

I devise & bequeath the same to my son Michael.

Sixth All the rest of my Real Estate I devise to my three daughters

Mary Margaret & Kate in Equal Shares.

I hereby nominate & appoint Daniel Maloney as

the Executor of this my last will & testament.

In witness whereof I have hereunto set my hand and

Seal this 23rd day of September 1869.

Thomas O'Connor, {seal}

Signed acknowledged & declared by Thomas O'Connor to be his last

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

of each other Joseph Haas

{U.S. Stamp} C.H. McElroy

{$1.00/100 x}

The State of Ohio Delaware County, S.S.

In the matter of the Last Will & testament of Thomas

O'Connor of East Delaware deceased.

We, Joseph Haas & Charles H. McElroy

being duly sworn in open court this 19th day of October AD 1869

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

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 65)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 65)

Description

[page 65]

[corresponds to page 32 of Delaware County Will Records Vol. 5 1869-1876]


32

Record of the Last Will of Thomas O'Connor deceased


Will & testament of Thomas O'Connor of East Delaware, hereto annexed

bearing date 23rd day of September 1869: that we saw said testator sub=

scribe said will, and heard him publish and declare the same to be

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

the same was of full age of sound mind & memory and not under any

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

his presence & in the presence of each other

Joseph Haas

Charles H. McElroy

Sworn to and subscribed before me in the Probate Court, this 19th day of

October AD 1869 T W Powell

Probate Judge


Record of the Last Will of John Sherman deceased


Proceedings had before Hon Thomas W Powell Judge of the

Probate Court in & for the County of Delaware & State of Ohio

at his office in the Court House in the Town of Delaware on the

29th day of November AD 1864.

The following is the order made in the Journal on the said

29th day of November AD 1869 - as follow towit: -

November 29th 1869

Will & Estate of John Sherman decd

This day the last will and testament of John Sherman late of Berlin

Township decd was presented for probate and record: And thereupon

Joel Cleveland and Jacob R Williams the two subscribing witnesses

came into Court and were duly sworn and examined & their testimony

reduced to writing & filed with the will. And it appearing that the will

was duly executed and attested and that the testator at the time of

executing the same was of sound mind & memory & not under any

restraint, it is ordered that the said will be admitted to record as

duly proved to be the last will & testament of the said John Sherman

deceased T W Powell

Probate Judge


The following is the record of said will & proof thereof, as follows towit

In the Name of the Benevolent Father of All!

I John Sherman of the County of Delaware & State of

Ohio do make and publish this my last will & testament.

Item 1st I give and devise to my beloved wife all my property

both real and personal my real Estate consists of the farm on which

I now live containing one hundred and twenty five acres.

The principal property above refered to consists of all the stock -

household goods and chattels which may be on the farm at my decease.

She selling so much of the property real or personal or both as shall

be necessary to pay all my debts the sales to be made at public or

private as she may see proper. After the payment of all my debts

then the property to be kept together & be the home for the family

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 66)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 66)

Description

[page 66]

[corresponds to page 33 of Delaware County Will Records Vol. 5 1869-1876]


33

Record of the Last Will of John Sherman deceased


until my youngest child which is now about Eight years old shall

become of age and then my Entire Estate to be the property of my wife

fosim and I do appoint my wife Executrix of this my last will.

In testimony hereof I have hereunto set my hand and seal this 25th

day of October in the year 1869

John Sherman {seal}

Signed and acknowledged by said John Sherman as his last will &

testament in our presence & signed by us in his presence

{U S Stamps} Joel Cleveland

{$3 00 x} Jacob R Williams

The State of Ohio }

Delaware County SS }

In the matter of the last will & testament of John

Sherman late of Berlin Township in said County, deceased.

We Joel Cleveland and Jacob R Williams

being duly sworn in open Court this 29th day of November AD 1869,

depose and say that we were present at the Execution of the last will &

testament of John Sherman of Berlin Twp in this County, hereto

annexed, bearing date 25th day of October 1869: that we saw said

testator subscribe said will and heard him publish & declare the

same to be his last will & testament, and that the said testator, at the time

of executing the same was of full age of sound mind & memory &

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

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

Joel Cleveland

J R Williams

Sworn to & subscribed before me, in the Probate Court, this 24th day

of November Ad 1869

T W Powell

Probate Judge


Record of the Last Will of Mrs Lucinda Mcallister deceased


Proceedings had before Thomas W Powell Judge of the Probate Court

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

Town of Delaware on the 3rd day of June Ad 1869.

The following is the order made in the Journal on the 21st day of January

AD 1870, the following order was ma

Will and Estate of Lucinda McAllister deceased

On the 3rd day of June last Robert Wilson and Martha J Wilson

appeared in Court and were duly sworn and examined as witnesses

to the last will and testament of Lucinda McAllister decd and their

testimony, reduced to writing, annexed to the will and filed therewith

And the same having been taken under consideration untill now,

and it now appearing to the Court that the said will was duly executed

and attested, and that the said testatrix at the time of executing the same

was of full age, of sound mind & memory & not under any restraint; it

is thereupon ordered that the said will be admitted to probate & record as

duly proved us the last will & testament of Lucinda McAllister deceased

and ordered to be recorded as such T W Powell Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 67)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 67)

Description

[page 67]

[corresponds to page 34 of Delaware County Will Records Vol. 5 1869-1876]


34

Record of the Last Will of Lucinda McAllister deceased

(Record of the Will)

Know all men by these Present,

That I Lucinda McAllister of the

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

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

as follows and first I devise and bequeath to my beloved Daughter

Margaret S McAllister One Thousand Dollars in money to

be paid ^her out of my Estate by my Executor or Administrator as

soon after my decease as he can obtain the money, and the said

Margaret S McAllister is to have all my beds, bedsteads &

beding and all my household and kitchen furniture.

And I devise and bequeath all the residue of my Estate to

be equally divided between my sons Jassey M. Mcallister

Richard F. McAllister and my Grandson John C Gaston.

In testimony whereof I have set my hand and seal

this 10th day of August 1866.

In presents of }

Robert Wilson } Lucinda McAllister {seal}

Martha J Wilson }


The State of Ohio }

Delaware County ss } In the matter of the last will & testament

of Lucinda McAllister late of Berkshire Township in this

County deceased.

We Robert Wilson and Martha J Wilson

being duly sworn in open Court this 9th day of March AD 1869,

depose and say that we were present at the Execution of the last will

and testament of Lucinda McAllister of Berkshire Township hereto

annexed, bearing date 19th day of August 1866: that we saw said

testatrix subscribe said will, and heard her publish & declare the

same to be her last will and testament, and that the said testatrix at

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

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

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

presence of each other

Robert Wilson

Martha J. Wilson

Sworn to & subscribed by said Robert Wilson before me in the

Probate Court this 9th day of March AD 1869 and by said Martha

J Wilson this 3rd day of June AD 1869.

T W Powell

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 68)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 68)

Description

[page 68]

[corresponds to page 35 of Delaware County Will Records Vol. 5 1869-1876]


35

Record of the Last Will of John Ryant deceased

Proceedings had before the Hon Thomas W. Powell, Judge of the

Probate Court within & for the County of Delaware and State of

Ohio; at his office in the Court House in the Town of Delaware

on the 18th day of January AD 1870

The following is the order made in the Journal on the

18th day of January Ad 1870.

Will & Estate of John Ryant decd

This day the last will and testament of John Ryant late of

Berlin Township in this County decd was presented for probate &

record; thereupon Joel Cleveland and David S Hoadley the subscribing

witnesses thereto came into Court & were duly sworn & examined

and their testimony reduced to writing, annexed to the will & filed

therewith; and it thereupon appearing to the Court that the said

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

at the time of executing the same was of full age of sound mind &

memory and not under any restraint; it is therefore ordered that

the said will be admitted to probate and record as duly proved as

the last will and testament of the said John Ryant decd and ordered

to be recorded as such (No letters issued)

T W Powell

Probate Judge

(Record of the said will)

In the name of the Benevolent Father of All!

I John Ryant of

Berlin Township Delaware County Ohio do make & publish

this my last will and testament.

Item 1st. I give and bequeath to my daughter Louisa L Ryant

Fifteen Hundred Dollars

Item 2nd. I give and bequeath to my daughter Loanda A.

Place the sum of Seven Hundred Dollars

Item 3rd. I give and bequeath to my son James C Ryant the sum of

Seven Hundred Dollars.

Item 4th. I give and bequeath to my son John N Ryant the sum

of Seven Hundred Dollars

Item 5th. I give and bequeath to my son Florence L. Ryant, the

sum of One Thousand Dollars.

Item 6th. I give and bequeath to my daughter Lenora I Ryant

the sum of One Thousand Dollars

Item 7th. I give and bequeath to my two Grandchildren Cora L.

White and Charles Levins Ryant son of Levins R Ryant each

one hundred dollars.

All of the above mentioned sums of money to be made out

of the sale of my property both real & personal.

Item 8th. I do hereby nominate and appoint James C. Ryant

Executor of this my last will & testament hereby authorizing

and empowering him to compromise adjust release & discharge

in such manner as he may deem proper the debts & claims due

me. I do also authorize him to sell all of my real Estate either

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 69)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 69)

Description

[page 69]

[corresponds to page 36 of Delaware County Will Records Vol. 5 1869-1876]

36

Record of the Last will of John Ryant deceased


at public or private sale as he may think best, and on such terms

as he may think best - he making deed to purchase in fee --

simple -- I further authorize and empower him to sell in like

manner as above either at public or private sale all my personal

property, except the household goods which shall belong to the house-

at the time of my decease, said household goods to be the property

after my decease of the three heirs which now compose my family

Louisa L Ryant, Lenora I Ryant and Florence L Ryant, and

also provisions sufficient for the use of the family for the space of

one year.

If after all my debts and expenses are paid, and also all the amounts

above bequeathed there should remain in the hands of the Executor

any money belonging to my Estate I desire the same to be equally

divided among all my heirs. If the whole amount should not

be sufficient to meet the several amounts disposed of above,

then subtract in like manner from all.

In testimony hereof I hereunto set my hand and seal

this 12th day of November in year 1869.

John Ryant {seal}

Signed and acknowledged by said John Ryant as his last will

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

{U S Stamp} Joel Cleveland

{$3.00/100 x} D. S. Hoadley

The State of Ohio }

Delaware County, ss. } In the matter of the last will & testament of

John Ryant last of Berlin Township in this County deceased.

We Joel Cleveland and David S Hoadley

being duly sworn in open Court this 18th day of January AD 1870

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

will and testament of John Ryant of Berlin Township hereto

annexed, bearing date 12th day of November 1869, that we saw the

said testator subscribe said will & heard him publish & declare

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

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

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

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

and in the presence of each other

Joel Cleveland

David S Hoadley

Sworn to & subscribed before me in the Probate Court, this 18th

day of January Ad 1870

T W Powell

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 70)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 70)

Description

[page 70]

[corresponds to page 37 of Delaware County Will Records Vol. 5 1869-1876]


37

Record of the Last Will of Frederick Wagoner decd


Proceedings had before Hon thomas W. Powell Judge of the

Probate Court in & for the County of Delaware and State of Ohio;

at his office in the Court House in the Town of Delaware on the 9th of

February AD 1870.

The following is the order made in the Journal on said 9th day

of February AD 1870 as follows towit: -

February 9th 1870

Will & Estate of Frederick Wagoner decd

The last will and testament and the codicils thereto amend

being presented to this Court, of the late Frederick Wagoner decd

of Delaware, for probate and record; and thereupon William

D Heim, Gregory Pfifar, John S Cox, Frederick Kurrley and

James M Crawford witnesses to prove the said will, who being

severally sworn and examined and their testimony reduced

to writing and annexed to the said will. Thereupon it appearing

to the Court that the said will and several Codicils thereto annexed

were duly executed and attested and that the said Frederick Wagoner

at the time of executing the same was of full age of sound mind &

Memory and not under any restraint; It is therefore considered

and ordered that the said will and Codicils be admitted to probate

as the last will and testament of the said Frederick Wagoner decd

and recorded as such.

Thereupon letter testementary were granted to David

Wagner the Executor named in the will, and no bonds are at

present required of him in pursuance of the will.

The Court appoint

Appraisers of the said Estate

T.W. Powell

Probate Judge

(Record of the Will)

In the name of the Benevolent Father of All. Amen!

Frederick Wagoner of the County of Delaware

and State of Ohio being of advanced age but of sound & ^deposing mind and

memory considering the uncertainty of this mortal life, the

certainty of death but the uncertainty of the time thereof do

make and publish this my last will and testament.

Item 1st. After all my Just debts and charges including funeral

expenses are fully paid. I dispose of the following real Estate

as follows towit:

Item 2nd. I give and devise unto my three children viz. Catherine

Woertz wife of Nicholas Woertz, Simeon Frederick Wagoner and

David Wagoner the following real Estate each one undivided

third part thereof in quantity and quality share and share

alike to wit: Seventy Eight acres and one hundred and

thirty four rods lying and being in Brown Township in

Delaware County and State of Ohio being Lot No Twenty,

Section Three Township Five and Range Eighteen USM Land

to have and to hold to them and their heirs and assigns forever.

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 71)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 71)

Description

[page 71]

[corresponds to page 38 of Delaware County Will Records Vol. 5 1869-1876]


38

Record of the last Will of Frederick Wagoner deceased


Item 3rd It is also my will and I so devise that if either of my

said chidlren should die without lawful issue that his or

her share shall go to the remaining or surviving Brother or

Sister as the case may be and to their heirs and assigns.

Item 4th And I do hereby constitute and appoint my trusty

friend Nicholas Woertz my Executor of this my last will &

testament hereby authorizing and empowering him to

compromise, adjust release and discharge in such manner as

he may deem proper the debts and claims due me and I do

also authorize and empower him if it shall become necessary

to pay my debts to sell by private sale or in such manner and

upon such terms of credit or otherwise as they may think proper

all or any part of my real Estate and deeds to purchasers

to execute acknowledge and deliver in fee-simple, and I do

hereby revoke all former wills by me made, and declare

this to be my only and last will.

In testimony whereof I have hereunto set my hand

and seal this 28th day of October in the year of our Lord one

thousand Eight hundred and fifty seven

[illegible] name written in German {seal}

Signed and acknowledged by Frederick Wagoner as his

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

in his presence H.M. Stephen

Jas W Crawford

The State of Ohio }

Delaware County ss } In the Probate Court

James M Crawford being duly sworn

says that he has examined the last will and testament of

Frederick Wagoner decd hereto annexed dated 28th day of

October 1857 and witnessed by James W. Crawford and

Hugh M Stephen (who were father and uncle to this affient

and with whose signatures he was well acquainted and

can say that said signatures to said will are true & genuine.

And further says that said James W & Hugh M are both deceased

Jas M Crawford

Codicil

Be it known that I Frederick Wagoner of Delaware

County Ohio being of sound and disposing mind and

memory, do this day make the following Codicil and

modification of my will, to wit: -

Whereas Nicholas Woertz on or about the 3rd day of

October 1862 was killed on the Rail Road leaving Mary

Wortz and Jacob Frederick Woertz and probably a posthumous

child his heirs; and whereas I Frederick Wagoner in the

life time of said Woertz purchased and paid him for in Lot

57 in East Delaware without taking any Deed or written

instrument therefore and whereas I have sold said Lot

to George Kramer and have given him a written contract

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 72)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 72)

Description

[page 72]

[corresponds to page 39 of Delaware County Will Records Vol. 5 1869-1876]


39

Record of the Last Will of Frederick Wagoner deceased


therefor and have consented that the heirs of said Nicholas Wortz

decd shall release their legal title to him when they come of

age -- Now I will to the heirs of the said Nicholas Woertz the property

and real Estate provided for in my will to which this is a Codicil

upon the Express condition that before they shall be entitled to

receive their proportion that they shall release to said Kramer their

title to said Lot, and make good my Contract of this date to

said Kromer. I hereby appoint George Kromer my son-

in law the Executor of this my last will and testament and desire

him to follow in all respects the provisions of my will the same

as required of my son in law Nicholas Woertz who was my first

Executor who is now deceased. And having full confidence in

said Kromer I desire that Letters testementary issue to him without

his giving Bail as assigned by Law.

In testimony whereof I have hereunto set my hand

and seal this 30th day of October 1862, and have called upon

my friends Charles Sweetser Esquire and John Cox as witnesses

to this Codicil to my will. Frederick Wagoner {seal}

Signed sealed and acknowledge in our presence we being

requested to witness the sum this day and year above written in

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

Charles Sweetser

J.S. Cox

The State of Ohio }

Delaware County,ss } In the matter of the last will & testament

of Frederick Wagoner of Delaware in this County deceased

I John S Cox being duly sworn in open

Court this 9th day of February AD 1870 depose and say that I

was present at the Execution of the last will and testament and

Codicil thereto annexed of Frederick Wagoner of Delaware here=

unto annexed bearing date 20th day of February 1862 that we,

this deponent and Charles Sweetser saw said testator subscribe

said will and heard him publish and declare the same to be

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

of executing the same was of full age of sound mind & memory

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

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

each other, And further says that said Charles Sweetser is deceased

John S Cox

Sworn to & subscribed before me, in the Probate Court, this 9th

day of February AD 1870

T W Powell

Probate Judge

(Codicil 2nd)

Whereas I, Frederick Wagoner of Delaware County Ohio being

of sound and disposing mind and memory, having made and duly

executed my last will and testament in writing bearing date

the 28th day of October AD 1857, as also the Codicil thereto in writing

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 73)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 73)

Description

[page 73]

[corresponds to page 40 of Delaware County Will Records Vol. 5 1869-1876]


40

Record of the Last Will of Frederick Wagoner deceased


bearing date the 30th day of October AD 1862 as above set forth

Now I do declare this present writing to be a second Codicil to my

said will and Codicil above described and direct the same to be

annexed thereto and taken as a part thereof.

And I do hereby devise and bequeath to my wife Louisa --

Wagoner, in lieu of her dower, the Dwellng House & Lot now in our

occupancy being in Lot No 55 in Milo D Pettibone's addition to the

Town of East Delaware, together with all the Household and kitchen

furniture therein contained; except therefrom the Bedstead and

Bedding taken into the house by me, which I hereby give and bequeath

to my son David Wagoner. And that at the death of my said wife

all the property hereby devised or bequeathed to her as aforesaid is to

be equally divided among all my children, Catherine Woertz,

Simeon Frederick Wagoner and David Wagoner. and lastly

that this my present Codicil be annexed to and made part of

my last will & testament with the Codicil thereto made, to all

intents and purposes.

In witness whereof I have hereunto set my hand and seal

this 26th day of February AD 1864

Frederick Wagoner {seal}

Signed sealed & published by the said Frederick Wagoner as &

for a Codicil to be added to and be considered as a part of his last

will and testament with the Codicil thereto annexed in presence of

us who at his request have subscribed our names as witnesses to

the same W D Heim

[illegible signature] written in German

The State of Ohio }

Delaware County, ss. } In the matter of the last will & testament

of Frederick Wagoner of Delaware in this County decd

We Gregory Pfifar and William D Heim

being duly sworn in open Court this 9th day of February

AD 1870 depose and say that we were present at the

execution of the last will and testament ^and codicil of Frederick Wagoner

hereto annexed, bearing date 24th day of February AD 1864;

that we saw said testator subscribe said Codicil & heard him

publish and declare the same to be a part of his last will and

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

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

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

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

other

[illegible signature] Written in German

W D Heim

Sworn to and subscribed before me in the Probate Court, this 9th

day of February AD 1870

T.W. Powell

Probate Judge

Codicil 3rd

Whereas I Frederick Wagoner of Delaware County Ohio

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 74)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 74)

Description

[page 74]

[corresponds to page 41 of Delaware County Will Records Vol. 5 1869-1876]


41

Record of the Last Will of Frederick Wagoner deceased


by the first Codicil to my last will & testament in writing

duly executed bearing date the 30th day of Ocotber 1862, did then

and there appoint as therein stated my son in law George Kronura

the Executor of this my last will and testament. now be it

known, that I the said Frederick Wagoner being desirous of altering

the said Codicil, in respect to said Kromer as Executor, do hereby

revoke the said appointment and do hereby substitute, constitute

and appoint my son David Wagoner to be the Executor of

of the said last will and testament, as also to all the Codicil

to the same made. Also by the Codicil hereby bequeath and

devise, that out of the portion bequeathed to my daughter Cath=

erine Woertz (now intermarried with Christopher Lamann) the

sum of One Hundred Dollars each be paid to each of the children

of Nicholas Woertz now deceased named as follows, to wit, To

Mary E Woertz $100.00, To Jacob F Woertz $100.00 and to Nicholas

Woertz $1000.00 when they severally arrive at lawful age and

during their minority the use of these bequests to go to the

benefit of said Catherine Lamann mother of the said children

herein named. It is further my desire that my son

David Wagoner herein appointed Executor be authorized

to act as such, without any bail being required.

Also I do hereby ratify and confirm my said will

and codicils in every thing, except where the same is

hereby revoked and altered as aforesaid.

In witness whereof I the said Frederick Wagoner

have hereunto to this Codicil set my hand and seal,

this 4th day of December AD 1869.

Frederick Wagoner {seal}

Signed sealed & published by the said Frederick Wagoner as and

for a Codicil to be added to & considered as a part of said last

will & testament in the presence of us, who have subscribed our names

in his presence and at his request as witnesses.

{U.S. Stamp} W D Heim

{$2.50} F Kurrley

The State of Ohio }

Delaware County, ss, } In the matter of the last will & testament

of Frederick Wagoner of Delaware in this County decd

We Frederick Kurrley and William

D. Heim, being duly sworn in open Court this 9th day of

February AD, 1870, depose and say that we were present

at the execution of the last will and Codicil of Frederick

Wagoner decd hereto annexed bearing date 4th day of Dec=

ember 1869; that we saw said testator subscribe said will,

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

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

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

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

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

(over)

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 75)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 75)

Description

[page 75]

[corresponds to page 42 of Delaware County Will Records Vol. 5 1869-1876]


42

Record of the Last Will of Adam Miller deceased


And the said William D Heim says that he is well acquainted with the

signature and hand writing of Charles Sweetser and says he has examined

the signature of said that said Sweetser is now decd

Frederick Kurrley

W D Heim

Sworn to & subscribed before me, in the Probate Court this 9th day

of February AD 1870

T.W. Powell

Probate Judge



Record of the Last Will of Adam Miller deceased


Proceedings had before Hon Thomas W. Powell, Judge

of the Probate Court in & for the County of Delaware and State

of Ohio at his office in the Court House in the Town of Delaware

on the 19th day of February AD 1870.



The following is the Order made in the Journal on the

said 10th day of February AD 1870 as follows, towit:

February 10th 1870

Will and Estate of Adam Miller decd

This day the last will and testament of Adam Miller late of

Delaware decd was presented to the Court for probate & record, thereupon

Earley F Poppleton & Charles H. McElroy the subscribing witnesses

thereto came into Court & were duly sworn & examined and their

testimony reduced to writing, annexed to said will & filed therewith

and it appearing to the Court that the said will was duly executed &

attested & that the testator said Adam Miller was at the time of

executing the same of full age, and of sound mind & memory & not

under any restraint; it is therefore considered & ordered that the said

will be admitted to probate as duly proved as the last will & testament

of said Adam Miller decd & ordered to be recorded as such


T W Powell Probate Judge

(Record of said Will)

In the Name of the Benevolent Father of all,

I Adam Miller of the County of Delaware and

State of Ohio, being of advanced age and knowing the uncertainty

of life the certainty of death and the uncertainty of the time thereof

and being desirous of disposing of my worldly effects while yet

in the flesh and being of sound mind and disposing mind & memory

do hereby make this my last will and testament.

Item First. I will that all my Just debts be first paid out of

my property.

Item Second. I will and bequeath to my son Martin Miller

my pasture lot, being the following described real Estate, Situate

in Delaware Township, Delaware County Ohio & in Range

19 Township 4, Section 2 and part of Lot No 3, in United

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 76)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 76)

Description

[page 76]

[corresponds to page 43 of Delaware County Will Records Vol. 5 1869-1876]


43

Record of the Last Will of Adam Miller deceased


States Military Lands, it being the South half of the following described

tract of 12 acres of land beginning at the NW corner of said Lot No 3.

and running thence Southwardly along said lot line to the NW corner

of a tract of about 64 acres (formerly owned by Jno Sepert) being the

South part of said Lot No 3, and running thence Eastwardly along

said Leperts line to the middle of the Road running to the mouth of Mill

Creek, then North Eastwardly along the middle of said road to the

north line of said Lot No 3, thence westwardly on said line to the place

of beginning, the 1/2 of the above described tract contain 6 acres

Item Third. I will and bequeath to my Grand Daughter Mary

R Miller the sum of One Hundred Dollars, to be paid to her

by my Executor herinafter named out of any money or

credits of which I may die seized.

Item Fourth. I will and bequeath to my Grand Daughter

Emily Francis Miller the sum of One Hundred Dollars

to be paid to her by my Executor hereinafter named out

of any money or credits of which I may die seized.

Item Fifth. I will and bequeath to my Grand Son William

M Miller all the residue of my property real personal

& mixed of which I may die seized.

Item Fifth. I will and bequeath to my Grand Son William

M Miller all the residue of my property real personal

& mixed of which I may die seized or of which I may be in

any way the owner or entitled too

Item Sixth. I do hereby nominate and appoint Martin Miller

the Executor of this my last will & testament

Item Seventh. I do hereby revoke all former wills by me

made and declare this alone to be my last will and

Testament.

In witness whereof I the said Adam Miller hereto

set my Seal and subscribe my name this 16th day of

March AD 1869 Adam Miller {seal}

Signed and acknowledge by said Adam Miller as his

last will & Testament in our presence and signed by us in

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

other the day & year above written

{U s Stamp} E F Poppleton

{$1 00 x} C. H. McElroy

The State of Ohio. }

Delaware County, ss. } In the matter of the last will and

testament of Adam Miller in this County decd

We Earley S Poppleton & Charles

H McElroy being duly sworn in open Court this 10th day

of February AD 1870, depose and say that we were present

at the Execution of the last will & testament of Adam Miller

of Delaware hereto annexed bearing date 16th day of March

1869; that we saw said testator subscribe said will & heard

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

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

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

restraint, and that we signed the same as witnesses in his

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 77)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 77)

Description

[page 77]

[corresponds to page 44 of Delaware County Will Records Vol. 5 1869-1876]


44

Record of the last Will of Maria Meminger deceased,


request on his presence and in the presence of each other

E.F. Poppleton

C.H. McElroy

Sworn to & subscribed before me, in Probate Court, this 19th day of

February AD 1870

T W Powell

Probate Judge


Record of the last will of Maria Meminger decd

Proceedings had before Hon. Benjamin C. Waters Judge of the

Probate Court in & for the County of Delaware in the State of Ohio

at his Office in the Court House in the Town of Delaware on

the 14th day of February A.d. 1870--

The following is the order made in the Journal on the Said

14th day of February A.D. 1870.

Will & Estate of Maria Meminger decd

This day the last will & Testament of Maria Meminger decd late of

Delaware County, was presented to the Court for probate & record.

Thereupon C.N. McElroy & John Sautter, the subscribing witnesses

thereto, came & were duly sworn & examined and their

Testimony reduced to writing, annexed to the will and

filed therewith, and it appearing to the Court that the

said will was duly executed & attested, and that the

testatrix, Maria Meminger was at the time of executing

the same of full age and of sound mind & memory

& not under any restraint. It is therefore considered &

ordered that the said Will be admitted to probate as duly

proved as the last will & testament of the said Maria Mem

inger deceased, and be recorded as such.

B.C. Waters

Probate Judge

(Record of the Will)

In the name of the Benevolent Father of All,

I Maria Meminger of the County of Delaware & State of Ohio

being of sound mind memory & understanding, do hereby

publish and declare this to be my last will & testament

hereby revoking & making null & void all former last

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

& testaments by me heretofore made. My Will is

First- That all of my just debts funeral expenses &

the expenses of the execution of this my last will &

testament, be paid -

The residue of my estate, real & personal I give, desire and

bequeath to my daughter Augusta Witlinger wife of Christ

Witlinger, her heirs, executors & administrators.

And I do nominate & appoint Christ Witlinger husband

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 78)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 78)

Description

[page 78]

[corresponds to page 45 of Delaware County Will Records Vol. 5 1869-1876]


45

Record of the last Will of Maria Meminger deceased,


of said Augusta Witlinger to be my Sole executor of this my last

will & testament. And I do hereby request that my said

executor shall not be required to give bond as such executor.

And I do hereby further request that there shall be no appraise

ment of my property real or personal. In testimony

whereof I the said Maria Meminger have hereunto Subscribed

my hand & Seal this Fifth day of February A.D. 1870.

Maria Meminger {seal}

Signed Sealed and declared by the said Maria Meminger to

be her last will & testament, in presence of us who at her

request and in her presence have subscribed our names as

witnesses thereto in the presence of each other

C. H. McElroy

John Sautter

The State of Ohio Delaware County ss,

In the matter of the last will & testament of Maria Meminger

deceased, We C.H. McElroy and John Sautter being

duly sworn in open Court this 14th day of February AD 1870

depose and say that we were present at the execution of

of the last will and testament of Maria Memniger of

Delaware County This hereunto annexed, bearing date

Fifth day of February 1870: that we saw the said testa

-tor subscribed said will, and her publish and declare

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

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

of full age, and of sound mind and memory, and

not under any restraint, and that we signed the same

as witnesses at her request and in her presence and in

the presence of each other. C. H. McElroy

John Sautter

Sworn to and Subscribed before me, in the Probate

Court, this 14th day of February A.D. 1870.

B.C. Waters, Probate Judge


Record of the last will of Fanny George decd

Proceedings had before Hon. Benjamin C. Waters Judge of

the Probate Court in & for the County of Delaware in the State of Ohio

at his Office in the Court House in the Town of Delaware, on the 26th

day of February A.D. 1870.

The following is the order made in the Journal on the said

26th day of February A.D. 1870.

Will & Estate of Fanny George deced

This day the last will & testament of Fanny George deceased

was presented to the Court for probate and record. Thereupon

Joel Cleveland and Maria Roloson, the subscribing witnesses

thereto came & even duly Sworn & examined & their testimony

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 79)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 79)

Description

[page 79]

[corresponds to page 46 of Delaware County Will Records Vol. 5 1869-1876]


46

Record of the last Will of Fanny George deceased,


reduced to writing & annexed to the will & filed therewith,

and at appearing to the Court that the said will was duly

executed & attested, & that the testatrix Fanny George was at

the time of executing the same of full age and of sound

mind & memory and not under any restraint. It

is therefore considered and ordered that the said will be

admitted to probate as duly proved as the last will and

testament of the said Fanny George deceased, and be

recorded as such. B.C. Waters

Probate Judge

Record of the Will

In the name of the great Father of all, I, Fanny George

do make and publish this my last will and testament.

Item 1st. I give to my sister Chessa Ann Broton of Noble

County, my new black silk dress, and my black

woolen Shawl.

Item 2nd. I desire that all my debts and expenses be paid,

Then there be placed at my husbands and my

own grave a Sett of tomb Stones as near like those that are

now up at the grave of our Son Samuel George, as may be.

Item 3rd. After paying as above I give three fourths of all

the remainder of my property to my daughter

Mary Vining.

Item 4th. I give and bequeath one fourth of my property

to my Son in law, Elam A. Vining.

Item 5th. I do hereby nominate and appoint Joel Cleveland

my executor of this my last will & testament.

authorising and empowering him to compromise, adjust release

and discharge in such manner as he may deem proper

the debts and claims due me and after settling and

paying all my expenses according to the provision of this

will pay the balance of my estate as above disposed of.

In testimony hereof I have hereunto Set my hand

and Seal this 7th day of February in the year 1870 --

Signed and acknowledged } Fanny George {seal}

by said Fanny George as his }

last will & testament in our }

presence, and signed by us in }

her presence - }

Joel Cleveland }

Maria J. Roloson }

The State of Ohio, Delaware County ss,

In the matter of the last will and testament of Fanny

George deceased, we Joel Cleveland and Maria Roloson

being duly Sworn in open Court this 26th day of February

A.D. 1870, depose and Say that we were present at the

execution of the last will and testament of Fanny George

of Berlin Township Delaware County hereunto annexed,
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 80)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 80)

Description

[page 80]

[corresponds to page 47 of Delaware County Will Records Vol. 5 1869-1876]


47

Record of the last will of Elem A. Vining deceased.


bearing date Seventh day of February 1870; that we saw the

said testator subscribe said Will, and heard her publish and

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

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

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

under any restrain, and that we signed the same as

witnesses at her request and in her presence and in the

presence of each other. Maria J. Roloson

Joel Cleveland

Sworn to and Subscribed before me, in the Probate Court,

this 26 . day of February A.D. 1870. B.C. Waters

Probate Judge


Record of the last of Elem A. Vining deceased --

Proceedings had before Hon. Benjamin C. Waters, Judge of the Probate

Court, in & for the County of Delaware in the Town of Delaware, on the 5th day

of March A.D. 1870 --

The following is the order made in the Journal on the

said 5th day of March A.D. 1870 --

Will & Estate of Elem A. Vining deceased -

This day the last will and testament of Elem A. Vining

decd was presented to the Court for Probate & Record. Whereupon

D.C. Mooney & Robert Barber, the Subscribing Witnesses thereto,

came & were duly sworn & examined & their testimony

reduced to writing & annexed to the Will & filed therewith,

& it appearing to the Court, that the said Will was duly ex-

-ecuted & attested, and that the said testator Elem A.

Vining, was at the time of executing the same of full age

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

It is therefore considered and ordered that the said Will

be admitted to probate as duly proved as the last will

& testament of the said Elem A. Vining deceased and

be recorded as such, Also at the same time personally

appeared Mary E. Vining, widow of said Elem A. Vining

to make her election under said Will, and after the Court

had fully advised her of her rights under the will and

the law, She then elected to take under the will and

according to the terms thereof. B.C. Waters Probate Judge


Record of the Will,

In the name of the Benevolent Father of All, I, Elem A. Vining

of the County of Delaware Ohio, being of Sound mind and

memory, do make and publish this my last will and

testament, in manner and form following.

First, I give and devise to my beloved wife Mary E. Vining

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 81)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 81)

Description

[page 81]

[corresponds to page 48 of Delaware County Will Records Vol. 5 1869-1876]


48

Record of the last will of Elem A. Vining deceased


all the household and kitchen Stuff and furniture She

brought to the house when we commenced housekeeping together,

Also one bedstead, one set of chairs, one center table, and the

carpet on the floor in the South room, also one cane bottom

rocking chair, also my top buggy & harness, The same to

her in lieu of her years Support --

2nd It is my will that all the balance of my personal

property and effects be sold at public sale without

appraisement, and all my just debts and expenses be paid

and the balance after putting up a Stone to the head of

my grave as near like the one now up at the head of the grave

of my former wife, Hannah Vining as can be, to be divided

equally between my three daughters Mary May Harriet

Gregg & Caroline E. May.

3rd It is my will that all the real estate I am now possessed

of be sold, and the proceeds be divided as follows, said

real estate being the farm on which I now reside being

in Berlin Township Delaware County Ohio, containing about

one hundred and thirty acres of land.

First my wife shall have fourteen hundred dollars, four

hundred dollars out of the first payment when the farm

is sold, and one thousand dollars in notes from the last

payments on said lands, said notes to be with interest,

And it is my will that my sons William B. Vining, Reuben

D. Vining & Benjmain A. Vining shall each have fourteen

hundred dollars, and the balance after paying costs of

administration etc be divided equally between my three

heretofore named daughters.

4th I hereby constitute and appoint my son Reuben

D. Vining my executor, to carry out this my last

will and testament, and he is hereby authorised to sell

all my personal and real estate at public or private

sale and on such terms as he can secure and

said real Estate without order or authority from Court, and any

in case he should fail to act or settle the same I hereby

authorise my friend John Cuningham to act and

carry out all the foregoing provisions the same as here

to fore named.

I hereby acknowledge the foregoing to be my last

will and testament made and signed this 24th day of

January A.D. 1870.

This instrument was Signed by the } E.A.Vining "seal}

Testator in our presence & signed }

by us in his presence & in the }

presence of each other and }

at his request. }

D. C. Mooney }

Robert Barber }

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 82)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 82)

Description

[page 82]

[corresponds to page 49 of Delaware County Will Records Vol. 5 1869-1876]


49

Record of the last will of John G. Vergon Decd


The State of Ohio, Delaware County, ss,

In the matter of the last will and testament of Elem A. Vi

-ning deceased. We D.C. Mooney and Robert Barber being

duly sworn in open Court this 5th day of March A.D. 1870,

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

last will and testament of Elem A. Vining of Berlin

Township Delaware County hereunto annexed, bearing

date 24th day of January 1870; that we saw the said

testator subscribe said will, and heard him publish

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

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

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

memory, and not under any restraint, and that

we signed the same as witnesses at his request and

in his presence, and in the presence of each other

D.C. Mooney

Robert Barber

Sworn to and subscribed before me, in the Probate Court,

this 5th day of March A.D. 1870. {seal} B.C. Waters

Probate Judge


Record of the last will of John George Vergon decd

Proceedings had before Hon. Benjamin C. Waters Judge of the

Probate Court in & for the County of Delaware in the State of

at his Office in the Court House in the Town of Delaware,

on the 7th day of March A.D. 1870.

This following is the entry made in the Journal on

the said 7th day of March 1870.


Will & Estate of John George Vergen decd

This day the last will & testament of John G. Vergon deceased, was

presented for probate & record. Whereupon C.C. Chamberlain & Henry

J. Eaton the subscribing witnesses thereto, came & were duly

sworn & examined, and their testimony reduced to writing

& annexed to the Will & filed therewith, and it appearing to

the court that the said will was duly executed & attested and

that the said testator John G. Vergon was at the time of ex

-ecuting the same, of full age and of sound mind & memory

& not under any restraint. It is therefore considered & ordered

that the said will be admitted to probate as duly proved, as

the last will & testament of the said John G. Vergon decd

and be recorded as such. And in accordance with the

terms of said Will Frederick P. Vergon was appointed Executor

of the said Will & estate, no bonds, inventory or sale of personal

property being required. Whereupon Letters Testamentary were

issued to said P. Vergon. B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 83)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 83)

Description

[page 83]

[corresponds to page 50 of Delaware County Will Records Vol. 5 1869-1876]


50

Record of the last Will of John G. Vergon deceased


The following is the record of the will & the proof thereof, to wit,

On this Nineteenth day of January in the year of our Lord Eighteen

hundred and Sixty Six. I John George Vergon of the Vicinity

of the town of Delaware, in Delaware County State of Ohio,

do here make & publish this my last will & testament,

hereby revoking all former wills by me made.

Item 1st I give & bequeath to my wife, Elizabeth Vergon, if She shall

out live me, all my household furniture, beds & bedding, the two

cows of which I may be the owner at my decease, which said

personal property I bequeath to her in lieu of the personal prop

erty & allowance for her years support, to which she would

be entitled by law out of my estate were I to make no

will: & I further devise & bequeath to my said wife her dow

-er estate in my real estate, that is to say, I give to her, by this

will, the same interest in my real estate, that she would

by law, were I to make no will.

Item 2nd To my son Frederick Peter Vergon, I give devise & bequeath

absolutely all the residue (Not devised in Item No 1.) of the property

of which I may be the owner, or have my interest in, at my decease,

of whatsoever from or nature said property may then be, whether

personal property, money, notes, accounts, real estate, or in any

other form whatsoever; the real estate in real estate in fee

simple subject only to and charged with the legacies

hereinafter Set forth, & which are to be paid by said Frederick

P. Vergon as Stated in this will out of my said estate so

devised to him as aforesaid; & if I should outlive my

said wife, then said personal property devised to her in

"Item No. 1." I here also give & bequeath to said Frederick

P. Vergon.

Item No 3. To my son George Vergon. I give & bequeath the sum of

sixty dollars, for each & every year from the date of my de-

-cease, he shall remain insane, & for each year for two years after

he shall (if ever) be restored to reason & be capable of taking care

of himself & managing his own affairs & property, said sum

is to be expended by my Executor, said Frederick P. Vergon &

at his discretion, in necessaries for my said son George

commencing at my decease, & continuing as heretofore

hereinbefore stated, & if my said son George should be

fully restored as to his reason. & capable of managing his

own property and business; then it is my will, that, at the

expiration of the period of two years from his restoration to reason

& capability of managing his own property & business said payment

in necessaries of sixty dollars per annum cease, & in lieu thereof

I give & devise to him the gross sum in money of One thousand

dollars, to be paid to him, in case my wife, said Elizabeth

Vergon shall not be living at the expiration of said two years

after said restoration of reason & capability of managing his

own property & business, of four equal annual installments of
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 84)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 84)

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[corresponds to page 51 of Delaware County Will Records Vol. 5 1869-1876]


51

Record of the last will of John G. Vergon deceased


two hundred & fifty dollars each, the first installment to

become due in one year from the expiration of said period of

two years, & the last installment to become due four years

after said expiration of the said period of two years -- (all of

said four installments are to draw interest from the said

expiration of period of two years after restoration to reason, if

said Elizabeth shall not be then leaving.) In case my wife,

the said Elizabeth Vergon, Shall survive me & be Still

living at the expiration of said period of two years from the

restoration of reason to my said son George, then said four

installments, I will, to become due respectively in one year

two years, three years & four years from the death of said

Elizabeth Vergon & to draw interest from the date of her death.

If my said son George shall die without issue surviving, then

it is my will & desire that the payment of said of said install

ments of legacy cease, from and after his death, as to any install

ment or interest on installments not due at the date of his death.

Item No 4 - To my son James Vergon, if he survive me, I give devise

and bequeath the sum of One thousand dollars, to be paid

in four equal annual installments of two hundred and

fifty dollars each. The said installments to become due

respectively - in case I survive my wife said Elizabth

Vergon - in one year - two years - three years & four years from

the date of my decease, & are all to draw interest from that

date, interest of each installments to be paid when the

installment itself becomes due: if however said Elizabeth

Vergon outlives me, then said installments are to be

once due respectively, in one year, two years, three years,

& four years, from the date of her death, & are all to draw

interest from the date of her death interest of each installment

to be paid when that installment becomes due; in either

case, however, if my said son James Shall die without

issue surviving him, then, it is my will and desire, that

the payment of said installments of legacy cease from

& after his death, as to any & all installments (& interest thereon),

not due at the date of his death; & if he leave at his death

child or children of his living, all of whom, decease after

my said son James dies, & before all of said installments

become due, then it is my will, that the payment, as to

any & all installments, (& interest thereon,) not then due

cease at the death of the last of said children so as

aforesaid surviving their father said James Vergon.

Item No. 5th I give devise & bequeath to my daughter Anna Morell,

widow of Peter Morell, the Sum of Five Hundred Dollars

to be paid to her in four equal annual installments

of One hundred and twenty five dollars each the said

installments to become due respectively in one year, two

years, three years & four years after my decease, if I

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 85)

Description

[page 85]

[corresponds to page 52 of Delaware County Will Records Vol. 5 1869-1876]


52

Record of the last will of John G. Vergon deceased.


survive my said wife (with interest in all of said install

-ments from the date of my death to be paid when the installments

themselves become due); provided said Anna Morell shall

have then ceased to reside on the same premises with my said

son, Frederick P. Vergon: if however my wife survive me,

then said installments are to become due, respectively, in

one year, two years, three years & four years from the date

of her death; (with interest on all of said installments

from the date of my said wife's death to be paid when the

installments themselves respectively become due.) provided

my said daughter Anna shall have then ceased to reside

on the same premises, with my said Son Frederick P. Vergon:

if however my said daughter Anna shall wish to continue to re-

-side on the same premises with my said son Frederick P. Vergon

then so long as she shall so continue to reside. I give & devise

to her, to be provided, for her & no one else with her, by my said son

Frederick P. Vergon, on the premises occupied by himself & family,

two rooms of convenient size for her use, all necessary fuel

for her use to be provided ready for use, five rods of ground

convenient for her use & suitable for garden, & also, so long as

she shall so continue to reside, the sum of thirty dollars to be

paid to her by said Frederick P. Vergon, at the expiration of

each & every year from the date of the death of my said wife Eliz

-abeth Vergon, if she survives me; And if I survive my said

wife at the expiration of each & every year from the date of my

death, so long as said Anna shall continue to reside as afore

-said, in the same premises with my son said Frederick P.

Vergon; but if she shall not continue to reside as aforesaid, then

said payment of thirty dollars per annum, is to cease from the

time she ceases to reside on the premises of the said Frederick

P. Vergon; if at the time She shall choose to & does go to reside

some where else than on the premises of said Frederick P.

Vergon, my wife said Elizabeth Vergon is not living, then it

is my will that the aforesaid legacy of five hundred dollars,

be paid to said Anna Morell, in said four equal install

-ments, in one year, two years, three years & four years from

the time She ceases to reside on the premises with my said

son Frederick P. with interest from that time, but if at the

time my said daughter Anna shall cease to reside on the

same premises with my said Son, my wife, said Elizabeth,

shall be still living it is my will that then, said legacy of

five hundred dollars in the installments aforesaid, be paid

to my said daughter Anna in one year, two years, three

years & four years, respectively, from the time of the decease

of my said wife, with interest on all of said installments

from that time. In case said Anna dies without

child or children of her surviving her, before all of said

legacy becomes due, then, I will that her reasonable doctors
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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 86)

Description

[page 86]

[corresponds to page 53 of Delaware County Will Records Vol. 5 1869-1876]


53

Record of the last Will of John G. Vergon deceased.


bills & funeral expenses be paid by said Frederick P. Vergon, but

all further payment of said legacy I desire to cease at her death

without child of hers surviving her. In the last foregoing item,

by "same premises" I mean "same farm" on which Said Freder

ick P. & his family May reside for the time being.

Item No. 6th I give devise & bequeath to my daughter Margaret Burlett,

wife of Peter Burlette, the promisory note executed to me by said

Peter Burlett Ocotber 28th 1846, for one hundred & twenty six dollars

& 18 cents, said note drawing interest from its date, I also

devise to her such further sum as said sum of $126.18 &

interest thereon to the date of my death if I survive my wife,

& if She Survive me, then to the date of the decease of my wife,

shall lack then of amounting to five hundred dollars, which

said sum (to be ascertained as aforesaid). I will and

devise to be paid to my said daughter Margaret in four

equal annual installments in one year, two years, three

years & four years, from the date of my death. (with interest)

(from that time) if I survive my wife; if my wife survive

me, Said installments are to be paid in one year two years,

three years & four years from the decease of my wife (with in

-terest from the date of her decease.)

Item No 7th I constitute and appoint my said Son Frederick P.

Vergon, Executor of this my last will & testament & request

that he be not required to give bond in the execution of this

trust, & that he be not required to make any inventory or

appraisement or sale of my said estate. In testimony

whereof I have hereunto set my hand & seal date herein

before written --

Signed by said John George Vergon } John George Vergon {seal}

in our presence & by us in his presence }

& at his request & acknowledged }

by him then to be his last will }

& testament. }

C.C. Chamberlain }

Henry J. Eaton }

The State of Ohio Delaware County ss,

In the matter of the last will & testament of John G.

Vergon deceased. We C.C. Chamberlain and Henry J. Eaton

being duly sworn in open Court this 7th day of March

A.D. 1870, depose and say that we were present at the

execution of the last will & testament of John G. Vergon

of Delaware Township & County hereunto annexed bearing

date 19th day of January 1866, that we saw the said

testator subscribe said will, and heard him publish

and declare the same to be his last will and testament

and that the said testator at the time of executing the

same was of full age, and of sound mind & memory
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 87)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 87)

Description

[page 87]

[corresponds to page 54 of Delaware County Will Records Vol. 5 1869-1876]


54

Record of the last will of John G. Vergon deceased --


and not under any restraint, and that we signed the

same as witnesses at his request and in his presence and

in the presence of each other.

Henry J. Eaton

C.C. Chamberlain

Sworn to and subscribed before me, in the Probate Court

this 7th day of March A.D. 1870 B.C. Waters

Probate Judge.


Record of the last will of Daniel Thomas deceased


Proceedings had before Hon. Benjamin C. Waters, Judge of the

Probate Court, in and for the County of Delaware in the State

of Ohio at his office in the Court House in the Town of Dela

-ware on the 18th day of March A.D. 1870

The following is the order made in the Journal

on the said 18th day of March A.D. 1870, to wit:

March 18, 1870

Will and estate of Daniel Thomas deceased --

This day the will of the said Daniel Thomas late of Madison

County in the State of Indiana, deceased, as proved and

admitted to record in the office of Clerk of Common Pleas

Court for the said County of Madison in the State of Indiana

on the 28th day of Jany, 1865, and this Court being satisfied

that the said Will relates to real estate in Delaware County

Ohio, is is ordered to be admitted to record & recorded in this

Court & County. B.C. Waters

Probate Judge

(Record of the Will)

I Daniel Thomas of Madison County State of Indiana

do make and publish this my last will & testament

1st I give and bequeath to my beloved wife Laura

E. Thomas Fifteen Hundred Dollars to be paid to

her as soon as my estate is Settled, and should she

at any time marry, I direct that she pay to my

brothers and sisters equally five hundred Dollars

of the Fifteen hundred hereby bequeathed.

2nd I bequeath to my two brothers John and Isaac

Thomas, each one seventh of all the property Real

and personal to have after the payment of the Fifteen

Hundred dollars herein bequeathed to my wife.

3d I give & bequeath to the three children of my

brother Herbert Thomas, to wit, Herbert Thomas

Robert Thomas and Ida Thomas one seventh part of all

my property Real and Personal after the payment of the

Fifteen Hundred to my wife as before Stated,

4th I give and bequeath to my brother Gabriel Thomas

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 88)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 88)

Description

[page 88]

[corresponds to page 55 of Delaware County Will Records Vol. 5 1869-1876]


55

Record of the last will of Daniel Thomas deceased.


one Seventh of all my property Real and personal subject to

the bequest herein to my wife.

5th I give & bequeath to my brother Urial Thomas one

Seventh of all my property Real and personal Subject

to the bequest hereinto my wife.

6th I give and bequeath to my brother John Thomas

One Seventh of all my property Real and personal

Subject to the bequest herein to my wife.

7th I give and devise to my Sister Sarah Thomas one

Seventh of all my property Real and personal Subject

to the bequest to my wife as before.

8th I give and devise to the three children of my Sister

Mary Thomas to wit: Sarah A. Thomas Mary Thomas

and Franky Thomas One Seventh of all my property Real

and personal Subject to the bequest to my wife as before

9th I owe my brother John Thomas Two Hundred

Dollars and it is my will that he be paid the

Said Two Hundred Dollars out of the first money

of my estate. And all the bequests herein are Subject

to said Two Hundred dollars, and my brothers and

Sisters and their Children are to take each their One

Seventh of my property as herein bequeathed after said

Two Hundred dollars are paid.

I also direct that I be buried in a good Metalic coffin

and in Coles Cemetery in Delaware County State of Ohio

by the Side of my Mother, and that all my funeral

expenses be paid out of the first money coming to my

Executor, and all bequests herein are Subject to my funeral

expenses.

I owe Andrew Jackson One Hundred and Sixty

two & 50/100 dollars which is to be paid, and all bequests

herein except funeral expenses are subject to ^the payment of the same.

I also direct that my Executor shall proceed to Sell

my real Estate in the State of Ohio for the purpose of realizing

the Fifteen Hundred dollars herein bequeathed to my wife.

And I also bequeath to my wife the bed and bedding,

bought by me since our marriage, and my Bureau and

She is to keep the things She had when we were married.

I hereby appoint my brother Isaac Thomas Executor of

this my last will and testament.

I give to Ida Thomas my half Sister who lives in Ohio two

dollars. his

Daniel x Thomas {seal}

mark

Signed & sealed by the estator in our presence and signed by

us in his presence and at his request.

W.R. Pierse

N.L. Urickersham

State of Indiana Madison County --

Be it remembered that on the 28th day of January 1865,

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 89)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 89)

Description

[page 89]

[corresponds to page 56 of Delaware County Will Records Vol. 5 1869-1876]


56

Record of the last will of Daniel Thomas deceased --


W.R. Pierse one of the subscribing witnesses to the within

and foregoing last will and testament of Daniel

Thomas late of said County deceased, personally ap

peared before the Clerk of the Court of Common Pleas of

Madison County in the State of Indiana and being duly

sworn by the Clerk of said Court, upon his oath declared

and testified as follows, that is to say: that on the

7th day of Janaury 1865, he saw Daniel Thomas sign

his name to said instrument in writing as and

for his last will and testament, and that this depo

-nent at the same time heard the said Daniel Thomas

declare the said instrument in writing to be his last

will and testament, and that the said instrument

in writing was at the same time at the request of

the said Daniel Thomas and with his consent at

-tested and subscribed by the said W.R. Pierse and

N.L. Wickersham in the presence of the said testator, and

in the presence of each other as subscribing witnesses

thereto, and that the said Daniel Thomas was at the

time of Signing and Subscribing of the said instrument

in writing as aforesaid of full age. (that is more than

twenty one years of age, and of sound and disposing

mind and memory, and not under any coercion

or restraint as the said deponent verily believes

and further deponent says not.

W.R. Pierse

Sworn to and Subscribed by the said W.R. Pierse before

me Joseph Peden, Clerk of said Court at Anderson

on the 28th day of January 1865. In attestation whereof

I have hereunto subscribed my name and affixed the

seal of said Court - Joseph Peden Clerk


State of Indiana Madison County ss,

I Joseph Peden Clerk of the Court of Common Pleas of

Madison County Indiana do hereby certify that the

within, annexed last will and testament of Daniel Thom

as has been duly admitted to probate, and duly proved

by the testimony of W.R. Pierse one of the subscribing wit

-nesses thereto that a complete of said will and of the tes

timony of the said W.R. Pierse in proof thereof has been

by me hereby made and recorded in Book No 2 at Pages

233, 234, 235, of the Record of Wills of said County.

In attestation whereof, I have hereunto subscribed my

name and affixed the seal of said Court at Anderson this

28th day of Janny 1865. Joseph Peden

Clerk Court C. Pleas Madison Co.

Known all men, that we Isaac Thomas and John
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 90)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 90)

Description

[page 90]

[corresponds to page 57 of Delaware County Will Records Vol. 5 1869-1876]


57


Thomas, are bound unto the State of Indiana in the penal

Sum of Two Thousand dollars, for the payment of which

we Jointly and Severally bind ourselves, our heirs Exec

utors and administrators. Sealed and dated

the 28th day of January 1865, The condition

of the above obligation is that if the above bound

Daniel Thomas Shall faithfully discharge the

duties of his trust as Executor of the last will of

Isaac Thomas Sr deceased according to law, then

the above obligation is to be void, else to remain in full

force. Isaac Thomas {seal}

John Thomas {seal}

Approved by me, this 28th day of Janaury 1865.

Joseph Peden

C.C.C.P. Madison County


The State of Indiana Madison County ss,

I Isaac --- swear that I will faithfully discharge

the duties of my trust, as Executor of the last will and

testament of Daniel Thomas deceased according

to law, So help me God. Isaac Thomas

Subscribed and sworn to before me, the 28 day of

January 1865

Joseph Peden

C.C.C.P. Madison County.


I, William C. Fleming Clerk of the Court of Common

Pleas for the County of Madison in the State of Indiana

do hereby certify the annexed to be a true copy of the last

will of Daniel Thomas late of said county deceased,

and of the Certificate of Probate as endorsed thereon. And

Isaac Thomas having duly qualified and given

bond as required by law as executor he is duly author

ized to take upon himself the administration of Such

Estate according to such will.

Witness my hand, and the seal of said Court

this 2nd day of March, 1870 --

{seal} William C. Fleming

C.C.c.P. Madison County
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 91)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 91)

Description

[page 91]

[corresponds to page 58 of Delaware County Will Records Vol. 5 1869-1876]

58

Record of the last Will of the Rev. Evan Evans


Proceedings had before the Hon. Thos W. Powell Judge

of the probate Court of Delaware County Ohio at

his office in the town of Delaware on the 23d day of July

A.D. 1868 towit: July 23d 1868 Will and Estate of Rev. Evan

Evans deceased. This day the will of Evan Evans late

of Radnor Township (deceased, was presented for

Probate and record. Will dated November 19th 1858

and witnessed by Abraham Loyal and G.N. Black

happening that the said Dr. G.H. Black now lives at

Platsmouth, Nebraska Territory the said will was

copied and placed on file and the onjornal was sent

in a commission to Samuel M. Chapman of Plats-

mouth Nebraska Territory to take and report the testimony

and deposition of the said Dr. G.H. Black as

witness to the said will and this matter is continued

to await the return of said Commissioner --

T.W. Powell

Probate Judge

Afterwards towit: on the 26th day of April A.D. 1870

the following proceedings was had before the Hon

B.C. Waters Judge of the Court of Probate in and

for said County of Delaware at his office in said

Town and County on the said 26th day of April A.D. 1870

to wit: Will and Estate of the Rev. Evan Evans

deceased -- This day the last will and testament of

Evan Evans was presented to this Court for record

the same having been Probated by the Hon. T.W. Powell

late Judge of this Court but has never been recorded

as of record shown the testimony of the will annexed

showing that one of the subscribing witnesses thereto

towit: Abraham Lloyd who was duly sworn and Ex

amined by the Court and his testimony reduced

to writing and annexed to the will and filed therewith

on the 24th day of November A.D. 1868 and the other witnesses

thereunto G.H. Black who was living in the state of

Nebraska and on the 23 day of July A.D. 1868 a Com-

mission was issued to Samuel M. Champman to take

the testimony of the said G.H. Black which was

afterward to wit: in August 1868 returned with the

deposition of the Said G.H. Black annexed as follows--

The said subscribing witness as aforesaid came

personally before me and who being by my first duly

sworn according to law did depose and say

that the said G.H. Black was witness to the said will

together with the said Abraham Loyd at Radnor

Township aforesaid at the date of the will to wit: the

19th day of November 1858 which will is now before

him and hereto annexed that they were present at
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 92)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 92)

Description

[page 92]

[corresponds to page 59 of Delaware County Will Records Vol. 5 1869-1876]


59

Record of the Last Will of the Rev. Evan Evans


the making of said will hereunto attached marked

(a) and at the request of the deceased subscribed their

names to said will as witnesses in the presence of the decd

and of each other and that they saw the said Evan

Evans deceased sign and seal said will and heard

him acknowledge the same to be his last will and

testament. That the said Evan Evans deceased at the

time of making signing and sealing of said last

will and testament was of legal age and of sound

mind and memory and under no under restraint

whatsoever.

It is therefore considered and ordered that the said

will be and is admitted to Probate as duly proved as

the last Will and testament of the said Rev. Evan Evans

deceased and that it be seconded as such


B.C. Waters

Probate Judge

(A)

(Copy of the Will)

In the name of the Benevolent Father of All--

I Evan Evans of the Township of

Radnor State of Ohio do ^make and publish this my last

Will and Testament. I give and devise to my beloved wife

the house and land that is fence in and all the

other buildings on the said land together with all

the houshold goods, furniture, provision and other

goods and chattels which may be there at the time of

my decease during her natural life. also all the

notes in my possesion I give to my wife and she is

to divide all the above mentioned property among

the children as she thinks best. I appoint my wife

Executrix of this my last will and Testament.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal this 19th day of Nov. A.D. 1858.

Evan Evans {seal}

Signed and acknowledged by Evan Evans as

his last will and Testament, in our presence; and

signed by us in his presence.

Abraham Loyd

G.H. Black

State of Ohio }

Delaware County } ss

In the matter of the last will

and Testament of Evan Evans late of Radnor decd

I, Abraham Loyd being duly sworn in open Court this

24th day of Nov. A.D. 1868 depose and say, that we this deponent

and Dr. G.H. Black were present at the Execution of the

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 93)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 93)

Description

[page 93]

[corresponds to page 60 of Delaware County Will Records Vol. 5 1869-1876]


60

Record of the last Will of the Rev. Evan Evans -


Last will and testament Evan Evans of Radnor

in this County hereunto annexed; that we saw the

said testator subscribe said will and heard him

publish and declare the same to be his last will

and testament, and that the said testator at the time

of executing the same was of full age and of sound

mind and memory, and not under any restraint and

that we signed the same as witnesses at his request &

in his presence and in the presence of each other.

Abraham Lloyd {seal}

Sworn to and subscribed before in the Probate

Court this 24th day of Nov.

T.W. Powell

Probate Judge


Commissiion.

to take testimony of Witness to will -

State of Ohio }

Delaware County } ss

To Samuel M. Chapman greeting

Know ye, That we, in confidence of your prudence

and fidelity, have appointed you and by these presents

do give you full power and authority to examine and

take the deposition of Dr. G.H. Black late of Radnor in

this County subscribing witness to the last will and

testament of Rev. Evan Evans hereto annexed, late of

the County of Delaware in the State of Ohio, deceased

and therefore we command you, that at certain days &

places appointed by you, you cause the said G.H.

Black to be brought before you and then and there

examine him on oath or affirmation first taken before

you touching the due execution of said will of said Evan

Evans, and that you reduce such examination to writing and

return the same together with this commission and the will

of the said Evan Evans hereto annexed, closed up under

your seal into our said Probate Court with all con-

venient speed.

In Testimony whereof I, Thomas W. Powell

Judge of the said Court have hereunto set my hand

and affixed the seal of said Court at Delaware Ohio

this 23d day of July A.D. 1868

T.W. Powell

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 94)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 94)

Description

[page 94]

[corresponds to page 61 of Delaware County Will Records Vol. 5 1869-1876]


61

Record of the last Will of the Rev. Evan Evans


In the matter of the last Will and Testament of Evan

Evans, late of Delhi in Radnor Township Delaware County

deceased. I, Samuel W. Chapman the Commissioner appointed

and commissioned by the Judge of the Probate Court of

the County of Delaware, in the State of Ohio, to take the

testimony of Dr. G.H. Black the subscribing witness of

the last will and testament of Evan Evans of Radnor

Township deceased - late a resident of said County of

Delaware in the State of Ohio which commissiion and

the said will are annexed hereto, I do hereby certify that

in persuance of said Commission I caused the said

G.H. Black, said subscribing witness as aforesaid to

come personally before me, who being by me first duly

sworn according to law, to speak the truth, the whole truth

and nothing but the truth, concerning and in relation

to the Execution of said will, depose and say that the said

G.H Black was witness to the said Will together with

Abraham Lloyd at Radnor Township aforesaid at the date

of the Will to wit the 19th day of November 1858 which will

is now before him and hereto annexed, that they were

present at the making of the said will hereto attached

marked ("A") and at the request of the deceased, sub-

scribed then names to said Will as witnesses in the

presence of the deceased and of each other; that they

saw the said Evan Evans, deceased sign and seal

said Will and heard him acknowledge the same to

be his last Will and Testament; that the said Evan

Evans deceased was at the time of making signing

and sealing said last Will and Testament of legal

age and of sound mind and memory and

under no undue or unlawful restraint whatsoever.

G.H. Black

I Samuel M. Chapman commissioner named

in the annexed commissiion do further testify that

the said testimony was given in my presence & read in

the prersence of said witness and subscribed by said

witness in my presence on this 29th day of July A.D. 1868

In Testimony whereof I have hereunto set my hand

and seal notarial Platsmouth City Nebraska this 29th

day of July A.D. 1868 -

Samuel M. Chapman

Commissioner

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 95)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 95)

Description

[page 95]

[corresponds to page 62 of Delaware County Will Records Vol. 5 1869-1876]


62

Record of the last Will of May J. Evans deceased.


Proceedings had before B.C. Waters Judge of the Probate

Court within an for the County of Delaware and State of

Ohio, at his office in the Town of Delaware on the 26 day of AD 1870

The following is the order made in the Journal on

the said 26th day of April AD 1870 towit:

Will and estate of Mary J. Evans deceased --

This day the last Will and testament of Mary J. Evans was presented

for probate and record whereupon Evan B. Jones one of the subscribing

witnesses thereto came into Court and was duly sworn and

examined and his testimony reduced to writing and annexed to

the Will and filed therewith, and it appearing to the Court that Benj

Williams the other subscribing witness thereto lives in Columbus Ohio

and this matter is continued in order to procure testimoney.

Afterward towit on the 2nd day of may A.D. 1870 a

commission was issued on the to John M. Pugh to take the

testimony of the said Benjamin Williams which was afterward

returned with the testimony thereto attached and the said Will is

therefore admitted to probate and record.

B.C. Waters

Probate Judge

The following is a copy of said will and proof thereof --

In the name of God, anew, I, Mary J. Evans Culier of Rev.

Evan Evans, being in perfect health of body and of perfect

mind and memory do make and ordain this my last will and

testament:

I do give and bequeath to my daughters Mary Ann

and Catherine Elizabeth the house and lots located in the village of

Del Ohio with all the goods, furniture, buildings and chattles belonging

thereto; also all notes, bonds, mortgages and monies which may be

held by me at the time of my decease, all the said property to

be divided equally between them under the direction of my Executors.

Furthermore I do constitute, make and ordain my sons

John G. Evans and Edward P. Evans take the execution of this

my last will and testament. and I do hereby utterly disallow

evoke and disarmed the and every other former Testaments, Wills

Legacies, Bequests and Executors by me in any way before named

willed and bequeathed: ratifying ^& confirming this and no other to be my

last will and Testament. in witness whereof I have hereunto set

my hand and seal this 11th day of September A.D. 1865.

Mary J. Evans {seal}

Signed, sealed, published, pronounced, and declared by the

said Mary Evans as her last Will and Testament in the presence

of us, who in her presence and in the presence of each other have

hereunto subscribed our names.

Beny Williams

Evan B. Jones
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 96)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 96)

Description

[page 96]

[corresponds to page 63 of Delaware County Will Records Vol. 5 1869-1876]


63

Record of the last Will of Mary J. Evans, deceased.


The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Mary J. Evans, Late of Radnor Township, deceased.

I Evan B Jones being duly sworn in

open Court this 25th day of April A.D. 1870 depose and say that I was

present at the execution of the last Will and testament of Mary J. Evans

of Radnor Township Delaware County hereunto annexed bearing

date 11th day of April A.D. 1865: that I saw the said testator subscribe

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

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

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

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

her request and in her presence and in the presence of Benj Williams

also a subscribing witness.

E.B. Jones.

Sworn to and subscribed before me, in the Probate Court this

25th day of April A.D. 1870.

B.C. Waters

Probate Judge

Commission.

The State of Ohio }

Delaware County ss }

Dr. John M. Pugh greeting:

Know ye that we in confidence of your prudence and

fidelity, have appointd you and by these presents do give you

full power and authority to examaning and take the deposition

of Benjamin Williams late of Radnor Township Delaware

County Ohio, subscribing witness to the last will and testament of Mary

J. Evans, hereunto annexed, late of the County of Delaware in the

State of Ohio deceased, and therefore we command you that

at certain days and places appointed by you. You cause the said

Benjmain Williams to be brought before you, and then and

there examined in an oath or affirmation first taken before you

touching the due execution of said will of the said Mary J Evans

and that you reduce such examination to writing, and taken

the same together with this commission and the will of the said

Mary J. Evans thereunto annexed. Closed up under your seal

into our ^said Probate Court with all convenient speed.

In testimony whereof I B.C. Waters Judge of the

said Court, at Delaware this 2nd day of May A.D. 1870.

B.C. Waters

Probate Judge.

The State of Ohio }

Delaware County ss }

I, Benj Williams being duly sworn in

open Court this 9th day of May A.D. 1870 depose and say
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 97)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 97)

Description

[page 97]

[corresponds to page 64 of Delaware County Will Records Vol. 5 1869-1876]


64

Record of the last Will of Mary J. Evans deceased.

that I was present at the execution of the last Will and

Testament of Mary J. Evans deceased hereunto annexed.

That I saw Mary J. Evans said testatrix subscribe said will

and heard her publish and declare the same to be her last Will

and Testament: and that the said Mary J. Evans at the

time of executing said will was of full age and of sound

mind and memory and not under any restraint; and that

I signed the same as a witness at her request, and in her

presence and in the presence of Evan B. Jones.

Sworn to and subscribed in open Court the day and year

first above written. Benj Williams.

John M. Pugh

Probate Judge.


Record of the last Will of Lucy R. Andress deceased.


Proceedings had before B.C. Waters Judge of the Probate Court

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

his office in the Town of Delaware on the 7th day of May A.D. 1870.

The following order was made in the Journal on the

7th day of May A.D. 1870 towit:

This day the last will and testament of Lucy

R. Andress deceased was presented for probate and record whereupon

Walter T. Watson and William H Case the subscribing witnesses thereto

came into Court and being duly sworn and examined and their

testimony reduced to writing and annexed to the will and filed

therewith; and it appearing to the Court that the said will was duly

executed and attested and that the testator was of full age and

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

is therefore considered and ordered that the said will be admitted

to probate and record as duly proved as the last will and

testament of Lucy R. Andress deceased. Also at the same

time came Samuel Stout executor as named in said will and

took out letters as Executor: letters issued.

B.C. Waters

Probate Judge

The following is a copy of said will and proof.

In the name of the Benevolent Father of All.

I Lucy R. Andress of the County of

Delaware and State of Ohio do make and publish this my

last Will and testament.

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

Just debts be fully paid.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 98)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 98)

Description

[page 98]

[corresponds to page 65 of Delaware County Will Records Vol. 5 1869-1876]


65

Record of the Last Will and Testament of Lucy R. Andress, decd

2d I give devise and bequeath to Samuel Stout the farm on

which we now reside situate in Concord and Liberty Townships

Delaware County Ohio, together will all the live stock, Horses

Cattle, Sheep, Hogs, Farming tools, Hay, Grain, Household goods and

all my property of every description real and personal signed, by

me, unto the said Samuel Stout his heirs and assigns forever.

3d I desire that the said Samuel Stout be appointed Executor that

no bond be required of him, and that no appraisement of

of my property be made.

4th I hereby revoke and annul all former wills by me made

and ratify and confirm this and no other to be my last will

and testament.

In testimony whereof I have hereunto set my hand

and seal this 16th day of January A.D. 1868.

Luch R. Andress {seal}

Signed published and declared by the above named

Lucy R. Andress as her last Will and testament, in presence of

us, who at her request, and in the presence of each other have

signed as witnesses to the same.

{US Stamp} Walter T. Watson

{$3.00} William H. Case

The State of Ohio }

Delaware County ss }

In the matter of the last will and

testament of Lucy R. Andress deceased.

We Walter T. Watson and

William H. Case being duly sworn in open court this 7th

day of May A.D. 1870 depose and say that we were present

at the execution of the last will and testament of Lucy R. Andress

of Delaware County hereunto annexed bearing date 16th day

of January A.D. 1868; that we saw said testator subscribe

said will, and heard her publish and declare the same to be her

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

of executing said will was of full age and of sound mind

and memory and under no restraint, and that we signed

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

in the presence of each other.

W.T. Watson

William H Case.

Sworn to and subscribed before me, in the Probate Court

this 7th day of May A.D. 1870.

B.C. Waters

Probate Judge.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 99)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 99)

Description

[page 99]

[corresponds to page 66 of Delaware County Will Records Vol. 5 1869-1876]


66

Record of the Last Will of John Bebb deceased .

Proceedings had before B.C. Waters Judge in and for the

County of Delaware State of Ohio on the 12th day of May

A.D. 1870 at his office in the Court House in the Town of Delaware

The following is the order made in the Journal on the

12th day of May A.D. 1870.

Will and estate of John Bebb deceased.

This day the last will and testaments of John Bebb deceased late

of Delaware County was presented to the Court for probate and

record. Thereupon John B. Jones and William Watkins the sub-

scribing witnesses thereto came into Court and were duly sworn and

examined and their testimony reduced to writing and annexed to the

will and filed therewith; and it appearing to the Court that said

will was duly executed and attested and that the testator John Bebb

was at the time of executing said will was of full age and sound

memory and not under any restraint.

It is therefore considered and ordered that the said will be

admitted to probate as duly proved as the last will and testament

of John Bebb deceased and be recorded as such. Letters testamentary

issued to Watkins named in the will bond give and accepted and

John B. Jones, William Watkins and David G. Edwards were appointed

as appraisers.

B.C. Waters

Probate Judge

(the Will)

In the name of the Benevolent Father of All.

John Bebb of Delhi Radnor Township

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

testament.

Item 1st All my just debts and funeral expenses to be paid first.

Item 2d My wish is that after my death all my property be equally

divided between viz: John, Mary, Thomas Cowdale and Jane Maine

and John Watkins Columbus Ohio.

Item 3d I do hereby nominate and appoint said John Watkins

executor of this my last Will and testament.

I do hereby revoke all former wills by me made

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

30th day of March A.D. 1870. his

John x Bebb {seal}

mark

Signed and acknowledge by said John Bebb as his last

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

John B. Jones.

William Watkins.

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of John Bebb of Radnor Township deceased

We John B. Jones and William Watkins being

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 100)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 100)

Description

[page 100]

[corresponds to page 67 of Delaware County Will Records Vol. 5 1869-1876]


67

Record of the Last Will of John Bebb deceased --



duly sworn in open Court this 12th day of May A.D. 1870, depose and

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

of John Bebb of Radnor Township Delaware County hereunto annexed

bearing date 30th day of March A.D. 1870; that we said the said testator

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

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

as witnesses at his request and in his presence, and in the presence of each

other.

John B. Jones

William Watkins


Sworn to and subscribed before me, in the Probate Court, this 12th

day of May.

B.C. Waters

Probate Judge


Record of the Last Will of Thomas Jones deceased


Proceedings had before the Hon B.C. Waters Judge

of the Probate Court in and for the County of Delaware Ohio

State of Ohio on the 24th day of April AD 1870 at his office in the

Court House in the Town of Delaware

The following is the order made in the Journal

on the 14th day of April 1870.

Will and estate of Thomas Jones deceased.

This day the will of Thos Jones late of Oxford Township was presented

for probate and record - will dated Aug 15th AD. 1864 and witnessed

by J.M. Carnes and Erasmus D. Comer it appearing that the said

Erasmus D. Comer at New haven Allen County Indiana the said

will was copied and placed on file and the original was sent in a

Commission to Allen H. Dougal Notary Public at New Haven Allan

County Indiana to take and report the testimony and deposition of

of the said Erasmus D. Comer as witness of to the said will
and this matter

is continued to a [illegible] the return of said commission on the 24th day

of May the said commission was returned with the testimony attached

thereto Thereupon the said will is admitted to probate and record as

duly proved. B.C. Waters

Probate Judge.

The Will and testimony thereto.

In the name of the Benevolent Father of All. I Thomas Jones

of Ashley Delaware County Ohio do make and publish this

my last will and testament.

First - it is my will that my just debts and all charges be

paid out of my estate.

Second - I give and devise all the residue of estate to Elizabeth

C. Jones, my wife, to be to her, and to her disposal, except $500 to

my son James W. Jones.

Third - I make and appoint the said Elizabeth C. Jones executrix -

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 101)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 101)

Description

[page 101]

[corresponds to page 68 of Delaware County Will Records Vol. 5 1869-1876]


68

Record of the Last Will of Thos Jones decd

of this my last will and testament.

In testimony whereof I have hereunto set my

hand and seal this 15th day of August AD 1864.

Thomas Jones {seal}

Signed and acknowledged by said Thomas Jones as his last will and

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

Erasmus D. Cormer

J.M. Cormer

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Thomas Jones of Oxford Township deceased, I J M. Cormer

being duly sworn in open Court this 14th day of April AD 1870

depose and say that I was present at the execution of the last will

and testament of Thomas Jones of Oxford Township Delaware County

hereunto annexed, bearing date 15th day of August AD 1870 that I saw

the said testator subscribe said will and heard him publish and

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

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

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

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

and in the presence of Erasmus D Cormer.

J. Cormer

Sworn to and subscribed before me, in the Probate Court, this 14th

day of April AD. 1870. B.C. Waters

Probate Judge.

Commission to take testimony of witness to will

The State of Ohio }

Delaware County ss }

To Allen H. Dougal

Greeting:

Know ye, That we in confidence of your prudence and fidelity

have appointed you and by these presents do give you full power

and authority to examine and take the deposition of Erasmus D. Cormer

late of Oxford Township Delaware County Ohio subscribing witness to

the last will and testament of Thomas Jones hereunto annexed, late

of the County of Delaware, in the State of Ohio, deceased, and

therefore we command you that at certain days and places appointed

by you, you cause the said Erasmus D Cormer, to brought before

you and then and there to examine him on oath or affirmation first

taken before you touching the due execution of said will of

the said Thomas Jones, and that you reduce such examination to

writing and return the same together with this commission, and the

Will of said Thomas Jones thereto annexed, closed up under your seal

into our said Probate Court with all convenient space.

In testimony whereof I B C Waters Judge of the said

Court, have hereunto set my hand and affixed the seal of said

Court at Delaware this 13th day of May AD. 1870 -- B C Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 102)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 102)

Description

[page 102]

[corresponds to page 69 of Delaware County Will Records Vol. 5 1869-1876]


69

Record of the Last Will of Thomas Jones deceased.

Testimony of witness to will

In the matter of the Last Will and Testament

of Thomas Jones deceased:

I Allen H Dougall duly appointed and com-

missioned by the Judge of the Probate Court of the County of Delaware

in the State of Ohio to take the testimony of Erasmus D. Cormer late of Oxford

Township Delware County, the subscribing witness of the last will

and Testament of Thomas Jones decease; late a resident of said

County of Delaware in the State of Ohio, which commission and the

said Will are hereunto annexed. I do hereby certify that in pursuance

of said Commission I caused the said Erasmus D. Cormer, said

subscribing witness as aforesaid, to come personally before me

at my office in the Town of New Haven, Allen County, and State of Indiana

who being by me first duly sworn according to law, to speak the truth

the whole truth and nothing but the truth, concerning and in relation

to the execution of said Will, depose and say, that on the 15th day of

August AD 1864 in Ashley Oxford Township, Delaware County State

of Ohio, that he was present at the making of said will hereunto attached marked

"A" and at the request of the deceased subscribed his name to said will as

witness in the presence of deceased and in the presence of the other witness

that saw the said Thomas Jones deceased sign and seal said will

and heard him acknowledge the same to be his last will and testament;

that the said Thomas Jones deceased was at the time of making, signing and

sealing said rider will and testament, of legal age and of sound

mind and memory, and under no undue or unlawful restraint

whatsoever. Erasmus D. Cormer.

I Allen H Dougall do further testify that the said testimony

was reduced to writing by myself at my office in the town of New Haven

Allen County Indiana, in the presence of said witness, and subscribed by

said witness in my presence, on the Eighteenth day of May AD 1870.

In testimony whereof I have hereunto affixed my Notorial seal

and set my hand this 18th day of May AD 1870.

Allen H. Dougall

Commission and Notary Public.

_________________________________________________________________________



Record of the Last Will of Chas. C. Janes deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

office in the Town of Delaware and in the Court House on the 19th

day of May AD 1870

The following is the order made with Journal on

the 19th day of May AD 1870, towit:

This day the last will and testament of Charles C Janes was presented for

probate and record. Whereupon Joel Cleveland and Vinal Steward

the subscribing witnesses thereto came in and were duly sworn and

fully examined and their testimony reduced to writing and

annexed to the Will and filed therewith. And it appearing to the

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 103)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 103)

Description

[page 103]

[corresponds to page 70 of Delaware County Will Records Vol. 5 1869-1876]


70

Record of the Last Will of Charles C. Janes decd


Court that said will was duly executed and attested and that

the said testator Charles C. Janes at the time of executing said will was

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

any restraint; it is therefore considered and ordered that the said will

be admitted to probate as duly proved as the last will and testament

of Charles C. Janes deceased and be recorded as such.

B.C. Waters

Probate Judge

The following is a record of the will and proof thereof as follows towit:

In the name of the Benevolent Father of all, I, Charles C.

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

Item 1st I give and bequeath to my beloved wife all my property

both real and personal that shall belong to my estate after the

settlement of all my affairs and payment of all lawful debts and

claims against me.

Item 2nd I do hereby nominate and appoint Lizzie J Janes my wife

executrix of this my last will and testament hereby authorizing and

empowering her to compromise and adjust, release and discharge

in such a manner as she may deem proper the debts and claims due me

I do also authorize and empower her to sell any or all the property be

longing my estate as she may think proper.

In testimony hereof I have hereunto set my hand and seal this 3d

day of February AD 1870. C.C. Janes

Signed and acknowledged by said Charles C. Janes as his last

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

Joel Cleveland

Vinal Steward

The State of Ohio }

Delaware County ss }

In the matter of the ^last will and testament of CC

James deceased

We Joel Cleveland and Vinal Steward being duly

sworn in open Court this 19th day of May AD 1870, depose and and

say that we were present at the execution of the last will and tes-

tament of Chas. C. Janes of Berlin Township Delaware County hereunto

annexed, bearing date 3d day of February 1870. that we saw said

testator subscribe said will, and heard him publish and declare

the same to be his last will and testament, and that the said testator at

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

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

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

of each other. Joel Cleveland

Vinal Steward

Sworn to and subscribed before me, in the Probate Court this

19th day of May AD 1870.

B.C. Waters

Probate Judge.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 104)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 104)

Description

[page 104]

[corresponds to page 71 of Delaware County Will Records Vol. 5 1869-1876]


71

Record of the Last Will of James H. Gaston deceased


Proceedings had before the Hon. B.C. Waters Judge of the Probate

Court in and for the County of Delaware and the State of Ohio at

his office in the Court House in Delaware on the 19th day of May

AD 1870.

The following order was made in the Journal as follows to wit

on the 19th day of May AD 1870.

This day the last will and testament of James H. Gaston deceased

was presented for record and probate whereupon Jacob Sheets and

W H Maxwell the subscribing witness thereto came into Court and being

duly sworn were fully examined and their testimony reduced to writing

and annexed to the will and filed therewith and it appearing to the

Court that said Will was duly executed and attested and that at

the time of executing said will ^said testator was of full age and of sound

mind and memory and not under any restraint; it is therefore con-

sidered and ordered that the said will be admitted to probate as

duly proved as the last will and testament of James H. Gaston

deceased and be recorded as such.

B C Waters

Probate Judge.

The following is a copy of the Will and testimony thereof towit:

In the name of the Hold Father of all Amen: I James

H. Gaston of the County of Delaware and State of Ohio do make

and publish this my last Will and testament in manner and form

following:

First. It is my will that my funeral expenses be paid out

of my moneys that may be on hand at the time of my decease.

Second. I give and bequeath to my beloved wife Mary E. Gaston

my personal property and also my real estate as follows: consisting

of the Homestead on which I now reside: also fifty three acres of Lot 14 Section

2 Township 5 Range 17 and the undivided one third of lot no 9

Section 1 Township 5 Range 17 to be hers her heirs and assigns

forever, and the said Mary E. Gaston and the said Mary E Gaston

shall be liable and held responsible for all debts contracts and

agreements which I shall leave unsettled and also that she be

made responsible for the maintanance and education of my

infant son Everet M. Gaston.

In testimony whereof I have hereunto set

my hand and seal this 20th day of July A.D. 1869

J. H. Gaston {Seal}

signed published and declared by the above named

James H. Gaston as his last Will and testament in presence

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

J. Sheets

W. H. Maxwell

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 105)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 105)

Description

[page 105]

[corresponds to labeled page 72 of Will Records Vol. 5 1869-1876]


72

Record of the Last Will of James H. Gaston dec'd

The State of Ohio

Delaware County SS

In the matter of the last will and testament

of James H. Gaston of Kingston Township Delaware County

deceased

We Jacob Sheets and W. H. Maxwell being duly

sworn in open Court this 19th day of May A.D. 1870 depose and

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

testament of James H. Gaston of Kingston Township Delaware

County hereunto annexed, bearing date 20th day of July 1869;

that we saw the said testator subscribe said will and heard

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

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

of full age and of sound mind and memory and under

not any restraint, and that we signed the same as witnesses at his

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

J. Sheets

W. H. Maxwell

Sworn to and subscribed before me in the Probate Court, this 19th

day of May A.D. 1870 B C Waters

Probate Judge

________________________________________________

Record of the Last Will of Joseph Potter deceased.

Proceedings had before the Hon B C Waters Judge of the Probate

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

in the Court House in the Town of Delaware on the 27th day of May A.D.

1870.

And afterward on the 27th day of May A.D. 1870 an order was made

in the Journal as follows to wit:

This day the last will and testament of Joseph Potter deceased was

presented for probate and record Whereupon Josiah Lott and Nelson

Taylor the subscribing witnesses then came and were duly sworn and

examined and their testimony reduced to writing and annexed to the

will and filed therewith: and it appearing to the Court that the said will

was duly executed and attested and that the said testator Joseph

Potter at the time of executing said will was of full age and of sound

mind and memory and not under any restraint, it is therefore considered

and ordered that the said will be admitted to probate and record as

the last will and testament of the said Joseph Potter and be recorded as

such. Thereupon Nelson Taylor executor named in the will gave bond

in the sum of $3000 with Josiah Lott and Tho Jaynes as his sureties,

bond accepted and letters issued

B C Waters

Probate Judge.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 106)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 106)

Description

[page 106]

[corresponds to labeled page 73 of Will Records Vol. 5 1869-1876]


73

Record of the Last Will of Joseph Potter deceased -


The following is a record of said will to wit:


In the name of God the Benevolent Father of All. I, Joseph

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

my last will and testament.


Item 1st I will that my funeral expenses and all my debts be paid out of

my effects and property.


Item 2nd I give and bequeath to the American Board of Foreign Missions

instituted in the City of New York the sum of one thousand dollars to be

applied to the charitable use and purpose of said Board.

Item 3rd I give and bequeath to my daughter Zerua P. Jaynes one lot

of land known as the Maxwell lot of land lying in Kingston Township

Delaware County and State of Ohio to have and hold them her lifetime

and at the death of my daughter Zerua P. Jaynes that property above men-

tioned to go to her heirs.

Item 4th I give and bequeath to my daughter Zerua P. Jaynes

one half of a lot of land known as the Taylor lot of land lying in

Kingston Township Delaware County Ohio, to have and hold the same.

Item 5th - I give and bequeath to my daughter Ann P. Scott the

balance of my lands now owned by me all in Kingston Township

Delaware County and State of Ohio.

Item 6th - It is my will that my stock and my farming utensils

shall be sold without apraisement by the executor hereafter mentioned

and the proceeds thereof after paying my debts aforesaid with necesssary

costs and expenses to be equally divided between my said daughters.

Item 7th - If there is not sufficient personal property to pay my

debts it is my will that the farm be rented till they are paid.

Item 8th - I do hereby nominate Nelson Taylor to be my Executor of this

my last will and testament.

In testimony whereof I do hereunto set my hand and seal this

5th day of July A.D. 1869.

Joseph Potter {Seal}

Signed sealed and acknowledged by said Joseph Potter as his

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

Josiah Lott

Nelson Taylor

The State of Ohio }

Delaware County SS} In the matter of the last will and testament of Joseph

Potter of Kingston Township deceased - We Josiah Lott and Nelson

Taylor being duly sworn in open Court this 27th day of May AD 1870 depose and

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

Joseph Potter of Kingston Township Delaware County hereunto annexed bearing

date 5th day of July AD 1869 that we saw said testator subscribe said will and heard

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

said testator at the time of executing said will was of full age and of sound

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

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

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 107)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 107)

Description

[page 107]

[corresponds to labeled page 74 of Will Records Vol. 5 1869-1876]


74

Record of the Last Will of Joseph Potter deceased

of each other.

Josiah Lott

Nelson Taylor

Sworn to and subscribed before me on this 27th day of May AD

1870. B. C. Waters

Probate Judge

__________________________________________


Record of the Last Will of Marshall Black deceased


Proceedings had before the Hon B. C. Waters Judge of the Probate

Court in and for the County of Delaware and State of Ohio at

his office in the Court House in the Town of Delaware on the 28th day

of May AD 1870.


And thereupon afterward to wit the following order

was made in the Journal as follows to wit.

This day the last will and testament of Marshall Black was

presented for probate and record whereupon John W. Ladd and

Henry Waterfield subscribing witnesses thereto came into Court and

being duly sworn and fully examined and their testimony re-

duced to writing and annexed to the will and filed therewith

and it appearing to the Court that the said will was duly executed

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

said will of full age and of sound mind and memory and

not under any restraint it is therefore considered and ordered

that the said will be admitted to probate and record as duly

proved as the last will and testament of the said Marshall Black

deceased and be recorded as such.

B. C. Waters

Probate Judge

Copy of the Will and testimony thereof.

In the name of the Benevolent Father of All I Marshall

Black of the Township of Orange County of Delaware and

State of Ohio do make this my last will and testament.

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

dower one half of the farm on which we now reside situate in

Orange Township Delaware County State of Ohio containing

about one hundred acres during her lifetime and all the

household goods and furnature which may be therein at the

time of my death. At the ^death of my said wife all my real estate

aforesaid I give and devise to my son Frank Black.

Item 2nd I give and bequeath to my son Frank Flack all

my real estate including the one half devised to my wife at my

decease, also all my stock farming tools and impliment and

all personal property not devised to my wife I give and bequeath

to my son Frank Black.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 108)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 108)

Description

[page 108]

[corresponds to labeled page 75 of Will Records Vol. 5 1869-1876]


75

Record of the Last Will of Marshall Black deceased


Item 3rd I give and bequeath to my beloved daughter Lydia Cutler

of the State of Iowa one hundred and seventy dollars.

Item 4th I give and bequeath to my beloved daughter Mary Ann

McLund for the use of the children two hundred dollars.

Item 5th I give and bequeath to my grandsons Marshall Smith

and George Smith sons of my daughter Melinda fifty dollars

each.

Item 6th I give and bequeath to my beloved daughter Samantha

Parker one hundred dollars.

Item 7th I give and bequeath to my grandson John Parker

son of my daughter Miriam Parker one hundred dollars.

Item 8th I give and bequeath to my beloved daughter Jane

Parker two hundred dollars.

Item 9th I give and bequeath to my beloved daughter Evaline

Scott two hundred dollars.

Item 10th I do hereby will and devise that the several sums

devised and bequeathed to my said children and grand

children shall be paid by my son Frank Black at any time

within five years after my death said several sums not

to draw interest until after the expiration of the five

years aforesaid.

Item 11 I do hereby nominate Frank Black and Polly Black

executors of this my last will and testament hereby authorizing

and empowering them to compromise adjust and release and

discharge in such a manner as they may deem proper the

debts and claims due me. I do also authorize and em-

power them if it shall become necessary in order to pay

my debts to sell by private sale or in such a manner upon

such terms of credit or otherwise as they may think proper

all or part of my real estate and deed to purchasers to execute

acknowledge deliver in fee simple. I desire that no appraisement

and no sale of my personal property be made and that

the Court of Probate direct the omission of the same in

persuance of the statute

In testimony hereof I have hereunto set my hand

and seal this 26th day of February AD 1862

Marshall Black

Signed and acknowledged by said Marshall Black as

his last will and testament in our presence and signed

by us in his presence and in the presence of each other.

J. W. Ladd

Henry Waterfield.

State of Ohio

Delaware County SS

In the matter of the last Will and

testament of Marshall Black, deceased.

We John W. Ladd and Henry Waterfield being duly

sworn on this 21st day of May AD 1870.

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 109)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 109)

Description

[page 109]

[corresponds to labeled page 76 of Will Records Vol. 5 1869-1876]


76

Record of the Last Will of Marshall Black deceased -


depose and say that we were present at the execution

of the last will and testament of Marshall Black deceased

of Orange Township Delaware County hereunto annexed

and bearing date the 26th of February AD. 1862 that we saw

said testator subscribe said will and heard him publish

and declare the same as his last will and testament and

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

full age and in sound mind and memory and not

under any restraint and that we signed the same at his

request and in his presence and in the presence of each

other.

John W. Ladd

Henry Waterfield

Sworn to and subscribed before me this 28th day of May

1870. B. C. Waters

Probate Judge

________________________________________________


Record of the Last Will of Betsey Patterson dec'd


Proceedings had before the Hon B. C. Waters Judge of

the Probate Court within and for the County of Delaware and

State of Ohio at his office in the Court House in the town of

Delaware on the 21st day of February AD 1870.


Thereupon to wit on the said 21st day of February AD 1870

the following order was made in the Journal as follows to wit:


This day the last will and testament of Betsey Patterson dec'd

late of Delaware County was presented to the Court for probate and record

thereupon Albert McCloud and Abner Andrews the subscribing witnesses

thereto came and were duly sworn and examined and their testimony

reduced to writing annexed to the will and filed therewith and it

appearing to the Court that the said will was duly executed and

attested and that the testatrix Betsey Patterson was at the time of

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

and not under any restraint. It is therefore considered and

ordered that the said will be admitted to probate as duly proved as

the last will and testament of said Betsey Patterson deceased

and be recorded as such.

B. C. Waters

Probate Judge


Copy of the Will and the testimony.

In the name of the Benevolent Father of all: I Betsey

Patterson of Orange Township Delaware County Ohio do make

and publish this my last will and testiment:

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 110)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 110)

Description

[page 110]

[corresponds to labeled page 77 of Will Records Vol. 5 1869-1876]


77

Record of the Last Will of Betsey Patterson deceased


I give and devise to my husband James Patterson

the house and lot of land purchased of Linus Patterson

situate in Orange Township Delaware County Ohio the house

and premises which we now occupy, the same containing about one

acre of land, the said premises I hereby bequeath to him and his

heirs forever.

In testimony whereof, I have hereunto set my hand

and seal this 10th day of September AD 1869.

Betsey Patterson {Seal}

Signed and acknowledged by said Betsey Patterson as her last

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

presence.

Abner Andrews

Albert McCloud

The State of Ohio }

Delaware County SS }

In the matter of the last will and testament

of Betsey Patterson deceased.

We Albert McCloud and

Abner Andrews being duly sworn in open Court this 21st day

of February AD 1870 depose and say that we were present at

the Execution of the last will and testament of Betsey Patterson

of Orange Township Delaware County hereto annexed bearing date

10th day of September 1869: that we saw said testatrix subscribe

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

her last will and testament and that the said testatrix at the

time of Executing the same was of full age and of sound

mind and memory and not under any restraint and that

we signed the same as witnesses at her request and in her

presence and in the presence of each other.

Albert McCloud

Abner Andrews

Sworn to and subscribed before me, in the Probate Court, this

21st day of February AD 1870.

B. C. Waters

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 111)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 111)

Description

[page 111]

[corresponds to labeled page 78 of Will Records Vol. 5 1869-1876]


78

Record of the Last Will of Bathsheba Bachman


Proceedings had before the Hon B. C. Waters Judge

of the Probate Court within and for the County of Delaware

and State of Ohio at his office in the Court House in

the Town of Delaware on the first day of July AD

1870

Thereupon to wit on the said first day of July the

following order was made in the Journal as follows to wit:


This day the last will and testament of Bathsheba

Bachman deceased was presented for probate and

record whereupon Jacob Rhodes and James Stults the

subscribing witnesses thereto came into Court and were

duly sworn and Examined and their testimony reduced

to writing and annexed to the will and filed therewith

and it appearing to the Court that said will was duly

Executed and attested and that the said testatrix Bathsheba

Bachman was at the time of Executing the same was of full age

and of sound mind and memory and not under any

restraint it is therefore considered and ordered that the

said will be admitted to probate and record as the last

will and testament of Bathsheba Bachman deceased and

be recorded as such and Charles Hite the Executor named in the

will gave bonds in the sum of one thousand dollars with

Jacob Rhodes and James Stults as his sureties.

B. C. Waters

Copy of the Will and Testimony Probate Judge

In the name of the Benevolent Father of all I

Bathsheba Bachman of the County of Delaware and

State of Ohio being of sound mind and knowing the un-

certainty of life and the certainty of death do make and

publish this my last will and testament.

Item 1st That all my lawful debts be paid and all

my funeral expenses be paid and a good and respectable

set of marble tomb stones shall be bought and set up at

my place of burial and paid for out of my money &

effects.

Item 2nd I give and bequeath to my son Polk Kannedy the

bureau and feather bed, bedstead and all the bed clothing

to supply said bed. one set of chairs the clock and cook-

ing stove and one set of dishes the two horses the harness and

plows that I now own but if said horses and harness &

plows should be sold by me before my decease then in

place of said horses and harness and plows the sum

of two hundred dollars and if he gets said money it shall

be placed in the hands of my Executor to be paid to him

as he needs it for his benefit or if need be paid out

to furnish him a team in case he should follow farming

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 112)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 112)

Description

[page 112]

[corresponds to labeled page 79 of Will Records Vol. 5 1869-1876]

79

Record of the Last Will of Bathsheba Bachman

Item 3rd

I give and bequeath to my daughter Phebe

Post a feather bed straw ticks two pillows two sheets two

quilts and bed stead.

Item 4th I give and bequeath to my granddaughter Hen-

eretta Donele she being the daughter of Edward Donel

fifty dollars in money and feather bed and bedding and

bed stead the fifty dollars to be placed in the hands

of Chas Hite in trust for said grand daughter which shall

be paid over to her as soon as she shall marry

Item 5th I give and bequeath to my grand daughter Sophrona

Donell she being the daughter of Daniel Donel deceased the

sum of fifty dollars to be placed in the hands of Chas

Hite in trust for said grand daughter which shall be

paid over to her by him as soon as she shall marry.

Item 6th I give and bequeath to my four daughters

namely: Phebe Post Jane Beard Sophrona Donel and

Heneretta Donel all my wearing apparel and all the

balance of my bed clothing after supplying the three

above mentioned beds to be divided equally between said

daughters by some disinterested person to be selected

by my Executor.

Item 7th All the balance of my personal property

and moneys and effects that may be let after the des-

tribution has been made in all the foregoing items the

same shall be sold for money and the proceed be

equally divided between my four daughters namely:

Phoebe Post Jane Beard and Henneretta Donel and

Sophrona Donel provided there should be any article

which either of said daughters would be willing to retain

in place of money it shall be turned over to her or

them at its fair cash value.

Item 8th I do hereby nominate and appoint Charles

Hite Executor of this my last will and testament

hereby authorizing and empowering him to compromise adjust

release and discharge in such a manner as he may deem

proper. The debts and claims due me and I do hereby

revoke all former wills by me made In testimony hereof

I hereunto set my hand and seal on the 3rd day of

May AD 1870.

Bathsheba Bachman {Seal}

Signed and acknowledged by said Bathsheba Bachman

as her last will and testament in our presence and

signed by us in her presence.

Jacob Rhodes

James Stults
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 113)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 113)

Description

[page 113]

[corresponds to labeled page 80 of Will Records Vol. 5 1869-1876]


80

Record of the Last Will of Bathsheba Bachman dec'd

The State of Ohio }

Delaware County SS }

In the matter of the last will and

testament of Bethsheba Bachman deceased We Jacob

Rhodes and James Stults being duly sworn in open

Court this thirtith day of June AD. 1870 depose and say

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

testament of Bathsheba Bachman of Thompson Township

hereunto annexed bearing date the third day of May AD 1870

that we saw said testator subscribe said will and heard

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

testament and that the said testatrix at the time of

executing the same was of full age and of sound

mind and memory and not under any restraint and

that we signed the same as witnesses at her request and

in her presence and in the presence of each other.

Jacob Rhoads,

James Stults.

Sworn to and subscribed before me in the Probate Court

this 30th day of June AD 1870.

B.C. Waters

Probate Judge


Record of the Last Will of Thomas Owens, decd


Proceedings had before the Hon B C Waters Judge

of the Probate Court within and for the County of

Delaware and State of Ohio at his office in the Court

House on the Town of Delaware on the 28th day of July

AD 1870.

And thereupon afterward on the aforesaid day

the following Journal Entry was made as follows to-wit:

Will and Estate of Thomas Owens, decd.

This day the last will and testament of Thomas Owens

was presented for proof and record, Whereupon William

Watkins and E. Abbote, the subscribing witnesses came

into Court and were duly sworn and examined and

their testimony reduced to writing and annexed to the

will and filed therewith. And it appearing to the Court

that the said will was duly executed and attested and

and that the said testator Thomas Owens deceased, was

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

sound mind and memory and not under any restraint

it is therefore considered and ordered that the said will

be admitted to probate and record as duly proved as

the last will and testament of Thomas Owens, deceased,

and David O. Thomas and Stephen Thomas being named
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 114)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 114)

Description

[page 114]

[corresponds to labeled page 81 of Will Records Vol. 5 1869-1876]


81

Record of the Last Will of Thomas Owen, deceased.


in the said will as Executors, the said David O. Thomas ap-

peased and gave bonds in the sum of then Thousand dollars

with Evan Roberts and Walter T. Watson his surities and

the Court appoint William Watkins A Lloyd and Evan J

Roberts appraiser: The bond accepted and letters issued

to David O. Thomas, Stephen not appearing.

B C Waters

Probate Judge.

Copy of the Will and Testimony.

In the name of the Benevolent Father of All: I

Thomas Owens of the County of Delaware and State of

Ohio do make and publish this my last will and testament

Item 1st I give and devise to my friend Edward Lewis

the sum of three hundred dollars/$300.

Item 2d I devise and bequeath to the Welch Calvinistic Methodist

Church in Radnor in the aforesaid County, all of my

Rail Road bonds in the C.C. & C. Rail Road (in all seven

shares) to be held by Richard Bumford and Evan

Owens, deacons of said Church and their successors in

office to be held by them as a permanent fund and

the proceeds or dividends arising therefrom, to be used for

the support of the minister of said Church as they

may see proper; if however, the Church in Radnor should

be desolved or broken up then the said fund to be

used for the support of said Church in the State of

Ohio when it shall be most needed.

Item 3d I give devise and bequeath to my brothers and

sister towit: John Owens, David Owens, Margaret Jones,

Edward Owens, Richard Owens all of the above named persons

in this item being deceased and Evan Owens now living

and Richard Owens illegitmate son of Richard Owens

Sen, all the remaining property now in my possession of

every kind and description to be divided in equal shares

among my kins folks above named and their legal heirs.

(Explanatory) The said Richard Owens, illegitimate son

of Richard Owens Sr. to have an equal portion with his

half brothers and sisters.

Item 4 I devise that my beloeved brother Evan Owens

shall see that I am interred in as respectable manner and

he may think proper. ^also to erect a suitable monument at my grave as he may see

proper,

Item 5th I do hereby nominate and appoint Stephen,

Thomas and David O. Thomas Executors of ^this my last will and

testament, hereby authorizing them to discharge in such a

manner as they may deem proper the debts and claims due

me.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 115)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 115)

Description

[page 115]

[corresponds to labeled page 82 of Will Records Vol. 5 1869-1876]


82

Record of the Last Will of Thomas Owens, decd


In testimony hereof, I have hereunto set my hand

and seal this 8th day of July AD 1870.

his

Thomas x Owens {seal}

mark

Signed and acknowledged by said Thomas Owens as

his last will and testament in our presence; and signed

by us in his presence.

William Watkins

E. Abbott.


State of Ohio }

Delaware County ss }

In the matter of the last will and

testament of Thomas Owens of Radnor Township, decd -

We William Watkins and E. Abbott being duly sworn

in open Court this 28th day of July AD 1870, depose and

say that we were present at the Execution of the last

will and testament of Thomas Owens of Radnor Township

in Delaware County, hereunto annexed bearing date 8th

day of July Ad 1870; that we saw said testator subscribe

said will and heard him publish and declare the same

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

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

age and of sound mind and memory, and not under

any restraint and that we signed the same as witnesses at

his request and in his presence and in the presence of

each other.

William Watkins

E Abbott,

Sworn to and subscribed before me, in the Probate Court

this 28th day of July AD 1870.

B. C. Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 116)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 116)

Description

[page 116]

[corresponds to labeled page 83 of Will Records Vol. 5 1869-1876]


83

Record of the Last Will of Henry Stallman decd.


Proceedings had before the Hon B C Waters, Judge of the

Probate Court within and for the County of Delaware and

State of Ohio at his office at the Court House in the Town

of Delaware on the 2nd day of August AD 1870.

And thereupon upon the same day above mentioned an

order was made in the Journal as follows to wit:

On this day the last will and testament of Henry

Stallman of Delaware County, deceased was presented

for probate and record. Whereupon Merlin Burton and Joseph

Norris the subscribing witnesse thereto came into Court and

were duly sworn and Examined and their testimony recorded

to writing and annexed hereto and filed therewith and it appear-

ing to the Court that the said will was duly Executed and

attested and that the said testator Henry Stallmen deceased

was at the time of Executing the same of sound mind and

memory and of the full age and not under any restraint;

it is therefore considered and ordered that the same be admitted

to probate and record as duly proved as the last will and

testament of Henry Stateman, deceased and is hereby recorded

as such. B. C. Waters Probate Judge

Copy of Will and testimony.

In the name of the Benevolent Father of all: I Henry Stateman

of Concord Township Delaware County Ohio, do make and

publish this my last will and testament.

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

her dower (if she remain my widow) the farm on which we

now reside, situate in the Township of Concord Delaware

County Ohio, containing thirty one acres, during her natural

life and all the stock, household goods, furniture, provisions

and other goods and chattles which may be there at the time

of my decease, during her natural life aforesaid.

Item 2d At the death of my aforesaid wife I devise and

give to my daughter Rebecca Powers, one hundred dollars.

Item 3d The balance of the aforesaid property both personal

and real Estate, I give and devise to my children as follows:

one seventh I give and devise to my son Augustus Stallman

one seventh I give and devise to my son Henry Stallman Jr

one seventh I give and devise to my daughter Louisa Holmes

one seventh I give and devise to my daughter Maria Hill,

one seventh I give to my grand children belonging Wilmena one

seventh I give and devise to my daughter Carolina May, one

seventh I give and devise to my grand child belonging to

my daughter Rica Wollam one seventh - Three of the last

mentioned daughters now are deceased.

Item 4th I do hereby nominate and appoint Merlin Burton

Executor of this my last will and testament.

In testimony hereof I have hereunto set my hand and

seal this 5th day of April AD. 1868. Henry Stallman {seal}

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 117)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 117)

Description

[page 117]

[corresponds to labeled page 84 of Will Records Vol. 5 1869-1876]


84

Record of the Last Will of Henry Stallman,


signed and acknowledge by said Henry Stallman

as his last will and testament in our presence and signed

by us in his presence.

Joseph Norris

Merlin Benton

The State of Ohio

Delaware County ss

In the matter of the last will and

testament of Henry Stallman deceased of Delaware

County. We Joseph Norris and Merlin Benton being

duly sworn in open Court this 2d day of August AD 1870

depose and say that we were present at the Execution

of the last will and testament of Henry Stallman of

Delaware County hereunto annexed, bearing date 5th day

of April 1868; that we saw said testator subscribe said

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

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

the time of executing the same, was of full age, and

of sound mind and memory, and not under any rers-

traint, and that we signed the same as witnesses at his

request and in his presence and in the presence of each

other Merlin Benton.

Joseph Norris.

Sworn to and subscribed before me, in the probate Court

this 2d day of August A.D. 1870.

B C Waters

Probate Judge


Record of the Last Will of Nancy Smith deceased


Proceedings had before the Hon B.C. Waters Judge of the

Probate Court within and for the County of Delaware and

State of Ohio at his office in the Court House in the Town

of Delaware on the 4th day of August A.D. 1870.

Thereupon, towit on the said 4th day of August AD 1870

the following order was made in the Journal as follows towit:

August 4th 1870.

Will of Nancy Smith, deceased.

On this day the Last will and testament of Nancy Smith

deceased of Delaware County was presented for probate and

record. And thereupon A.P. Mason J.F. Jones and Monroe Hodgden

the then subscribing witnesses, came into Court and were

duly sworn and examined and their testimony reduced to

writing and filed with the will; And it appearing that

the will was duly executed and attested, and that the

Testator at the time of executing the same was of full age

and of sound mind and memory and under no restraint.

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 118)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 118)

Description

[page 118]

[corresponds to labeled page 85 of Will Records Vol. 5 1869-1876]


85

Record of the Last Will of Nancy Smith deceased -


Thereupon upon consideration it is ordered that the said

will be admitted to record and Probate as duly proved as the

last will and testament of Nancy Smith Deceased and

ordered to be recorded as such. Thereupon Chas Armstrong and

Jay Dyer Executors named in the will came into Court and gave

Bonds in the sum of $12000 with A P Mason and Elias Kimball

as their surities. The Court appoint appraises of said Estate.

B C Waters

Probate Judge

(Copy of Will.)

In the name of the Benevolent Father of All: I Nancy

Smith of Delaware County Ohio do make and publish

this my last will and testament.

Item 1st I authorize and empower my executors hereafter

named and those who may succeed them (if any) in doing

the business hereby intrusted to them, to sell either at private

or public sale my real Estate which is now leased after the

expiration of said lease, the following described property

situate in Genoa Township, Delaware County Ohio, and is

in Range 17, Township 3, Section 1 Lot 5 United States

Military Lands, containing by estimation ninety four acres

(94) They or either of them are to sell the same on the most

advantageous terms, to make and deliver to the purchases a

good and sufficient deed And the proceeds to be invested as

follows, towit:

Item 2d I give devise and bequeath to Charles Landon one

Thousand dollars ($1000) to be paid immediately after the legal

expenses and claims are paid.

Item 3d I give and bequeath to my sister, Jane Woodruff

seven hundred dollar ($700) to be paid in the order herein

named.

Item 4th The balance of the money derived from the sale

of said real estate, I give and devise to my grand son

Emmitt R. Cook, to be retained by my Executors or those

who have charge of the same at interest and the interest to

be paid annually and the sum to be added to the principal

to be well secured by mortgage on real Estate, unimcumbered

and of at least double the amount loaned excursion of

the perishable property until after said Emmitt R Cook shall

arrive at the age of twenty one years (21), and they are

allowed sufficient time thereafter to collect pay over and settle out

of said business, but not to exceed three years.

Item 5 If said Emmitt R. Cook shall die before said

legacy shall be paid to him, then in that case, I devise and

bequeath the same to be equally devided between David Landon

Jane Woodruff, Sidney Landon, Lucinda Landon, and the

heirs of Allen Landon, deceased - these heirs to constitute one
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 119)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 119)

Description

[page 119]

[corresponds to labeled page 86 of Will Records Vol. 5 1869-1876]


86

Record of the Last Will of Nancy Smith, deceased


share, and that share to be divided equally among them,

Item 6th If from any cause whatever those who are ap-

pointed to Execute this will and administer on my Estate

shall refuse to serve as such, then the Court of Probate for

Delaware County Ohio are requested ^to appoint a suitable person

or persons to fill the duties of said appointment, to carry

out the above instructions, but I object to the appointment

of Demon J Cook or any of this relatives, but if said Demon

J. Cook or any of his relatives shall obtain the appointment

to manage this busienss, in such case, the legacy bequested

to said Emmitt R Cook is not to be paid to him and the

same to be paid to those who are legatees in item 5th in the

manner therein directed in case of the death of said Emmitt R.

Cook.

Item 7th All monies which shall be reserved by said Ex-

ecutors from the sale of personal property, collections of

debts or from any source whatever (except from the sale of

the aforesaid real estate) After paying all legal demands

shall be paid out as directed by items 5 & 6.

Item 8th I do hereby nominate and appoint Charles Armstrong

and Jay Dyer my Executors of this my last will and testament

authorizing and empowering them to compromise, adjust, release

and discharge in such manner and upon such terms as

they may judge proper any debt claim or demand due me.

I do hereby revoke all former will be me made.

In testimony hereof I have hereunto set my hand and seal

this 23d day of March in the year AD 1870.

Nancy Smith {seal}

Signed and acknowledged by said Nancy Smith as her

last will and testament in our presence and signed by

us in her presence and at her request.

A.P. Mason

J.F. Jones

Monroe Hodgden.

Testimony of Will.

The State of Ohio

Delaware County ss

In the matter of the last will and testament

of Nancy Smith of Genoa Township Delaware County

Ohio, deceased.

We A.P. Mason J.F. Jones and Monroe Hodgden

being duly sworn in open Court this 4th day of August AD

1870, depose and say that we were present at the Execution of

the last will and testament of Nancy Smith of Delaware

County hereunto annexed, bearing date 23d of March AD

1870; that we saw the said testator sign said will, and heard

her publish and declare the same to be her last will, &

testament, and that the said testator, at the time of Executing
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 120)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 120)

Description

[page 120]

[corresponds to labeled page 87 of Will Records Vol. 5 1869-1876]


87

Record of the Last Will of Nancy Smith, deceased


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

and not under any restraint and that we signed the same

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

of each other.

A.P. Mason

J.F. Jones

Monroe Hodgden

Sworn to and subscribed before me, in the Probate Court

this 4th day of August AD 1870.

B.C. Waters

Probate Judge

__________________________________________________________________


Record of the Last Will and Testament of Jacob Ekelbery


Proceedings had before the Hon B.C. Waters Judge of

the Probate Court within and for the County of Delaware

and State of Ohio at his office in the Court house in

the Town of Delaware on 30th day of July AD 1870.

and Thereupon to wit on the said 30th day of July

Ad 1870, the following order was made in the Journal as

follows towit:

Will and Estate of Jacob Ekleberry deceased.

This day the last will and testament of Jacob Ekleberry

deceased, was presented for probate and record: Whereupon

James R. Hubble, one of the subscribing witnesses thereto,

came and was duly sworn and examined and his testimony

reduced to writing and annexed to the will and filed

therewith: And it appearing to the Court that, Mary Hubbell

the other subscribing witness thereto is deceased, the testimony

of James R. Hubbell was taken to prove the signing and

signature of the said Mary Hubbell and is also attached

to the will: and it appearing to the Court that the said will

was duly Executed and attested and that the said testator

Jacob Ekleberry was at the time of Executing the same of

full age and of sound mind and memory and not

under any restraint: it is therefore ordered that the said will

be admitted to probate and record as duly proved as the

last will and testament of said Jacob Ekleberry deceased

and be recorded as such. And at the same time came

Drusilla Ekleberry, the widow of said Jacob Ekleberry,

and made the election to take under the will: and the

same having been Explained to her she still declared

it to be her wish and desire to take under the will. As

letters issued and no appraisers appointed at present.

B C Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 121)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 121)

Description

[page 121]

[corresponds to labeled page 88 of Will Records Vol. 5 1869-1876]


88

Record of the Last Will of Jacob Ekleberry

Copy of Will.

In the name of the benevolent Father of all: I Jacob

Ekleberry of Delaware Ohio do make and publish this my

last will and testament.

Item 1st I give and devise to my beloved wife Drusilla

in lieu of her dower, the house and lot on which we now

reside situate in the Town of Delaware aforesaid and

being the same premises conveyed me by Thomas J. Pearce

and wife January 28th 1869 by deed recorded in Vol 54

Page 537 of the records of Delaware County Ohio, for and

during the period of the natural life of my said wife and

she remaining my widow, and all the household goods

furntiure and provisions I may have thereon at the time

of my decease. At the death of my said wife, the real

estate aforesaid, and such part of the personal property

as may be uncensored, I give and devise to my three

sons John, Ezekiel and Jacob in equal proportions.

In case of the death of my wife before my decease I

then give and devise the foregiving property to my three

sons aforesaid, to be equally divided between them as

aforesaid and their heirs and assigns forever. This devise

and bequest to my wife is made upon the express condition

that she shall remain my widow.

Item 2d I give and devise to my son John and his heirs

and assigns forever seventy four and three quarters acres

situate in Delaware County aforesaid and in Berlin

Township and being the same premises conveyed to me

by Joseph Bartholemew by deed dated June 13th 1848 and

recorded in Volume 39 on pages 128 & 129 of the Record of

Delaware County aforesaid.

Item 3d I give and devise to my Ezikiel Eklebery

and to his heirs and assigns forever, forty four acres

of land more or less situate, and being south west

part of lot seventeen in section four Township five

in Delaware County Ohio Being in Radnor Township

and bounded and described as follows viz: On the

north by land that I have heretofor deeded to said Ezekiel

On the East by land that I have heretofore deeded to my son

Jacob. On the south by the Township line between Brown

and Berlin Township, and in the west by the section

line, and being the section line same premises on which

the said Ezekiel now lives.

Item 4th I give and devise to my son Jacob the tract of

sixty seven acres of land on which he now resides, being

A part of lot fifteen in section one Township four Range

Eighteen Delaware County Ohio, and being the tract of

land heretofore conveyed to me by Barnett Cunningham &
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 122)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 122)

Description

[page 122]

[corresponds to labeled page 89 of Will Records Vol. 5 1869-1876]


89

Record of the Will of Jacob Ekleberry deceased -


wife by deed dated May 12th 1856 and Recorded in Volume 39

Pages 614 & 615 of the Records of Delaware County Ohio.

Item 5th I give and devise to my daughter Margaret Cunningham

wife of Josiah Cunningham, forty six acres of land, situate

in Section one, Township four, Range Eighteen Delaware County

aforesaid, and being all that tract or parcel of land deeded

me by William H Rose and wife by deed dated the 5th day

of September 1866 and recorded in Volume 55 Page 400 of

the records of Delaware County Ohio - Except the portion or part

of said premises heretofore conveyed to Louise Gardner.

Item 6th All the personal property I may posses at the time

of my death of any description, including monies and credits

and not bequeathed to my said wife in item one of this will

I give and bequeath to my said son Jacob.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and

seal this thirteenth day of July in the year One Thousand

Eight Hundred and sixty nine.

Jacob Ekleberry {seal}

Signed and acknowledged by said Jacob Ekleberry

as his last will and testament in our presence and

signed by us in his presence and at his request.

James R. Hubbell

Mary Hubbell

Testimony of Will.

The State of Ohio

Delaware County ss.

In the matter of the last will and

testament of Jacob Ekleberry late of Delaware Coutny

deceased. I James R Hubbell being duly sworn in

open Court this 30th day of July AD 1870 depose and say

that I was present at the execution of the last will and

testament of Jacob Ekleberry of Delaware County, decd

hereunto annexed bearing date the 13th day of July AD 1870;

that I saw the said testator subscribe said will and heard

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

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

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

And not under, any restraint, and that I signed the

same as a witness at his request and in his presence,

and I the said James R. Hubbell upon my oath further

say that the said Mary Hubbell, the other subscribing

witness to said will, and who was the wife of this afficient

is now deceased, having departed this life on the 12th day

of April Ad 1870, that the signature of the said Mary Hubbell

to said will as a subscribing witness is genuine, and

that she signed said will in the presence of said testator.

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 123)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 123)

Description

[page 123]

[corresponds to labeled page 90 of Will Records Vol. 5 1869-1876]


90

Record of the Will of Jacob Eckleberry, deceased


and at his request, and also she signed said will

in the presence of this Afficient, and that each of the

subscribing witnesses signed said will in the presence

of each other at the request of the testator.

Sworn to and subscribed before me this 30th day James R Hubbell

of July AD 1870. B.C. Waters

Probate Judge.

__________________________________________________________________________


Record of the Will of Cyrus Longshore deceased.


Proceedings had before the Hon B.C. Waters Judge of the Probate

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

his office in the Court House in the Town of Delaware on the 18th

day of August AD 1870.

And thereupon to-wit on the said 10th day of Aug AD 1870

the following order was made in the Journal as follows to wit:

The last will and Estate of Cyrus Longshore, decd

On this day the last will and testment of Cyrus Longshore

deceased was presented for probate and record: Whereupon

E H Dent and John Sinkey, the subscribing witnesses thereto came

into open Court and being sworn and Examined and their

testimony reduced to writing and annexed to the will and filed

therewith. And it appearing to the Court that the said will was

duly Executed and attested and that the testator at the time

of Executing the same was of full age and of sound mine &

memory and not under any restraint, it is therefore ordered and

considered that the said will be admitted to probate and record

as duly proved as the last will and testament of Cyrus

Longshore, deceased and be recorded as such: and Truman

Longshore Executor named in the will gave bond in the sum of

Ten Thousand dollars.

Copy of Will.

In the name of the Benevolent Father of all: I Cyrus

Longshore in view of the certainty of death and the uncertainty

of life, do make and publish this my last will and testament

Item 1st I direct that after my death all my Just debts and

funeral Expenses be paid by my Executors out of my Estate

Item 2d I direct that my beloved wife Margaret Longshore

have the Entire use and control of all my real Estate

and personal during her natural life.

Item 3d I direct that should the rents and incomes of

my said Estate be not sufficient for her maintenance &

Support in the style ^in which we are now living, that said Estate

be sold and so much of the proceeds as may be necessary

used for her support as aforesaid.

Item 4th I direct that at the death of my said wife, my

Estate that may be remaining, be equally divided among my heirs
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 124)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 124)

Description

[page 124]

[corresponds to labeled page 91 of Will Records Vol. 5 1869-1876]


91

Record of the Last Will of Cyrus Longshore deceased.


as follows towit: My sons Charles, Truman, Harlo A and Isaac

Newton and the heirs of my deceased son J.W. Longshore.

Item 5th I hereby nominate and appoint my wife Margaret

Longshore and my son Truman Longshore my executors of

this my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 24th day of April AD 1870.

Cyrus Longshore {seal}

We E H Dent and John Sinkey hereby certify that Cyrus

Longshore signed the foregoing instrument in our presence as

his last will and that we signed the same in his presence as

witnesses. EH Dent

John Sinkey

Proof of Will.

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Cyrus Longshore of Delaware County deceased:

We E H Dent and John Sinkey being duly

sworn in open Court ^this 10 day of Aug AD 1870 depose and say that we were present

at the Execution of the last will and testament of Cyrus

Longshore of Trenton Township Delaware County, hereunto

annexed, bearing date 24th day of April 1870; that we saw

said testator subscribe said will, and heard him publish

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

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

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

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

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

each other. EH Dent

John Sinkey

Sworn to and subscribed before me in the Probate Court

this 10th day of Aug AD 1870. B. W Waters

Probate Judge.

_______________________________________________________________


Record of the Last Will of Ezra Winget deceased.

Proceeding had before the Hon BC Waters Judge of the

Probate Court within and for the County of Delaware &

State of Ohio at his office in the County of Delaware &

State of Ohio at his office in the Court house in the

Town of Delaware on the 6th day of August Ad 1870.

Thereupon towit on the said 6th day of Aug AD 1870 the

following will was made in the Journal as follows to

wit:

August 6th 1870

Will and Estate of Ezra Winget deceased.

This day the last will and testament of Ezra Winget, decd
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 125)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 125)

Description

[page 125]

[corresponds to labeled page 92 of Will Records Vol. 5 1869-1876]


92

Record of the Last Will of Ezra Winget, deceased.


was presented for probate and record; whereupon Evans

Carr and L. S. Felkner the subscribing witnesses thereto, came

into Court and were duly sworn and examined and their

testimony reduced to writing and filed therewith, annexed,

and it appearing to the Court that the said will was duly

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

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

and memory and not under any restraint: It is therefore con-

sidered and ordered that the said will be admitted to probate

and record as duly proved as the last will and testament of

the said Ezra Winget, deceased, and be recorded as such &

at the same time came Winget the widow and made her

Elective after her rights were fully explained to her she elected

to take under the will, and on her motive L S Felkner

was appointed administrator with the will annexed.

The said L S Felkner gave bonds in the sum of Two

Thousand dollars with J D Vandeman and B F. Loffman

as his sureties, Bond accepted and letters issued, and the

Court appoint Evans Carr, J Jacob Anderson and Daniel

Dorwast Appraisers of the said Estate.

B C Waters

Probate Judge.

(Copy of Will)

In the name of the Benevolent Father of all, I Ezra Winget

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

Publish this my last will and testament.

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

her dower, the farm on which we now reside, situate in

Delaware County Ohio, containing fifty five acres together

with fifty one acres of land lying north of the farm on

which we now reside, Bounded and described in the deed

of said land, the two above named pieces of land being all

of my Real Estate during her natural life, and all the stock

Household goods and Chattles which may be thereon at the time

of my decease, during her natural life afforesaid; she however

selling so much thereof as may be sufficient to pay my just

debts. At the marriage of my Beloved wife if such is the case

then I devise unto her only the one third part of said premises

aforesaid, but as long as she remains my widow she is to have

all the above named real and personal property.

Item 2d At the death of my wife I devise that all my real &

personal property that is remaining, shall be sold to the highest

bidder and the proceeds divided Equally among my Children

or their heirs.

In testimony whereof I have hereunto set my hand and

seal this 6th day of Aug AD 1862. Ezra Winget. {seal}

Signed and acknowledged by the said Ezra Winget, as his last

will and testament in our presence and signed by us his

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 126)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 126)

Description

[page 126]

[corresponds to labeled page 93 of Will Records Vol. 5 1869-1876]


93

Record of the Last Will of Ezra Winget, deceased


presence.

Evans Carr }

L.S. Felkner } Witnesses.

The State of Ohio

Delaware County ss,

In the matter of the last will and

testament of Ezra Winget of Delaware County, deceased,

We Evans Carr and L S Felkner being duly sworn in open

Court depose and say on this 6th day of August AD. 1870,

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

testament of Ezra Wingelt of Delaware County hereunto

annexed, bearing date 6th day of August 1862: that we saw

the said testator subscribe said will, and heard him publish

the same as his last will and testament and that the said

testator at the time of executing the same was of full

age and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses

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

each other. Evans Carr.

L S Felkner.

Sworn to and subscribed before me this 6th day of Aug

AD 1870. B C Waters

Probate Judge.

______________________________________________________________


Record of the Last Will of Ignatius Baker, deceased


Proceedings had before the Hon B C Waters Judge of

the Probate Court within and for the County of Delaware

and State of Ohio at his office in the Court House in the

Town of Delaware on the 20th day of August AD 1870.

Thereupon to-wit on the said 20th day of Aug. AD 1870 the

following order was made in the Journal as follows towit:

Saturday Aug. 20th 1870.

The last will and testament of Ignatius

Baker, deceased.

On this day the last will and testament of Ig-

natus Baker, deceased, was presented for probate and record

; whereupon Samuel Rogers and Jacob F. Pettit, the subscribing

witnesses thereto, came into Court and were duly sworn and

examined and their testimony reduced to writing and

annexed to the will and filed therewith; and it appearing to the

Court that the said will was duly Executed and attested

and that the said testator, Ignatius Baker deceased, was at

the time of Executing the same of full age and of sound

mind and memory and under no restraint; it is therefore

considered and ordered that the said will be admitted

to Probate and Record as duly proved as the last will and
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 127)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 127)

Description

[page 127]

[corresponds to labeled page 94 of Will Records Vol. 5 1869-1876]


94

Record of the Last Will of Ignatius Baker, decd.


testament of Ignatius Baker deceased and be recorded as

such. And Wiliam B. Baker, the Executor named in

the will appeared and gave bond in the sum of One

Thousand dollars, with Enoch Baker and John Carnes as

his sureties, and the Court appoint John Heavelo, John Ekleberry

and appraises of the said Estate. Bond accepted

and letters issued. B C Waters

Probate Judge.

(Copy of the Will)

In the name of the Benevolent Father of all; I Ignatius

Baker of the County of Delaware and State of Ohio, do

make and publish this my last will and testament.

Item 1st I give and devise to my Beloved wife, the farm on

which we now reside, situate in Brown Township Delaware

County Ohio, containing fifteen and 3/4 acres of land during

her natural life; and all the stock and personal property

and effects that I may own at my decease.

I also devise and bequeath to my said wife (Ann M. Baker)

during her natural life, my Executor hereafter named selling

enough to pay my just debts and funeral expenses.

Item 2d At the death of my said wife,I devise and be-

queath the above mentioned farm with all the personal property

and effects that may be left to my son William B. Baker

he however of the proceeds thereof shall pay to each of my

daughters the sum of twenty five dollars to-wit: Elizabeth

Comes, Sarah Parker and Hannah Baker within one year

after the death of my said wife.

I hereby nominate and appoint my son William B.

Baker, Executor of this my last will and testament.

In testimony hereof I have hereunto set my hand and seal

this 7th day of August AD 1870.

his

Ignatius x Baker {seal}

mark

Signed and acknowledged by said Ignatius Baker as his

last will and testament in our presence and signed by

us in his presence. Samuel Rogers.

Jacob F. Pettit.

(Testimony of Will)

The State of Ohio

Delaware County ss

In the matter of the last will and testament

of Ignatius Baker of Delaware County, deceased. We Samuel

Rogers and Jacob F. Pettit being duly sworn in open

Court this 20th day of Aug. AD 1870, depose and say that we

were present at the Execution of the last will and testament

of Ignatius Baker deceased of Brown Township, Delaware

County Ohio hereunto annexed, bearing date 7th day of

August, 1770; that we saw the said testator subscribe

said will, and heard him publish and declare the same
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 128)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 128)

Description

[page 128]

[corresponds to labeled page 95 of Will Records Vol. 5 1869-1876]


95

Record of the Last Will of Ignatius Baker, decd.


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

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

age and of sound mind and memory and under no

restraint, and that we signed the same as witnesses at

his request and in his presence and in the presence of

each other.

Samuel Rogers

Jacob F Pettit.

Sworn to and subscribed before me this 20th day of Aug.

Ad 1870.

B. C. Waters

Probate Judge
________________________________________________________________


Record of the Last Will of Joel Z. Mendenhall, decd


Proceedings had before the Hon B C Waters Judge of the Probate

Court within and for the County of Delaware and State of

Ohio at his office in the Court House in the Town of Delaware

on the 31st day of Aug. 1870.

Thereupon towit on the said 31st day of Aug 1870, the

following order was made in the Journal as follows towit

August 31st 1870.

Will and Estate of Joel Z. Mendenhall, decd


This day the last will and testament of Joel Z Mendenhall

deceased was presented for probate and record: whereupon James

N. Stark, one of the subscribing witnsses there to come into Court

and was duly sworn and examined and his testimony reduced

to writing and annexed to the will and filed therewith. And it

appearing to the Court that John Lindenberger, the other subscribing

witness thereto has since deceased. The said James N. Stark was

examined And his testimony reduced to writing to prove the

signing of and the signature to the said will of the said

John Lindenbarger And is also attached to the will. And it

appearing to the Court that said will was duly executed and

attested and that the said testator Joel Z. Mendenhall was

at the time of Executing the same of sound mind and memory

and of full age and under no restraint: It is therefore Consistent

and ordered that the said will be admitted to Probate and

Record as duly proved as the last will and testament of the

said Joel Z. Mendenhall deceased. And be recorded as such

And thereupon, Oliver Stark the Executor named in the will gave

bond in the sum of $3000# with James N. Stark and William

Brown as his surities. And the Court appoint Harry Hazlet and

James N. Stark and Septer Stark, as appraisers. Bond accepted

and letters issued etc

BC Waters

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 129)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 129)

Description

[page 129]

[corresponds to labeled page 96 of Will Records Vol. 5 1869-1876]


96

Record of the Last Will of Joel Z Mendenhall, dec.

Copy of the Will.


In the name of the Benevolent Father of all: I Joel Z.

Mendenhall of Porter Township, Delaware County Ohio, being of

sound mind and memory, do make and publish this my

last will and testament.

First: It is my will that my debts and charges be paid

out of my Estate.

Second: I will and bequeath to my beloved wife all my goods

and chattels, Household and Kitchen furnatures, Beds, Bedding

wearing apparel, Books, farm tools, Horse buggy, light wagon, mathe-

matical instruments, mechanical instruments, watch, silver, [illegible]

Dishes, Paintings, and all the loose property that I may be possessed

of at my decease, including Hogs & Cattle, Rifle-guns and all and

singular the tools pertaining to farming and mechanical business, to her

own proper use and benefit forever to dispose of as she may deem

best to her own benefit.

Third: I also bequeath to (my wife) all monies and Credits, rents

and incomes that may due and becoming due to my at my decease

and often, to her use and support during her natural life. And

I also bequeath to her during her natural life the use of the un-

divided one Eighth part of a tract of land of two Thousand acres

(my portion divided by her helf situate, lying and being in Randolph

County in Western Virginia. Also our Lot NW 61 former number (19) in

Bamford & Sweetsens Addition to the Town of Delaware Delaware

County Ohio - containing 3 70/100 acres of land. Also lot No. 31 & 32

in the Village of Olive Green in Porter Township in said County

Ohio with the rents and profits devised or that may be derived therefrom

during her natural life And if the rents, dues, profits and incomes

should prove insufficient to her comfort and support during her

natural life, then and in that Case, I will and request that the

aforesaid land in Western Virginia, be sold for that purpose and

if such sale should prove inadequate to her support, then Lot No

61 aforesaid, I wish may be sold and the proceeds applied to her

maintenance and support and comfort during her natural life-

I also bequeath to her (my wife) the house and lot on which we now

reside. It being lot number 32 in the Village of Olive Green aforesaid

for her to dwell in so long as she may live. If at the decease of my

wife there should be any monies or portion of them, credits, rents or

income remain unexpended, or if Expended and any portion of

the land and Lots aforesaid should remain unexpended, then

in that Case, I will bequeath said residue as follows: to wit:

I will and bequeath to Louisa M. Farver, wife of Peter Farver Jun.

who now resides in Gratiot County Mich. the equal one half part of

said residue, and to Ellen M. Davis Mendenhall, my adopted

daughter (who now resides with us) the one equal half part of

said residue. The said lots or residue thereof to be sold at private

sale, and the residue of money, Credits, rents & income, if any,
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 130)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 130)

Description

[Page 130]

[Corresponds to labeled page 97 of Will Records Vol. 5 1869-1876]


97

Record of the Last Will of Joel Z. Mendenhall. dec-


and the process of sale to be by some honest judicious person (selected

by the Court of Probate as Trustee) invested in Bond or Stocks, the interest

or income from said stocks to go to the use and benefit of said Louisa

M. Farver and Ellen M. Davis Mendenhall equally at such time as the

said monies become due - If the said Louisa M. Farver should have issue

then at her death, her portion must revert to her Children Equally. But

if she should die having no issue, then her portion of the said residue

of the Estate to be apportioned amongst the five Children of my Brother

B. Franklin Mendenhall of the City of Philadelphia Penn, as

follows: To his Eldest daughter Lizzie Mendenhall one equal forth

part. To his second daughter, Mary Mendenhall, one Equal fourth

part. To his third daughter Maggie Mendenhall one Equal fourth

part, and to his youngest child or Franklin Mendenhall, one Equal

fourth part and to their heirs forever.

If the said Ellen M. Davis Mendenhall should die having

lawful issue, then her Equal portion shall revert to her Children Equally,

But if she should die leaving no Children, then the Equal one half

part of her portion of said Estate shall revert to my sister, Mary M.

Sheppard, wife of Josiah Foster Sheppard of the City of Philadelphia

Penn, and the other Equal one half part of the said Ellen M. ^D Men-

denhall's portion of said Estate, shall revert to Zaiden Mendenhall

youngest daughter of my brother Phillip Mendenhall late of

the City of Philadelphia Penn. In Case it should become necessary

to sell any portion of the said lands, I hereby Authorize and

Empower my Executor or Executrix to convey the same by deed of

Quit Claim or in fee simple. And I do hereby Constitute and ap-

point Oliver Stark, Executor and my beloved wife Eliza A Mendenhall

Executrix of this my last will and testament.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this day of May in the year 1866.

Joel Z. Mendenhall

Signed and acknowledged by said Joel Z. Mendenhall, as his

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

his presence John Lindenburger

J. N. Stark

(Proof of Will)

The State of Ohio

Delaware County ss.

In the matter of the last will and

testament of Joel Z. Mendenhall deceased, late of Porter

Township Delaware County, Ohio.

I James N Stark being duly sworn in open Court this

the 31st day of August AD 1870 deposeth and sayeth that

I was present at the Execution of the last will and testament

of Joel Z. Mendenhall of Delaware County hereunto annexed

bearing date May the 1866; That I saw said testator

subscribe said will and heard him publish and declare

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 131)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 131)

Description

[Page 131]

[Corresponds to labeled page 98 of Will Records Vol. 5 1869-1876]


98

Record of the Last Will of Joel Z. Mendenhall, dec.


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

the said testator at the time of executing the same

was of full age and of sound mind and memory &

not under any restraint and that I signed the same as

a witness at his request and in his presence. And I the

said James N Stark upon my oath, say further that the

said John Lindenburger, the other witness to said will

who now is deceased, who departed this life in Sept. 1869 and

that the signature of the said John Lindenburger to said

will is genuine and that he signed said will in the presence

of said testator and at his request and also he signed said

will in the presence of this affiant and that Each of the

subscribing witnesses signed said will in the presence of each

other and at the request of the testator.

J.N. Stark {seal}

Sworn to and subscribed before me this 31st day of Aug.

A.D. 1870.

B C Waters

Probate Judge


Record of the Last Will of Caty Curtiss, deceased


Proceedings had before the Hon B. C Waters, Judge of the

Probate Court within and for the County of Delaware and State

of Ohio at his office in the Court House in the Town of Del-

aware on the 24th day of September A.D. 1870.

and thereupon afterward on the aforesaid day, the following

order was made in the Journal as follows towit: viz:

Will and Estate of Caty Curtiss

This day the last will and testament of Caty Curtiss deceased

was presented for probate and record, whereupon W.E. Cox and E.

Phillips two of the subscribing witnesses thereto came, and were

duly sworn and Examined and their testimony reduced to writing

and annexed to the will and filed therewith, and it appearing to

the Court, that the said will was duly Executed and attested and

and that the said testator, Caty Curtiss, was at the time of executing

the same of ful age and of sound mind and memory and not

under any restraint. It is therefore considered and ordered that the

said will be admitted to Probate & Record as duly proved as the

last will and testament of Caty Curtiss deceased, and be recorded

as such. Oh letters issued in this case.

B.C. Waters

Probate Judge

(Copy of Will)

In the name of the Father of Mercies, I Caty Curtiss of feeble

health, but of sound mind and memory, do make, publish &

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 132)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 132)

Description

[Page 132]

[Corresponds to labeled page 99 of Will Records Vol. 5 1869-1876]


99

Record of the Last Will of Caty Curtiss, deceased --


declare this my last will and testament.

Item 1st I give and bequeath to Lucy Keeler, a grandchild of

mine, a good bed bedding and what is necessary to furnish the

same.

Item 2d I give and bequeath to my daughter Emily, all my personal

property of every description to be for her sole use and benefit to

despose of as she shall Judge proper, for her own use and benefit.

In witness whereof I have hereunto set my hand &

seal this 9th day of November A.D. 1870.

Caty Curtiss {seal}

Signed by Caty Curtiss in our presence and witnessed by as in

her presence and at her request.

Henry Hodgden }

W.E. Cox }

E. Phillips }

The State of Ohio }

Delaware County }

In the matter of the last will and testament

of Caty Curtiss of Genoa Township Delaware County O.

deceased. We W.E. Cox and E. Phillips, being duly sworn in

open Court this 24th day of Sept. AD 1870, depose and say that

we were present at the Execution of the last will and testament

of Caty Curtiss of Genoa Township Delaware County Ohio, hereunto

annexed & bearing date 9th day of November 1869, that we saw

the said testator subscribe said will and heard her publish &

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

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

and of sound mind and memory and not under any

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

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

W.E. Phillips

W.E. Cox

Sworn to and subscribed before me in the Probate Court this

24th day of Sept A.D. 1870.

B.C. Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 133)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 133)

Description

[page 133]

[corresponds to labeled page 100 of Will Records Vol. 5 1869-1876]


100

Record of the Last Will of Orr Carpenter, decd.


Proceedings have before the Hon B C Waters Judge of the

Probate Court within and for the County of Delaware and State

of Ohio at his office in the Court House in the Town of Delaware

on the 24th day of Sept. A.D. 1870.

And afterward to-wit on the aforesaid day the following

order was made in the Journal as follows to-wit,

Will and Estate of Orr Carpenter deceased -


On this day the last will and testament of Orr Carpenter decd.

was presented for probate and record, whereupon Jay Dyer and

Ransom Havens two of the subscribing witnesses thereto, came into

Court and were duly sworn and Examined and their testimony

reduced to writing and annexed to the will and filed therewith.

And it appearing to the Court that the said will was duly Ex-

ecuted and that the said testator Orr Carpenter deceased was

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

any restraint. It is therefore considered and ordered that the

said will be admitted to probate and record ^as duly proved as the last will

and testament of Orr Carpenter deceased, and be recorded as

such

BC Waters

Probate Judge.

(Copy of Will.)


In the name of the Benevolent Father of all: I Orr Carpenter

being in feeble health, but of sound mind do make and publish

this my last will and testament.

Item 1st It is my will that all my just debts and legal claims

against my estate be fully paid.

Item 2d I devise and bequeath to my wife, Almira Carpenter

all the Real Estate that I may own at my decease this to include

all that may appertain to the same. Also all my personal

property that may remain after the legal demands are fully paid

Item 3d If my Executor shall be under the necessity of selling

real estate to pay legal claims against my Estate, I hereby au-

thorize and empower him to sell as much as may be necessary to

either at public or private sale as may be for the best interest of

of my Estate and the portion shall be selected so as to do as

little injury to the balance of the estate as possible.

Item 4th

I authorize and empower my executor to compromise &

comprehend any and all debts and demands that may be

due the state or that I may owe.

Item 5th As I have given all real and personable property

that I may own at my decease to my wife, it is my request, desire

and, hereby enjoin on my wife to provide for schooling and taking

necessary care of my minor children who are to have a home with

her (if they use her well) during their minority,
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 134)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 134)

Description

[page 134]

[corresponds to labeled page 101 of Will Records Vol. 5 1869-1876]


101

Record of the Last Will of Orr Carpenter, deceased --

Item 6th I hereby nominate and appoint my wife Almira

Carpenter Executrix of this my last will and testament revoking

any and all other wills by me made at any former time.

In testimony whereof I have hereunto set my hand &

seal this 18th day of August A.D. 1870. his

Orr x Carpenter

mark


Executed in the presence of us, and signed by us in his presence

and at his request,

Jay Dyer }

Ransom Havens }


The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Orr Carpenter, late of Delaware County, deceased - We Jay

Dyer and Ransom Havens being duly sworn in open court

this 24th day of August AD 1870, depose and say that we were

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

Carpenter of Berkshire Township, hereunto annexed, bearing

date 18th day of August AD 1870: that we saw said testator

subscribe said will, and heard him publish and declare

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

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

of sound mind and memory, and under no restraint, &

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

his presence and in the presence of each other.

Jay Dyer,

Ransom Havens.

Sworn to and subscribed before me, in the Probate Court, this

24th day of Sept. AD 1870.

B. C. Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 135)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 135)

Description

[page 135]

[corresponds to labeled page 102 of Will Records Vol. 5 1869-1876]


102

Record of the Last Will of Jane McIntire, decd -

Proceedings had before the Hon B C Waters Judge of the

Probate Court within and for the County of Delaware and

State of Ohio at his office in the Court House in the Town of

Delaware on the 1st day of Ocotber AD 1870.

and afterward to-wit on the aforesaid day the following order

was made in the Journal as follows, viz: -

Will and Estate of Jane McIntire, deceased -

On this day the last will and testament of Jane McIntire

deceased, was presented for probate and record, and it appearing

to the Court that the subscribing witnesses thereto reside in Cham-

paign County, a commission was issued to T.S. Chenney, a

notary Public within and for said County, to take the testimony

of Joseph Wilkinson and Richard Cook, which commission was

returned with the testimony of Joseph Wilkinson, one of the sub-

scribing witnesses thereto. And it further appear from the testimony

of Joseph Wilkinson that Richard Cook place of residence is

unknown, the testimony of Joseph Wilkinson one of the subscribing

witnesses thereto who was duly sworn says that he also saw he

said Richard Cook subscribe the said will as one of the witnesses

thereto, his testimony ordered to writing his testimony reduced to

writing and annexed to the will. And it appearing to the Court

that the said will was duly executed and attested and that the

said testator Jane McIntire was at the time of Executing the same

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

any restraint. It is therefore considered and ordered, that the

said will be admitted to probate and record as duly proven as

the last will and testament of Jane McIntire deceased - and be re-

corded as such. And it appearing to the Court that Caleb Barrett

the Executor named in the will has since deceased and that

Joseph Wilkinson the other Executor so named declines to act

as such, the Court appoint William Henry Dilsaver as administrator

with the will annexed, The administrator gave bonds in

the sum of Two Thousand dollars, with George T. Dilsaver

and Nicholas Money, his sureties, and the Curt also appoint

Nicholas Money Geo. Thorton Dilsaver and Jacob Hoskins

as appraisers --

B. C Water

Probate Judge

(Copy of Will.)

In the name of the Benevolent Father of all, I Jane McIntire

of the County of Clark and State of Ohio do make this

my last will and testament in name and form following, that

is to say:

First it is my will that my funeral expenses and my Just

debts be fully paid.

Second it is my will that my Executor or Executors shall sell

at private or public sale, as they may think best, either for

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 136)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 136)

Description

[page 136]

[corresponds to labeled page 103 of Will Records Vol. 5 1869-1876]


103

Record of the Last Will of Jane McIntire, dec-


ready money down, or upon such credit as they may think proper

all the real Estate in which I am possessed of the County

of Clark and State of Ohio. Bounded and described as

follows (viz) being part of fractional section no. twelve (12)

of Town six (6) Range nine (9) deeded to me by John W. Dide

bearing date June 21st 1839 and also a lot of land of ten acres

deeded to me by Jos. Wilkinson in Range ten (10) Township

six (6) section seven (7) lying on the Pleasant township line

adjoining the former lot on the North -

Third It it is my will, after paying off the aforesaid debts

that the money arising from the sale of the said lands shall

with exception of one dollar, be equally divided between the

following persons or in the case of any of their deaths amongst

their legal heirs (viz) John Kirk, my brother and George

Eyston, my brother in-law, James Blue & Brinkly Reid my

two brother in-laws -

Fourth - I give and bequeath unto Joseph Blue my brother in-

law one dollar as mentioned above their heirs and assigns

forever.

Lastly, I hereby constitute and appoint my neighbor Caleb

Barrett to be the Executor of this my last will and tes-

tament; But in case of Caleb Barretts death, in capacity

or refusal to Execute the same, I hereby constitute and

appoint my neighbor Joseph Wilkinson to be the executor

of this my last will and testament -

In testimony whereof, I have hereunto set my hand

and seal this 9th day of Feb. AD 1848 -

Her

Jane x McIntire {seal}

Mark

Signed published and declared }

by the above named Jane McIntire }

as and for her last will and testament }

in presence of us, who at her request have}

signed as witnesses to the same }

Joseph Wilkinson

Richard Cook


(Copy of Commission)

The State of Ohio }

Delaware County ss }

To T.S. Chenney

Greeting:

Know ye, That we, in confidence of your prudence &

fidelity, have appointed you, and by these presence do

give you full power to examine and take the deposition

of Joseph Wilkinson and Richard Cook, subscribing

witnesses to the last will and testament of Jane McIntire

hereinto annexed, late of the County of Delaware in the

state of Ohio, deceased, and therefore we command you
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 137)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 137)

Description

[page 137]

[corresponds to labeled page 104 of Will Records Vol. 5 1869-1876]


104

Record of the Last Will of Jane McIntire.


that at certain days and places appointed by you, you

cause the said Joseph Wilkinson and Richard Cook to be

brought before you, and then and then there to examined them on

oath or affirmation first taken before you touching the Ex-

ecution of said will of the said Jane McIntire, and that

you reduce the same to writing, and return the same, together

with this Commission and the will of the said Jane McIntire

wthereto annexed, Closed up under your seal, into our said

Probate Court with all Convenient speed.

In testimony whereof, I, B C Waters Judge of the said Court

have hereunto set my hand and affixed the seal of said

Court, at Delaware this 20th day of Sept. A.D. 1870.

B C Waters

Probate Judge.

(Testimony of Witness to Will)

In the matter of the last will and testament of Jane

McIntire,

I, T. S. Chenney a Notary Public in and for the

County of Champaign and State of Ohio duly appointed &

commissioned by the Judge of the Probate Court of the County

of Delaware, in the State of Ohio, to take the testimony of

Joseph Wilkinson and Richard Cook, The subscribing witnesses

of the last will and testament of Jane McIntire, deceased -

late resident of said County of Delaware in the State of Ohio

which commission and the said will are hereunto annexed -

do hereby Certify, that in pursuance of said Commission, I

caused Joseph Wilkinson said subscribing witness aforesaid

to come personally before me, at my office,in Mechanicsburg

Champain County, Ohio, who being first duly sworn by me

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

but the truth, concerning and in relation to said will,

depose and say, that he was present at the making of said

will hereunto attached marked "A" and at the request of the

deceased subscribed his name to said will as witness in the

presence of the deceased and of each other: that he saw the said

Jane McIntire deceased, sign and seal said will, and heard her

acknowledge the same to be her last will and testament; that

the said Jane McIntire, deceased, was, at the time of making

signing and sealing said last will and testament, of legal age

and of sound mind and memory, and under no undue or un-

lawful restraint whatsoever -- He also states that Richard Cook

was present and subscribed the same his name to said will to

the best of his belief and reccolections. Joseph Wilkinson

I T.S. Chunney Cheny a notary of and said Commission do

further testify that the said testimony was reduced to writing by myself

in the presence of said witness and subscribed by said witness in

my presence on this 28th day of Sept AD 1870 -- In testimony whereof

I have hereunto set my hand & affixed the seal this 28th day of Sept AD 1870

T.S. Cheney Comer
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 138)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 138)

Description

[page 138]

[corresponds to labeled page 105 of Will Records Vol. 5 1869-1876]


105

Record of the Last Will of David Griffiths, deceased


Proceedings had before the Hon B C Waters, Judge of

the Probate Court within and for the County of Delaware

and State of Ohio at his office in the Court House in the

Town of Delaware on the 5th day of November AD 1870.

The following, is the order made in the Journal on

the said 5th day of November AD 1870: as follows towit:

November 5th AD 1870.

Will and Estate of Daniel Griffiths, deceased --

This day the last will and testament of David Griffiths

deceased was presented for probate and record; whereupon David

G. Edwards and E. Abbott, the Subscribing witness, thereto came

into Court and were duly Sworn and examined and their

testimony reduced to writing and annexed to the will and

filed therewith: and it appearing to the Court that the said

will was duly Executed and attested and that the said tes-

tator, David Griffiths, was at the time of Executing the same

of full age and of Sound Mind & Memory and not under

any restraint; it is therefore Considered & ordered that the said

will be admitted to probate and record as duly proved as

the last will and testament of the said David Griffiths deceased

and be recorded as such, and at the Same time came Thos.

D. Griffiths, one of the heirs of said David Griffiths deceased

and asked the Court to appoint David G. Edwards Ad-

ministrator of the Said Estate and on such Motion and

for cause shown, the said David G Edwards is so appointed

administrator with the will annexed. The said Administive

gave bonds in the sum of five thousand dollars ($5000) with

BC Waters

Probate Judge

Copy of the Will.

In the name of the Benevolent Father of all: I David

Griffiths of the County of Delaware and State of Ohio

do make and publish this my last will and testament --

Item First: I give and devise to my beloved wife, in lieu

of her dower, the Real Estate on which we now reside, in

the Town of Delhi (containing about three & three fourths

acres of land during her natural life, and all the stock,

Household goods & furniture provision & other goods and chat-

tles which may be thereon at the time of My decease during

her natural life as aforesaid, She however selling enough

thereof to pay all My Just debts-- I also give and bequeath to

My wife aforesaid forever Five Hundred dollars deposited with

the Deposit Banking Company, in Delaware Ohio --

At the death of my Said wife the real Estate aforesaid, I give

and devise the My Sons David Griffiths, William Griffiths and

Thomas D. Griffiths and My daughter Elizabeth Edwards
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 139)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 139)

Description

[page 139]

[corresponds to labeled page 106 of Will Records Vol. 5 1869-1876]


106

Record of the Last Will of David Griffiths, decd -


and Margaret Prichard, at Equal shares of if Either of my

aforesaid heirs should die before the decease of my said wife then

to descent to their heirs then living--

Item Second:

I give and devise to my granddaughter Mary

Prichard the Sum of Five Hundred dollars --

Item Fourth:

I give and devise to my daughter Mary Ashley

if now living the sum of Fifty dollars -

Item Third:

I give and devise to my grandson David Jeremy

the sum of Five Hundred dollars.

Item Fifth:

I give and devise to my sons David Griffiths

William Griffiths Thomas D. Griffiths and daughters Elizabeth

Edwards and Margaret Prichard the Sum of Nine Hundred

dollars Each; if however there should be anything remaining

after paying the legacies above mentioned, I give devise and bequeath

the Same at Equal Shares to the aforesaid David Griffiths, William

Griffiths, Thomas D. Griffiths Elizabeth Edwards and Margaret

Prichard.

I do hereby revoke all former wills by me made,

In testimony hereof I have hereunto Set my hand & seal this

12th day of September AD 1870.

David Griffiths {seal}

Signed and acknowledged by said David Griffiths as his

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

his presence --

E. Abbott

David Edwards.

Testimony of Will.

The State of Ohio }

Delaware County ss }

In the matter of David Griffiths of

Radner Township deceased, We E Abbott and David G. Edwards

being duly Sworn in open Court this 5th day of November Ad 1870, depose &

say that we were present at the Execution of the last will and testament

of David Griffiths deceased of Delaware County, hereunto annexed bearing

date 12th day of September 1870, that we saw said testator subscribe

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

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

was of full age and of sound mine & memory and not under any

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

his presence and in the presence of each other.

E. Abbott

David G. Edwards

Sworn to & subscribed before me as the Probate Court this 5th day of

Nov. AD 1870 BC Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 140)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 140)

Description

[page 140]

[corresponds to labeled page 107 of Will Records Vol. 5 1869-1876]


107

Record of the Last Will of Peter Vansickle, deceased

Proceedings had before the Hon BC Waters, Judge of

the Probate Court within and for the County of Delaware and

State of Ohio at his office in the Court House on the 16th day

of November A.D. 1870.

The following is the order made in the Journal on the said

16th day of Nov. AD 1870 as follows to-wit:

November 16th 1870 Will and Estate of Peter Vansickle, deceased

Proceedings had before the Hon BC Waters, Judge of

the Probate Court within and for the County of Delaware and

State of Ohio at his office in the Court House on the 16th day

of November A.D. 1870.

The following is the order made in the Journal on the said

16th day of Nov. AD 1870 as follows to-wit:

November 16th 1870 Will and Estate of Peter Vansickle

This day the last will and testament of Peter Vansickle deceased

was presented for Probate and Record whereupon Henry Hodgden

and Sidney Richards, the Subscribing witness thereto came into Court

and were duly sworn and examined and their testimony reduced

to writing and annexed to the will and filed therewith; and it

appearing to the Court that the will was duly executed and attested

and that the said testator Peter Vansickel was at the time of

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

and not under any restraint. It is therefore considered and

ordered that the said will be admitted to Probate and Record

as duly proved as the last will and testament of the said Peter

Vansickle deceased and be recorded as such.

And at the same time came Riley Lott and Joseph Lott the

Subscribing witness to the codicil attached to the said

will and being duly sworn Say that they were present at

the Signing of said Codicil, and that the said Peter Van-

Sickle was of ful age and of sound mind and memory and

not under any restraint, and that they Saw said testator

Subscribe the same, and the same was Signed by us as witnesses

it is therefore admitted to Probate & Record as a part of the last

will and testament of Peter Vansickle deceased. And at the

Same time came Riley Lott and Jennie T. Drinnell, the subscribing

witnesses to the second codicil to said will and were duly sworn

in open Court and their testimony reduced to writing and annexed

to the said will and filed therewith; and it appearing to the Court

that the same was duly executed and attested and that the

said Peter Vansickle was not under any restraint. It is therefore

considered and ordered that the said Second Codicil be

admitted to Probate & Record as the last will and testament

of the said Peter Vansickle and be recorded as such.

BC Waters

Probate Judge

Copy of Will.

In the name of the Benevolent Father of all, I Peter Van-

Sickle of the County of Delaware & State of Ohio do make

this my last will and testament, revoking any and all other

wills made by me, at any former time.

Item First. It is my will that all my Just debts and legal

demands against my estate be fully said -- this to include

funeral and other necessary expenses.

Item Second, It is my will that my property shall be divided

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 141)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 141)

Description

[page 141]

[corresponds to labeled page 108 of Will Records Vol. 5 1869-1876]


108

Record of the Last Will of Peter Vansickle decd


equally among all my Children and their legal representatives

niv: Deborah Stark, wife of Almon Stark, Willaim G Vansickle

my daughter Elizabeth Betsey Stark, Catherine Lott, wife of

Riley J. Lott, the children of my late daughter Jane Rosecrans, wife

of John Rosecrans, viz: Elizabeth, Alvin & Peter Rosecrans and

their legal representatives, and to the children of my late son

Asa Vansickle, viz: Edwin & Asa Vansickle.

I have paid or advanced One Hundred ^& fifty dollars, which was

paid to settle a Judgment in favor of Eilijah Carney vs Edwin

Vansickle, wherein William G Vansickle was bail, said William

G. Vansickle is to have no claim for any part of said Judgement as

I paid the debt and cost in full, but do not charge said Edwin's

but the above One Hundred & Fifty dollars which is to apply on

his legacy.

The legal representatives and heirs of those of my children

who have died to share equally alike, viz: Edwin and Asa Vansickle

to share equally (Edwin to be charged with the One Hundred &

Fifty dollars) My late daughter Jane Rosecrans' children or their

legal representatives, to share equally in what their Mother would

have inherited had she lived.

I have advance Four Hundred dollars to my daughter Betsey

Stark to buy a house and lot for a home for her. This is an

advance to her on her legacy. She is at present keeping home for

me and if I die where she is keeping home for me she is to have

what furnature and property I have in the house or about the same

without any charge or appraisal of the same.

As I have advanced different sums to my heirs, a portion

Secured by notes, Each to be charged one for cent more than the

principle and interest that may be due on their Claim, this is

in consideration that each one has to collect their legacy if they have

not received the same as an advance and those who have no

trouble to collect.

As my property consets mainly of notes and money, my heirs are

requested to meet and divided the same each live to take his or her

paper or back account in payment of said heirs legacy, if any

one has received more than said heirs legacy then to pay over to

such heir as has not received its share, so as to make all

equal. If my heirs or a majority of them do not agree to di-

vide they are authorized to select a judicious disinterested person to

divide the same if any heir shall desert to the above plan of di-

viding my estate among my heirs and shall cause expense and cost

by administration or otherwise such heir to have all such expense

paid out or deducted from his or her legacy.

My horse buggy and harness I devise to my daughter Betsey if

she is willing to allow Two Hundred & fifty dollars, if she is not will-

ing to allow that sum the same to be divided as the others property

said division to be made in one month after my death. it is my

will that there be no expense of administration or otherwise attending the
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 142)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 142)

Description

[page 142]

[corresponds to labeled page 109 of Will Records Vol. 5 1869-1876]


109

Record of the Last Will of Peter Vansickle, decd.


Settlement of my estate.

In testimony whereof I have hereunto set my hand and

seal this 15th day of July AD 1866

Peter Vansickle {seal}

Signed and sealed in the presence of us and acknowledged by

said Peter Vansickle to be his last will and testament and un-

dersigned by us at his request.

Henry Hodgden }

Sidney Richards }

Proof of Will

The State of Ohio }

Delaware County ss }

In the matter of the last will and tes-

tament of peter Vansickle of Kingston Township Delaware

County Ohio deceased. We Henry Hodgden and Sidney

Richards being duly sworn in open Court this 16th day

of November AD 1870, depose and say that we were present

at the execution of the last will and testament of Peter

Vansickle of Kingston Township Delaware County O. hereunto

annexed bearing date 15th day of July AD 1863; that we

saw said testator subscribed said will, and heard him

publish and declare the same to his last will and testament

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

was of full age and of sound mind and memory and under

no restraint, and that we signed the same as witnesses at his

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

Henry Hodgden

Sidney Richards

Sworn to and subscribed before me in the Probate Court

this 16th day of Nov. A.D. 1870. B.C. Waters

Probate Judge

Codicil to the above will,

I Peter Vansickle do make the following codicil

to this will. I do annual and direct that the allowance of one

fee out for collecting the claim against each heir be null and

void and of no effect.

Signed and sealed this 31st day of August AD 1866.

Peter Vansickle {seal}

Singned and sealed in the presence of us and acknowledged

by said Peter Vansickle to be his last will and testament and

witnessed by us at his request -

Sylvester Stockwell }

Codicil to the above named will. Henry Hodgden }

I Peter Vansickle do make the following codicil to

this will. I do annul and directed that the Four Hundred

dollars mentioned in the above will against my daughter Betsy

to buy a home for her be null and void and of no effected.

Signed and sealed the 2d day of October 1866. Peter Vansickle {seal}

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 143)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 143)

Description

[page 143]

[corresponds to labeled page 110 of Will Records Vol. 5 1869-1876]


110

Record of the Last Will of Peter Vansickle, decd -

Signed and sealed in the presence of us, and acknowledge

by said Peter Vansickle to be his last will and testament and

witnessed by us at his request.

Riley J Lott }

Joseph Lott }

Third Codicil to the foregoing will

I Peter Vansickle do make the following codicil to this will

I do annul and direct that the One Hundred and fifty dollars

mentioned in the above will against Edwin Vansickle to settle-

a Judgement in favor Elijah Carney wherein Willaim G Van-

sickle was bail to be null and void and of no effect.

Signed and sealed this 2d day of Oct. AD 1866.

Peter Vansickle {seal}

Signed and sealed in the presence of us and acknowledged

by said Peter Vansickle to be his last will and testament and

witnessed by us at his request.

Riley J. Lott }

Jennie T Durimell. }

I Peter Vansickle do charge the above named Edmin Van-

Sickle with Twenty nine dollars, it being interest due on a six

hundred dollar note previous to the 2d day of Oct, 1866, and the

twenty nine dollars to be accounted for at the final set-

tling up of my estate as other heirship money. The said

Six Hundred dollar note bears date Feb. 24th 1866 at eight pr cent

interest.

Testimony to Codicils.

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament of Peter

Vansickle late of Kingston Township Delaware County O

deceased. We Riley T. Lott and Joseph Lott being duly

sworn in open court this 16th day of Nov. AD 1870, depose &

say that we were present at the execution of the second

codicil attached to the last will and testament of Peter Van-

Sickle of Kingston Township Delaware County O. hereunto

annexed, bearing date 2d day of Oct. AD 1866, that we saw

said testator subscribe said codicil and heard him pub-

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

and that the said testator at the time of executing the

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

under any restraint and that we signed the same as

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

of each other.

Riley T Lott }

Joseph Lott }

Sworn to and subscribed before me, at the Probate Court

this 16th day of Nov. AD. 1870.

BC Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 144)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 144)

Description

[page 144]

[corresponds to labeled page 111 of Will Records Vol. 5 1869-1876]


111

Record of the Last Will of Peter Vansickle, decd.


The State of Ohio }

Delaware County ss }

In the matter of the last will and testament of Peter

Vansickle late of Kingston Township Delaware County O.

deceased We Riley Lott and Jennie T Durimell being duly

sworn in open Court this 16th day of Nov. AD 1870, depose and

say that we were present at the execution of the third Codicil

attached to the foregoing last will and testament of Peter

Vansickle of Kingston Township, Delaware County here-

unto annexed, bearing date 2d day of October AD 1866; that

we saw said testator subscribed said codicil and heard

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

testament, and that the said testator at the time of

executing the same was of full age and of sound mind

and memory, and that we signed the same as witnesses

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

each other.
Riley T Lott }

Jennie T Dainnell }

Sworn to and subscribed before me in the Probate Court

this 16th day of Nov. AD 1870

BC Waters

Probate Judge

________________________________________________________________


Record of the Last Will of Henry Baker decd.


Proceedings had before the Hon. B C Waters Judge of the Probate

Court within and for the County of Delaware and State of

Ohio at his office in the Court House in the Town of Delaware

on the 30th day of November AD 1870.

The following is the order made in the Journal on the said

30th day of November 1870 as follows to-wit:

Will and Estate of Henry Baker deceased.

On the 16th day of November AD 1870 the last will and testament of

Henry Baker, deceased was presented for Probate and record:

Thereupon H.A Gutner one of the subscribing witnesses to the

will came into Court and was duly sworn and examined and his

testimony reduced to writing and annexed to the will and filed

therewith: And it appearing to the Court that the other witness S.

S. Hamlin lives in Edwardsburg, Cass County Michigan, a

commission was thereupon issued to Wm P. Bennett Judge

of Probate Court of Cass County Michigan H Baker Take the testimony

of said witness, and afterwards in due time the said will and

commission was returned with the testimony reduced to writing

and attached to the will and now on file with the same and

it thereby appearing to the Court that the said will as duly

executed and attested and that the said testator at the time of

executing the same, was of sound mind and memory and of
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 145)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 145)

Description

[page 145]

[corresponds to labeled page 112 of Will Records Vol. 5 1869-1876]


112

Record of the Last Will of Henry Baker, decd.


full age and not under any restraint it is therefore considered

and ordered that the said will be admitted to Probate and Record

as duly proved as the last will and testament of the said Henry

Baker decd, and be recorded as such.

Thereupon George Baker, Executor named in the will gave

bond in the sum of $2000 - with David Bale John H Bale &

as his sureties - Bond accepted and letters issued.

B.C. Waters

Probate Judge.


Copy of Will.


In the name of God, Amen.

I Henry Baker of the Township of Orange in

the County of Delaware and State of Ohio: calling to mind

the certainty of death, and the uncertainty of the time of it, and

being feeble of body, but of sound mind and memory, do make

and ordain this my last will and testament in manner and

for as follows: viz:

Item 1st

Of my real estate to-wit: The farm in Orange Township

Delaware County Ohio on the west side of Alum Creek, containing

about Eighty four acres, and being the same farm on which I

now reside, I give and bequeath the same to my son George

Baker his heirs and assigns forever after my demise: on con-

dition, however, that my said ^son George shall well and truly

pay within one year after my demise to my son Thomas S.

Baker, or his heirs the sum of Two Hundred dollars, and which

shall bear interest after my decease until paid: and with a

further condition that my said son George Shall pay to the

heirs of my daughter Jane Bennett, deceased, a like sum of

Two Hundred dollars and within one year after my demise and

interest after my death until paid. and when said respective

sums are paid after my deceased; then the said farm shall be-

long to my said son George in fee simple, and to his heirs and

assigns forever

Item 2nd

Of my personal estate and property, I give and be-

queath unto my daughter Mary Ann Baker, who has and con-

tinues to bestow much care and attention to my daily wants

as follows. One cow and calf now on the farm which she shall

have and the increase thereof until after my demise: also all the house

hold furnature of every description belonging to me and continually

used by myself and my said daughter Mary Ann, and also all my

portion and part of the poultry on the farm at my decease, and

also all the produce and provisions on hand at my decease shall

belong to my said daughter Mary Ann, and also all monies and other

valuable things in my possession at the time of my decease
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 146)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 146)

Description

[page 146]

[corresponds to labeled page 113 of Will Records Vol. 5 1869-1876]


113

Record of the Last Will of Henry Baker, deceased.


shall belong to my said daughter Mary Ann after she shall

pay out of the same my Just debts and funeral expenses and

erect a suitable tombestone to my grave.

Item 3d

I hereby state that my oldest daughter Hestor Baker has already

received her part and portion of my estate which has passed into her hands

and use amounting to the sum of two hundred dollars in cash in

addition to which I give my said daughter Hester the sum of ten

dollars.

Item 4th

I hereby nominate and appoint my son George Baker Executor

of this my last will and testament, but desire that no appraisement or

sale of my personal estate shall be made after my decease and

that the Court of Probate direct the ommission of the same in pursuance

of the Statute in such cases made and provided.

I do hereby revoke all former wills by me made.

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

31st day of May AD 1866.

His

Henry x Baker {seal}

Mark.

Signed and acknowledged by said Henry Baker as his last will

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

H.A. Guitner }

S.S. Hamlin }

Proof of Will.

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Henry Baker deceased of Orange Township Del. County Ohio.

We H A Guitner being duly sworn in open Court this 16th

day of November A.D. 1870 depose and say that was present at the

execution of the last will and testament of Henry Baker of Orange

Township hereunto annexed, bearing date 21st day of May 1866; that

I saw said testator subscribe said will and heard him publish &

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

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

of sound mind and memory and not under any restraint

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

his presence. H.A. Guitner.

Sworn to and subscribed before me this 16th day of November AD

1870. BC Waters

Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 147)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 147)

Description

[page 147]

[corresponds to labeled page 114 of Will Records Vol. 5 1869-1876]


114

Record of the Last Will of Henry Baker, decd.

Commission,

The State of Ohio }

Delaware County ss }

Wm P. Bennett, Judge of Probate Cass

County, Mich.

Greeting:

Know ye, That we, in confidence of your prudence and fidelity, have

appointed you, and by these presents do give you full power and au-

thority to examine and take the deposition of S S Hamlin one

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

Baker deceased, hereunto annexed, late of the County of Delaware

in the State of Ohio, and therefore we command you, that at

certain days and places appointed by you, you cause the said

S.S. Hamlin to be brought before you, and then and there to ex-

amine him and or oath or affirmation first taken before you

touching the due execution of said will of the said Henry Baker

and that you reduce such examination to writing and return the

same, together with this commission and the Will of the said Henry

Baker, hereunto annexed closed up under your Seal, into our

Said Probate Court with all convenient speed.

In testimony whereof, I, B C Waters, Judge of the said

Court, have hereunto set my hand and affixed the seal of

Said Court, at Delaware, this 16th day of Nov. AD 1870.

B C Waters

Probate Judge

Testimony of Witness to Will.

In the matter of the last will and testament of Henry Baker

deceased.

I, Wm P. Bennett, Judge of Probate in and for Cass County

Michigan, duly appointed and Commissioned by the Judge of the

Probate Court of Delaware in the State of Ohio to take the testimony

of S S Hamlin, now of Edwordsbury, Cass County Mich. &

one of the subscribing witness of the last will and testament

of Henry Baker deceased, late a resident of said County of Del.

and in the Stat of Ohio. Which Commission and the said will are

hereto annexed. I do hereby certify that in presence of said

Commissioned Caused the Said S S Hamlin one of the said sub

scribing witness aforsaid, to come personaly before one at

the Probate Office in the village of Casapolisin said Court of

Cass Michigan on Nov. 26th 1870 who, being by me first duly sworn

according to law, to speake the truth, the whole truth and nothing

but the truth, consearning and in relation to the Execution of

said will did depose and say that he was present at the

making of said will hereunto attached, Marked A, and at the

request of the deceased, subscrier his name to said will as

witness in the presence of the deased and of H A Guitner; that

he saw the said Henry Baker deacesed sign and seal such Will
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 148)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 148)

Description

[page 148]

[corresponds to labeled page 115 of Will Records Vol. 5 1869-1876]

115

Record of the Last Will of Henry Baker, deceased

And hear him acknowledge the same to be his last will &

testament; that he saw Henry Baker, deceased, was, at the time

of making, signing and sealing said last will and testament, of

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

any restraint whatsoever,

S. S. Hamlin.

I. Wm. Bennett, Judge of the Probate Court of Cass County

Michigan and ex officio Clerk thereof do further testify that

the said testimony was reduced to writing by myself, in

the presence of said witness, and subscribed by said witness

in my presence on this twenty sixth day of November A D 1870.

In testimony whereof I have hereunto set my hand and

affixed the seal of said Court this 26th day of Nov. A D 1870.

Wm P Bennett

Commissioner

Record of the Last Will of William Sherwood. deceased.

Proceedings had before the Hon B. C. Waters Judge of the Probate

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

his office in the Court House in the Town of Delaware on the

7th day of December A D 1870.

The following order was made in the Journal on the

aforesaid 7th day of December A D 1870 as follows to wit:

Will and Estate of William Sherwood, deceased.

On this day, the 30th day of November A. D. 1870, Mrs. Roxina Sherwood

presented the last will and testament of William Sherwood deceased

to the Court for probate and record, and it appearing to the Court

that the witnesses to said will are residents of the City of Cincinnati

Ohio, and thereupon a commission was duly issued to John Sampson

Powers to take the testimony of said witnesses, which was afterwards

in due time duly returned and the testimony duly reduced to writing

and attached to the will and now on file with the same, and it

thereby appearing to the Court that the said will was duly Executed

and that the testator was at the time of Executing the same

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

any undue restraint; it is therefore Considered and ordered that his

said will be admitted to record and probate as the last will and

testament of William Sherwood as duly proved as such and

be recorded as such.

And it appearing from said will that Roxana R Sherwood is

by the said testator appointed Executrix, and that no bonds

be given- Letters are issued accordingly,

B C Waters

Probate Judge.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 149)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 149)

Description

[page 149]

[corresponds to labeled page 116 of Will Records Vol. 5 1869-1876]

116


Record of the Last Will of William Sherwood,

Copy of the Will

I, William Sherwood, of the City of Cincinnati, make this my

will and testament revoking all former wills by me made,

First: I give devise and bequeath to my wife Roxana R. Sherwood

all my estate and property, real and personal, during her natural

life.

Second: At the death of my said wife, I give devise and bequeath all

of said estate and property that may remain unconsumed, and un

expended, to my daughter Lucinda A Packer and my Sons James

E Sherwood and Edwin Sherwood, Share and share alike: Provided that

five hundred dollars of the sum so given, devised and bequeathed to

Said Roxana She is to have to her and her heirs forever: Provided, for

them, that if said Roxana dies before said Edwin attains majority

Then said Edwin is to have one half of the remainder of said Estate

and property and said Lucinda and James are each to have one fourth

part thereof, except said five hundred dollars to which Said Roxana

is entitled in her own right, and which is given to her absolutely

aforesaid.

Third: I appoint Said Roxana executrix of my said will, and

guardian of my Said Son Edwin, and I desire that bonds and

appraisement be dispensed with,

Witness my hand and seal this 5th day of Nov. A D 1870.

William Sherwood {seal}

Signed, sealed and acknowledged by said William Sherwood as his

last will and testament, in our presence, who at his request and in

his presence have subscribed our names as witness,

Henry Harrison }

Geo B Oky } witnesses

John W. Oky }

Commission to take testimony of witness

to Will.

The State of Ohio }

Delaware County ss }

To John Sampson Powers

Greeting:

Know ye, that we, in confidence of your prudence and fidelity

have appointed you, and by these presence do give you full power

and authority to examine and take the deposition of Henry

Harrison, John W Oky, and Geo. B. Oaky, subscribing witnesses

of the last will and testament of William Sherwood deceased.

hereunto annexed late of the County of Hamilton in the State

of Ohio, and therefore we command you, that at certain days and

places appointed by you, you cause the said Henry Harrison

John W. Oky and George B. Oky, to be brought before you and

then and there examined them on oath or affirmation first
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 150)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 150)

Description

[page 150]

[corresponds to labeled page 117 of Will Records Vol. 5 1869-1876]


117

Record of the Last Will of William Sherwood deceased.


taken before you touching the due execution of said will of the

said William Sherwood, and that you reduce such examination to

writing, and return the same together with this Commission and the

will of the said William Sherwood thereto annexed. Closed up under

your space, into our Probate Court, with all convenient speed.

In testimony whereof, I, B.C. Waters, Judge of the said Court

have hereunto set my hand and affixed the Seal of said Court at

Delaware, this 30th day of November AD 1870.

BC Waters

Probate Judge.


Testimony of Witness to Will.


In the matter of the last will and testament of William

Sherwood, deceased.

I, John S. Powers, duly appointed and commissioned

by the Judge of the Probate Court of the County of Delaware in

the State of Ohio to take the testimony of John W Oky

and Harry Harrison Geo B. Oky, the subscribing witnesses to the

last Will and Testament of William Sherwood deceased

late resident of said County of Hamilton in the State of

Ohio, which commission and the said will are hereto annexed

I do hereby certify that in pursuance of said Commission

I caused John W Oky and Geo B. Okey to of said subscribing

as aforesaid, to come before me, at Cincinnati, Ohio, who, being

by me first duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, Concerning and in

relation to the execution of said will, depose and say they were

personally acquainted with Dr. William Sherwood, of the City of

Cincinnati, and also Harry Harrison, the other subscribing

witness to the will of said Sherwood: that said Harrison is now

absent in the South; that said William Sherwood is now decd,

that they were present at the making of said will, hereunto attached

marked "A." and, at the request of the deceased, Subscribed their

names to said will as witnesses of the presence of the deceased and

of each other; that they saw the said William Sherwood, deceased

sign and seal the said will and heard him acknowledge the same

to be his last will and testament; that the said William

Sherwood, deceased, was at the time of executing, signing and

sealing said last will and Testament of legal age, and of

sound mind and memory, and under no undue or unlawful

restraint whatsoever; Furthermore that they saw said Harrison at

the same time subscribe said will as a witness thereto at the

request of the deceased. John W Okey }

Geo. B. Okey }

I John S Powers do further testify that the said testimony was reduced to writing

by said John W Okey in my presence and by my direction, and in the presence of

said witnesses respectfully and subscribed by said witnesses.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 151)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 151)

Description

[page 151]

[corresponds to labeled page 118 of Will Records Vol. 5 1869-1876]


118

Record of the Last Will of William Sherwood, decd.


in my presence on this third day of December AD 1870.

In testimony whereof, I have hereunto set my hand,

this 30th day of Dec. AD 1870.

John S. Powers.


Record of the Last Will of James McKitrick, decd


In this case the following entry was made in the Journal

on the 22d day of September AD 1870. as follows towit:

Will and estate of James McKitrick, deceased.

On this day the last will and testament of James McKitrick

deceased was presented for record, the same having been duly

probated in Livingston County in Pontiac in said County on

the 20th day of October AD 1868, the same is therefore admitted

to record as the last will and testament of James McKiterick

deceased. BC Waters

Probate Judge


Copy of letters Testamentry.

The State of Illinois }

Livingston County ss }

In County Court October 20th Term 1868,

The people of the State of Illinois to all to whom these presents

may come - Greeting:

Know ye, That whereas, James McKitrick, late of the County

of Livingston and State of Illinois, died on or about the thirteenth

day of November, AD 1867 as it is said, after having duly made

and published his last will and testament, a copy whereof is here-

unto annexed, leaving at the time of his death, property in this

State which may be lost, destroyed or diminished in value, if speedy

can be not taken of the same; and inasmuch as it appears that

Julia Ann McKitrick has been appointed executrix, in and by

the last will and testament to execute the same:

Now, to the end that said property may be preserved to those who

have a legal right or interest therein: and that the Said will may be

executed according to the request of said testator, we do hereby

authorize the said Julia Ann McKitrick as such executrix, to

collect and secure, all and singular, the goods and chattles, rights

and credits, which were of the said James McKitrick at the time of

his decease, in whatsoever hand or possession the same may be

found in this State: and well and truly to perform and fulfill

all such duties as may be enjoined upon her by the said will,

general to do and perform all other acts which now on, or here-

after may be required of her by law.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 152)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 152)

Description

[page 152]

[corresponds to labeled page 119 of Will Records Vol. 5 1869-1876]


119

Record of the Last Will and Testament of James McKitrick

Witness RB Harrington, Clerk of the County Court of the

said County of Livingston at his office in Pontiac, this 20th

day of October AD 1868, and the Probate seal of said Court

hereunto annexed.

RB Harrington

Clerk of the County Court.

Copy of the Will

I, James McKittrick of Scioto Township, Delaware County

State of Ohio being of sound and disposing mind memory and

understanding do make publish and declare this to be my last

will and Testament hereby revoking and making null and void

all former last will and Testaments and writings in the notion of

last wills and Testaments by heretofore made.

1st My will is that my funeral expenses and all Just debts shall

be paid by my executor hereinafter named.

2d I give and bequeath to my son John McKitrick five dollars

to Mary McKitrick and Elizabeth McKiterick children of my de-

ceased son James McKitrick five dollars to be equally Divided

between them; to my daughter Eliza Webb wife of William Webb

five dollars, Mary Morn wife of William Morn five dollars,

To David McKitrick James McKitrick Wiley McKitrick Almira

S. McKitrick Children of my deceased son George McKitrick five

dollars to be divided equally between said four grandchildren.

To James Nash and Mary Nash children of my deceased daughter

Emily Nash to be equally Divided between said two grand

children. To Harry S McKitrick my son five Dollars. To

Catherine Jackson wife of William Jackson five dollars =

To Susan Freshwater daughter of my deceased daughter Aimee

five dollars. To Arthur F. McKitrick my son five dollars. To

Orlando Dulen and his brother and Susan Dulen children

of my deceased daughter Susan five Dollars to be equally Divided

between my three said grand children.

All said legacies to be paid said legatees within Sixty days after

my decease of demanded and at any subsequent time, if not

paid before, when demanded -

I give and bequeath to my beloved wife Julia Ann McKitrick all

the residue of my estate real and personal or mixed to her and

for her own benefit and use and control to use for her support

comfort and enjoyment and for this purpose she is fully authorized

to sell and dispose of any part of said property she may find necessary

Provided, however, that if my said beloved wife Julia Ann should

again marry She is to be entitled to only her legal claims of my

Said Estate and the residue of this bequest to my beloved wife

aforesaid shall be equally divided among my legal heirs.

I do nominate my said beloved wife Julia Ann McKitrick

and hereby appoint her my Sole Executrix of this my last will

and Testament.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 153)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 153)

Description

[page 153]

[corresponds to labeled page 120 of Will Records Vol. 5 1869-1876]


120

Record of the Last Will of James McKittrick


In witness whereof I, the said James McKitrick have hereunto

set my hand and seal this 25th day of February AD 1861.

James McKitrick. {seal}

Signed sealed and declared by said James McKitrick to be

his last Will and Testament in presence of us who at his request

and in his presence have subscribed our names as witnesses

thereto in the presence of each other.

E A Wigton }

H. T Havens }

James Eaton }

State of Illinois }

Livingston County ss }

I, R B Harrington Clerk of the County Court

in and for said County, do hereby certify that the foregoing

is a true copy of the Will of James McKitrick deceased as

appears on record in my office. Witness my hand and official

seal at Pontiac this 20th day of October AD 1868.

RB Harrington

U.S. Stamp County Clerk.


Record of the Last Will of Daniel Swartz deceased.


Proceedings had before the Hon B C Waters, Judge of the Probate

Court within and for the County of Delaware and State of

Ohio at his office in the Court House on the 19th day of

December AD 1870.

And thereupon the following order was made in the Journal

as follows to-wit:

Will and Estate of Daniel Swartz deceased -

This day the last will and Testament of Daniel Swartz

deceased was presented for Probate & record, whereupon Dr.

Abraham Blymire and David Humphries, the subscribing

witnesses thereto came into Court and were duly sworn and

examined and their testimony reduced to writing and annexed to

the will and filed therewith: and it appearing to the Court that

the Said will was duly executed and attested and that the

Said Daniel Swartz was at the time of executing the same of

full age and of sound mind and memory and not under

any restraint. It is therefore considered and ordered that the

said will be admitted to Probate and Record as duly

proved as the last will and Testament of the said Daniel

Swartz deceased and be recorded as such: And thereupon

William Seigfried and Thomas Slough the Executors named in

the will, gave bond in the sum of $25000 with A. Blymyer &

James Cox as their sureties Bond accepted. Letters issued and no appraiser opt.

B.C. Waters P. J.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 154)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 154)

Description

[page 154]

[corresponds to labeled page 121 of Will Records Vol. 5 1869-1876]


121

Record of the Last Will of Daniel Swartz, decd -

Copy of Will.

In the name of the Benevolent Father of All: I Daniel Swartz

do make and publish this my last will and Testament.

Item First:

I give and bequeath to my son-in-law, William

Siegfried my South farm having the brick house and stone

barn and containing about one hundred and twenty five

acres in consideration that he pay to Sarah Emily Graham

when she arrives at the age of twenty one Five Hundred

dollars and to Margaret Alms Grahm Five Hundred

dollars when she arrives at the age of Twenty one. and

to John Charles Graham Five Hundred dollars when he arrives

at the age of twenty one And to Daniel Edward Graham

Five Hundred dollars when he arrives at the age of twenty

one and to Lewis Reverdy Graham Five Hundred dollars

when he arrives at the age of twenty one. All children

of Lewis Graham by my daughter Ellamina, And to

Clara Annetta Miller One Thousand dollars when she

arrives at the age of twenty one and to Hosea Ellsnk

Miller One Thousand dollars when he arrives at the age of

twenty one both Children of Daniel Miller by my

daughter Caroline reserving to my wife the two north rooms

in the brick house for her own use as long as She may live

the said sums drawing no x under any circumstances

until after my decease and conditional further that said

William Seigfried furnish my said wife Sarah all wood

and eatables and do her washing and mending and furnish

her a horse and buggy whenever she wishes one to go around.

Item Second:

I devise and bequeath to my son-in-law Thomas

Slough my north farm having a stone house and containing

one hundred and twenty four acres of land in consideration that

he pay thirty five hundred dollars as follows: To each of the

following named children as they become of the age of twenty on

years of age Five Hundred dollars Sarah Emily Graham

Margaret Alma Graham John Charles Graham David Edward

Graham and Lewis Reverdy Graham and to Clara Amsten Miller

and Hosea Ellsworth Miller - in no case interest or principle

to be paid until after my decease or the above named sums,

reserving the two north rooms in the Stone house for my

said wife Sarah and for her own use as long as She may live

and conditioned further that the said Thomas Slough shall

furnish my said wife Sarah all wood and eatables and

board do her washing and mending and a home and buggy

whenever she may wish to ride.

Item Third:

I give and devise to my ^said wife Sarah in lieu of her
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 155)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 155)

Description

[page 155]

[corresponds to labeled page 122 of Will Records Vol. 5 1869-1876]


122

Record of the Last Will of Daniel Swartz, decd


dower in the farm aforesaid all my goods, chattles, monies

personal property of every description, notes, bonds and

mortgages for her own use and benefit as long as he may

live and after her death to be divided into four equal shares

to be distributed as follows: One share to William Seigfried

One share to Thomas Slough, one share to the children of

Lewis Graham, equal parts and one share to the children of

Daniel Miller in equal parts. The above distribution to be

made by my Executors after my said wife decease.

Item Fourth

I do hereby nominate and appoint William

Seigfried and Thomas Slough, Executors of this my last

will and Testament hereby authorizing them and empowering

them to adjust release and discharged in such manner as

they may deem proper the debts and claims due me and

settle all debts as may be right and proper. I devise that

no appraisement and no sale of my personal property be made

and that the court of Probate direct the omission of the

same in persuance of the Statute.

I do hereby revoke all former wills by me made.

In testimony hereof I have and do hereunto set my

hand and seal this sixth day of September AD 1869.

Signed and acknowledged by said Daniel Swartz as

his last will and Testament in our presence and signed

by us in his presence.

A. Blymeyer } Daniel Swartz {seal}

David Humphries }

Proof of Will.

The State of Ohio }

Delaware County ss }

In the matter of the last Will and Testament of Daniel Swartz

of Delaware Township and County deceased:

We Abraham Blymer and David Humphries being duly sworn

in open Court this 19th day of December AD 1870, depose and say

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

testament of Daniel Swartz of Delaware Township hereunto

annexed, bearing date Sixth day of September 1869: that we

saw said testator subscribe said will, and heard him

publish and declare the same to be his last will and tes-

tament, and that the said testator, at the time of execution,

the Same was of full age and of sound mind and memory

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

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

of each other.

A. Blymyer

David Humphries

Sworn to and subscribed before me, in the Probate Court

this 19th day of December AD 1870. BC Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 156)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 156)

Description

[page 156]

[corresponds to labeled page 123 of Will Records Vol. 5 1869-1876]


123

Record of the Last Will of Joseph Linnabary, deceased


Proceedings had before the Hon B.C. Waters Judge of the Probate

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

at his office in the Court House in the Town of Delaware on the

14th day of February A.D. 1871.

And thereof to-wit on the said 14th day of February A.D. 1871

the following order was made in the Journal as follows to-wit.

February 14th 1871, Will and Estate of Jos. Linnabery deceased

This day the last will and testament of Joseph Linnaberry deceased

was presented for Probate Record whereupon Daniel Hunt and Deni-

son Johnson the subscribing witness thereto come and were duly

sworn and examined and there testimony reduced to writing

and annexed to the will and filed therewith and it appearing to

the Court that the said will was duly executed and attested and

that the said testator Joseph Linnabary was at the time of executing

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

and not under any restraint: It is therefore considered and or-

dered that the said will be admitted to Probate and Record as

duly proved as the last will and testament of the said Jos. Lin-

nabery deceased - And at the same time came Massa Linnabery

widow of said Joseph Linnabery and the executive named in the

will and declined the said trust and asked the Court to appoint

Eri Linnabery as Administrator with the will annexed which was

accordingly done and the said Eri Linnabery gave a bond in

the sum of Six Thousand dollars with Daniel Hunt and Den-

son Johnson as his sureties and the Court appoint Denison Johnson

and E.H. Hunt and Riley Groves appraisers. Said bond accepted

and letters issued. B.C. Waters

Probate Judge.

Copy of Will.

In the name of the Benevolent Father of all; I Joseph Linnabery

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

publish this my last will and testament.

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

dower the farm on which we now reside situate in Harlem Township

Delaware County State of Ohio containing about ninety seven acres

during her natural life and the Stock Household goods Furnature,

Provisions and other goods and Chattles which may be thereon at

the time of my decease during his natural life as aforesaid. She

however selling so much thereof as may be sufficient to pay my

Just debts -

Item - I appoint and make the said Massa Linnabery my beloved

wife Executrix of my last will and testament to control with the

above will as she pleases. At the death of my said wife the Real

Estate aforesaid and such part of the said personal property or

the proceed thereof as may remain unconsumed and unexpended

And I appoint and make the said Eri Linnabery and Edson

Linnabery Administrators to divide equally among my heirs.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 157)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 157)

Description

[page 157]

[corresponds to labeled page 124 of Will Records Vol. 5 1869-1876]


124

Record of the Last Will of Joseph Linnabery decd


In testimony whereof I have hereunto set my hand and seal

this first of October A.D. 1870.

Joseph Linnabery.

Signed and acknowledged by said Joseph Linnaberry as his last

will and testament in our presence and signed by us in

his presence. Daniel Hunt.

Denison Johnson.

Proof of Will.

the State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Joseph Linnabary late of Harlem Township deceased.

We Daniel Hunt and Denison Johnson being duly

sworn in open Court this 14th day of February A.D. 1871. depose

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

and testament of Joseph Linnabery of Harlem Township Del.

aware County Ohio hereunto annexed bearing date First day of

October 1870; that we saw the said testator subscribe said will

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

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

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

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

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

the presence of each other. Daniel Hunt.

Dennison Johnson.

Sworn to and subscribed before me in the Probate Court this

14th day of February A.D. 1871. B.C. Waters.

Probate Judge.

___________________________________________________


Record of the Last Will of Samuel Dowell deceased.


Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

office in the Court House in the Town of Delaware on the 20th day

of February A.D. 1871.

And thereupon to-wit on the said 20th day of February the

following order was made in the Journal as follows to-wit:

February 20th 1871.

Will and estate of Samuel Dowell deceased -

On this day the last will and testament of Samuel Dowell of Del-

aware County, deceased was presented for Probate and Record whereupon

P.C. Beard and Columbus D. Pierce the subscribing witnesses thereto

came and were duly sworn and examined and their testimony reduced

to writing and annexed to the will and filed therewith. And it

appearing to the Court that said will was duly executed and

attested and that the said testator Samuel Dowell was at

the time of executing the same of full age and of sound
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 158)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 158)

Description

[page 158]

[corresponds to labeled page 125 of Will Records Vol. 5 1869-1876]


125

Record of the Last Will of Samuel Dowell decd


mind and memory and not under any restraint. it is

therefore considered and ordered that the said will be admitted to

Probate and Record as duly proved as the last will and testament

of the said Samuel Dowell deceased. And at the same time

George Deets Executor named in the will gave bonds in the

sum of Eight Thousand Eight Hundred dollars with


Copy of the Will.

In the name of the Benevolent Father of us all I Samuel

Dowell of Delaware County Ohio considering the uncertainty

of life and the certainty of death and being of sound mind

and ^good memory and lawful age do make and publish this my

last will and testament.

Item 1st I devise that my Just debts be paid out of my

personal property.

Item 2d I do hereby give and bequeath to my much respected

wife Mary M. Dowell all the household goods of every description

belonging to her and me at my death

Item 3d I hereby give and bequeath to my much respected

friend George Deets all my real estate in Porter Township Del-

aware County Ohio during his natural life. After his death

I devise that his daughters Mary A Deets and Clarisa D. Deets

have all my real estate after the death of said George Deets

to be kept and owned by said daughters as long as either or

both of them shall live then to descent to their heirs according

to law -

Item 4th I devise that my friend George Deets maintain me

and my much respected wife during our natural lives and

the longest lived of us and in case said Deets should not out-

live both of us the property herein willed to said Deets to

be bound for the maintenance of myself and wife -

Item 5th I give and bequeath to my much respected friend

George Deets all my personal property at my decease-

Item 6th I hereby nominate and appoint my friend George Deets

Executor of this my last will and testament authorizing and

empowering him if it becomes necessary to adjust the claims and

debts due me and to sell any or all of my personal property

in order to pay my just debts and titles for the same to make

and execute. I devise that no appraisement of my property be

made and that the Judge of Probate direct the omission of the same

according to the statutes in such cases made and provided-

In testimony whereof I have hereunto set my hand seal in pres-

ence of P.C. Beard and Columbus D. Pierce this 10th day of Feby,

A.D. 1870. Samuel x Dowell {Seal}

Signed and acknowledged by said Samuel Dowell as his last will

and testament in our presence and by us in his presence this 10th
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 159)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 159)

Description

[page 159]

[corresponds to labeled page 126 of Will Records Vol. 5 1869-1876]


126

Record of the Last Will of Samuel Dowell decd


day of February A. D. 1970 P.C. Beard

Columbus D. Pierce

Proof of Will

The State of Ohio }

Delaware County ss }

In the matter of the last will and testament

of Samuel Dowell deceased, Mr. P. C. Beard and Columbus D.

Pierce being duly sworn in open Court this 20th day of February

A. D. 1871 depose and say that we were present at the execution

of the last will and testament of Samuel Dowell deceased

of Delaware County hereunto annexed, bearing date 10th day

of February A.D. 1870; that we saw said testator subscribe

said will and heard him publish and declare the same to be

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

time of executing the same was of full age and of Sound

mind and memory and not under any restraint and that we

signed the same as witness of his request and in his presence

and in the presence of each other.

P. C. Beard

Columbus D. Pierce

Sworn and subscribed before me in the Probate Court this

20th day of February A.D. 1871. B.C. Waters

Probate Judge.


Record of the Last Will of Maria Thompson deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

Office in the Court House in the Town of Delaware on the 10th day

of April A D 1871

Will and Estate of Mrs Maria Thompson decd

On this day the last will and testament of Maria Thompson

Delaware County decd will presented for Probate and Record

Whereupon R C Hand and S.M. Bright the subscribing Witnesses

thereto and were duly Sworn and their testimony reduced to

writing and annexed to the will and filed therewith and it

appearing to the Court that the Said Will was duly Executed

and attested and that the Said testator at the time of Executing the

Same was of full age and of Sound mind and memory and

not under any restraint it is therefore considered and ordered

that the Said Will be admitted to Probate and Record as duly

proven as the Last Will and testaments Maria Thompson

decd & at same time came Henry Rent Executor named

in the will and gave Bonds in the Sum $3000 with

Perry Kenyon and W.T. Watson as his Sureties Bond accepted

letters issued etc B. C. Waters Probate

Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 160)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 160)

Description

[page 160]

[corresponds to labeled page 127 of Will Records Vol. 5 1869-1876]


127

Record of the Last Will of Maria Thompson decd


In the name of the Benevolent Father of all

I Maria Thompson of Delaware County Ohio do make this my Last Will

and testament

Item 1st It is my will that all expenses of my Sickness and Burial including

a good respectable Tomb Stone Shall be first paid

Item 2nd If there Should be anything left after paying the above I give to

my Sister Phebe Rust Four Hundred Dollars $400

Item 3rd If there Shall be anything left after paying the above amts

specified I give to Emily Kenyon Twenty five dollars $25.00

I give to Larry Janes Twenty five dollars $25.00 I give to Andrus twenty

five dollars $25.00 I give to Aurelia Valentine Twenty five dollars $25.00

I give to Hubert A. Janes Fifty dollars $50.00 I give to Henry Rust

Fifty dollars $50.00

Item 4th If after paying my expenses as Specified in Item A and giving to

Phebe Rust as specified in Item 2nd There shall not be a Sufficient

Amount to pay as Specified in Item 3d to Rev Peorata of whatever amt

there may me be Left

Item Fifth If there is Sufficient to pay as Specified in Items 1st and 2d + 3d then

I give to my Sister Phebe Rent all that may remain of any money

or credits belonging to me

Item 6th I do hereby nominate Henry ^S. Rust Executor of this my last will

and testament hereby authorizing him to adjust in Such a

manner as he may deem proper the debt and claims due

me In testimony hereof I have hereunto Set my hand

and Seal this Sixth day of March AD in the year one Thousand

her

-d Eight Hundred and Seventy one } Maria + Thompson

Signed and acknowledged by Said } Mark

Maria Thompson as her last will }

and testaments in our presence }

and signed by us in her Presence }

R.C. Hall }

S M Bright }

The State of Ohio Delaware County Ss

In the Matter of the last will and testament of Mrs Maria Thompson of Berlin

Township Delaware county deceased We R C Hall and S M Bright

being duly Sworn in open Court this 10th day of April AD 1871 depose and

Say that we were present at the Execution of the last Will and testaments

of Mrs Maria Thompson of Berlin Township of said County hereunto

annexed and bearing date Sixth of March 1871 that We Saw the said

testator Subscribe Said Will and heard her publish and declare the

the same to be her last will and testament and that the Said testator

at the time of Executing the Same was of full age and of sound mind

and memory and not under any restraint and that we Signed

Signed the Same ^as witnesses at Her request and in her presence and in the presence

of each other R.C. Hall]

Sworn to and Subscribed before me ^in the Probate } S.M. Bright

Court this 10th day of April A D 1871

B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 161)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 161)

Description

[page 161]

[corresponds to labeled page 128 of Will Records Vol. 5 1869-1876]


128

Record of the Last will of John Shultz deceased


Proceedings had before the Hon B.C. Waters Judge of the Probate

Court within and for the county of Delaware and State of Ohio

at his office in the Court House in the town of Delaware on the

2d day of February A D 1871


Will and estate of John Shultz deceased

On this day the last will and testament of John Shultz of Delaware

County deceased were presented for Probate and Record Whereupon

Hugh Cole and Mathias Elee the Subscribing witnesses thereto

Came into open Court and were duly Sworn and there testimony

reduced to writing and annexed to the Will and filed therewith

and it appearing to the court that Said Will was duly Executed

and attested and that the Said Testator John Shultz at the time of

Executing the Same was of full age and of Sound mind and

memory and not under any restraint it is there considered and

ordered that the Said Will be admitted to Probate and and Record

as duly Proved as the Last Will and testament of John Shultz

deceased and at the Same time Came Solomon Roger Executor

named in the Will and Gave Bond in the Sum of $12000 dollars

With Hugh Cole and Mathias Elee as his Surities Bond accepted

letters issued etc B.C. Waters Probate Judge


Copy of Will of John Shultz

In the name of the Benevolent Father of all I John Shultz of the

County of Delaware and State of Ohio do make this and Publish

this my last will and testaments

First I bequeath to my beloved Wife the full possession of my

Farms and all the Stock which is on the Said farms and as much

as much of the Proceeds as Will be required for the consumption of herself

and Family So long as She may live and the over plus is to be sold

by my Administrator Solomon Roger and the money to be put out

on Interest for my heirs and my Administrator is to have the oversite

and Management of my farms and Stock and the Proceeds of the Same

2d I give to my Son Emanuel Shultz within one year five dollars to

my Son J. P. Shultz five dollars to G. W. Shultz five dollars and to

Daniel Shultz five dollars and to J. F. Shultz one Bay Horse two

years old part which he now claims as a present from his Father

and five dollars in money and to my son Wm. H. Shultz and to my

Son F. M. Shultz one Hundred dollars each at the age of nineteen

if they are good and faithful to their mother as during her natural life

and I give to my Daughter Lucinda Jane Cline five dollars and to

Lovina Stene five dollars and to Daughter Mary Ann Strine

one hundred and five dollars and to Lydia Ellen Hunter one Hundred

and five dollars Clarra Bell Shultz one Hundred and five dollars

when She is Eighteen years old and at the death of my beloved

wife my Administrator is to Sell all of my property chattles and

real to the highest Responsible Bidder and after paying all necessary

expenses then to divide all equally between Said Heirs and I do

appoint Solomon Roger my Legal Administrator to Settle
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 162)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 162)

Description

[page 162]

[corresponds to labeled page 129 of Will Records Vol. 5 1869-1876]


129

Will and Estate of John Shultz decd

my estate between my Said Heirs

This 2d of February 1871

Signed and Acknowledged by said

John Shultz Signed John Shultz

Signed and acknowledged by

Said John Shultz in his Last

Will and testaments in our

presence and in his presence

Attest Hugh Cole

Mathias Elee

The State of Ohio Delaware County ss

In the matter of the last Will and testaments of John Shultz of Marlborough

Township deceased

We Hugh Cole and Mathias Klee being duly Sworn

in open Court this 28th day of March A D 1871 depose and Say that we were

present at the Execution of the last Will and testaments of John Shultz

Of Marlborough Township hereunto annexed bearing date 2nd day of

February A D 1871 that we Saw the Said testator Subscribe Said Will and heard

him publish and declare the Same to be his last will and testaments

and that the Said testator at the time of Executing the Same was of full age

and of Sound mind and memory and not under any restraint and

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

and in the presence of each other Hugh Cole

Mathias Elee

Sworn to and Subscribed before me in the Probate Court this 28th

day of March A D 1871 B.C. Waters Probate Judge

___________________________________________
___________________________________________

Record of the Last Will of William Miller decd

Record of the last Will of William Miller decd

Proceedings had before the Hon Ben. C. Waters Judge of Probate Court

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

in the Court House in the Town of Delaware on the 24th day of March

AD 1871
Will and estate of William Miller deceased

on this day the last Will and Testaments of William Miller deceased were

presented for Probate and Record Whereupon Edward Blain & Peter

Clard the Subscribing witnesses thereto and were duly Sworn and their

Testimony reduced to writing and annexed to the Will and filed therewith

and it appeared to the Court that Said Will was duly Executed and

attested and that the Said testator at the time of Executing the same was

of full age and of Sound mind and memory and not under any restraint

it is therefore considered and ordered that the Said Will be admitted to

William Miller decd.

B C Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I William
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 163)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 163)

Description

[page 163]

[corresponds to labeled page 130 of Will Records Vol. 5 1869-1876]


130

Record of the Last Will of William Miller decd


Miller of Harlem Township Delaware County Ohio do make and

publish this my last will and testament

Item 1st I Give and devise to my beloved wife in lieu of her dower one Home

and two Lots Situate in Centerville Delaware County Ohio contained

about acres to my Said wife for Ever and all Stock household

goods furniture provisions and other Goods and Chattle which may be

thereon at the time of my decease forever as aforesaid She however Selling

So much thereof as may be Sufficient to pay my Just debts

Item 2d I do hereby nominate and appoint my beloved Wife Guardian of

my son Henry H Miller until the Said Henry H Miller arrives at the age

of twenty one or intermarries but in case my Should again Marry

her guardianship of said child shall cease and determine upon her

intermarrying my Guardians are hereby enjoined to give my

Child Henry H Miller a good english Education and to rear him in

Habits of industry and inculcate upon him as far as may be duties

of Christianity

I do hereby revoke all former wills by me made the testimony

Whereof I have hereunto set my hand and Seal this 17th day of

March in year of our Lord one thousand Eight hundred and

Seventy one Signed and acknowledged by Said William Miller

as his last Will and testaments in our presence and Signed by

us in his presence his

William x Miller

Edward Blain mark

his

Peter x Clark }

mark } The State of Ohio Delaware County Ss

In the Matter of the last will and testament of William Miller decd

We Edward Blain and Peter Clark being duly Sworn in open

Court this 24th day of March AD 1871 depose and say that we

were present at the Execution of the Last Will and testament of

William Miller of Harlem Township Delaware County hereunto

annexed bearing date 17th day of March 1871 that we Saw the

Said testator Subscribe Said William heard him publish and

declare the Same to be his Last Will and testament and that

the Said testator at the time of executing the Same was of full

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

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

his presence and in the presence of each other

Edward Blain

his

Peter x Clark

Sworn to and subscribed before me in the Probate Court this 24th

day of March A.D. 1871 B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 164)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 164)

Description

[page 164]

[corresponds to labeled page 131 of Will Records Vol. 5 1869-1876]


131

Record of the Last Will and testament of Ira Blackman deceased


Proceedings had before the Hon Ben C. Waters Judge of the Probate Court

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

the Court House in the Town of Delaware on the 1st day of April AD 1871


Will and Estate of Ira Blackman deceased

This day the last Will and testament of Ira Blackman deceased was

presented for Probate and Record and it appearing to the Court that Pence

one of the Subscribing witnesses thereto is now deceased and that W.C. Pence

has removed to the State of California and that his Post office address is to the

Court unknown thereupon Came Henry Hodgsen Henry Sherman Benjamin

Benedict and Horace Plumb who being duly Sworn and there testimony

reduced to writing and annexed to the will and filed therewith depose and say

that they are acquainted with the Hand Writing of the Said Ira Blackman

and David Pence and W.C. Pence and upon there oaths Say that

the Signature of the Said Ira Blackman testator and David Pence

and W C Pence are Genuine. It is therefore considered and ordered

that the Said Will be admitted to Probate and Record as the will of

Ira Blackman decd as duly Proved as the Last Will and testament

of the Said Ira Blackman decd and the Executor named in the will

came into Court and accepted Said trust and Gave Bond in

the Sum of $12000 dollars with Benjamin Benedict and Horace

Plumb as his Surities Bond accepted and letters Issued &c

B C Waters Probate Judge


Copy of the Will

I Ira Blackman of Kingston township Delaware County and

State of Ohio being of Sound mind do make and ordain

this my Last will and testament

Firstly It is my Will that my funeral expenses Shall be paid

Secondly All Just debts Shall be fully Paid

Thirdly I give and bequeath to my beloved Wife Sally all my personal

or moveable property to her own use and benefit forever to use

and dispose of as She Shall desire. This is to be understood

and construed that what personal property Shall remain after

the debts and expenses are paid out of the Same

Fourthly I give and bequeath to my Said Wife Sally the use of all the real Estate

during her natural life She is to have all the crops rents and to

use what timber She may need

Lastly I do hereby appoint my Said wife Sally and Henry Hodgden to be

my executor for this my first will and testament

In testimony whereof I have hereunto Set my name and affixed

my Seal this Sixteenth day of January Eighteen Hundred and thirty

Eight Ira Blackman {seal}

Signed published and declared by the above named Ira Blackman

as and for his last will and in presence of us who at his request

have signed and witnessed the same

David Pence

W C Pence
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 165)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 165)

Description

[page 165]

[corresponds to labeled page 132 of Will Records Vol. 5 1869-1876]


132

Record of the Last Will of Ira Blackman deceased

The State of Ohio Delaware County Ss

In the Probate Court in the matter of the Last will and testament

of Ira Blackman deceased Hereunto annexed bearing date Sixtee

-nth day of January Eighteen Hundred and thirty Eight and

witnessed by David Pence and W.C. Pence the Said David

Pence now deceased and the Said W.C. Pence whose Residence

is some where in the State of California whose Post office

address to us is unknown but we are acquainted with the Signa

-ture of the Said Ira Blackman and also of the Subscribing

Witnesses thereto and are Satisfied that they are Genuine

and are in the hand writing of the Said Ira Blackman and

David Pence and W C Pence as we hereby believe

his

Benjamin x Benedict

mark

Henry Hodgden

Henry Sherman

Horace Plumb

Sworn to and Subscribed before me this first day of April

AD 1871 B.C. Waters Probate Judge

_________________________________________


Record of the Last Will of Martin Shoub decd

Proceedings had before the Hon B.C. Waters Judge of the Probate

Court within and for the County of Delaware and State of

Ohio at his Office in the Court House in the Town of

Delaware on the 8th day of April AD 1871

And thereupon on Said 8th day of April 1871 the following

order was made in the Journal as follows to wit

Will and Estate of Martin Shoub deceased

This day the Last Will and testaments of Martin Shoub decd

was presented for Probate and Record Whereupon Sylvester

Latimer and John Moses The Subscribing Witnesses thereto came

and were duly Sworn and Examined and their testimony reduced

to writing to writing and annexed to the Will and filed therewith

and it appeared to the Court that the Said Will was duly

Executed and attested and that the Said Testator Nathan Shoub

was at the time of Executing the Same of full age and of sound

mind and memory and not under any restraint It is therefore

considered and ordered that the Said Will be admitted to Probate

and record as duly Proved as the Last Will and testaments of

the Said Martin Shoub and be recorded as Such no Letters issued

at this time nor bond Given B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of All amen

I Martin Shoub of Delaware Ohio do make and

publish this my Last Will and testaments

First I desire that all my Just debts funeral expenses and the

Costs of Administration on my Estate for the first year after
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 166)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 166)

Description

[page 166]

[corresponds to labeled page 133 of Will Records Vol. 5 1869-1876]


133

Record of the Last Will of Martin Shoub deceased

my decease be paid out of my personal Property

Second I make no devise to my beloved wife but leave her to take her rights

according to and under the Law in my estate - the Same as if I made no

Will

Third I devise and bequeath to my Son John Shoub and his heirs the Bond I hold

against the Incorporated Village of Delaware bearing date August 24th 1854,

payable to me with 10 percent interest March 1st 1855 and calling for eight

Hundred dollars I allow him that amount for his services rendered to me

Since he arrived of age - and to each of my daughters Elizabeth and Mary

Ann two beds and bedding each to be Selected by them out of the beds and

bedding left by me at my decease in the Hotel now occupied by me in

the Town of Delaware Ohio and to wit Said bequests are in no event to be

deducted from their Shares or interest in my Estate hereinafter described

Fourth The residue of my personal property (that is all my personal

property of every name and nature after deducting therefrom the payment

of my Just debts the portion allowed my wife in case no will was made by me

of Said property and her years Support after my decease the costs of Administration

on my estate for one year after my decease the property hereinbefore devised

to my Son John Shoub and daughters Elizabeth and Mary Ann) I desire

and bequeath as follows that is to Say to my Son John Shoub and his heirs

the one Sixth part thereof to my daughter Elizabeth Shoub and to her

heirs the one Sixth part thereof and to my son Henry A. Shoub and to

his heirs the one Sixth part thereof to my Son William M. Shoub

and his heirs the one Sixth part thereof -- for the use advantage and

benefit of my daughter Mary Ann under the restrictions and

conditions hereinafter mentioned the one Sixth part thereof and

out of the remaining one sixth part thereof I devise and bequeath to

the wife of my Son Samuel Shoub and each of her children by Said

Samuel Shoub who shall be alive at the time of my decease the

Sum of One hundred dollars each and the balance of Said one

Sixth part to my Son Samuel Shoub and his heirs

Fifth I will and devise that my real Estate shall remain undivided

during the natural life of my beloved wife during which

period the Same Shall be under the control of my executor or

his successor in trust -- My Said Executor of his Successor in

trust as the case may be Shall rent Said real Estate to the best

advantage and collect the rents and out of the same Shall pay

all taxes assessments Insurance and necessary repairs on Said

property and reasonable fees for his Services and of the balance

of Said rents left he Shall ^Pay over to my Wife one third part and the

residue Shall be equally divided between my Six Children or

in the case of the death of any of them to his or her heirs at Law

descending from this testator Said executor or his successor in

trust as aforesaid Shall Settle and pay over the rent as herein

directed as often as once a year during the natural life of

my Said wife aforesaid -- At the death of my Said wife all my

real Estate I Give and devise as follows to my Son John

Shoub and his heirs the one Sixth part thereof to my Son
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 167)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 167)

Description

[page 167]

[corresponds to labeled page 134 of Will Records Vol. 5 1869-1876]


134

Record of the Will of Martin Shoub deceased

Samuel Shoub and his the one Sixth part thereof to my

Son Henry A. Shoub and his heirs the one Sixth part thereof to

my Son William M Shoub and his heirs the one Sixth part

thereof to my Daughter Elizabeth Shoub and her heirs the one

Sixth part thereof and the other Sixth part thereof to my daughter

Mary Ann Heller and her heirs under the Limitations and restrictions

hereinafter Specified

Sixth I will devise and direct that my Executor or his Successor

in trust shall hold in trust that portion of my personal property

hereinbefore bequeathed for the use benefit and advantage of

my daughter Mary Ann and that he Shall place the Semetha

Same at interest on Good and Sufficient Security or otherwise

invest in a safe and prudent way the Same and yearly pay over

to her the interest on the same during the time She remains

married - but of Said Mary Ann should become a widow or

otherwise an unmarried woman then the principal as well

as the interest is to be paid over to her unconditionally as her own

property and Should She die without children before the Same

is paid over to her then the Same Shall be divided equally

among her brothers and Sisters and is hereby bequeathed to

them but Should She leave any children then the Same is

to be paid over to them accordingly and in like manner I devise

and bequeath to my Executor and to his successor in trust for my daughter

Mary Ann the real estate hereinbefore devised to her and her heirs

Said Executor and his successor holding the Same in trust for my Said

daughter Mary Ann and her heirs and Should it become necessary

to Sell her portion of Said real Estate in the partition thereof at the

death of my wife then the proceeds of Said Share Shall be considered

as included in the devise will and directions hereinto fore Stated

in reference to the personal property bequeathed to the use advantage

and benefit of Said Mary Ann but in case the Same is not sold then

the Said Share of Land Shall be held in trust by my Said Executor and

his Successor for Said Mary Ann Said Executor Shall rent the Same

and pay over to her yearly the rent after deducting the taxes and other

necessary expenses and in case She becomes a widow or a married

woman then said trustee Shall convey Said Land to her and to her

heirs and assigns and She Shall hold the Same accordingly

Should She die leaving children then Said Child or children are

hereby bequeathed Said Share unless Said Mary Ann shall have already

have become in possession of the Same by reason of widowhood

or being married in case Said Mary Anne dies without children and

She Shall not have become in possession of Said real Estate in

consequence of being a widow or otherwise devided then her Said

Shall aforesaid Shall devide equally among her brothers and Sisters

Seventh Thereby nominate and appoint my Son John Shoub Executor of this

my Last Will and testament and hereby give him full Power to call

out in all particulars the foregoing will and name the lord Executor

heretofore I have had reference to the Said John Shoub as my Executor
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 168)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 168)

Description

[page 168]

[corresponds to labeled page 135 of Will Records Vol. 5 1869-1876]


135

Record of the Will of Martin Shoub decd


and in using the words Successor I have had reference to Such persons

as the Court of Probate would appoint and equally on my Estate in case Said

John Shoub Should decline resign be removed or become in competent in

his place or the place of such Successor or Successors

Eighth Should my estate be Settled before my Daughter Mary Ann becomes

a widow or otherwise unmarried then in that event I authorize the Probate Court

Court of Common Pleas of Delaware County as the Law may direct or

authorize to appoint trustees to appoint a Suitable trustee for my daughter

Mary Ann who shall receive from my Said Executor or his Successor the Said

Mary Anns Share of Said property to manage and control as hereinbefore Stated

and Subject to the Same restrictions conditions and limitations as hereinbefore

Stated

In witness whereof I have hereunto Set my hand and Seal

this 14th day of February A.D. 1859. Martin Shoub {seal}

Signed Sealed and acknowledged by Said Martin }

Shoub as his Last Will and testament in our presence }

and Signed by us in his presence this 14th day }

of February A.D. 1859. }

John Moses }

Sylvester Latimer }

The State of Ohio }

Delaware County Ss } In the matter of the Last Will and testament of

Martin Shoub deceased We John Moses and Sylvester Latimer

being duly Sworn in open Court this 8th day of April AD 1871

depose and Say that we were present at the Execution of the Last

Will and testament of Martin Shoub of Delaware deceased

hereunto annexed bearing date 14th day of February 1859 that we

Saw the Said testator Subscribe Said will and heard him

publish and declare the Same to be his Last Will and testament

and that the Said testator at the time of Executing the Same

has of full age and of Sound mind and memory and not under

any restraint and that we signed the Same as witnesses

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

other John Moses

Sylvester Latimer

Sworn to and Subscribed before ^me in the Probate Court this

8th day of April A.D. 1871 B.C. Waters Probate

Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 169)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 169)

Description

[page 169]

[corresponds to labeled page 136 of Will Records Vol. 5 1869-1876]


136

Record of the Will of John Houg deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

at his office in the Court House in the Town of Delaware on the

3d day of May AD 1871

Will and Estate of John Houg deceased

This day the Last Will and testament of John Houg deceased

was presented for Probate and Record Whereupon Tobia Frederick

Reicherts Henry J. Eaton and Tobias Reicherts the Subscribing

witnesses to the Will and Also Henry J Eatun and William

P. Reid the Subscribing Witnesses to the Codicil to Said will

and there testimony reduced to writing and annexed to the

Will and pled therewith it appearing to the Court that the

Said Will and the Codicil thereto was duly Executed and

attested and that the Said testator John Houg was at the time

of Executing the Same of full age and of Sound Mind and

Memory and not under any restraint It is therefore

considered and ordered that the Said Will be admitted to

Probate and Record as duly Proved as the last will and testament

of the Said John Houg decd and be recorded as Such and

at the Same time Came Charles Wottring Executor named

in the Will and Gave Bond in the Sum of nine Thousand

dollars, with Frederick G. Albright and CF Renner as

his Surties and the Court Appoint C.F. Renner James

Armstrong and Joseph Souble Appraisers Bond accepted

Letters Issued B.C. Waters Probate Judge

Copy of the Will

On this 6th day of June in the year of our Lord Eighteen

and Sixty two I John Houg of the Township of Delaware

in the County of Delaware State of Ohio do make and declare

that this which is herein written is my last will and testament

Item 1st I do Give and bequeath to my beloved wife Christina Hough

absolutely in fee Simple the one undivided half of part of

the homestead farm on which we live at this time Situated in

Delaware township Delaware County State of Ohio containing

about Eighty three and a half acres of which about 3 1/2 acres is

occupied by the Cleveland Columbus and Cincinnati Railroad

Company leaving a residue of about 80 acres which farm is made

up of several smaller connected tracts purchased by me of

different persons and conveyed by deeds of different dates but all

form one connected farm part of which is in Section number one

of Township number four and part in Section four Township

five all in Range nineteen United States Military Survey in

in Delaware Township reference may be had to the record of the

deeds to me of Said land in the Recorders office of Said County

I further devise and bequeath to my Said wife Christian Hough

the use during her natural life of the other undivided half

part of said homestead farm to have the Sole use and benefit
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 170)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 170)

Description

[page 170]

[corresponds to labeled page 137 of Will Records Vol. 5 1869-1876]


137

Record of the Will of John Houg decd


of the Same So long as She Shall live Said last mentioned undivided

half of homestead farm at the death of Said Christian Hough is to be disposed

of by my Executor as herein after Set forth I further Give devise and bequeath

to my Said wife all the household furniture and provisions which may be on hand

for use of family at my death also one Share of the capital Stock of the Cleveland

Columbus and Cincinnati RailRoad company also one half of the net Proceeds)

after deducting the expenses of collecting including the expenses of administration

thereof) of all Sums that may be owing to me at my death whether the Said

indebtedness is in the form of notes or accounts or in any other form

also the Sum of thirty Six (36) dollars per annum of the annual in come from the

house and Lot in the Town of Delaware hereinafter more full described

out of which Sum She is to pay one half of the taxes on Said Property as

hereinafter Sealed

Item 2d I do Give devise and bequeath to Louis Hough Caroline Houg and Frederica

Houg daughters of my deceased brother Frederick Houg my house and Lot

in the town of Delaware (located part) in the County of Delaware Ohio being the

S.W part of outlot No fifteen (15) having a front on Sandusky Street of four rods

and runing back ten rods Same property deeded to me by John J. Reicherts &

wife 26th of October AD 1854 I bequeath the Same to them Jointly in fee Simple

I leave them however each year out of the income from Said property

to pay my Said wife the Sum of thirty Six dollars (36) So long as She Shall live

and I hereby make the Same a charge and lien upon the Said property

my Said wife is to pay one half of the annual taxes on said property

Item 3d Give and devise to Frederick Doeble resident of the State of

Wittenberg Germany Said Doeble being the Son of my deceased Sister

Laura Doeble the Sum of four hundred dollars $400.) to be paid

by my Executor after the death of the said Christina Houg my wife

Item 4th I bequeath and devise to A Margaret of the Town of Delaware Ohio the

Sum of one hundred dollars ($100) to be paid by my Executor after the

death of my Said wife

Item 5th Give and bequeath to Mary Grimmdinger now living with us the Sum

of one hundred and fifty ($150) to be paid by my Executor after the

death of my Said Wife

Item 6th I devise and bequeath to the Missionary Society of the Methodist Episcopal

Church the Sum of two hundred dollars ($200) to be paid after the

death of my Said Wife

Item 7th I devise and bequeath to the German Methodist Episcopal Church

of the town of Delaware Ohio to be paid over by the Said Church to the

Society for the aid and Support of the poor the Sum of one hundre

-d dollars to be paid by my Executor after the death of my Said

wife

I do hereby nominate constitute and appoint Charles

Wottring of the town of Delaware Ohio Executor of this my

Last Will and testament It is my Will and desire that my

Said Executor at my death proceed to Sell at public Sale according

to Law all my farming impliments live Stock and other personal

property if any not herein otherwise disposed of including my

other Share of the Capital Stock of Said Rail Road and also proceeds
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 171)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 171)

Description

[page 171]

[corresponds to labeled page 138 of Will Records Vol. 5 1869-1876]


138

Record of the Will of John Houg deceased

to collect debts owing to me and the proceeds of Said Sale and collections

to loan upon Good Security after first deducting expenses of collections

administration thereon and Expenses of funeral and last sickness and

that portion of debts herein before devised to my wife and to keep

the same so loaned out until the death of my wife then to collect

and apply in the payment of the aforesaid Legacies

It is my will and desire that at the death of my Said wife

my ^said Executor Shall then proceed to Sell that undivided half part of

the home stead farm hereinbefore described and which I have

desired to my said wife only - during her natural life either at

private or public Sale and upon Such terms of payment

as he may deem best and he is hereby fully authorized and

empowered to execute and deliver deed or deeds in fee Simple to the

purchase or purchases thereof and the Proceeds arrive from

Said Sale after paying all necessary expenses he is to apply

in payment of the aforesaid Legacies So much as Shall be

necessary to Satisfy the Same Whatsoever if anything is left of my

estate not hereinbefore devised after paying all Said Legacies and

expenses it is my will that the same be equally divided among

the said Laura Caroline and Frederica Hough and Frederick

Deoble

The property devised herein to my wife is in lieu of

that portion of my property which would fall to her at my death

if I ^had made no will I have no debts to be paid out of my Estate

but if it should happen that the note of Some five Hundred dollars

upon which I am Surety to John J Reicherts to Eckeart Nure

Should not be paid by Said Reicherts and my estate Should

be liable therefore then my Said Wife is to pay the Same prin

-cipal and interest and the Same is not in any way to be paid

out of or be a charge on any property of my Estate Excepting that

herein before devised to my Said wife

I hereby revoke and annual all former wills by

me made In testimony Whereof I have hereunto Set my

hand and Seal this 5th day of June Ad 1862

John Houk {seal}

Signed and acknowledge by the Said

John Houf to be his last Will and testaments

in our presence and Signed by us in his

presence at his ^express request and in the presence of

each other

Tobias Frederick Reichert

Henry J Eaton

Tobias Reichert

The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of John Houk deceased We Tobian Frederick Reichert Henry

J Eaton and Tobias Reichert being duly sworn in open

Court this 3d day of May A.D. 1871 depose and Say that we
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 172)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 172)

Description

[page 172]

[corresponds to labeled page 139 of Will Records Vol. 5 1869-1876]


139

Record of the Will of John Houg deceased


that we were present at the Execution of the ^Last will and testament of

John Houg of Delaware Township in Said County hereunto annexed bearing

date 5th day of June AD 1862 that we Saw the said testator Subscribe

Said Will and heard him publish and declare the Same to be his Last

Will and testament and that the Said testator at the time of Executing

the Same was of full age and of Sound mind and memory and not

under any restraint and that we Signed the Same as witnesses at his

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

Tobias F. Reicherts

Henry J Eaton

Sworn to and Subscribed before me } Tobias Reicherts

in the Probate Court this 3d day of May AD 1871

B.C. Waters Probate Judge

Record of Codicil to John Hougs Will

(Codicil to the foregoing Will)

Whereas I John Houk on the 6th day of June AD 1862 made my Last

Will and testament of that date (hereto attached) and have Since that

time Sold and conveyed away the House and Lot in the town of Delaware

Ohio in Item 2 of Said Will devised to Louisa Houg Caroline Houg

and Frederica Houg more particularly described therein I the Said

John Houg on this eleventh day of May AD 1866 do hereby declare

the following to be a Codicil to the Said Will Whereof the Said

property So devised as aforesaid I do hereby give devise and bequest

to the Said Louis Caroline and Frederica Houg the Sum of Sixteen

hundred dollars ($1600) one thousand dollars thereof to be paid

to them by my Executor at my decease and the remaining by hun

-dred dollars ($600) to be paid to them by my Executor at the decease

of my wife the Said Christina Houg which Said Sum of Six hun

-dred dollars I devise at my decease to be Safely presented by my

Executor and the annual interest accruing thereon I desire him to

pay each year to my Said wife So long as She Shall Live in here

of the thirty Six dollars mentioned in the close of item one

in Said Will which was to have been hers out of the rents of Said

House and Lot now Sold In testimony Whereof I John Houg have

hereunto let my hand and Seal Said 11th day of May AD 1866

John Houg {seal}

Signed by Said John Houg in our presence and acknowledged

by him to us to be a codicil to his last will and testament and signed

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

presence of each other Henry J. Eaton

The State of Ohio } W.P. Reed

Delaware County ss } In the matter of the Last Will and testament

of John Houg Late of the Township of Delaware deceas

We W.P. Reed and Henry J Easton being duly Sworn in

open Court this 3d day of May AD 1871 depose and Say

that we were present at the Execution of the codicil to the
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 173)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 173)

Description

[page 173]

[corresponds to labeled page 140 of Will Records Vol. 5 1869-1876]


140

Record of the Will of John Houg decd

Last Will and testament of John Houg of Delaware Township in

Said County hereunto annexed bearing date 11th day of May 1866 that

we saw the Said testator Subscribe Said Will and heard him

publish and declare the Same to be his last will and testament and

that the Said testator at the time of executing the Same was of

full age and Sound mind and memory and not under any restraint

and that we Signed the Same as witnesses at his request and in

his presence and in the presence of each other

Henry J. Eaton

Sworn to and Subscribed before me in the Probate Court this

3d day of May AD 1871 B.C. Waters Probate Judge

The State of Ohio }

Delaware County ss } In the matter of the last will and testament

of John Houg Late of the Township of Delaware and County of

Delaware deceased I William P Reed being duly Sworn

in open Court this 9th day of May AD 1871 depose and Say

I was present at the ^Execution of Codicil of John Houg hereunto annexed

bearing date 11th day of May 1866 that I Saw the Said testator

Subscribe Said Codicil and heard him publish and declare

the Same to be his last will and testaments and that the Said

testator at the time of Executing the Same was of full age and

So far as I knew or believe at the time was of Sound mind and

Memory and not under any restraint and that I Signed the Same

as Witness at his regret and in his presence and in the

Presence of Said Houg I believe W.P. Reed

Sworn to and Subscribed before me in the Probate Court

this 9th day of May AD 1871 BC Waters Probate Judge

________________________________________________________________

Record of the Will of Lucind Houts deccad

Proceedings had before the Hon B.C. Waters Judge of the

Probate Court within and for the County of Delaware and late of

Ohio at his office in the Court House in the Town of

Delaware on the 10th day of May AD 1871

Will and Estate of Lucinda Houts decd

On this day the verbal Will of Lucinda Houts (now reduced to writing)

was presented to the Court for Probate and Record and thereupon

Came John Bean and Dr David C. Fay the witnesses to the

verbal Will of Said Lucinda Houts came into Court and were

duly Sworn and Examined and their testimony reduced to

writing and annexed to the will as the Same has been reduced

to writing and filed therewith and it appearing to the Court

that on the 16th day of April at her Fathers House She called

on them to witness and take notice what her verbal will was

and then spoke the words of Said Will as the Same is now reduced

to writing and at the time of So Speaking the testamentary words

the Said Lucinda Houts was of full age and of Sound mind and
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 174)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 174)

Description

[page 174]

[corresponds to labeled page 141 of Will Records Vol. 5 1869-1876]


141

Record of the Will of Louisa Houts decd

memory and not under any restraint and on the Same day after Speaking

Said words She died and on the 24th day of April Said testamentary words were

reduced to writing and by them Subscribed It is therefore considered by

the Court that will be and is admitted to Probate and Record as duly

Proved as the Last Will of Lucinda Houts and that it be recorded as

Such no Letters Issued at Present B.C. Waters Probate Judge

Copy of the Will

To all whom it may concern Lucinda Houts of Scioto Township

Delaware County Ohio did on her last sickness make known that

it was her will that the following distribution of her personal

Estate be made

That all her personal property that She had taken to her house

when She was married and went to keeping house Should be given up

to her Father D H Smart to be held by him for the benefit of her

Child Except if necessary for his benefit her husband Should keep her

horse until fall then to be Given up to her father for him to hold as

afore Stated for the benefit of the child She said Lucinda Houts was

was in her right mind and under no restraint when She uttered here

testamentary words April 24th 1871 David C. Fay

John Bean

The State of Ohio }

Delaware County ss } In the Probate Court In the matter of the

Will of Lucinda Houts deceased David C Fay and John Bean

being duly Sworn in open Court on this 19th day of May AD 1871

depose and Say that on the 16th day of April at the House of her Father

DH Smart She called on them to witness and take notice what

her verbal will was and then Stated her will to be just as the

Same is now reduced to writing as above Stated the Said Lucinda

Houts was then in her Last Sickness and died on Same day the

Said Lucinda Houts was then about 24 years of age in her

full mind and memory and not under any restraint the

Said will was reduced to writing on the 24th day of April

AD 1871 D C Fay

John Bean

Sworn to and Subscribed before me this 10th day of May

AD 1871 B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 175)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 175)

Description

[page 175]

[corresponds to labeled page 142 of Will Records Vol. 5 1869-1876]


Record of the Last Will of Eleazar Main deceased

Proceedings had before the Hon. B. C. Waters Judge of the

Probate Court within and for the County of Delaware and

State of Ohio at his office in the Court House in the town

of Delaware on the 18th day of May A D 1871

Will and Estate of Eleazar Main deceased

this day the last Will and testaments of Eleazar Main deceased

was presented for Probate and Record Whereupon Elias Cole and

A Stratton the Subscribing Witnesses thereto came and were

duly Sworn and Examined and their testimony reduced to writing

and annexed to the Will and filed therewith and it appearing

to the Court that the Said Will was duly Executed and

attested and that the Said testator Eleazar Main was at

time of Executing the Same of full age and of Sound mind

and memory and not under any restraint It is therefore

considered and ordered that the Said Will be Admitted

to Probate and Record as duly proved as the last will and

testaments of the Said Eleazar Main deceased and be recorded

as Such and at the Same time came Margaret Main the widow

named in the Will as Executrix and gave Bond in the Sum

of one thousand dollars with Madison Main and Joseph

Main as Sureties Letters Bond etc B. C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I Eleazar Main

of Troy Township Delaware County Ohio do make and Publish

this my last will and testaments

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

the farm on which we now reside Situate in Range

Township Six (6) Section four (4) Lots four(4) and three (3) containing

about forty and one fourth- Acres during her natural life and

all the Stock household Good furniture Provisions and other

goods and Chattles that may be thereon at the time of my

decease during her natural life as aforesaid

At the death of my Said Wife the real Estate aforesaid I depose

and devise to my Son Madison Main and his heirs the

Said Madison Main is to pay Six hundred dollars to be divided

between Sarah Furgerson Eunice Worline and Mary Ann

Slawson- And all Moneys chattles and Household Goods

to be divided So that Said Sarah Ferguson and Eunice Worline

has received the same as the Said Mary Ann Slawson the

the remainder to be equally divided---

I do hereby nominate and appoint Margaret Main My Wife

Executrix of this my last will and testaments I desire that no

Appraisement and no Sale of my personal property be made

and that the Court of Probate direct the omission of the Same

in pursuance of the Statute

I do hereby revoke all former Wills by me made In testimony
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 176)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 176)

Description

[page 176]

[corresponds to labeled page 143 of Will Records Vol. 5 1869-1876]


143

Record of the Last Will of Eleazar Main deceased


Hereof I have hereunto Set my hand and Seal this the Second

day of February in the year of Eighteen hundred and Sixty nine

Eleazar Main

Signed and acknowledged by Said Eleazar Main as his last will

and testaments in our presence and Signed by us in his Presence

Elias Cole

A Stratton


The State of Ohio }

Delaware County ss } In the Matter of the Last will and testaments of

Eleazar Main deceased We Elias Cole and A. Stratton being

duly Sworn in open Court this the 18th day of May A D 1871 depose

and Say that we were present at the Execution of the Last will and

testaments of Eleazar Main deceased of Fry Township Delaware

county hereunto annexed bearing date Second day of February 1869

that we Saw the Said testator Subscribe Said Will and heard him

publish and declare the Same to be his last will and testaments

and that the Said testator at the time of Executing the Same

was of full age and Sound mind and memory and not under

any restraint and that we Signed the Same as Witness at

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

Elias Cole

A Stratton

Sworn to and Subscribed before me in the Probate court

this the 18th day of May A D 1871 B C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 177)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 177)

Description

[page 177]

[corresponds to labeled page 144 of Will Records Vol. 5 1869-1876]


144

Record of the Last Will of Andrew Heim deceased

Copy of the Will

In the name of God Amen

I Andrew Heim of the City of Baltimore State of Maryland

considering the uncertainty of this life and being of Sound

Mind and Memory blessed be almighty God for the Same

do make and publish this my Last Will and testaments as

follows

Item 1st It is my will and desire that all my Just debts and funer

-al charges be paid out of my Estate by my Executors herein

-after named as Soon after my decease as Shall by them

be found convenient

Item 2d Supposing my son Oliver to be dead in Satisfaction of his

inheritance from my Estate I Give and bequeath to his Son

Andrew the Sum of one Thousand Dollars to be paid when he

arrives at the age of majority but in the event of his death

before that time then the Said Sum of one Thousand Dollars

to be equally divided between my Grand Children Robt A

Mary and Willie Heim Children of my Son Thomas Heim

deceased and John Lewis and Marice Augustus Heim Children

of my Son Lewis Augustus Heim decd

Item 3d I give and bequeath to my Grand Children Robert A Heim

Mary Heim and Willie Heim Children of my Son Thomas

Heim deceased in Satisfaction of his inheritance from my Estate

the Sum of Five Hundred dollars to each of the three named

Children to be paid them as they each Severly arrive at the

age of majority

Item 4th I give devise and bequeath to my Grand Children John

Lewis Heim and Maurice Augustus Heim Children of my Son Lewis

Augustus Heim deceased in Satisfaction of his inheritance

from my estate the Sum of Seven Hundred ^ Fifty Dollars to each

of the two named children to be paid them as they each Severly

arrive at the age of majority but in the event of the death of

these two Children before they arrive at majority then their

portion to be equally divided between my legal heirs

Item 5th It is my will and desire that the Said Several Sums of money

as aforesaid bequeathed to my Said Grand children should

be placed upon interest by my Executors hereinafter named

and the Interest to be advanced annually to each one named for

there benefit and in case the principal or any part Should become

actually needed for there sustenace and Support my Said Executors

in there discretion may pay the Sum as it becomes absolutely necessary

Item 6th Not having heard from my Son Edward for more than

ten years past and no certain Knowledge if he is living or dead

in Satisfaction of his inheritance from my Estate I order and

direct my Executors to put out on Interest the sum of One Thousa

-nd Dollars for the Said Edward in case he prove to be living

or if dead and Left legitimate Children to inherit the Said Sum

and for this purpose my Executors are to make diligent enquiries
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 178)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 178)

Description

[page 178]

[corresponds to labeled page 145 of Will Records Vol. 5 1869-1876]


145

Record of the Last Will of Andrew Heim decd

to ascertain if my Said Son Edward is living or dead and from all the Informat

they can obtain become Satisfied that my Said Son Edward is dead and left

no legitimate Children then the Said one thousand Dollars with the Interest

thereon herein Set apart for my Son Edward I Give and bequeath to my two

Sons Jacob R and William D Heim to be equally divided between them

Item 7th In consideration of living the remaining years of my life with my two

Sons William D. and Jacob B. all the rent and residue of my

Estate Real personal or mixed of which I Shall die Seized and possessed

or to which I Shall be entitled at the time of my decease I hereby give

devise and bequeath to be equally divided to and among my sons Jacob

B. and William D. Heim

And Lastly I hereby nominate and appoint my two sons Jacob B. and

William D. Heim to be the Executors of this my last will and testaments

revoking and annulling all other wills by me made and ratifying

this and no other as my last will and testaments In Witness whereof

I have hereunto Set my hand and Seal the First day of July A D 1868

Andrew Heim {seal}

Signed Sealed published and declared by the above named

named # Andrew Heim as and for his last will and testaments

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

Same C. Durhane

{US Stamp} John F. Lawson

[$1. } Jacob B. Owings


Baltimore City SS

On the 26 day of April 1871 came William D Heim

and made oath on the Holy Evangely of Almighty God that he doth

not know of any will or codicil of Andrew Heim Late of Said City

deceased other than the above Testament of writing and that he rec'd

the Same from the Testator on or about the 24th March 1870 and has

since retained possession of it that the testator departed this life the

Second day of April 1871 Sworn to in Open court

Test J Harman Register of Wills

for Baltimore City

Baltimore City ss

On the 26th day of April 1871 Came C. Durhane

John F. Lawson and Jacob B. Owings the three Subscribing

witnesses to the aforesaid ^last Will and testaments of Andrew Heim Late

of Said City deceased and made oath on the Holy Evangely of Almighty

God that they did See the Testator Sign and seal this will that they

heard him publish pronounce and declare the Same to be his last will

and testaments that at the time of his So doing he was to the best of there

apprehension of sound and disposing mind and memory and unders

-tanding and that they Subscribed their names as witnesses to this will in

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

Sworn to in open Court Test I Harman Brown

Register of Wills for Baltimore City

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 179)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 179)

Description

[page 179]

[corresponds to labeled page 146 of Will Records Vol. 5 1869-1876]


146

Record of last Will of Andrew Heim deceased

In Baltimore City Orphans Court

The Court after having carefully examined the

above ^last Will and testaments of Andrew Heim Late of Baltimore

City deceased and also the evidence adduced as to its validity orders

and decrees this Twenty Sixth day April 1871 that the Same be

admitted in this Court as the true and genuine last Will and

testaments of the Said Andrew Heim deceased

J S Baldeston

Thos Bond

Bolivar D. Daniels

In Testimony that the foregoing is a true copy taken from the

Original filed and remain in the office of Register of Wills for

Baltimore City I hereunto Subscribe my name and

affix the Seal of my office this Twenty Sixth day of April in the

year our Lord Eighteen hundred and Seventy one

Test J Harman Brow Registry Wills

{Seal} for Joe Fallen County


Mary Land Sct

I Isaiah Balderston presiding Judge of the

Orphans Court for Baltimore City in the State aforsesaid do

certify that the foregoing Attestation of Harman Brown Register

of Wills for Said City as in due form and by the proper officer

Given under my hand at the City of Baltimore this Twenty

Sixth day of April in the year of our Lord one thousand Eight

Hundred and seventy one Isaiah Balderston

State of Maryland Baltimore City City Sct

I hereby Testify that the Honorable Isaiah

Balderston by whom the above certificate was given and

who hath hereunto Subscribed his name was at the time of so doing

Chief Judge of the Orphans Court for Baltimore City duly

Elected commissioner and [illegible] In testimony whereof I hereto

Subscribe my name and affix the Seal of Said court this twenty

Sixth day of April in the year of our Lord one thousand

eight Hundred and Seventy one Harman Brown

Test Regentee of Wills for the City

{seal} of Baltimore

May 23d 1871 Will and Estate of Andrew Heim deceased

On this day the last will and testaments of Andrew Heim deceased was presented

to the Court the Same having been duly admitted to Probate and Record in the City

of Baltimore in the State of Maryland and now Presented for record in this Court

It is therefore ordered that the said will be duly recorded as the Last Will of the

Said Andrew Heim as having been duly Probated and Recorded and

William D. Heim One of the Executors named in the will came

and Gave Bond in the Sum of Eighteen Thousand Dollars with

as his Surety no appraisers appointed Letters

Issue Bond accepted etc B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 180)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 180)

Description

[page 180]

[corresponds to labeled page 147 of Will Records Vol. 5 1869-1876]


147

Record of the last Will of Richard J. Markwith deceased


Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

office in the Court House in the Town of Delaware on the

26th day of June AD 1871 Will and estate of Richard J Markwith deceased

This day the Last Will and testament of Richard J. Markwith deceased

was Presented for Probate and Record Whereupon ^came Henry Hodgden

one of the Subscribing Witnesses who was duly Sworn and Examined and

his testimony reduced to writing and attached to the and it appearing

to the Court that H. Allen the other Subscribing Witnesses thereto is

deceased, the testimony of Henry Hodgden was taken to prove the

Signing and Signature of the Said H. Allen and is also attached to

the Will and it appearing to the Court that Said Will was duly

Executed and attested and that the Said testator Richard J Markwith

at the time of Executing the Same was of ^full age Sound mind and memory &

and not under any restraint It is therefore considered and ordered

that the Said Will be admitted to Probate and Record as duly Proved

as the last Will and testament of the Said Richard J Markwith decd

and be recorded as Such no letters Issued at the Present

B.C. Waters Probate Judge

Copy of the Will

In the name of Almighty God Amen

I Richard J. Markwith of the Town of Galena in the County of Delaware

and State of Ohio being of Sound Mind and memory and knowing

the Shortness of life and the certainty of death Blest be the name

of Almighty God for his goodness to me, do make and Publish

this my last will and testament

First My Will is that my last sickness and funeral expenses be all

Paid my body decently buried and Suitable Tomb Stone erected

to my memory

Second My Will is that my loving Wife Rachel Markwith Shall

have all my household furniture and all the rest of my Personal

Property Also all of the real Estate that I may have at my

death not expended in my Support while I am living for her

to dispose of as She may See fit or to her Proper use and benefit

and dispose and to Convey the Same as She may See See fit

Third I having Given to my children Hannah Markwith now

Woodruff Ira Markworth Nancy Markwith now Coal John

Markwith Sarah Elizabeth Markwith now Feazle Sarah Elizabeth

Feazle having disobedient and refusing my Parental Goodness

I Shall not Give any thing after my death that may remain

unexpended

Fourth My daughter Mirah Markwith I having expended

her Portion in raising her three orphan Children after her death

Lastly I do nominate and appoint my loving friend

Victor Arnold to be my Executor to this my last will

and testament In testimony whereof I have

Set my hand and Seal this 27th day
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 181)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 181)

Description

[page 181]

[corresponds to labeled page 148 of Will Records Vol. 5 1869-1876]


148

Record of the Last Will of Richard J. Markwith deceased

of August in the year of our Lord one Thousand eight Hundred

and Sixty two Richard J. Markwith {seal}

Signed and Sealed in Presence of us

as witnesses and by the request of R J Markwith

H Allen

H Hodgden

The State of Ohio } In the Matter of the last Will and testam

Delaware County ss. ]

-ents of Richard J Markwith late of Delaware County deceased

I Henry Hodgden being duly Sworn in open Court this

26th day of June AD 1871 depose and Say that I was present at

the Execution of the Last Will and testament of Richard J

Markwith of Galena Delaware County Ohio hereunto annexed

bearing date the 27th day of August Ad 1871 That I Saw the

Said testator Subscribe Said will and heard him Publish

and declare the Same to be his last will and testaments

and that he the Said Testator at the time of Executing the

Same was of full age and of Sound Mind and memory

and not under any restraint and that I Signed the Same

as a witness at his request and in his presence And I the Said

Henry Hodgden upon my oath further Say that the Said H

Allen the other subscribing Witness to the Said Will and who

is now deceased having departed this Life on the day

of AD 18 that the Signature of the Said H Allen to

Said Will as a Subscribing Witness is Genuine and that he

Signed Said Will in the Presence of Said Testator and at his

request and in his presence and in the presence of this affiant

and that each of the Subscribing witnesses Signed Said Will in

the Presence of each other at the report of the Testator

Henry Hodgden

Sworn to and Subscribed before me in the Probate Court

this the 26th day of June AD 1871 BC Waters Probate Judge

{seal}
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 182)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 182)

Description

[page 182]

[corresponds to labeled page 149 of Will Records Vol. 5 1869-1876]


149

Record of the last Will of Elisha Thrasher decd.


Proceedings had before the Hon B.C. Waters Judge of the Court of Probate

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

in the Court House in the Town of Delaware

June 29th 1871 Will and Estate of Elisha Thrasher decd

This day the Last Will and testament of Elisha Thrasher decd

was presented for Probate and record Whereupon John Sinkey

and John Clark the subscribing Witnesses thereto came and were

duly sworn and Examined and their testimony reduced to writing

and annexed to the Will and filed therewith and it appearing to

the Court that the Said will was duly Executed and attested and that

the Said testator Elisha Thrasher was at the time of Executing the Same

was of full age and of Sound mind and memory and not under any

restraint It is therefore considered and ordered that the Said

will be admitted to probate and record as duly Proved as the Last

Will and testament of the Said Elish Thrasher decd and be

recorded as Such no Letters Issued at the Present

B.C. Waters Probate Judge

Copy of Will

In the name of the Benevolent Father of all I Elisha Thrasher

of Delaware County Ohio do make and Publish this my last will

and testament

Item 1st I devise and bequeath to my daughter Phoebe Day and

her help three hundred dollars

Item 2d I devise and bequeath to my daughter Jane Ward

and her heirs the Sum of Three hundred dollars

Item 3d I devise and bequeath to my daughter Betsey

VanHouton and her Heirs three Hundred dollars

Item 4th I devise and bequeath to my daughter Lucinda

Shannon & Her heirs three Hundred dollars

Item 5th I devise and bequeath to the Heirs of My daughter

Melissa Williams Four dollars

Item 6th I devise and bequeath to my Sons David Thrasher

and Levi Thrasher the Farm on which I now reside

of One Hundred Acres of land after payment to my daughters

and their heirs the above stipulated Sums of money of

three hundred dollars and to the Heirs of my daughter

Melissa Williams Four Dollars

In testimony hereof I have Set my hand and Seal

Item 7th I do this 18th day of May 1869 revoke all former

wills by me made In testimony I have Set my hand

and Seal this 18th day of May 1869 his

Elisha x Thrasher {seal}

mark

Signed and acknowledged

by Said Elisha Thrasher as his

last will and testament in

our Presence and Signed by

us John Sinkey

John Clark

over
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 183)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 183)

Description

[page 183]

[corresponds to labeled page 150 of Will Records Vol. 5 1869-1876]


150

Record of the Last Will of Elisha Thrasher deceased

The State of Ohio Delaware County S.S.

In the matter of the last will and testament of Elisha Thrasher

of Trenton Township deceased

We John Sinkey and John Clark being duly Sworn in

open Court this 29th day of June AD 1871 depose and Say that

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

of Elisha Thrasher deceased of Trenton Township Delaware

County Ohio hereunto annexed bearing date 18th day of May

1869 that we Saw the Said testator Subscribe Said Will and

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

testament and that the Said testator at the time of Executing

the Same was of full age and of Sound mind and memory

and not under any restraint and that we signed the

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

in the presence of each other John Sinkey

John Clark

Sworn to and Subscribed before in the Probate Court

this 29th day of June Ad 1871 B.C. Waters Probate Judge


Record of the last Will of Paul Dewitt deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

at his office in the Court House in the Town of Delaware on the

15th day of July AD 1871

Will and Estate of Paul Dewitt deceased

On this day the Last Will and testament of Paul Dewitt of Delaware

County deceased was presented for probate and Record Whereupon

Leander Comstock and J.W. Comstock the Subscribing witnesses

thereto were duly Sworn and their testimony reduced to

writing and annexed to the Will and filed therewith and

it appearing to the Court that the Said Will was duly Executed

and attested and that the Said testator at the time of Executing

the Same was of full age and of Sound Mind memory and not

under any restraint it is therefore considered and ordered that

the Said Will be admitted to Probate and Record as duly Proved

as the last will and testament of Paul Dewitt decd and be

Recorded as such B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I Paul Dewitt

of the State of Ohio Delaware County do make and publish

this my last will and testament

First it is my will that my Just debts and all charges be had

out of my Estate Second that my Property be equally divided

among my children or their heirs except my Son Charles

in and he Shall return in five years from my death the

Said Charles Shall have his full Share if not his Share
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 184)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 184)

Description

[page 184]

[corresponds to labeled page 151 of Will Records Vol. 5 1869-1876]


151

Record of the Last Will of Paul Dewitt deceased

be equally divided among the remainder of my children except

twenty five dollars to go to his wife Rickey

I appoint and make my Son John Dewitt Executor of this my last will

and testament Paul Dewitt {seal}

Signed and acknowledged by Said Paul Dewitt as his last

Will and testament in our Presence and Signed by us in his presence

Leander Comstock

J.W. Comstock

PS in case my Son Charles Should not return I want to pay

my Son Alexander one Hundred dollars out of Charles Shares the

balance equally divided among the rest of children

The State of Ohio Delaware County Ss

In the matter of the Last Will and testament of Paul Dewitt of

Trenton T.P. Delaware County deceased

We Leander Comstock and J.W. Comstock being duly Sworn in

open Court this 15th day of July Ad 1871 depose and Say that we were

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

Dewitt of Trenton Township in Said County hereunto annexed

bearing date March AD 1869 that We Saw the Said testator

Subscribe Said Will and heard him publish and declare the

Same to be his last will and testament and that the Said testator

at the time of executing the Same was of full age of Sound mind

and memory and not under any restraint and that we Signed

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

in the presence of each other } Leander Comstock

Sworn to and Subscribed before me this } J.W. Comstock

15th day of July AD 1871 B.C. Waters Probate Judge

__________________________________________________________________

Will and Estate of Evan Owen deceased

Proceeding had before the Hon B.C. Waters Judge of Court

of Probate within and for the County of Delaware and State of

Ohio at his office in the Court House in the Town of Delaware

on the 5th day of August A.D. 1871

Will and Estate of Evan Owen deceased

On this day the last Will and testament of Evan Owen

deceased were presented to the Court for Probate and Record

Whereupon Rees Powell and Robert Morris the Subscribing

Witnesses and were duly Sworn and there testimony reduced to

writing and annexed to the Will and filed therewith and it

appearing to the Court that Said Will was duly Executed and attested

and that the Said testator at the time of Executing the Same was

of full age and of Sound mind and memory and not under

any restraint It is therefore considered and ordered that the

Said will be admitted to probate and Record as duly Proved as

the Last Will of Evan Owens deceased and Be recorded as

Such B.C. Waters, Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 185)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 185)

Description

[page 185]

[corresponds to labeled page 152 of Will Records Vol. 5 1869-1876]


152

Record of the Will of Evan Owen deceased

Copy of the Will

In the name of God Amen

This is the Last Will and Testament of Mr Evan Owen

of Troy Township Delaware County State of Ohio

Do hereby Give and bequeath my farm on which I now

live and all my stock and my House furniture unto Elizabeth

Owen my beloved wife -- after my decease during her natural

But if She will married I am not give to her only but five

doller to be paid to her by my children

Also I Give and bequeath unto my Daughter Mary the Sum of

Hundred Dollar and a Cow to be paid to her by my wife any

time when She call for them also I Give and bequeath after

the decease of my beloved wife my farm on which I now live and

the Stock furniture and the money to be divided Equal Share between

Evan Owen My Son and Elizabeth my daughter

This is my last Will and testament Thank God almighty

I am at present in perfect health memory and understanding

And I do hereby revoke and Disaval all former will or wills

heretofore made by me Willed or Sealed and declare this and

no other to be my last will and testament he witness my hand

this 31 day of July on the year of our Lord one Thousand Eight

Hundred and fifty four } his

Signed Sealed and declared by } Evan x Owen {seal}

the testator in the presence of } mark

us whose names are hereunto }

Subscribed as witnesses }

Rees Powell }

Robert Morris } The State of Ohio Delaware

County ss In the matter of the last will and testament of

Evan Owen of Radnor Township Delaware County deceased

We Rees Thomas and Robert Morris being duly Sworn

in open Court this fifth day of August AD 1871 depose and Say

that they were present at the Execution of the last Will and

testament of Evan Owen of Radnor Township decd bearing

date 31 day of July 1854 that we Saw the Said testator Subscribe

Said Will and heard him publish and declare the Same to be his

last will and testament and that the Said testator at the time

of Executing the Same was of full age and of Sound mind and

Memory and not under any restraint and that we Signed

the Same as Witnesses at his request and in his presence

and in the presence of each other

Rees Powell

Sworn to and Subscribed before me this 5th day of August

AD 1871 BC Waters Probate

Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 186)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 186)

Description

[page 186]

[corresponds to labeled page 153 of Will Records Vol. 5 1869-1876]


153

Record of the Will of William White deceased


Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

office in the Court House in the Town of Delaware on the 26th day

of August AD 1871

Will and Estate of William White deceased

On this day the last Will and testament of William White decd

of Delaware County were presented for Probate and Record

Whereupon Solomon Davis and Louisa L Davis the Subscribing

witnesses thereto came and were duly Sworn and there testimony

reduced to writing and annexed to the Will and filed therewith

and it appearing to the Court that Said Will was duly Executed

and attested and that the Said testator at the time of Executing

the Same was of full age and of Sound Mind and memory

and not under any restraint it is therefore considered

and ordered that the Said Will be admitted to Probate and

record as duly Proved as the Last Will and testament of

William White deceased and be recorded as such

B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I William

White of Kingston Township Delaware County State of Ohio

do make and publish this my last will and testament

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

the farm on which we now reside Situate in Kingston Township

Delaware County Continuing about 96 acres during Her natural life

and all the Stock Household Goods furniture provisions and other

Goods and chattles which may be thereon at the time of my decease

during her natural life as aforesaid She however Selling So

much thereof as may be Sufficient to pay my Just debts

At the death of my Said Wife the real estate aforesaid and Such

part of the Said personal property or the proceeds thereof as may

then remain unconsumed and unexpended I Give and devise

to my Sons and daughters and there heirs in the manner

hereafter described by me

Item 2d

At my ^wifes decease if She Should out live me if not at my

decease the property real and personal is to be Sold for Cash

as soon as it can be done without Sacrifice and divided Amongst

my Heirs as hereafter Specified

Item 3d To my Son Isaac White of living at that time I give

and bequeath one thousand Dollars

Item 4th to my Son W.W. White and his heirs I give and

devise four Hundred and Eight dollars

Item 5th To my daughter Mary Jane Novinger and her

heirs I Give and devise Five Hundred and forty dollars

Item 6th to my Son Freelon White Give and devise Five Hundred

and Sixty dollars
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 187)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 187)

Description

[page 187]

[corresponds to labeled page 154 of Will Records Vol. 5 1869-1876]


154

Record of the Will of William White decd


Item 7th To my Son A.B. White I give and devise Five

Hundred and twenty dollars

Item 8th to my Son J.E. White I Give and devise three

Hundred and fifty dollars

Item 9th To my Son G.W. White I Give and devise three

Hundred and fifty dollars

Item 10th To my Son Armedian White I Give and devise

One Hundred dollars

Item 11th To my Daughter D C Philips and her heirs

I give and devise five Hundred ^ and twenty dollars

Item 12th I give and devise to my Daughter Phebe U. Staley

five Hundred and twenty dollars

Item 13th If any of the above named heirs Should die

before my decease or my wife decease leaving no heirs

there parties to be equally divided amongst the Living Heirs

Item 14th I if the property when Sold does not amount to as

much as the above Specified sums each one is to recover

in proportion in proportion to the above Specified Sums

Item 15th If the property real and personal when Sold

Should amount to more than what is specified in the

above sums it is to be equally divided among the Living

Heirs at that time

Item 16th I do Hereby nominate and appoint Gardner W. White

and Armedian White Executors of this my last will and

testament Hereby authorizing and empowering them to

compromise adjust release and discharge in Such manner

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

also authorize and empower them if it Shall become necessary

in order to pay my debts to Sell by private Sale on in Such manner

upon Such terms of credit or otherwise as they may think proper

all or any part of my real Estate and deeds to purchases to Execute

acknowledge and deliver in fee Simple

In testimony whereof I have hereunto Set my hand and Seal this ninth

day of March ^in the year of our Lord AD 1868 Wm White {seal}

Signed and acknowledged by Said William White as his last will and

testament in our Person and signed by us in his presence } Solomon Davis

The State of Ohio Delaware County Ss } Louisa L. Davis

In the matter of the Last Will and testament of William White deceased of Kingston T.P.

Delaware County Ohio decd We Solomon Davis and Louisa L Davis being duly

Sworn in open court the 26th day of August AD 1871 depose and Sat that we were

present at the execution of the Last Will and testament of William White of Kingston T.P.

Delaware County hereunto annexed bearing date 9th day of March 1868 that we Saw

the Said testator Subscribe Said Will and heard him publish and declare the Same

to be his last will and testament and that the Said testator at the time of Executing

the Same was of full age and of Sound mind and memory not under any restraint

and that we Signed the Same as witnesses at his request and in his presence and

in the presence of each other } Solomon Davis

Sworn to and Subscribed before me in Probate Court the } Louisa L Davis

26th day of August AD 1871 B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 188)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 188)

Description

[page 188]

[corresponds to labeled page 155 of Will Records Vol. 5 1869-1876]


155

Record of the Will of Jacob Roloson decd


Proceedings had before the Hon B C Waters Judge of the Probate Court within

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

Court House in the Town of Delaware on the 19th day of July

AD 1871

Will and Estate of Jacob Roloson deceased

On this day the Last Will and testament of Jacob Roloson deceased

were presented for Probate and Record Whereupon Chancey W Smith

and Joel C Roloson the Subscribing Witnesses thereto came and

were duly Sworn and their testimony reduced to writing and

annexed to the will and pled therewith And it appearing

to the Court that Said Will was duly Executed and attested and

that Said Testator at the time of Executing the Same was of full

age and of Sound mind memory and not under any restraint

it is therefore ordered and considered that Said Will be admitted

to Probate and Record as duly Proved as the last will and

testament of Jacob Roloson decd and be admitted to probate

and Record as Such B.C. Waters Probate Judge

Copy of the Will

I Jacob Roloson of the Township of Brown County of Delaware

and State of Ohio being of Sound mind and memory and

considering the uncertainty of this frail and leamtory life

do therefore make ordain publish and declare this to be my

last will and Testament that is to Say First after all my

lawful debts are paid and discharged the residue of

my Estate real and personal I Give bequeath and dispose of

as follows to wit to my beloved wife all my house hold

goods the present crops now on the farm wheat in the bin

one cow all the poultry two Hundred dollars in US Govern

ment Bonds one note of hand against Henry Hults for one Hundred

dollars and Seventeen Hundred dollars out of my personal

and real estate to be paid out of the first moneys collected by

my Executors after paying my debts No Interest to accrue on

the above until after one year from my decease

I Give bequeath and devise all the rent residue and remainder

of my real and personal estate to be divided between my

children each to have an equal Share alike except to my

daughter Elizabeth One hundred dollars and interest from

the first day of February A.D. 1868 which is to be deducted from her

Shall likewise I make constitute and appoint my wife

Jane and my Son John Roloson to be executors of this my last

will and testament In witness whereof I have hereunto

Subscribed my name and affixed my Seal the Sixteenth

day of July in the year of our Lord one thousand eight hundred

and Seventy one Jacob Roloson {seal}

The written instrument was subscribed by the Said

Jacob Roloson in our presence and acknowledged by him to each of us and

he at the Same time published and declared the above instruments So Subscribed

to be his last will and testament and we at
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 189)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 189)

Description

[page 189]

[corresponds to labeled page 156 of Will Records Vol. 5 1869-1876]



156
Record of the Will of Jacob Roloson deceased


The testators request and in his presence have Signed our

names as witnesses hereto

Attest Chauncey W Smith {seal}

Joel C Roloson {seal}


I do hereby authorize my Executors to Sell my real and

personal estate without having Said Estate appraised

Attest Jacob Roloson {seal}

Chancey W Smith

Joel C Roloson

The State of Ohio }

Delaware County ss } In the matter of the Last will and

testament of Jacob Roloson of Brown Township decd

We Chauncey W. Smith and Joel C. Roloson being duly

sworn in open Court this 19th day of July AD 1871 depose and

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

testament of Jacob Roloson decd hereunto annexed bearing

date 16th day of July 1871 that we Saw the Said testator Subscribe

Said will and heard him publish and declare the Same to be his

last will and testament and that the Said testator at the time

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

and memory and not under any restraint and that we signed

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

in the presence of each other Chauncy W Smith

Joel C Roloson

Sworn to and Subscribed before me in Probate Court

this 19th day of July Ad 1871 B.C. Waters Probate Judge


Record of the Will of Henry Wells deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

at his office in the Court House in the Town of Delaware on

the 25th day of July Ad 1871

July 25th 1871 Will and Estate of Henry Wells deceased

On this day the Last Will and testament of Henry Wells

deceased was presented for Probate and Record Whereupon

C.C. Chamberlain and William Brown the Subscribing

witnesses thereto came and were duly Sworn and these testimony

reduced to writing and annexed to the will and filed therewith

And it appearing to the Court that the Said will was duly Executed

and attested and that the Said testator at the time of Executing

the Same was of full age and of Sound mind and memory

and not under any restraint It is therefore considered and

ordered that the Said Will be admitted to probate and Record

as the Last Will and testament of Henry Wells deceased

and be recorded as Such B.C. Waters Probate

Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 190)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 190)

Description

[page 190]

[corresponds to labeled page 157 of Will Records Vol. 5 1869-1876]


157

Record of the Will of Henry Wells deceased

Copy of the Will

In the name of God Amen

I Henry Wells of the County of Delaware

and State of Ohio being Weak in body but of a Sound mind

and disposing mind and memory do make and publish this my

last will and testament hereby revoking all prior wills by one made

and hereby declaring this and this along to be my last will and

testament

Item Ist I hereby direct that all my Just debts and funeral

expenses be first paid out of my Estate

Item IId I hereby direct and devise that all my Personal property

which may remain unsold at my death Shall be Sold by my Executor

at public Sale and the proceeds of the Sale Shall form part of my

Estate

Item IIId I hereby devise and direct that all my real estate of which

I may due seized and now consisting of the following tracts or pieces

of Land to with the One Hundred acre farm on which I now

live and the forty acres tract of land which corners on the Same

and Joining the farm now occupied by me in Delaware Township

& Concord Township in Delaware County Ohio also the House

and Lot in the Town of Delaware in Delaware County Ohio

Also Four Hundred and Eighty acres of land in Dallas County

and State of Missouri Shall all be Sold by me Executor at

Either public or private Sale at Such price as he may deem

best on a term of credit not to exceed four years from

the time of Sale Sufficient payment to be made in cash to

Secure the whole deferred payments and deed or deeds to make

and Execute and deliver to the purchase or purchases thereof

without the order of any Court therefore the Same and as

completely and fully as I Could do my Self were living and

personally present to do the Same and the proceeds of Sale

or Sales when collected Shall form part of my estate Executor

to take notes and mortgage for deferred payments

Item IV It is my further will and desire that whereas prior

to my marriage to my present beloved wife Elizabeth H

Wells there was an antre nuptial contract entered into

between us that each Should use and enjoy their

separate property and effects which they Should be possessed

of at the time of Said marriage and that neither Should

be entitled to receive or expect from the other or from there

Estate any property or effects at either death notwithstanding

which Said agreement however as a testimony of my

appreciation of her kindness and attention to me I direct

and devise that my Said Executor Shall pay as Soon after

my death as convenient the Sum of Three Hundred dollars

which said Sum Shall be in Lieu of dower in my Said

Estate and in lieu of all her distribution Shall or

Portion of my personal property or Estate and of her years
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 191)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 191)

Description

[page 191]

[corresponds to labeled page 158 of Will Records Vol. 5 1869-1876]


158

Record of the Will of Henry Wells deceased


Support after my death but all provisions on hand at my

death I direct Shall be Given to her in addition to the above

Sum

Item V I do hereby direct and desire and bequeath unto

my three Sons Lewis Luther Wells Ellmore Wells and

Eddy Wells or Such of them as Shall Survive me without

Isue all the rest and residue of my Estate after the payment

of my debts funeral expenses and the bequests to my Said

Wife as aforesaid including the proceeds of the Sale

of my personal and real estate as aforesaid and for the

purpose of Securing to my Said children the better

enjoyment of Said property I hereby nominate and

appoint my nephew Newton A Wells in whose Judgment

and capacity - I have full confidence as their Guardian

both of the personal and property and I hereby direct that

Said Guardian as soon as he Shall receive the money

from my Executor Shall Invest the Same at interest on

first mortgage on real estate Said real Estate to be worth

not less than double the amount invested free of Structure

thereon the interest to be paid annually -- and Said Interest

to be by Said Guardian used or Such part thereof as

may be necessary to pay for there clothing board and schooling

and other necessary expenses -- but in no case is the

principal Sum to be used Except in case of absolute

necessity which necessity is to be determined by the proper

Court of Competent Jurisdiction for that purpose

Item IV I do hereby nominate and appoint John

D VanDeman to be the Executor of this my last Will and

testament hereby authorizing to compromise settle

adjust and release any Claim due me at my decease

or which I may owe thereat

In testimony whereof I have

here unto Set my name as well as Signed the the Same

at the bottom of the fourth page hereof this 22d day of

May AD 1871 Henry Wells {seal}

Signed and Sealed in our presence

by the Said Henry Wells and by Said

Henry Wells declared and published

as and for his last will and testators

in our presence & wear witnesses Signed the Same

at his request in his presence and in the presence

of each other CC Chamberlain

Wm Brown
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 192)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 192)

Description

[page 192]

[corresponds to labeled page 159 of Will Records Vol. 5 1869-1876]


159

Record of the Will of Henry Wells deceased


The State of Ohio Delaware County SS

In the matter of the last will and testament of Henry Wells decd

We C C Chamberlain and William Brown being duly Sworn

in open Court this 28th day of August AD 1871 depose and Say that

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

Henry Wells deceased hereto annexed bearing date 22d day of

May AD 1871 that we Saw the Said testator Subscribe the Said will

and heard him publish and declare the Same to be his ^last will and

testament and that at the time of Executing the Same was of full age

and of Sound mind and memory and not under any restraint

and that they Signed the Same as Witnesses at his request and in his

presence and in the presence of each other

C.C. Chamberlain

William Brown

Sworn to and Subscribed before me in open Court this

25th day of August 1871 B.C. Waters Probate Judge


Record of the Last Will of William D Robinson deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

at his Office in the Court House in the Town of Delaware on

the 5th day of October AD 1871

Will and Estate of William D Robinson decd

On this day the Last Will and testament of William D Robinson

deceased was presented for Probate and Record Whereupon

H.C. Andrus and John H. Jones the Subscribing Witnesses

thereto and were duly Sworn and there testimony reduced

to writing and annexed to the Will and filed therewith

and it appearing to the Court that Said Will was duly

Executed and attested and that the Said testator at the time

of Executing the Same was of full age and of Sound mind

and memory and not under any restraint it is therefore

considered and ordered that the Said Will be admitted to

Probate and Record as duly Proved as the Said will and

testament of William D Robinson decd and at the

Same Time John Robinson the Executor named in the

will appeared and Gave Bond in the form of One

Thousand dollars with A S Robinson & A J Robinson

as his Sureties Bond accepted Letters issued etc

B.C. Waters Probate Judge

Copy of the Will

Concord Township Delaware County Ohio

August 30th 1871

I William David Robinson hereby make

my only Will for the disposal of my property at my

death both real and Personal
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 193)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 193)

Description

[page 193]

[corresponds to labeled page 160 of Will Records Vol. 5 1869-1876]


160

Record of the Will of William Daniel Robinson deceased

I will and desire that all I possess Real estate and Personal

Shall at my death become the Property of my Wife Rebecca

Robinson to have and to hold during her life Then at

her death the Lands I now own Shall become the

property of my Son Gilbert Robinson Should my

wife Rebecca Robinson out live my Son Gilbert Robinson

or his children then in that case it is my will that

my Land Shall become the Property of my Son John

Robinson and I here place my hand and Seal

Wm Robinson

Witness H.C. Andrus

Witness John H Jones

I appoint my Brother John Roloson

to be the Executor to this Will

Wm Robinson

The State of Ohio }

Delaware County ss } In the matter of the Last will and testament

of William Daniel Robinson deceased

We H.C. Andrus and John H. Jones being duly Sworn

in open Court this 5th day of October AD 1871 depose and

Say that we were present at the Execution of the last will

and testament of William D Robinson of Concord Township

Delaware County hereunto annexed bearing date 30th day

of August 1871 that we Saw Said testator Subscribe Said Will

Will and heard him publish and declare the Same to be

his last will and testament and that the Said testator at

the time of executing the Same was of full age and of

Sound mind and memory and not under any res

traint and that we signed the same as witnesses at his

request and in his presence and in the presence of each

other H.C. Andrus

John H Jones

Sworn to and Subscribed before me ^in this Probate Court

this 5th day of October AD 1871 BC Waters

{seal} Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 194)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 194)

Description

[page 194]

[corresponds to labeled page 161 of Will Records Vol. 5 1869-1876]


161

Record of the Will of David Babcock deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate Court within

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

the Court House in the Town of Delaware on the 11th day of September

AD 1871

Will and Estate of David Babcock deceased

On this day the Last Will and Testament of David Babcock deceased

of Delaware County were presented for probate and record whereupon

W.W. Davy and James Sackett the Subscribing witnesses thereto came

and were duly Sworn and their testimony reduced to writing and

annexed to the will and filed therewith and it appearing to the Court

that Said will was duly Executed and attested and that the Said testator

at the time of Executing the Same was of full age and of Sound mind

and memory and not under any restraint it is therefore considered

and ordered that the Said Will be admitted to Probate and Record as

the last Will and Testament of the Said David Babcock deceased

and at the Same time came the Said Polly Babcock & Ezra C Steward

Executor in Will Came and Gave Bond in the Sum of $2000 Dollars with James

Sackett & W W Davy or their Sureties Bond accepted Letters Issued

B.C. Waters Probate Judge

Copy of the Will of David Babcock deceased

In the name of the Benevolent Father of all I David Babcock

of Porter Township Delaware County and State of Ohio do make

and publish this my Last will and Testament

Item 1st I Give devise and bequeath to my beloved wife in lieu of her

dower the undivided one third of the farm on which I now reside

to with and bounded as follows on the North by land now owned by

Sturges Curtiss and the Township road on the East and Part of the South

by lands owned by Daniel Weaver down to the North line of Lands

owned by A Grinnons then ^last along the Line of Lots owned by Said

Grimmons and the heirs of "Marcus Vansickle and Said

Babcocks land to S Chambers land thence North along Chambers

East here to Land owned by Robert Allison thence East to S Curtiss

corner on South line and place of beginning Estimated to contain

one hundred and four and a half acres of Land the one undeveloped

one third of the above named tract or parcel of Land Save and Except

four and one half acres on the east Side of the highway formerly

deeded by Robert Allison and now deeded by David Babcock

to Polly Babcock

Item 2d I Give and devise to my two Sons William J Babcock and Ira

A. Babcock the residue or balance of the farm described above

containing one hundred acres two thirds of which is to be divided equal

between the two Sons above named

Item 3d I hereby Give and bequeath to my beloved wife the following

Personal Property all the Household and kitchen furniture beds

and bedding belonging to Said House and family also one Bay

mare called Snip the Lop Buggy and Harness and one Sorrell

yearling Colt two cows one four the other five years old mostly

white both cows)
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 195)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 195)

Description

[page 195]

[corresponds to labeled page 162 of Will Records Vol. 5 1869-1876]


162

Record of the Will of David Babcock decd

Item 4th I hereby desire to have all the personal property undisposed

of by this will as above and at my death remaining undisposed of

to be Sold at Public or Private Sale and all the farming tools and implements

for carrying my farm Sold and disposed of at Public or Private Sale and all

the money arising from Said Sale to be divided equal between

my wife Polly Babcock and William J Babcock

and Ira A Babcock to share and alike in the same

Item 5th I desire hereby to give to my wife all my share of the grain

and hay and my share of all Produce growing and remaining

on Said Farm at my death as per agreement between my Son

J.A. Babcock and my Self in regard to rent of farm

Item 6th and Further I have formerly made Provisions for my daughter

Charlotte Maria Allison giving her by deed all I desire or expect

to give her and further also to compensate her and her husband

Robert Allison for all the labor or Service done or performed

for me

Item 7th I hereby devise further that all my debts with and including

funeral expenses be paid out of the money arising from Sale

of Personal Property as above named before it Shall be divided

according to the Provision of this Will and further I hereby

nominate and appoint Polly Babcock my wife and Ezea

C. Stewart Executor & Executrix of this my Last Will and testament

hereby authorizing and empowering them to compromise

adjust release and discharge in Such manner as they may

deem proper the debts and claims due me

In testimony hereof I have hereunto Set my hand and Seal

this 3d day of August AD 1871 David Babcock {seal}


Signed and acknowledged by Said David Babcock as his Last Will

and Testaments in our presents and Signed by us in his presence

August 4th 1871 Personally appeared before } T.J. Morhon

me the within named David Babcock } James Sackett

who did acknowledge that he did sign the foregoing instrument in

Presence of the above Witnesses W.W. Davy J.P.

The State of Ohio }

Delaware County ss } In the matter of the Last will and testament of David

Babcock of Porter Township We T.J. Morhee W.W. Davy and

James Sackett being duly Sworn in open Court this 11th day of Sept

A.D. 1871 depose and Say that we were present at the Execution of the

Last Will and testament of David Babcock of Porter Township Delaware

County hereunto annexed bearing date Third day of August 1871 that

We Saw the Said testator Subscribe Said Will and heard him publish and declare

the Same to be his Last Will and testament and at the time of Executing

the Same was of full age and of Sound mind and memory and not under

any restrain and that we Signed the Same as witnesses at his request and in his

presence and in the presence of each other James Sackett

Sworn to and Subscribed before me in open } W W Davy

court this 11th day of Sept AD 1871 B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 196)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 196)

Description

[page 196]

[corresponds to labeled page 163 of Will Records Vol. 5 1869-1876]


163

Record of the Last Will of Miles Grady deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

Court House in the Town of Delaware on the 17th day of November 1871

Will and Estate of Miles Grady deceased

On this day the Last Will and testament of Miles Grady of Delaware

County deceased was presented for Probate & Record whereupon the

Reverend Joseph McPhillips John Shea & C H McClroy the Sub

-scribing witnesses thereto came and were duly Sworn and there

testimony reduced to writing and annexed to the will and filed

therewith and it appearing to the Court that Said will was duly

Executed and attested and that the Said testator at the time of Executing

the Same was of full age and of Sound mind and memory and

not under any restraint it is therefore considered and ordered

that the Said will Will be admitted to Probate and record a duly

proved as the Last will and testament of Miles Grady decd

and at the Same time John Grady the Executor named in the

will came and accepted Said trust no Bonds was required

in accordance with the request of the Testator etc

B.C. Waters Probate Judge

(copy of the Will)

In the name of the Benevolent Father of all I Miles Grady being of

Sound mind memory & understanding do hereby make & Publish

this my last Will & Testament hereby revoking all former wills

made by me

My will is first that all of my Just debts funeral expenses and

the expenses of executing this my last will and testament be paid

my will is that the residue of my estate Real and Personal after

paying my Just debts funeral Expenses and the Expenses of Executing

this my last will be disposed of as follows

First that the farm upon which I now live known as the home

farm be equally divided between my children Martin Grady

Sally Ann Quinlan wife of Patrick Quinlan Annie Grady

and Mary Jane Grady and if the Said farm cannot be

Satisfactorily divided by metes and bounds then the Same be

Sold and the Proceeds thereof equally divided as above Specified Sufficient

to the legacies hereafter mentioned & bequeathed but it is my will

that my Son John Grady Shall have the Privilege of using Said farm

and buildings for two years from the first of April 1872 and if he

choose to take Said farm for two years from Said date he Shall

apply one half of the proceeds of the crops raised on side farm to the

payment of debts & expenses of repairing fences on Said farm and for the

benefit of my other children that all that is left of half of the

proceeds of Said crops after payment of the debts Shall be paid to my other

children equally and he Shall have one half of the proceeds of Said

crops for Said two years for his own benefit and use

It is my will that my interest in the farm of about 170 acres

consisting of land purchased by John Grady & myself
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 197)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 197)

Description

[page 197]

[corresponds to labeled page 164 of Will Records Vol. 5 1869-1876]


164

Record of the Last Will and Testament of Miles Grady decd

from Albert Worline and John D VanDeman Shall be Sold

and the one half of the Proceeds thereof be applied to the payment

of one half balance due for Said land I own the undivided one

half of Said land and John Grady owns the other half and

all that is left of the proceeds of the proceeds of the Sale of Said

land Shall be equally divided among my four children here

-tofore named after payment of the Legacies heretofore Proved for

It is my will that my Executor hereinafter appointed payout

of the proceeds of the Sale of my Property after the payment of my

Just debts and all expenses the following legacies

To my Daughter Eliza Scott Five Hundred Dollars and to my

Son Michael Francis Grady Five Hundred Dollars and that is

all I desire either one of my above named children to receive

I have already Given to my Son John Grady a farm which

I consider to be a full Share of my Property John Nelson

holds a note against me for $500 with interest but John Grady

really owes one half of that money as one half of the money was

used for his benefit towards payment of the 170 acre farm

above Spoken of

It is my will further that is my Son John Grady will assume the

debts due for the purchase of the farm of 170 acres above Spoken of

he Shall have the privilege of taking Said farm at its ^actual costs and

it is my desire that my heirs yet claim their interest to him

in Said farm if he elects to take the Same

And I do hereby nominate and appoint my Son John Grady

my Executor of this my Last Will & testament and it is my request

that he Should not be required to Give bond

In testimony whereof I have hereunto Subscribed my name

this 29th day of October AD 1871 Miles Grady

Subscribed by Miles Grady in our

Presence who at his request and in

his presence and in the Presence of each other have hereunto Set or

names Joseph McPhillips

The State of Ohio } } John Shea

Delaware County ss } Probate Court } C H McElroy

Personally appeared in open Court Joseph M Philips John

Shea and C.H. McElroy the Subscribing witnesses to the Last will

and testament of Miles Grady deceased who being duly Sworn

according to law to speak the truth and nothing but the truth in

relation to the Execution of Said Will depose and Say that the paper

before them purporting to be the Last Will and testament of Miles

Grady now deceased is the Will of Said deceased Miles Grady

that they were present at the Execution of Said Will & at the request of the

testator Subscribe the names to the Same as witnesses in his presence & that

they Saw the Said Miles Grady deceased Sign & Seal Said Will & heard him

acknowledge the Same to be his last Will & testament that the Said Miles Grady

at the time of making signing and sealing

Said will was of legal age and of Sound
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 198)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 198)

Description

[page 198]

[corresponds to labeled page 165 of Will Records Vol. 5 1869-1876]


165


and disposing mind and memory and under no undue restraint

whatsoever Joseph McPhilips

John Shea

C H McElroy

Sworn to and Subscribed in open Court this 17th day of November

AD 1871 B.C. Waters Probate Judge


Will and Estate of Greer McIlvain deceased

Record of the Last Will and testament of Greer McIlvain deceased

Proceedings had before the Hon B C Waters Judge of the Probate Court

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

office in the Court House in the Town of Delaware on the 7th day of

December AD 1871

Will and Estate of Greer McIlvain deceased

On this day the last Will and testament of Greer McIlvain of

Delaware County deceased were presented for Probate and Record

whereupon Abner Andrus and W.O. Hanby the Subscribing witnesses

thereto and were duly Sworn and their testimony reduced to writing

and annexed to the Will and filed therewith And it appearing to

the Court that the Said will was duly Executed and attested and that

the Said Testator at the time of Executing the Same was of full age and

of Sound mind and memory and not under any restraint it is

therefore considered and ordered that the Said will be admitted to

Probate and record as duly Proved as the Last will and testament of

Greer McIlvain deceased and at the Same time came John T

McIlvain the Executor named in the Will & Gave Bond in the Sum

of Eight Thousand Dollars with John H Bale and Abner Andrus

as his Sureties Bond accepted Letters Issued etc

B.C. Waters Probate Judge

Copy of the Will

I Greer McIlvain of Orange Township Delaware County Ohio

do make and Publish this my Last Will and testament

Item 1st I Give and devise to my wife in Lieu of her dower the

farm on which we now reside Situate in Orange Township Delaware

County Ohio the Same Purchased of Lyman Howe and wife and

containing about one hundred acres during her natural life

and one Gray Mare about ten years old two cows one a white

heifer four years old one a white and red speckled cow about six

years old -- all the hogs wheat potatoes -- all the corn fodder and

hay necessary for her use for one year -- all the wheat now growing

and the Share that would be coming to me of the wheat now Sown

on the fifty acres purchased of Ranson Clements all the household

Goods and furniture at the time of my decease during her natural life

as aforesaid At the death of my Said wife the real Estate aforesaid

I give and devise to my Sons and daughters Samuel McIlvain and

John Franklin McIlvain and Emma McIlvain and their heirs
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 199)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 199)

Description

[page 199]

[corresponds to labeled page 166 of Will Records Vol. 5 1869-1876]


166

Record of the Will of Greer McIlvain deceased


Item 2d I do hereby nominate and appoint John Franklin

McIlvain Executor of this my last will and testament hereby authorizing

and empowering him to compromise adjust release and discharge

in Such manner as he may deem proper the debts and claims due

me I do also authorize and empower him to Sell by Private

Sale or in Such manner upon Such terms of credit or otherwise

as he may think proper all or any part of the fifty acres purchased

of Ransom Clements and wife and all my personal or chattel

property not bequeathed to my wife and out ^of the Proceeds of the Same

to pay all my Lawful and Just debts and the remainder part of

proceeds of Said Sale of real Estate and Chattels Property or any Part

of Land fifty acres remaining unsold I do hereby Give and devise

the Same to Margaret Pace and Joseph McIlvain and their heirs

My Executor is hereby authorized and empowered to Execute

acknowledge and deliver to purchase of land Sold by him deeds

in fee Simple I desire that no appraisement - be made and

no Sale of any of any part except as directed and that the Court

of Probate direct the omission of the Same in pursuance of the

Statute

In testimony hereof I have hereunto Set my hand and Seal this

this 23d day of October in the year 1871

Greer McIlvain {seal}

Signed and acknowledge

by Said Greer McIlvain as his

Last Will and testament in

our presence and Signed by us in

his presence) Abner Andrus

W.O. Hanby

The State of Ohio }

Delaware County ss } Probate Court

Personally appeared in open Court Abner Andrus and

W.O. Hanby the Subscribing witnesses to the last Will and

testament of Greer McIlvain deceased who being duly

Sworn according to law to speak the truth the whole truth and

nothing but the truth in relation to the Execution of the Said will

depose and Say that the paper before them purporting to be the Last

Will and testament of Greer McIlvain now deceased is the

Will of Said deceased Greer McIlvain that they were present

at the Execution of Said Will at the request of the Testator Subscribed

their names to the same as witnesses in his presence and that they

Saw the Said Greer McIlvain deceased Sign and Seal Said Will

and heard him acknowledge the Same to be his last will and testament

that the Said Greer McIlvain at the time making Signing and Sealing

Said will was of Legal age and of Sound and disposing mind & memory

and not under any unlawful restraint whatsoever

Sworn to & Subscribed in open Court this } Abner Andrus

7th day of December AD 1871 B.C. Waters Probate Judge} W.O. Hanby
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 200)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 200)

Description

[page 200]

[corresponds to labeled page 167 of Will Records Vol. 5 1869-1876]


167

Record of the Will of William Watkins deceased


Proceedings had before the Hon B.C. Waters Judge of Probate Court within

and for the County of Delaware and State aforesaid at his office in the Court

House in the Town of Delaware on the 13th day of December AD 1871

Will and Estate of William Watkins deceased

On this day the Last Will and testament of William Watkins deceased Late of

Delaware County were presented for Probate and Record whereupon Abraham

Lloyd and David O. Thomas the Subscribing witnesses thereto came and

were duly Sworn and Examined and their testimony reduced to writing

and annexed to the will and filed therewith And it appearing to the

Court that Said will was duly executed and attested and that the Said

testator at the time of Executing the Same was of full age and of Sound

mind and memory and not under any restraint it is therefore considered

and ordered that the Said Will be admitted to Probate and record as duly

Proved as the Last Will and testament of William Watkins deceased

and at the Same time came Mary Watkins and Thos Watkins the Executor

named in the Will and Gave Bond in the Sum of $6500.00 dollars

with Abraham Floyd and David O Thomas as his Sureties

B.C. Waters Probate Judge

Copy of Will

I William Watkins of Radnor Township Delaware County Ohio

do make and Publish this my Last Will and testament in the manor

and form following that is to say

1st It is my will that my funeral Expenses and all Just debts

be fully paid

2d I Give devise and bequeath to my beloved wife Mary all my

Property Real and Personal that I own at the time of my death

Except the old Farm containing one Hundred and Ten Acres

More or less and the In lot No 30 in the old Town of Delhi during

her lifetime and to have the whole control of it

3d I Give devise and bequeath to my following Children my Sons

David and William and my Daughters Margaret Mary Dorothy and

Sarah Jane the old Farm containing one Hundred and Ten acres

more of less equally divided between them after my death

but all my debts to be paid part by them from the Proceeds of

the Farm

4th I Give devise and bequeath to my Son Thomas the Farm I now

reside in the Town of Delhi Containing One Hundred and Thirty

acres more of less that is to include the Forty acres I have bought

from John N Cox after the death of my Wife Mary My Son Thomas

is to pay the following Sums Five Hundred Dollars to my Daughter

Dorothy in one year after the death of my wife Mary without Interest

also Four Hundred dollars in three years with Interest for two years

after the death of my wife Mary making Nine Hundred Dollars

to be paid to my Daughter Dorothy also Nine Hundred Dollars to

be paid to my Daughter Sarah Jane at the Same time as Dorothys

payments and the Same Interest also one Thousand Dollars to my

Grand Daughter that is my Son John Daughter when She becomes

of age and my Son Thomas is to pay interest on the one Thousand
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 201)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 201)

Description

[page 201]

[corresponds to labeled page 168 of Will Records Vol. 5 1869-1876]


168

Record of the Will of William Watkins deceased

Dollars to my Granddaughter at the rate of Six percent per annum

commencing in one year after the Death of my wife Mary also one

Hundred dollars to each of my Grand Children my son Davids

Son William my Daughter Marys Son William also my Sons

Williams Son William and my Son Thomas Son William My son

Thomas is to pay each of the above my Grandchildren one Hundred

dollars when each shall become of age without Interest Provided

on the condition of my Son Thomas dies leaving no children the

above described property Shall be equally divided between his

Brothers and Sisters

5th I give devise and bequeath in addition to other Legacies mentioned

in the Will to my Daughter Dorothy In Lot No 36 in the Old Town

of Delhi and the Buildings and the improvements on the Said Lot

after my death that is She is to have Possession of the premises

and Lastly I hereby constitute and appoint my wife Mary and

My Son Thomas to be Executor for this my last Will and testament

revoking and annulling all former Wills by me made and satisfying

and confirming this and no other to be my Last Will and Testament

In testimony whereof I have hereunto set my hand and Seal

this 24th day of April Ad 1871

William Watkins {seal}

Signed published and declared

by the above named William

Watkins as and for his Last Will

and testaments in presence of us

who at his request have Signed as

witnesses

David O. Thomas

Abraham Lloyd

The State of Ohio } In the matter of the Last will and testament

Delaware County ss } of William Watkins of Radnor Township decd

We Abraham Lloyd and David O Thomas being duly Sworn

in open Court this 18th day of December A D 1871 depose and Say that

We were present at the Execution of the Last Will and testament of

William Watkins of Radnor Township Delaware County hereto

annex bearing date 24th day of April A D 1871 that we Saw the

Said testator Subscribe Said William heard him publish and declare

the Same to be his Last will and testament and that the Said testator

at time of Executing the Same was of full age and of Sound mind

and memory and not under any restraint and that we Signed the

Same as Witnesses at his request and in his presence and in

the presence of each other David O. Thomas

Abraham Lloyd

Sworn to and Subscribed before me in the Probate Court

this 13th day of December AD 1871

B.C. Waters Probate

Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 202)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 202)

Description

[page 202]

[corresponds to labeled page 169 of Will Records Vol. 5 1869-1876]


169

Record of the Will of Benjamin M. Fairchild

Will and Estate of Benjamin M Fairchild Deceased

This day the Last Will and Testament of Benjamin M Fairchild

deceased was presented for Probate & Record whereupon John

Cook and Helen E Cook the Subscribing Witnesses thereto came

and were duly Sworn and Examined and there testimony reduced

to writing and annexed to the will and filed therewith and it appe

-aring to the Court that the Said will was duly Executed and attested

and that the Said testator Benjamin M Fairchild was at the time

of Executing the Same of full age and of Sound mind and memory

and not under any restraint It is therefore considered and ordered

that the Said Will be admitted to Probate and Record as duly

proved as the Last Will and testament of the Said Benjamin

M Fairchild deceased and Be recorded as Such

B.C. Waters Probate Judge

Copy of the Will

Know all men by these Presents that I Benjamin M

Fairchild of Harlem Township Delaware County State of Ohio

do make and Publish this my last will and testament

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

dower Twenty Acres of Land lying West of Benjamin

Derlings farm Situated in the Part tier of Lots in Section (3)

Township & Range 16 U.S.M

2d I Give and devise to my daughter Huldah Fairchild and

my wife the farm on which we now reside Situate in the

North part of Lot 3 (3 quarter Township 3 Range 16 United States

Military containing one Hundred and fifty acres during

their natural lives and all the Stock household Goods

furniture provisions and other Goods and chattles which

may be thereon at the time of my decease during their natural

lives as aforesaid my wife however Selling so much thereof

as may be Sufficient to pay my Just debts funeral expenses

and Tombstone Either Survivor holding the farm till her

death - with the Personal property I appoint Mary Ann Fairchild

my wife executrix

3d After the decease of my Daughter Huldah Fairchild and

My Wife the Probate Judge Shall appoint an Executor who

Shall Sell at Public Sale to the highest responsible bidder

the Farm on which we now reside containing one Hundred

and fifty acres more or Less with the Personal property left

by Land Daughter and Wife and pay their Just debts and funeral

Expenses Purchase and Set Suitable Tombstones

4th I will and devise to my Son Sherman Fairchild

one Thousand dollars and to my Daughter Electa Cockerell

Eight Hundred dollars to be next Paid

5th and Lastly I will and devise that the balance left in the

Executors hands after paying expenses be equally divided between

my Daughters Sally Closson the Heirs of Clara Williams deceased

one Share Polly Williams Mahala Adams Electa Cockerell
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 203)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 203)

Description

[page 203]

[corresponds to labeled page 170 of Will Records Vol. 5 1869-1876]


170

Record of the Will of Benjamin M Fairchild deceased


and Sherman Fairchild My Stepsons Denison Johnson Harris

Johnson Step daughter Mary Ann Horlocker and Step niece

Mary Ann Miller all to have one equal Share of Said Balance

left in Said Executors hands

In testimony whereof I hereunto Set my hand and Seal

This Second day of July one Thousand Eight Hundred and

Sixty Six Benjamin M. Fairchild {seal}

Signed and acknowledged by Said Benjamin M. Fairchild

as his last will and testament in our Presence July 2d 1866

John Cook

Helen E. Cook

The State of Ohio }

Delaware County ss } In the matter of the Last will and testament

of Benjamin M Fairchild deceased

We John Cook and Helen E Cook being duly Sworn

in open court this 2d day of January Ad 1872 depose and

Say that we were present at the Execution of the last will

and testament of Benjamin M Fairchild of Harlem

Township in Delaware Co hereunto annexed bearing date

Second day of July 1866 that we Saw the Said Testator Subscribe

Said said Will and heard him publish and declare the Same to

be his last Will and testament and that the Said testator

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

mind and memory and not under any restraint

and that We Signed the Same as Witnesses at his request and

in his presence and in the presence of each other

John Cook

Helen E Cook

Sworn to and Subscribed before me in the Probate Court

the 2d day of January Ad 1872 B.C. Waters Probate Judge

Codicil To the will of B.M. Fairchild decd

Whereas I Benjamin M Fairchild on the Second day

of July 1866 made my Last Will and testament of that day and

Whereas My daughter Mahala Adams has Since died

without Issue I therefore hereby make and declare the following

to be a codicil to my ^said Just will I do hereby Give and bequeath

the portion that would by the terms of Said Last Will have

went to the Said Mahala Adams to the Persons mentioned

in said Item No 5 of Said Will Whereas my daughter

Electa Cockerell being dead leaving two heirs one boy and

one girl

I will and devise to Said children the Amount in Item

No 4 Viz Eight Hundred dollars also the Share in Item

No 5 N Being the amount willed to my daughter Ellecta

Cockerel in Said Item to be equally divided I further

direct that if Either or Both of Said children
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 204)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 204)

Description

[page 204]

[corresponds to labeled page 171 of Will Records Vol. 5 1869-1876]


171

Record of the Will of Benjamin M Fairchild decd


are not of lawful age when my Executor Shall Settle With the Court

The Court is directed to appoint some suitable person to take

charge of said money and keep till Each are of Lawful age when

said amount Shall be paid to each with the Interest that may

accrue Except Costs

I do further Give and bequeath to my beloved wife and

Huldah for and during their natural lives according to the terms

Stipulations mentioned in my last will all my personal goods

moneys chattels and property of every description and after there

death direct that the residue that may Remain unexpended

be divided and distributed according to the terms of my Said

will

In witness whereof I have hereunto Set my hand and seal

this Eighth day August 1868 Benjamin M Fairchild {seal}

In Presence of }

John Cook }

J S Saunders }

The State of Ohio }

Delaware County ss } In the matter of the Last Will and testament

of Benjamin M Fairchild deceased

We John Cook and J S Saunders being duly Sworn in

open Court this 2d day of January A D 1872 depose and Say

that we were present at the execution of the codicil of the will of

Benjamin M Fairchild of Harlem Township Delaware

County hereunto annexed bearing date Eight day of August

1868 that we Saw the Said testator Subscribe Said Will and heard

him Publish and declare the Same to be his last will and

testament and that the Said testator at the time of Executing the

Same was of full age and of Sound mind and memory

and not under any restraint and that we signed the same

as witnesses at his request and in his presence and in

the Presence of Each other John Cook

J S Saunders

Sworn to and Subscribe before me in the Probate Court

this 2d day of January AD 1872

B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 205)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 205)

Description

[page 205]

[corresponds to labeled page 172 of Will Records Vol. 5 1869-1876]

172


Record of the Last Will of Sarah Lawson deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

his office in the Court House in the Town of Delaware on the 17th day

of May 1871

Will and Estate of Sarah Lawson deceased

This day the Last will of Mrs Sarah Lawson Late of Liberty Township

in said County was presented for Probate and Record the Will dated

the 16th day of October AD 1854 and Witnessed by J R Heim L J

Rybold & John H Stendler and it appearing to the Court that they

are Living in the City of Baltimore in the State of Maryland the

Said will was copied and placed on file and the original was sent with

a commission to Henry R Dulavy at the City of Baltimore in the

State of Maryland to take and Report the testimony and Deposition

of the Said witnesses to the Said will and it appearing to the Court that

there was attached to the Said will a codicil dated May 6th 1856 and

witnessed by Stephen O Leary James Stewart and John Renecker

also residents of the City of Baltimore in the State of Maryland as

witnesses to the Said codicil whose testimony is also to be taken

by Said Commissioner and this matter is thus continued to await

return of Said commission and after wards the Said commission was

duly returned with the testimony of the Said witnesses duly reduced to

writing and attached to the will and filed therewith And it appearing

to the Court that Said Will was duly Executed and attested and that the

Said testator at the time of Executing the Same was of full age and of

Sound mind and memory and not under any restraint it

is therefore ordered that the Said will be admitted to Probate and

Record as duly Proved as the last will and testament of Sarah Lawson

deceased and Be Recorded as Such

B.C. Waters Probate Judge


Copy of the Will

I Sarah Lawson of the City of Baltimore in the State of Maryland being

of Sound and disposing mind and memory and understanding do make

publish and declare this Instrument of writing as and for my Last will

and testament hereby revoking and annulling all other wills by

me at any time heretofore made declaring this to be my last as follows

that is to Say

First I direct my Executor hereinafter named to pay immediately after

my decease my funeral expenses and all my Just debts --

Secondly In as much as my children the Issue of my first marriage which

was with Warner were provided for in an ample manner at the

tune of his decease by the division among them of his estate I therefore

now devise and bequeath to my two daughters Sarah Young and

Louisa Pennell the Issue of my Second Marriage which was with

Robert Lawson all my Estate of Every and Equally to be divided

between them Share and Share alike as follows I Give and

bequeath to Sarah Young one half part of whatever Sum of

money may be in his hands due and owing to me by him at the time
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 206)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 206)

Description

[page 206]

[corresponds to labeled page 173 of Will Records Vol. 5 1869-1876]


173

Record of the Last Will of Sarah Lawson deceased


of my death having heretofore deposited in his care the Sum of fifteen

Hundred Dollars of which Sum I owe him Two Hundred dollars to

hold the Said Sum So bequeathed into the Said Sarah Young for her Sole

and Separate use and benefit during her natural life without being

Subject to the control of her Said Husband or in any manner liable

for his debts contracts or engagements and at and from the time of her

decease I Give the Said half Part of Said sum So as aforesaid in the hands

of George W Young unto the children of said Sarah Young living

at her decease Share and Share alike the children of my deceased child

to take by representation the Share to which there Parent would have been

entitled if Living at the decease of Said Sarah Young

Thirdly I do Give and bequeath to George W Young the other half of the Sum

of money which may be in his hands due and owing to me by him

at the time of my decease on trust for the Sole and Separate use of

Louisa Pennell the Wife of William P. Pennell during natural life with

full Power to Said George W Young with the consent of Said Louisa Pennell

to invest the Said Sum of money in the Purchase of a Dwelling House

or any other kind of Property real or Personal So that the Said Louisa

Pennell may have and use the income and profit thereof for the

term of her natural life without being in any manner liable

for the debts contracts or engagements of the said Husband or Sublet

to his control and at and from the time of the decease of Said

Louisa Pennell I do Give and bequeath the Said half Part

of Said Sum So as aforesaid in the hands of George W Young

unto the children of said Louisa Pennell living at her decease

equally to be divided between them Share and Share alike.

the children of any deceased child to take by representation

the Share to which their Parent would have been entitled if

Living at the time of the decease of Said Louisa Pennell the title

to any Property which may be purchased with Said money

as aforesaid to be vested in Said George W Young in trust

for the use aforesaid during the Life of Louisa Pennell

and at Her death to be divided as aforesaid among her Said

children

And Lastly I do hereby constitute and appoint George W Young

the Sole Executor of this my Last Will and testament In witness

whereof I have hereunto Subscribed my name and affixed

my Seal on this the Sixteenth day of October in the year Eighteen

hundred and fifty four. her

Sarah x Lawson {seal}

mark

Signed Sealed and declared by Sarah Lawson the above named

Testator to be her Last Will and testament in our presence who at

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

hereunto Subscribed our names as witnesses thereto

J. B. Hand

John H Slendle T B Rhozboloz
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 207)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 207)

Description

[page 207]

[corresponds to labeled page 174 of Will Records Vol. 5 1869-1876]


174

Record of the Will of Sarah Lawson deceased

Codicil to the Will

I Sarah Lawson of the City of Baltimore in the State of

Maryland being of Sound and disposing mind and

memory and understanding do make and publish this

Codicil to my Last Will and testament dated the Sixteenth

day of October 1854 to which it is annexed in manner and

form following - Whereas Since the Execution of my Last

Will & testament aforesaid I have purchased Twenty acres of

Land Situate in Delaware County in the State of Ohio with part

of the money mentioned and bequeathed in my will and have

received a Deed therefor ^upon which Parcel of Land My daughter Louisa

Pennell now resides and it is my wish and request that my

Executor heretofore named in my will shall have the right and

Power to Sell and dispose of the Said parcel of Land So Purchased

as aforementioned from the Said Lyman Andrews in case he

Shall deem it necessary or proper to do So in Settling and distrib-

uting My Estate for the purpose and in the manner directed

in my Said Will therefore I do authorize and Empower my

Said Executor to Sell the Said parcel of Land before mentioned

Either at public or private Sale as he may think most desira

-ble and upon Such terms as he may deem best and most

advantageous and dispose of and Invest the proceeds of Such

Sale with Such other amounts of money may be in his land

Possession belonging to me at the time of my decease in the

manner and for the purpose and uses directed in my Said

Will

In witness whereof I do hereunto Subscribe my name and affix

my Seal on this Sixth day of May in the year Eighteen Hundred

and fifty Six her

Sarah x Lawson {seal}

mark

Signed Sealed published and declared by Sarah Lawson the

above named Testator to be a codicil to her Last Will and

testaments in our presence who at her request in her presence

and in the presence of each other have hereunto Subscribed

our names as witnesses thereto Stephen Oleary

James Stewart

John F Renicker

Commission to take Testimony of Witnesses to will

The State of Ohio } To Henry R Dulavy Greeting

Delaware County ss } Know ye that we in confidence of your

prudence and fidelity have appointed you and by these

presents do Give you full Power and authority to examine

and take the deposition of J B Heim L J Rayboltz John

H Standish witnesses to the will and Stephen O Leary James

Stewart and John T Renicker as witnesses to the codicil

subscribing witnesses to the Last Will and testament of

Sarah Lawson and codicil thereto hereunto annexed
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 208)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 208)

Description

[page 208]

[corresponds to labeled page 175 of Will Records Vol. 5 1869-1876]


175

Record of the Will of Sarah Lawson deceased:


Late of the County of Delaware in the State of Ohio deceased And therefore

we command command you that on certain days and places appointed by

you you cause the Said JB Heim LJ Raybold John H Standish witnesses

witnesses to the Will & Stephen OLeary James Stewart and John F Renkes

witnesses to the codicil to be brought before you and then and there

to examine them on oath or affirmation Just taken before you touch

ing the due Execution of Said will of Said Sarah Lawson and the

Codicil and reduce Such Examination to writing and return the

Same together with the commission and the will of said Sarah Lawson

and codicil thereto annexed closed in under your Seal unto Said

Probate Court with all Speed In testimony whereof I

BC Waters Judge of Said Court at Delaware this 17th day of May

AD 1871 BC Waters Probate Judge

{seal}

In the matter of the Last will and testament and codicil thereto of

Sarah Lawson deceased I Henry R Dulany Commissioner for

Ohio in Maryland at Baltimore duly appointed and comm

issioned by the Judge of the Probate Court of the County of Delaware

in the State of Ohio to take the testimony of JB Heim TJ

Raybold and John H Stewart witnesses to the Will and Stephen

OLeary James Stewart and John F Reniker witnesses to

the Codicil of Sarah Lawson deceased Late a resident of Said

County of Delaware in the State of Ohio which commission and

the Said will and Codicil Marked "A" & "B" on Parts annexed do

herby certify that in pursuance of Said commission I caused

on the twenty eighth day of June A D 1871 Anna C Heim and

Clarra A Raybold widows of the Said JB Heim & TJ Raybold

deceased and the Said John T Renecker and Stephen OLeary

on the 25th day of July 1871 to come personally before me at my

office No 36.56 Paul Street Baltimore Maryland who being by

first duly Sworn according to Law to Speak the truth the whole truth

and nothing but the truth concerning and in relation to the execution

of Said will and codicil depose and Say to wit the Said Mrs Anna C Heim

and Clarra A Raybold depose and Say that they have carefully Examined

the Signatures of JB Heim and TJ Raybold attached to Said

will and recognize the Same be be in the hand writing of there

former Husbands of JB Heim and TJ Raybold both of whom

are now deceased and they further depose and Say that they are

well acquainted with the hand writing of there respective Husband

and in Giving the Said testimony Speak from there Personal

Knowledge thereof and also they each testify that they heard

their respective Husband refer to the Said Will and State that

they had Signed the Same as witnesses and that the Said TJ

Raybold died in April last part JB Heim on the 26th day of

January 1870 Anna C. Hunn

Clarra A. Raybold
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 209)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 209)

Description

[page 209]

[corresponds to labeled page 176 of Will Records Vol. 5 [1869-1876]


176

Record of the Will of Sarah Lawson deceased


And the Said John T Renicken deposes and Says that he was present

at the making of Said Codicil hereto attached marked B and at

and at the request of the deceased Subscribed his name to Said

Codicil as witness in the presence of the deceased and of James

Stewart and Stephen O'Leary the other witnesses that he

Saw the Said Sarah Lawson Sign and Seal Said Codicil

and heard her acknowledge the Same to be her codicil

of full age and of Sound mind and memory and not under

any undue or unlawful restraint whatsoever and that

he knows nothing about the witness James Stewart

John F Renicker

And the Said Stephen O'Leary deposes and Says that he

was present at the making of Said Codicil hereto attached

marked 'B' and at the request of the deceased Subscribed his

name as a witness to said will in the presence of the deceased

and of the other witnesses thereto that he Saw the Said Sarah

Lawson deceased Sign and Seal Said Codicil and heard her

acknowledge the Same to be a codicil to her Last will and

testament that the Said Sarah Lawson deceased was at the

time of making Signing and Sealing Said Codicil of Legal

age and of Sound mind and memory and not under

a unlawful restraint whatsoever

Stephen O'Leary

I Harry R Dulaney do further Certify that the Said Stephen

O'Leary not being in attendance on the 28 day of June 1871

a further day was by me appointed to take his deposition

and a Summons duly placed in the hands of the proper

officer to compel his attendance thereon but he failing

to appear was again Summoned to come before me the

25th day of July 1871 at which last mentioned time he

personally appeared and reduced his testimony as above

Stated. And I do further testify that all of the Said

testimony was reduced to writing by my Self in the

presence of Said witnesses respectively and Subscribed

by Said witnesses in my presence on the 28th day of June

July 1871 at my office No 36 St Paul Street in the City

of Baltimore in the State of Maryland In testimony

whereof I have hereunto Seal my hand and affixed my

official Seal the twenty fifty day of July Ad 1871

Harry R Dulavy

Commissioner for Ohio in Maryland at

{seal} Baltimore
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 210)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 210)

Description

[page 210]

[corresponds to labeled page 177 of Will Records Vol. 5 [1869-1876]


177

Record of the Will of James Kent deceased

Proceedings had before the Honorable B.C. Waters Judge of the Probate Court

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

the Court House in the Town of Delaware on the 22d day of January 1872

Will and Estate of James Kent deceased

On this day the Last Will and testament of James Kent of Delaware

County deceased were presented for Probate and Record whereupon

Pierson P. Slack John M. Williams Annis Williams the Subscribing

witnesses thereto came and were duly Sworn and Examined and there

testimony reduced to writing and annexed to the will and filed there

-with and it appearing to the Court that the Said Will was was duly

Executed and attested and that the Said testator at the time of Executing

the Same was of full age and of Sound mind and memory and not under

any restraint it is therefore considered and ordered that the Said will

be admitted to Probate and Record as duly Proved as the last will and

testament of James Kent deceased and at the Same time came the

Said Pierson P Slack and Gorge Hall the Executors named in the will

and Gave Bond in the Sum of $2900.40 with John M Williams

& W S Andrews as their Surety Bond accepted and letter Issued

B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I James Kent of

the County of Delaware and State of Ohio do make and

Publish and Publish this my Last Will and testament

Item 1st I Give and bequeath to George hall of Delaware

Co Ohio all my property and effects in trust for the use

of my Beloved wife during her natural life I desire that

Said George Hall Shall collect the amount that may be due

me to pay all my Just debts including my Last Sickness and

funeral expenses After which Said remaining money to be

placed on interest for the Benefit of my wife and children

Item 2d I desire that Said Hall Shall pay to my beloved

wife for her Support the Sum of One Hundred and fifty dollars

annually So long as She may Live

item 3d I desire that Said Hall pay to my daughter Malinda

Standish for her benefit exclusively the Sum of thirty dollars

annually

Item 4th at the death of my Said wife I desire

that all necessary expenses be paid and the remainder of my

property divided equally between all my children towit

Shiveral Kent Pleasant Kent Elmore Kent and Malinda

Standish

Item 5th I do hereby nominate and appoint

Pierson P. Slack and George Hall Executors of this My last

will In testimony thereunto Set my hand and Seal this

8th day of January A.D. 1872 his

James x Kent

mark

Signed and acknowledged by Said James Kent as
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 211)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 211)

Description

[page 211]

[corresponds to labeled page 178 of Will Records Vol. 5 [1869-1876]


178

Record of the Last Will and testament of James Kent decd


his last will and testament in our Presence and signed by us in

his presence Dated this 8th day of January 1872

Pierson P Slack

John M Williams

Annis Williams

The State of Ohio } In the matter of the Last will and testament

Delaware County ss } of James Kent of Liberty Township deceased

We Pierson P Slack John M Williams and Annis Williams

Being duly Sworn in open Court this 22d day of January

A.D. 1872 depose and Say that we were present at the Execution

of the last will and testament of James Kent of Liberty T.P.

Delaware County hereunto annexed bearing date 8th day of Jan

A.D. 1872 that we Saw the Said testator Subscribed Said Will

and heard him publish and declare the Same to be his last

Will and testament and that the Said testator at the time of Execu

-ting the Same was of full age and of Sound mind and Memory

and not under any restraint and that we Signed the Same

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

presence of each other Pierson P Slack

John M Williams

Annis Williams

Sworn to and Subscribed before me in the Probate Court

this 22d day of January AD 1872 B.C. Waters Probate Judge


Record of the Last Will and testament of John Thompson

Proceedings had before the Hon B C Waters Judge of the Court

of Probate Court within and for the County of Delaware and

State of Ohio at his office in the Court House in the Town of

Delaware on the 8th day of February AD 1872 B C Waters Pro Judge


Will and Estate of John Thompson deceased

On this day the last will and testament of John Thompson

of Delaware County deceased were presented for Probate and

record whereupon D.W. Rhodes and C.H. McElroy the sub

-scribing witnesses thereto were duly Sworn and there testi

-mony reduced to writing and annexed to the will and filed

therewith And it appearing to the Court that Said will was

duly Executed and attested and that the Said testator at the time

of Executing the Same was of full age and of Sound mind and

memory and not under any restraint it is therefore consid

-ered and ordered that the Said will be admitted to Probate

and Record as duly Proved as the Last Will and testament

of the Said John Thompson deceased and be recorded

as Such B.C. Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 212)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 212)

Description

[page 212]

[Corresponds to labeled page 179 of Will Records Vol. 5 [1869-1876]


179

Record of the Last Will and testament of John Thompson deceased

Copy of the Will

I John Thompson of Delaware County of Delaware Ohio being of full

age and of Sound mind and memory do make and publish & declare this

to be my Last will & testament hereby revoking all former last wills &

testament and writings the nature of Last will and & testament by me

heretofore made

My will is Just that my funeral charges & Just debts Shall be paid by

my executor hereinafter named

I Give devise & bequeath all the rest and residue of my Estate real and

personal after the payment of my Just debts funeral charges & Expenses

of Execution of this my last will & testament to my Daughter Nancy

Ann Crawford wife of John Crawford of Hancock County Ohio

Hannah Fickle wife of Benjamin Fickle of Wyandott County Ohio

to be divided equally between my Said daughters and if either one of

my Said Daughters Should be deceased then it is my will that the Share

and amount going to Said daughter or daughters who may be deceased

Shall go to the children of Said Daughter or Daughters and Should

Either one of my Said daughters above named die without leaving

children then & in that case it is my will that the Share & amount

devised to her Shall be equally divided between may Surviving

Daughters Should both of the others survive & if but one of them Should

Survive then the amount So devised & bequeathed to the Said Daughter

deceased leaving no Surviving child Shall be equally divided between

the Daughter Surviving and the children of the Daughters deceased

& leaving children Surviving her and Should all three of my

daughters heretofore named be deceased then it is my will that

my Estate Subject to distribution Shall be divided equally among

my Grand children who are the children of my Said named

daughters And I do nominate and appoint John Crawford

of Hancock County Ohio to be the Sole Executor of this my last

will & testament In testimony whereof I the Said John

Thompson have hereto Subscribed my name and affixed

my Seal this 14th day of August AD 1871) John Thompson {seal}

Signed & sealed by the Said John Thompson to be his

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

Subscribed our names as witnesses hereto in the presence of each other

The State of Ohio Delaware County ss } { D.W. Rhodes

In the matter of the last will and testament of John { C.H. McElroy

Thompson deceased We D W Rhodes and C H McElroy being duly Sworn in open

court this 8th day of February AD 1872 depose and Say that we were present at the Execution

of the last will and testament of John Thompson formerly of Delaware Ohio hereto

bearing date the 14th day of August 1871 that we Saw the Said testator Subscribe Said will

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

Said testator at the time of Executing the same was of full age & of Sound mind & memory & not

under any restraint & that we signed the Same as witnesses at his request in his presence & in the presence

of each other } Sworn to & subscribed before me with Probate Court } D.W. Rhodes

this 8th day of February A D 1872 B.C. Waters Probate Judge } C.H. McElroy

{seal}
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 213)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 213)

Description

[page 213]

[corresponds to labeled page 180 of Will Records Vol. 5 [1869-1876]


180

Record of the Last Will & testament of Barnabus Patterson


Proceedings had before the Honorable B.C. Waters Judge of the

Probate Court within and for the County of Delaware and State

of Ohio at his office in the Court House in the Town of Delaware

on the 10th day of February AD 1872 B.C. Waters Probate Judge

Will and Estate of Barnabus Patterson deceased

On this day the last will and testament of Barnabus Patterson

of Delaware County deceased were presented for Probate and

Record whereupon P A Willis and Richard Plunket the Subscribing

witnesses thereto came and were duly Sworn and their testimony

reduced to writing annexed to the Will and pled therewith And

it appearing to the Court that the Said will was duly Executed

and attested and that the Said testator at the time of

Executing the Same was of full age and of Sound mind and of sound mind and

memory and not under any restraint it is therefore

considered and ordered that the Said be admitted to Probate and

record as duly Proved as the last will and testament of the

Said Barnabus Patterson and be recorded as Such and at the

Same came P A Willis the Executor named in the will

and gave Bond in the Sum of $1600 with Walter T. Watson

C D Potter as his surety B.C. Waters Probate Judge


Copy of the Will

In the name of God Amen I Barnabus Patterson of the

Township of Concord County of Delaware and State of Ohio being

of Sound mind and memory do make publish and declare this

my last will and testament

Item 1st I Give devise and bequeath to my beloved wife Malinda

Patterson in lieu of her dower the farm on which we now

reside Situate in Concord Township Delaware Co Ohio containing

about Sixty three acres during her natural life and all the Stock

household Goods furnature provision and other goods and chattles

which may be thereon at the time of my decease after all debts

and claims against my Estate are adjusted during her natural

life as aforesaid

Item 2nd At the decease of my aforesaid wife Melinda Patterson

I do give devise and bequeath the aforesaid farm with all the stock

household goods furnature provisions and other goods and chattles

which may be on the aforesaid farm at the decease of my aforesaid

wife to my beloved daughters Hannah Edgar and Louis Brecht

and their children in equal Shares and of the Said Louisa Brecht

Should die without issue the whole of her Share in the aforesaid farm

goods and chattles to revert to my daughter Hannah and her children

Item 3d To my beloved daughter Elizabeth Seum I do give and

devise the Sum of Five dollars in current funds to be paid as soon

after my decease as practicable

Item 4th To my beloved Grand Daughter Elva Patterson daughter

of my Son Robt A Patterson and his wife Catherine Patterson
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 214)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 214)

Description

[page 214]

[corresponds to labeled page 181 of Will Records Vol. 5 [1869-1876]


181

Record of the Will & testament of Barnabus Patterson decd


I do give and devise the Sum of Five Dollars in current funds to be paid

to her as soon after my decease as Practicable

Item 5th I do hereby nominate and appoint P.A. Willis Executor of this

my last will and testament hereby authorizing and empowering him to

compromise adjust and release in Such manner as he may deem proper

the debts and claims due me to sell all the personal property except such house

-hold goods furnature and other goods & chattles as my aforesaid wife may

choose to retain and after paying all debts against my estate pay the

remainder to my aforesaid wife

In testamony hereof I have hereunto Set my hand and Seal this twentieth

day of January in the year of our Lord one thousand Eight Hundred and

Seventy two his

Barnabas x Patterson {seal}

mark

Signed and acknowledged by the Said Barnabas

Patterson as his last will and testament in our presence and Signed

by us in his presence P.A. Willis

Richard Plunket

The State of Ohio Delaware County ss

In the matter of the Last will and testament of Barnabus

Patterson deceased We P A Willis and Richard Plunket

being duly Sworn in open Court this 10th day of February AD

1872 depose and Say that we were present at the execution of

the last will and testament of Barnabus Patterson of

Delaware County hereunto attached bearing date 20th day

January 1872 that we Saw the Said testator Subscribe Said will

and heard him published and declare the Same to be his last will

and testament and that the Said testator at the time of

Executing the Same was of full age and Sound mind and memory

and not under any restraint and that we Signed the Same

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

presence of each other P.A. Willis

Richard Plunket

Sworn to and Subscribed before me in Probate Court

this 10th day of February AD 1872

B.C. Waters Probate

Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 215)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 215)

Description

[page 215]

[corresponds to labeled page 182 of Will Records Vol. 5 [1869-1876]


182

Record of the Last Will of Sylvanus Davids deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

in the Court House in the Town of Delaware on the 5th day of

March A D 1872

Will and Estate of Sylvanus Davids deceased

On this day the Last Will and testament of Sylvanus Davids

of Delaware County deceased were Presented for Probate and

Record whereupon Came Thomas W Cox and Caleb Harsh

the Subscribing witnesses thereto and were duly Sworn

and there testimony reduced to writing annexed to the

will and filed therewith And it appearing to the Court

that Said Will was duly Executed and attested and that the

Said testator at the time of Executing the Same was of full

age and of Sound mind and memory and not under any

restraint it is therefore considered and ordered that the

Said will be admitted to probate and and Record as duly Proven

as the Last will and testament of Slyvanus Davids deceased

and at the Same time Came Thomas Davids and

Benjamin F Davids the Executor named in the will and

Gave Bond in the Sum of Fourteen Thousand Dollars with

Thomas W Cox and Caleb Harsh as Surtees Letters

Issued Bond accepted x B.C. Waters Probate Judge


Copy of the Will

In the Name of God Amen

I Sylvanus Davids being of Sound & disposing mind

and memory but weak in body do make and publish

this as my last will and testament

Item I I desire and direct that all my Just debts and

funeral expenses be paid out of my estate

Item II I Give and devise to my Beloved wife Margaret

Davids all the household Goods and furniture belonging

to me at the time of my death to have and to hold to her during

her natural life at her death I direct that what may then

remain Shall be equally divided between my children

hereinafter named or their heirs -- and I further direct that

my Said wife Shall have her dower assigned and Set off

to her in the farm of 103 acres on which I now reside

of which the fee is derived to my Son Benjamin F Davids

as hereinafter Set forth

Item III

I Give and devise and bequeath unto my Son

Benjamin F Davids all my personal property consisting

of farming utensils Stock notes accounts except what

I have Given to my Said wife of Household goods and

furniture also I give and devise and bequeath to him

the Farm I now reside on containing of about one

Hundred and three acres in Radnor Township
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 216)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 216)

Description

[page 216]

[corresponds to labeled page 183 of Will Records Vol. 5 [1869-1876]


183

Record of the Last Will of Sylvanus Davids deceased

Delaware County Ohio subject to the above dower right and Estate

of my Said Wife as aforesaid Provided however and this devise

and bequest to my Said Son Benjamin F Davids is Subject to the

following conditions towit that he Shall pay to each of my other

children towit Thomas Davids Mary Elizabeth Robinson Isabella

Jane Bonner Margaret Ann Harman Sarah Magdelana Davids

and Julia Ann Carr Each ^the Sum of Eight Hundred dollars

in addition to what they have each

or any of then received to be paid in Six equal annual payments the

first payment to be made at the expiration of one year after my

death and Said payments are not to draw interest until after

they are due

Item IV. I do hereby nominate and appoint and constitute

my Sons Thomas Davids and Benjamin F Davids as Executors

of this my will

Item V I do hereby revoke and annul all former wills by me

made and declare this and this one by as and for my Last will

and testament The words one year [illegible] before

Execution

In testimony whereof I have hereunto Set my hand

and Seal this 17th day of February AD 1872

} Silvanus Davids {seal}

The above will was declared and }

Published and Signed by the Said Sylvanus Davids as and

for his last will and testament in our presence and we have

at his request Signed the Same as witnesses thereto in his presence

and in the presence of each other Thomas W Cox

Caleb Harsh

The State of Ohio

Delaware County ss } In the matter of the Last will and

testament of Sylvanus Davids deceased We Thomas

Cox and Caleb Harsh being duly Sworn in open Court

this 5th day of March AD 1872 depose and Say that we

were present at the execution of the Last will and testament

of Sylvanus Davids deceased of Delaware County hereunto

annex bearing date 17th day of February 1872 that we Saw

the Said testator Subscribe Said will and heard him publish

and declare the same to be his last will and testament

and that the Said testator at the time of Executing the Same

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

under any restraint and that we Signed the Same as witnesses

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

each other Thomas W Cox

Cable Harsh

Sworn to and Subscribed before me in Probate

Court this 5th day of March AD 1872

BC Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 217)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 217)

Description

[page 217]

[corresponds to labeled page 184 of Will Records Vol. 5 [1869-1876]


184

Record of the Will of Edmond Scott deceased

Proceedings had before the Hon B.C. Waters Judge of Probate

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

at his office in the Court House in Town of Delaware on the

7th day of March AD 1872

Will and Estate of Edmund Scott deceased

On this day the Last Will and testament of Edmund Scott

of Delaware County deceased were presented for Probate and Record

whereupon J.F. Doty and B.F. Loofborrow the Subscribing

witnesses thereto came and were duly Sworn and there testimony

reduced to writing annexed to the will and filed therewith and

it appearing to the Court that Said will was duly Executed and

attested and that She Said testator at the time of Executing

the Same was of full age and of Sound mind and memory and

not under any restraint it therefore considered and ordered

that the said will be admitted to probate and Record as duly

Proved as the Last Will and testament of Edmund Scott decd

and May Scott the Executrix of Said will made accepted

the Said trust no Bond request in accordance with the will

Letters Issued etc B.C. Waters Probate Judge

Copy of the Will

Oxford Township Delaware County June 21st 1869

Know all men by these Presents that I Edmund Scott make

ordain and Establish the following as My last will and

testament

1st I Give and bequeath to my wife Mary all my goods and

chattels of every kind and description with the exceptions

of so much of the Same as it may be necessary to sell in order to

pay my just and legal debts I also appoint her Sole Executrix

with full Power to Settle all my business in the Same manner

that I could if I were alive and I direct that She Shall not be

required by the Court to Give Bail

2d I Give and bequeath to my wife Mary all my Land lying

on the East Side of the road being the Same that I bought of

Miss Pellibone to have and to hold the Same during her natural

Life -- and at her death to be owned by our daughter Angela

3d I give and bequeath my land lying on the west

Side of the road to my daughter Angela it being the same that

I bought of Ezekial Longwell

4th I give and bequeath to Malinda Ellen White all the that

her husband James White may be owing me at the time

of my decease 5th also will that Said James White Shall have

the right to work my Land by Giving one third of the corn

in the Crib and one half of the fodder well put up in the

Shock for three years from the first of next January if he

chooses to do So I Edmund Scott hereby revoke and declare

null and void all former wills which I have made

witness J.F. Doly } Edmund Scott

B.F. Loofbourrow }

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 218)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 218)

Description

[page 218]

[corresponds to labeled page 185 of Will Records Vol. 5 [1869-1876]

185

Record of the Will of Edmund Scott deceased

Codicil to the within will

If my daughter Angela Should die unmarried and having

no child or children then I Give and bequeath all my land to

Malinda Ellen White wife of James but She shall not have nor

hold any part of the Same during the Live time of my wife Mary

June 21st 1869 } Edmund Scott

Witnesses } B.F. Loofbourrow

J.F. Doty

The State of Ohio }

Delaware County ss } Probate Court

Personally appeared in open Court B F Loofbourrow and

J F Doly the Subscribing witnesses to the last will and testament

of Edmund Scott deceased who being duly Sworn according to

Law to speak the truth the whole truth and nothing but the truth

in relation to the execution of Said will depose and Say that the

paper before them purporting to be the Last Will and testament

of Edmund Scott now deceased is the will of Said deceased

also the codicil to the Same annexed that they were present

at the Execution of Said will at the request of the testator

Subscribed their names to the Same as witnesses in his presence

and that they Saw the said Edmund Scott deceased Sign and

Seal Said Will and heard him acknowledge the Same

to be his last will and testament that the Said Edmund Scott

at the time of making Signing and Sealing Said will was

of legal age and of Sound and disposing mind and memory

and not under any undue or unlawful restraint

whatsoever B.F. Loofbourrow

J.F. Doly

Sworn to and Subscribed in open Court this 7th day of

March Ad 1872 B.C. Waters Probate Judge

{seal}


Record of the Last will of Christopher C. Bricker deceased

Proceedings had before the Hon B.C. Waters Judge of the

Probate Court within and for the County of Delaware and State

at his office in the Court House in the Town of Delaware on

the 22d day of March 1872

Will and Estate of Christopher C. Bricker deceased

On this day the Last Will and testament of Christopher C Bricker

of Delaware County were presented for Probate and Record

Whereupon E Kimball and D. Bricker the Subscribing witnesses

thereto and were duly Sworn and there testimony reduced to

writing and annexed to the will and filed therewith and it

appearing to the Court that Said will was duly Executed and

attested and that the Said testator at the time of Executing
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 219)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 219)

Description

[page 219]

[corresponds to labeled page 186 of Will Records Vol. 5 [1869-1876]


186

Record of the Last Will and testament of C.C. Bricker decd


the Same was of full age and of Sound Mind and memory and

not under any restraint it is ordered that the Said Will be admitted

to Probate and Record as duly Proved as the Last will and testament

of Christopher CC Bricker deceased no letters at Presents

BC Waters Probate Judge


Copy of the Will

In the name of the Benevolent Father of all I Christopher C Bricker

of Kingston Township Delaware County Ohio being of Sound

mind and Retentive memory do make this my last will and

testament to with

Item 1st It is my will that my Executor Shall cause all Just and Legal

Claims against my Estate be fully Paid

Item 2nd I hereby Give and bequeath to my beloved wife Eliza Bricker

all of my Estate both real and personal to use or to dispose of

as She may ^desire at any future time

Item 3d I hereby appoint my beloved wife Eliza Bricker Executor

of this my Last will and testament

In testimony of the foregoing I hereunto Set my hand and

affix my Seal this twenty ninth day of December AD 1871

C.C. Bricker {seal}

Signed and acknowledge in our presence and Signed by us

in his presence E. Kimball

D. Bricker

The State of Ohio }

Delaware County ss } In the matter of the Last will and testa

ment of Christopher C. Bricker deceased

We Elias Kimball and D. Bricker being duly Sworn in

open Court this 22d day of March Ad 1872 depose and Say

that we were present at the Execution of Last Will and testa

-ments of Christopher C Bricker of Delaware County hereunto

annexed bearing date 29th day of December 1871 that we Saw the

Said testator Subscribe Said Will and heard him publish and

declare the Same to be his Last will and testament and that

the Said testator at the time of Executing the Same was of full

age and of Sound mind and memory and not under any

restraint and that we Signed the Same as witnesses at his

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

K. Kimball

D. Bricker

Sworn to and Subscribed before me in the Probate Court

this 22d day of March AD 1872

B.C. Waters Probate

Judge

For entry correcting record See Journal 16 page 594
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 220)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 220)

Description

[page 220]

[corresponds to labeled page 187 of Will Records Vol. 5 [1869-1876]


187

Record of the Last Will of Aaron Prall deceased

Proceedings had before the Hon B C Waters Judge of the Probate Court

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

the Court House in the Town of Delaware on the 23d day of March

AD 1872

Will and Estate of Aaron Prall deceased

On this day the Last will and testament of Aaron Prall of Delaware County

deceased were Present for Probate and Record whereupon W M Johnston

Ransom Campbell and Basil Lugenbeel the Subscribing witnesses

thereto came and were duly Sworn and there testimony reduced to

writing annexed to the will and filed therewith And it appearing to the

Court that Said will was duly Executed and attested and that the Said testator

at the time of Executing the Same was of full age and of Sound mind and

memory and not under any restraint it is therefore considered

and ordered that the Said will be admitted to Probate and record as duly

Proved as the Last will and testament of the Said Aaron Prall decd

Copy of the Will

In the name of God Amen I Aaron Prall of the County of Delaware

and State of Ohio being in Good health of body and of Sound mind

and memory and understanding considering the certainty of death

and the uncertainty of the time thereof and being desirous to settle

my worldly affairs and thereby be the better prepared to leave this world

when it Shall please God to call me hence do therefore make and Publish

this my last will and testament in manner and form following

that is to Say

First and principally I commit my soul into the hands of Almighty

God and my body to the earth to be decently buried at the discretion

of my Executor herein after named and after my first debts and

funeral expenses are paid I deserve and bequeath as follows

Item first I Give and bequeath to my daughter May Ann

Slough the wife of Joseph Slough thirteen Hundred dollars during

her life only and after her death to her present child May T Nye

if She Survive her mother if not to revert back to my other legal heirs

to be divided among them equally under this express proviso never the

less that my Executor Shall not be compelled to pay into the hands

of the Said Joseph Slough any thing herein bequeathed unto my Said

daughter Mary Ann Slough but that the Same Shall remain

and continue in the hands of my Executor his Executor or Such person

or persons as he Shall appoint during the life of the Said Joseph Slough

and that during her life the Interest thereon Shall be paid to the Said

Mary Ann Slough and that any receipt witnessing the payment

of Said Interest to the Said May Ann Slough and Signed by her

though covert Shall be Sufficient discharge to my Executor

or person or persons appointed by him as aforesaid

Item Second I Give and bequeath to my Grandchildren

the children of my Son Richard the Sum of Nine Hundred
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 221)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 221)

Description

[page 221]

[corresponds to labeled page 188 of Will Records Vol. 5 [1869-1876]


188

Record of the Will of Aaron Prall deceased

dollars to be equally divided among them Share & share alike

Item third I Give and bequeath the residue of my property to

my Executor for his trouble in Settling my Estate and it is expre

ssly understood that he is to have no other percentage

And Lastly I do hereby constitute and appoint my Son Peter

Prall to be Sole Executor of this my Last will and testament

revoking and annulling all former wills by me heretofore

made rectifying and confirming this none other to be my Last

Will and testament

In testimony whereof I have hereunto Set my hand and ^affixed my Seal

this thirtieth day of March in the year of our Lord one thousand

Eight Hundred and Sixty one Aaron Prall {seal}

Signed Sealed published and declared by Aaron

Prall the Above named testator as and for his

Last will & testament in the presence of us who

at his request in his presence & in the presence of

each other have Subscribed our names as witnesses

thereto W.M Johnston

R. Campbell

B Lugenbeel

The State of Ohio } In the matter of the Last Will and testament

Delaware County ss } of Aaron Prall of Delaware County deceased

We William M. Johnston R Campbell and B Lugenbeal being

duly Sworn in open Court this 23d day of March Ad 1872

depose and Say that we were present at the Execution of the

Last will and testament of Aaron Prall of Delaware County

hereunto annexed bearing date 30th day of march 1861 that

we Saw the Said testator Subscribe Said will and heard him

publish and declare the Same to be his last will and testa-

ments and that the said testator at the time of Executing

the Same was of full age and of Sound mind and memory

and not under any restraint and that we Signed the

Same as witnesses at his request and in his presence

and in the presence of each other

W M Johnston

Ransom Campbell

B Lugenbeel

Sworn to and Subscribed before me in the Probate Court

this 23d day of March AD 1872

B.C. Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 222)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 222)

Description

[page 222]

[corresponds to labeled page 189 of Will Records Vol. 5 [1869-1876]


189

Record of the last Will and testament of John C Johnson decd

Proceedings had before the Hon B.C. Waters Judge of the Probate Court within and

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

House in the Town of Delaw on the 13th day of April AD 1872

April 13 1872 Will and Estate of John C. Johnson deceased

On this day the last will & testament of John C Johnson decd were

presented for Probate and record whereupon James Kyle and

E Abbott the Subscribing witnesses thereto came and were duly

Sworn and their testimony reduced to writing and annexed to

the will and filed therewith and it appearing to the Court

that Said will was duly Executed and attended and that the Said

testator at the time of of Executing the Same was of full age and

of Sound mind and memory and not under any restraint

it is therefore considered and ordered that the Said will be admitted

to Probate and record as duly Proved as the last will and testament of

the Said John C Johnson no letters heard at the present time

B.C. Waters Probate Judge

Copy of the Will

In the name of Almighty God Father of all I John C Johnson

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

last will and testament

Item 1st I Give and devise to my beloved wife all of my personal property

consisting in part of Certain notes Given in the name of my Said

wife by Israel Needles as the purchase money on the Sale of my real Estate

and all other notes moneys and credits together with all Stock

household Goods furnature provisions and all other goods and

chattles not herein mentioned that may be in my possession at

the time of my decease during her natural life) she however

using So much thereof as may be Sufficient to pay all my Just

debts at the death of my Said wife the property aforesaid if

any Shall remain I Give and devise to my heirs Mary C Heffner

William S Johnson and Elizabeth A Johnson at equal Shares

if However Either of my Said Heirs Should die before the decease

of my Said wife leaving no children living at the decease of my Said

wife the property above devised and bequeathed to be equally divided

between the heir or heirs aforesaid that may then be Living if

However all my heirs above mentioned Should die before the

decease of my Said wife leaving no children living at her decease

then I Give and bequeath all my Said property to her legal Heirs

and representatives

Item 2d After the decease of my Said Wife I Give and devise

unto the Missionary Society of the Baptists Churches the Sum

of $15 dollars to be paid out of the property above mentioned

before the division is made to my heirs aforesaid

I desire that no appraisement and no Sale of my property be made

and that the Court of Probate direct the ommission of the Same

in pursuance of the Statute
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 223)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 223)

Description

[page 223]

[corresponds to labeled page 190 of Will Records Vol. 5 [1869-1876]


190

Record of the Will of John C. Johnson decd

In testimony hereof I have hereunto Set my hand and seal

this 24th day January AD 1872

John C. Johnson {seal}

Signed and acknowledged by Said John C Johnson as his

last will and testament in our presence and Signed by us

in his presence James Kyle

E Abbott

The State of Ohio }

Delaware County ss } In the matter of the Last Will and testament

of John C Johnson of Delaware County deceased

We James Kyle and E Abbott being duly Sworn in open

Court this 13th day of April Ad 1872 depose and Say that we

were present at the Execution of the Last Will and testament

of John C. Johnson of Delaware County hereunto annexed

bearing date 24th day of January 1870 that we Saw the Said testator

Subscribe Said will and heard him publish and declare the Same

to be his last will and testament and that the Said testator at the

time of Executing the Same was of full age and of Sound mind

and memory and not under any restraint and that we Signed

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

in the presence of each other James Kyle

E. Abbott

Sworn to and Subscribed before me in Probate Court

this 13th day of April AD 1872 B.C. Waters

Probate Judge

Record of the Will of Andrew J. Green deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

at his Office in the Court House in the Town of Delaware

on the 5th day of April AD 1872 B.C. Waters Probate Judge

Will and Estate of Andrew J Green deceased

April 5th 1872 On this day the last will and testament of Andrew J Green

deceased were presented for Probate and Record whereupon H S Rust

and G W Stover the Subscribing witnesses thereto came and were duly

Sworn and Examined and their testimony reduced to writing

and annexed to the will and filed therewith and it appearing to the

Court that Said will was duly Executed and attested and that the Said

testator at the time of Executing the Same was of full age and

of Sound mind and memory and not under any restraint

it therefore considered and ordered that the Said will be

admitted to probate and Record as duly Proved as the Said will

and testament of the Said Andrew J Green and be recorded

as Such B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 224)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 224)

Description

[page 224]

[corresponds to labeled page 191 of Will Records Vol. 5 [1869-1876]


191

Record of the Will of Andrew J Green deceased

Copy of the Will

In the name of the Benevolent Father of all I Andrew J. Green

of Delaware County Ohio do make this my Last Will and testament

Item 1st It is my will that my wife Elizabeth Shall have the Forty nine

and a half acres of land on which we are now living Situated

on the South Side of the road it being the Lot of land which I bought

of Wm Beardsley

Item 2d It is my will Also that the remainder of my land be divided

Among my three children Sharing Equal with the Exceptions of

Samantha receiving two acres less than the Boys

Item 3d I will to my Wife Elizabeth one Bay mare known by the

name of Mary also one Sow and Pigs one Cow

Item 4th I will to my Son Albert one bay mare four years old and

one buggy and Harness and one Cow

Item 5th I will to my Son Jac L one bay yearling Colt and one Cow

Item 6th I will that after the remainder of my property is Sold at public

Sale and all legal claims against the Estate are Settled if there be

any money left that it Shall be divided Equal between my wife

and their children

Item 7th I will my wife lumber for to make a picket fence and 300

feet of Ash flooring and 25 Bushels of wheat and 50 bushels

of corn also 3 Acres of Sown on the oposit Side of the road

and one two Horse waggon and one Steel Plow

Item 8th I also request that G W Stover be Executor of my Estate

In testimony hereof I have hereunto Set my hand and Seal

this the 19th day of March in the year one thousand Eight

Hundred and Seventy two his

Andrew J x Green {Seal}

mark

Signed and acknowledged by the Said Andrew J Green his

Last Will and testament in presence of

H.S. Rust

G.W. Stover

The State of Ohio Delaware County ss In the matter of

the Last Will and testament of Andrew J Green of Delaware

County deceased We H S Rust and G W Stover being duly

Sworn in open court this 5th day of April AD 1872 depose and Say that we

were present at the Execution of the Last will and testament of Andrew

J Green of Delaware County hereunto annexed bearing date

19th day of March 1872 that we Saw the Said testator Subscribed

Said will and heard him publish and declare the Same to be his

Last will and testament and that the Said testator at the time

of Executing the Same was of full age and of Sound mind and

Memory and not under any restraint and that we Signed

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

presence of each other } H S Rust

} G W Stover

Sworn to and Subscribed before in the Probate Court this 5th day of April 1872

B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 225)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 225)

Description

[page 225]

[corresponds to labeled page 192 of Will Records Vol. 5 [1869-1876]


192

Record of the Will of Daniel Dusenbury decd

Proceedings had in Probate Court of Franklin County

Ohio on the 22d March 1872

Probate Court March 22d 1872

Daniel Dusenburys Will

this day the Last will and testament of Daniel Dusenbury Late

of Genoa Township Delaware County State of Ohio was Produced

in open Court and offered for Probate thereupon Jas. G. Ball

and E.T. Bing are the Subscribing witnesses to Said will appeared

and in open Court on oath testified to the due Execution and

attestation of Said Will which testimony was reduced to writing

and Subscribed by Said Witnesses and it appearing to the Court

from Said Testimony that Said Daniel Dusenbury at the time

of Executing Said Will was of full age and of Sound mind and memory

and not under any restraint It is therefore by the Court ordered

that the Said will be and the Same hereby is admitted to Probate

and that the Same with the testimony So reduced to writing

be recorded in the Will Record of this office

Order Book no 11 Page 484

In the ^Name of the Benovelent Father of all --

I Daniel Dusenbury Sr of Genoa Township Delaware County

State of Ohio being of Lawful age and Sound mind memory

do make and Publish this My Last will and testament --

Item 1st I desire that all my honest debts Shall be Paid --

Item 2d I direct that all my property real personal and mixed

Shall be Sold by my Executors or the Survivor of them as herein

after named and Set forth and the proceeds thereof after defraying

all the necessary expenses of administration Shall be applied

and disposed of as follows ---

Item 3d I Give and bequeath to my beloved wife Mary E Dusenbury

in Lieu of her dower one third of the entire net Proceeds of the

Sale of all my Estate as above directed to her in her own right to

be owned and disposed of as She may chose --

Item 4th I Give and devise after the above bequest has been paid to

my wife to my Grand Son William the Son of my deceased

Son William the Sum of one thousand dollars --

Item 5th I Give and devise out of any remainder of my Estate after the

above bequests to my daughter Ann Shaw the Sum of one

thousand dollars --

Item 6th I devise out of the remainder of my Estate after paying the above

bequests to the Denison University of Granville Ohio the Sum of

one thousand dollars ---

Item 7th I Give and devise out of the remainder of my estate after

paying the above bequests to my Son David and to my daughters

Harriet Hoy and Jane Dusenbury each the Sum of one hundred

dollars ---

Item 8th I Give and devise to my Son George Dusenbury the entire

remainder of my Estate after paying all the above bequests & expenses
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 226)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 226)

Description

[page 226]

[corresponds to labeled page 193 of Will Records Vol. 5 [1869-1876]


193

Record of the Will of Daniel Dusenbury deceased

Item 9th I do hereby nominate and appoint my friend Lot L

Smith and my said beloved wife Mary E Dusenbury Executors of

this my last will and testament hereby authorizing them or the

Survivor of them to compromise adjust release and discharge in

Such manner as they may deem proper all debts and claims due

me I do also authorize empower and direct them or the Survivor of them

to sell by Private Sale or in Such manner upon Such terms of

Credit or otherwise as they may think proper all my estate real

and personal and deeds to purchases to Execute and acknowledge

and deliver in fee Simple and to apply the proceeds according to

the foregoing provisions of this my last will and testament

I desire and request that my Said Executors Shall not be required

to Give bonds and that no no appraisement Shall be made of my

personal property and that the Court of Probate direct omission

of the Same ---

I do hereby revoke all former will by me made

In testimony hereof I have hereunto Set my hand and Seal

this 18th day of August in the year Eighteen hundred and Seventy

one --- David Dusenbury {seal}

Signed and acknowledged by Said Daniel Dusenbury

Sr as his last will and testament in our presence and

Signed by as witnesses in his presence and at his request

Jas G. Bull

E F Bingam


State of Ohio

Franklin County ss } Probate Court

We Jas G Bull and E.F. Bingam being duly Sworn in

open Court this 22d day of March AD 1872 depose and Say that

we were present at the Execution of the Last Will and Testament

of Daniel Dusenbury Sr deceased hereunto annexed that we Saw

Daniel Dusenbury Sr Said testator Subscribe Said Will and

heard him publish and declare the Same to be his last Will

and testament and that the Said Daniel Dusenbury Sr at the

time of Executing the Same was of full age and of Sound mind

and memory and not under any restraint and that we Signed

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

in the Presence of each other Jas G Bull

E.F. Bingam

Sworn to and Subscribed in open Court the day and year

first above written John M. Pugh

Probate Judge

Probate Court April 5th 1872

Daniel Dusenburys Estate

On motion it is ordered that Mary E Dusenbury & Lot L
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 227)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 227)

Description

[page 227]

[corresponds to labeled page 194 of Will Records Vol. 5 [1869-1876]


194

Record of the Will of Daniel Dusenbury deceased

Smith the Executors named in the last will and testament

of Said Daniel Dusenbury late of Genoa Township Delaware

County Ohio deceased who died 1872 be and they

hereby are appointed as Such Executors and that letters testam

entary issue to them thereupon Said Mary E Dusenbury

and Lot L Smith appeared accepted Said trust and Gave

and filed herein Bond conditioned according to Law in the

Sum of Twenty Thousand Dollars with R.P. Woodruff

and R.B. Adams and Electa Newcomb Freeholders as

Surties which bond was approved by the Court and the Court

do appoint Wm Sharp John Knox and John Wagnor

appraisors of the personal property

Order Book No 11 Page 499

State of Ohio

Franklin County ss } Probate Court

I John M. Pugh Judge & Office Clerk of Said Probate

Court of Franklin County Ohio certify that the foregoing

is a true and correct copy of the Last will & testament of Daniel

Dusenbury deceased of the Order of Probate and Testamony

and of the order of Court appointing the Executors named

in Said Will as the Same appears of Record in Said Court

Witness my hand and official Seal at Columbus

this 8th of April 1872 John M Pugh

Judge and Ex office Clerk

of the Probate Court of Franklin

County Ohio


Record of the Will of Daniel Rarick deceased

Proceedings had before the Hon B.C. Waters Judge

of the Probate Court within and for the County of Delaware and

and State of Ohio at his office in the Court House in the

Town of Delaware on the 18th day of April 1872

B.C. Waters Probate Judge

Will and Estate of Daniel Rarick deceased

This day the Last Will and testament of Daniel Rarick deceased

was presented for Probate and Record whereupon William

Cashmer and George Wagnor The Subscribing witnesses

thereto came and were duly Sworn and there testimony

reduced to writing and annexed to the Will and filed there

-with and it appearing to the Court that the Said Will

was duly Executed and attested and that the Said testator

was at the time of Executing the Same of full age and of

Sound mind and memory and not under any restraint

It is therefore Considered and ordered that the Said will admitted

to Probate and record as duly Proved as the Last Will and testament of Daniel

Rarick to be recorded as Such B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 228)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 228)

Description

[page 228]

[corresponds to labeled page 195 of Will Records Vol. 5 [1869-1876]


195

Record of the Will of Daniel Rarick deceased

Copy of the Will

In the name of the Benevolent Father of All I Daniel Rarick

of the Township of Harlem and County of Delaware and in the State of

Ohio do Publish and make this my last will and testament

1st It is my will that all my Just debts and Funeral Expenses be

paid out of my Estate

2d I hereby give to my beloved wife in Lieu of her dower during

her natural life the Farm on which we now live in Said

Harlem Township It is further my will that my Said wife have

so much of my personal Goods and chattels as the Statute Laws of Ohio

has made provisions in Such cases

3d It is my will that my Son Joseph Rarick Shall have all my

Real Estate at the death of my Said wife upon the following conditions

that he pay to my daughter Diannah Line the Sum of One

Hundred Dollars in one year after my death and that he also pay

to my daughter Edith Leak the Sum of one hundred dollars in

two years after my death

In testimony hereof I have hereunto

Set my hand and Seal this 25th day of March AD 1872

his

Daniel x Rarick {seal}

mark

Signed Sealed and acknowledge

by Said Daniel Rarick as his last will

and testament and Signed by us in his presence

and at his requests this 25th day of March AD 1872

William Cashner

George Wagnor


The State of Ohio }

Delaware County ss } In the matter of the last Will and testament

of Daniel Rarick of Harlem Township Delaware County decd

We William Cashner and George Wagnor being duly Sworn

in open Court this 18th day of April AD 1872 depose and Say that we

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

Daniel Rarick hereunto annexed bearing date 25th day of March

1872 that we Saw the Said testator Subscribe Said will and heard

him publish and declare the Same to be his last will and testament

and that the Said testator at the time of Executing the Same was

of full age and of Sound mind and memory and not under

any restraint and that we Signed the Same as witnesses at his

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

{seal] William Cashner

George Wagnor

Sworn to and Subscribed before me in open Court this 18th

day of April AD 1872 B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 229)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 229)

Description

[page 229]

[corresponds to labeled page 196 of Will Records Vol. 5 [1869-1876]


196

Record of the last will and testament of James K McElroy decd


Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

in the Court House in the Town of Delaware on the 1st day of May 1872

B.C. Waters Probate Judge

Will and Estate of James K McElroy deceased

This day the Last Will and testament of James K McElroy deceased were

presented for Probate and Record whereupon Thomas W Cox one of the

Subscribing witnesses thereto came and was duly Sworn and Examined

and his testimony reduced to writing and annexed to the will

and filed therewith and it appearing to the Court that James Eaton

the other Subscribing witnesses was now deceased thereupon Thos

W Cox and George C Eaton was duly Sworn and Examined and their

testimony reduced to writing and attached to the will and filed therewith

and it appearing to the Court that the Said will was duly Executed &

attested and that the said testator at the time of Executing the Same

was of full age and of Sound mind and memory it therefore

considered and ordered that the Said will be admitted and Probate

& recorded as duly Proved as the last will and testaments of

the Said James K McElroy deceased and Be recorded as Such

B.C. Waters Probate Judge


Copy of the Will

I James K McElroy of Delaware Delaware County State of Ohio

being of sound and disposing mind and memory and understanding being

Eighty three years of age do make and publish this my last will

and testament hereby revoking and making null and void all former

last wills and testament or writings in the form or for the Purposes of

Last will and testament by me heretofore made

In the Name of God Amen

1st I will that my body be decently and properly committed to the Grave

to return to the dust from whence it came and my spirit to

God who Gave it

2d I wish all my Just debts and funeral Expenses to be paid by my

Executor hereafter named

3d I Give and bequeath to my beloved wife Hester McElroy the house

and Lot in which we now reside in Said Town of Delaware being

apart of in Lot No 2 and all the beds and bedding and household

furniture during her natural life also the Interest of four hundred dollars

now owing me by my Son John McElroy also the Interest of Ninety

dollars now owing me by my Son Charles A. McElroy and if that

is not Sufficient for her Support She is to use the balance necessary

for her comfortable Support out of my Estate

4th After the death of my Said beloved wife It is my will and wish

that the House and Lot before mentioned and all my personal

property not consumed for the Support of my wife aforesaid and

not disposed of by her be Sold and after paying all expenses attending

the Same the proceeds thereof be divided equally between my
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 230)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 230)

Description

[page 230]

[corresponds to labeled page 197 of Will Records Vol. 5 [1869-1876]


197

Record of the Last Will & testament of James K McElroy deceased


five Sons John McElroy William McElroy James McElroy Charles McElroy

and Thomas McElroy of Thomas McElroy should die before Settlement of

my Estate after the death of my beloved wife his Share is to be Given his Son

Chancy McElroy and of James McElroy Should die before the above Stated

time of the Settlement of my Estate his Share is to be given to be given to his

daughter Prudence however it is my will and bequest that Charles McElroy

Note which I hold draw only Six percent interest after my decease And Provided

further that my beloved wife Hester McElroy be and is hereby authorized

and it is my will that She have full control of all her clothing and Such House

hold furniture as She may wish to dispose of as she may think but

It is also my will and request that if Alexander [illegible] while a young

man be Sick and not able to take care of himself that he be taken

care of out of my Property And I further will and bequeath to Said Alexander

[illegible] my best coat if he thinks it worth taking

I do hereby nominate & appoint my sons John McElroy and Charles

McElroy my Sole executors of this my last will and testament

In testimony whereof I James K McElroy have have subscribed my

name and affixed my seal this Ninth day of November AD 1863

Jas K McElroy {seal}

Signed and acknowledged and declared

by Said James K McElroy to be his last will and testament in presence of us

who at his request Signed the Same in his presence and in the Presence of

each other as witnesses to the Same James Eaton

Thos. W. Cox

Will and Estate of James K McElroy deceased

The State of Ohio Delaware County SS

In the matter of the last will and testament of James K McElroy decd

I Thos W Cox being duly sworn in open Court this 1st day of May

AD 1872 depose and Say that I was present at the Execution of the last

will and testament of James K McElroy deceased hereunto annexed

bearing date Ninth day of November 1863 that I Saw the Said testator

Subscribe Said will and heard him publish and declare the Same to be

his last will and testament that the testator at the time of Executing the Same

was of full age and of Sound mind and memory and not under any restraint

and that I Signed the Same as witnesses at his request and in his presence and in

the presence of each other Thos W Cox

Sworn to and Subscribed before me this 1st day of May 1872 in Probate Court

B C Waters Probate Judge

Delaware Ohio May 1st 1872 In the matter of the last will and testament

of James K McElroy deceased It appearing to the Court that James

Eaton one of the Subscribing witnesses to Said will is now deceased Thereupon

Thos W Cox and George C Eaton appeared in open Court this 1st day of May AD 1872

and after being duly Sworn depose and Say that they are well acquainted with the
hand

writing of James Eaton whose name appears as one of the Subscribing witnesses to
Said

will is in the hand writing of Said James Eaton deceased as they hereby believe
and

Said Thos W Cox further States that he was present and Saw the Said James Eaton
subscribe

his name as witness witness to Said will and that the foregoing Statement is true
of his own

known life Sworn to before me in Probate Court this 1st day of May 1872}
Thos W Cox

B.C. Waters Probate Judge G C Eaton
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 231)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 231)

Description

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198

Record of the Last Will and testament Peter Schultz decd

Proceedings had before the Hon B C Waters Judge of the Probate Court

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

in the Court House in the Town of Delaware on 3d day of June 1872

Will and Estate of peter Schultz deceased

On Thursday the Last Will and Testament of Peter Schultz deceased

were presented for Probate and Record whereupon Hugh Cole

and Solomon Boyer the Subscribing witnesses thereto came

and were duly Sworn and their testimony reduced to writing

and annexed to the will and filed therewith And it appear

-ing to the Court that Said will was duly Executed and attested

and that the Said testator at the time of Executing the Same was of

full age and of sound mind and memory and not under

any restraint it is therefore considered and ordered that the

will be admitted to Probate and Record as duly Proved

as the Last will and testament of Peter Schultz decd and

be recorded and at the Same Henry Coleman Executor

named in the will Gave Bond in the Sum of with

Hugh Cole and Solomon Boyer Surtee Bond accepted

Letters Issue etc B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I Peter Schultz

of the County of Delaware and State of Ohio do make my Last

Will and testament

1st I bequeath to my Daughter Nancy Mariah Schultz $5.00

To my son Henry P. Schultz $105.00

To my son John V. Schultz $95.00

To my son James B Schultz $105.00

as Soon as they may come of legal age or as soon

as will be convenient for my Executor to do so and I do

appoint Henry Coleman my legal Executor to Settle up my

Estate Both real and Personal and after paying all my Just

debts and expenses thereto divide the Balance Equally between

my Said heirs Peter Schultz {seal}

Attest

Signed Sealed in our presence and Signed by him in our presence

April 15 1872 } Hugh Cole

The State of Ohio Delaware County ss } Solomon Boyer

In the mater of the Last will and testament of Peter Schultz deceased we Hugh Cole and

Solomon Boyer Being duly Sworn in open court this 3d day of June AD 1872 depose and Say

that we were present at the execution of the Last will and testament Peter Schultz decd of

Delaware County hereunto annexed bearing date April 15th 1872 that we Saw the Said testator

Subscribe Said will and heard him publish and declare the Same to be his last will and testament

and that the Said testator at the time of Executing the Same was of Sound mind and memory and not

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

and in the presence of each other } Hugh Cole

Sworn to and Subscribed before in Probate Court this } Solomon Boyer

3d day of June AD 1872 B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 232)

Title

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Description

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199

Record of the Last Will and Testament of Isaac Fleming decd

Proceedings had before the Hon B C Waters Judge of the

Probate Cort within and for the County of Delaware and State of Ohio

at his Office in the Court House in the Town of Delaware on the 5th day

of June 1872.

Will of Isaac Fleming

This day the last will and testament of Isaac Fleming deceased was

presented for Probate and Record whereupon Joseph C Porter and Joseph

J. Porter the subscribing witnesses thereto and duly sworn and examined

and their testimony reduced to writing and annexed to the will and

filed therewith and it appearing to the Court that the said will was

duly executed and attested and that the said testator Isaac Fleming

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

mind and memory and not under any restraint, it is therefore con-

sidered and ordered that the said will be admitted to Probate and

Record as duly Proved as the Last will and testament of the said

Isaac Fleming and be Recorded as such and at the same time came

James Fleming and Nelson Fleming the executors named in the

will and gave bond in the sum of Eight Thousand dollars with

Joseph C Porter and James R Hubbell as Sureties. Bond accepted,

Letters Issued etc.

B.C. Waters Probate Judge

"Copy of Will"

"In the name of the Benevolent Father of all I, Isaac Fleming

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

this my last will and testament as follows:

1st I will and devise that my funeral expenses and all my just debts

be fully paid out of my estate.

2nd I give devise and bequeath to Benjamin Fleming my eldest

Son the following described premises Situate in Lincoln Township

in the County of Morrow in the State of Ohio and being the South west

quarter of Section number thirteen (13) in Township No Seven (7) in

Range No Seventeen (17) in the United States Military district in

the State of Ohio containing 46 acres and 75/160 and also I give and

bequeath to said Benjamin Fleming the north west quarter of

the north west quarter of Section number Eighteen (18) in Township

No Seven (7) in Range No Seventeen (17) in said military district

in said Lincoln Township in Morrow County Ohio containing

41 acres and 132/160 and also I give and devise to said Benjamin Flem-

ing fifteen acres of land in the north east corner of Section No

Seventeen (17) in Township No (7) Seven in Range No Seventeen (17)

in said United States Military district and in Said Lincoln Town-

ship and Bounded as follows Beginning at the North East Corner of

said Section No Seventeen (17): thence west along the Section line

forty poles to a post: thence South three fourths degrees west forty

poles to a Post: thence South 88" and 30' East twenty poles to a post:

thence south three fourths degrees west forty poles to a post: thence

South 88" and 30' east twenty poles to a post set in the east line of

said section: thence north three fourths degrees East along the Section

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 233)

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Description

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200

line Eighty Poles to the place of Beginning. To have and to hold the

aforesaid parcels of Land with the appurtenances thereunto belong

ing to him the said Benjamin Fleming and to his heirs and assigns

forever as an Estate in fee Simple on the condition that he will

will and truly pay to William White my Grand Son Sicty ($60) dollars

within one year after my decease and truly pay such other sums of

money as I may hereafter devise on design for him to pay in this

will or codicil thereto.

Item 3rd I give devise and bequeath to James Fleming my Second Son all of

the following described premises Situate in Peru Township in the

County of Morrow in the State of Ohio and in the third Section in

the Sixth (6) Township in the Seventeenth Range in the United

States Military district in said State of Ohio and being a part of

the west part of lot No (12) twelve as designated on the tax duplicate

and Bounded as follows: Beginning on the center division line of said

Section at a Stone on a post at the South west corner of twenty five

acres of land formerly owned by Isaad Thurston and now owned by

Aaron Julia: thence north along said center division line

One Hundred and Seven Perches and 4/100 (107 4/100) to the north west corner

of said Lot No 12 in a white maple Swamp: thence continuing north

on said center division line nine perches to a Stone on post in

said Maple Swamp: thence east on a line through lot No 21 surveyed

by James Eaton in September 1848 Seventy perches to a post Eight per-

ches east of a corner made at Charles Neils Survey on July 6th 1857: thence

South one and 1/4 degrees west nine perches to the north line of said Lot

No 12: thence continuing on the same course South thirty perches and

eighteen links to a post set eight perches east of a corner made at

the said Survey of Charles Neil: thence South Eight nine degrees East

Eighty Six perches and three fourths of a perch along a line Surveyed by

said Neil to post at the west edge or side of the State road leading

from Worthington to New Haven: thence South forty and a half degrees East-

Eleven poles and Seven lines to a Hickory 10 inches in diameter: thence South

Sixty four degrees East thirty nine perches and one third to a Stone on

a post on the west bank on shore of Allum Creek: thence up along said

shore Seven perches to Stone on post: thence East about two or three

perches to the center of said Creek: thence down the center of said

Creek with the meanders thereof to the north line of land owned by

William S Riley: thence west along the north line of said Riley's

land and along the north line of land formerly owned by Benjamin

Purniton and along the north line of the aforesaid Julianland - perches

and - linde to the place of beginning containing Ninety nine acres and

107 perches of the west part of said lot No 12 and three acres and 180 perches

of the west part of the South part of said lot No (21) twenty-one.

To have and to hold the aforesaid parcels of land with the appurtenances

thereunto, to him the said James Fleming his heirs and assigns for-

ever as an Estate in fee Simple on the condition that the said

James Fleming his heirs or assigns shall truly pay to William

White my grand Son, Sixty ($60) dollars within One year after my

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 234)

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Description

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201

decease and truly pay such other sums of money as I may hereinafter

in this will or a codicil thereto devise or design for him to pay.

Item 4th I give devise and bequeath to Washington Fleming my third

Son the following described premises, situate in the Township

of Lincoln in the County of Morrow in the State of Ohio and being

the west half of the South East quarter of Section No (14) fourteen in

Township No (7) Seven in Range No (17) Seventeen in the United States

Military district in said State of Ohio. Bounded on the West by land

formerly owned by David Mitchell on the east by land owned by

Jacob Snyder on the north by the Center of the County road runn-

ing across the South end of the Mud Rut Pravia so called, and on

the South by land owned by Wm Hart and land of said Washington

said west half containing Ninety acres of land more or less.

To have and to hold said premises with the appurtenances therein

to to him the said Washington Fleming his heirs and assigns forever

as an Estate in fee Simple upon the condition that the said Wash-

ington his heirs or assigns shall truly pay to William White my

grand Son ($60) dollars within one year after my decease and truly

pay such other sum of money as I may hereafter in this will on

a codicil thereunto devise or design for him to pay.

Item 5th I give and devise & bequeath to Nelson Fleming my fourth Son, all

of the following premises and parcels of land Situate a parcel in

Kingston Township in the county of Delaware in the State of Ohio,

and being the west part of Lot No (21) twenty one in the "Todd Land"

and in the north west corner of Section No (2) two in Township

No (5) five in Range Seventeen in the United States Military dist-

rict in said State of Ohio and Bounded as follows: Beginning at

a Stone on post at the north west corner of said Section and lot: thence

South along the Range line between the Seventeenth and Eighteenth

Range, One hundred and Seventy perches and 82/100 to a Stone on post:

thence east along the line between said lot No 21 and lot No 22 Sixty-

Seven perches and 14/100 to a Stone on post: thence north one degree 19

minutes East along the division line of said lot No 21 Sixty

nine and 4/100 (69 4/100) perches to a Stone on post on the north Bank or

shore of Allum Creek with the Meanders thereof South 61" west

12 perches to post: thence South 45" west 19 perches to post: thence

South 67" west 1 88/100 perches to post: thence north one degree 19

minutes East along the division line of said lot No 21 One

hundred and twenty two perches to a Stone on post Set on the Section

line: thence north 88" 26' west along the Section line forth one

perches and 42/100 to the place of beginning containing fifty three

acres and 139 76 ½/100 perches of land. Also I give and beqeuath to said

Nelson Fleming the East part of lot No (1) one Situate in Section

one in Township five in Range Eighteen in the United State Mil-

itary district in Delaware County in said State of Ohio and in

Brown Township: Bounded as follows: Beginning a Stone

on a post at the north East corner of said Lot and Section No (1)

one: thence South along the Range line One hundred and Sixty (160)

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 235)

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Description

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[corresponds to labeled page 202 of Will Records Vol. 5 [1869-1876]


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perches to a stone on a post: thence west along the lot line forty perches

and 96/100 to a post and small Stone near the east Shore Allum Creek.

Honey locust south of said post and stone five and 3/4 links: thence north forty

and a half degrees east forty perches to a small red elm tree ten inches diam-

eter Standing by the fence and bars at the end of the land on the north side of

Allum Creek: thence north thirty two and a half degrees west along the land

across the botton land thirty four perches and 3/4 to a Stone by a post on

the East side of a spring run, said stone and post set six links South

33 degrees east from a post set in the edge of said Spring run by a survey

of charles Neil made on July the 6th 1857. Hickory 8 inches diameter

north thirty nine degrees west 22½ links from the post set by charles

Neils Survey: thence north forth five degrees East Eleven perches and ten

links to post on top of hill: thence north ten and a half degrees east Seven

perches on the east bank of the ravine that Spring run is in to a lime

Stone on a post from said Stone and post is a walnut tree 8 inches di-

ameter Southwesterly 23½ links on Bank of said ravine: thence north

forty one degrees west about fifty three perches to a lime Stone Set

by the East side of a white oak stump, said stump standing five per-

ches and thirteen feet from the most southerly corner of the barn standing

on said East part of lot No one: thence north thirty Six degrees west

along the line surveyed by Chas Neil on July 6th 1857, Eleven perches and five

feet to a post set in the center of the State road leading from Worthington

to New haven, said post in road is about Seven perches from the most

westerly corner of said Barn: thence north forty seven degrees east along

said road about 35 or 36 perches to a post: thence north - perches

to a post and stone set on the north line of said lot No (1) one distant

forty five perches west from the north east corner of Said lot No (1) one:

thence East along the section line forth five perches to the place of

begining containing thirty nine acres and 120 perches of land be the

same more or less: Also I give and bequeath to said Nelson Fleming

nine (9) acres of land situate in the fourth Section, in the Sixty town-

ship in the Eighteenth Range USM. district in said County of Delaware Ohio.

and in the South East corner of Oxford township Bounded as follows.

Beginning at a stone at the South East corner of said Section fourth:

thence west along the Section line forth five (45) perches to a post: thence

north on a line runing paralell with the east line of said section,

thirty two perches to a post on Norton Thurstons land line: thence-

East on a line runing paralell with the South line of said Section,

forty five (45) perches to a post and Stone on the East line of said Section:

thence South along the Range line thirty-two perches to the place of

begining. Provided however I hereby reserve the privilege of a road

or passway over and across that part of said lot number one (1) that lies

on the south side of Allum Creek, for Sidney Fleming his heirs and

assings forever to pass over and repass with team and wagon and other

things &c to and from the land hereinafter in this will given to said

Sidney Fleming his heirs or assigns doing as little damage as may

be possible and shutting all gates and Barrs in passing over said lot

No (1) one. To have and to hold the said described premises or parcels
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 236)

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Description

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[corresponds to labeled page 203 of Will Records Vol. 5 [1869-1876]


203

of land with the appurtenances thereunto to him the said Nelson

Fleming and to his heirs and assigns forever as an estate in fee Simple

subject however to the aforesaid reserve and upon the condition that

the said Nelson Fleming his heirs and assigns shall truly pay to

William White my grandson Sixty-dollars (60) within one year

after my decease and shall truly pay such other sums of money as I

may hereafter in this will or a codicil thereto devise or design for

him to pay.

Item 6th I give devise and bequeath to Sidney Fleming my fifth Son the

following premises and parcels of land Situate in Brown and Oxford

Township in the County of Delaware in the State of Ohio: Bounded

and described as follows in Brown Township, Beginning at a Stone

on a post at the north west corner of Lot No one (1) in Section one

in Township five in Range Eighteen (18) in the United States Military

district in said State of Ohio, running thence South along the Lot line

one hundred and Sixty perches to a stone on post at the corner of Lots

1.2 & 15 & 16 in said Section: thence east along the lot line Fifty nine

perches and 1/4 to a post and small stone near the East shore of Allum

Creek Honey Locust south of said post 5 3/4 links: thence north forth and

a half degrees East forty perches to a Red Elm tree ten inches diam-

eter standing by the fence at the end of the land on the north side of

Allum Creek: thence north thirty two and a half degrees west along

the land across the bottom thirty four perches and three fourths of a

perch to a stone by a post set Six links south 33 East from the post

set in the East Edge of a spring run, by the survey of Charles Neil

on the 6th of July 1857 Hickory 8 inches diameter North 39 West 22 1/2 link

from the said post set at Charles Neils Survey: thence north 45 East

Eleven perches and ten links to a post on top of hill: thence north

10 1/2 East Seven perches along on the East bank of the ravine that said

Spring run is in, to a lime Stone on a post from said Stone is

a walnut tree 8 inches diameter Southwesterly 23 1/2 links on bank

of said ravine: thence north forty one degrees west about fifty

three perches to a lime Stone set by the east side of a white Oak

stump standing five perches and 13 feet from the most Southerly cor-

ner of the Barn Standing on the east side of the lane: thence North

thirty six degrees west Eleven perches and five feet to a post set in cen-

ter of the state road leading from Worthington to New Haven said

post in said road is about Seven perches from the most westerly

corner of said Barn Hickory 8 inches diameter South 23 west 101 3/4

links: thence north forty seven degrees East along said road to

about 35 or 36 perches to a post: thence North perches links to

a post set on the north line of said lot No on distant (45) forty

five perches west from the north east corner of said Lot No one:

thence west along the section line fifty five (55) perches to the

place of beginning containing Sixty (60) acres and forty (40) perches

of land be the same more or less. Also I give devise and bequeath

to said Sidney Fleming twenty seven acres and 100/160 perches of Land

being a part of the North part of Lot No Sixteen in said Section No (1)
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 237)

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Description

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[corresponds to labeled page 204 of Will Records Vol. 5 [1869-1876]


204

one Township five and Range Eighteen, for description thereof referance

is hereby had and given to Deed of Conveyance made from Nancy Leonard

-widow- to me Isaac Fleming dated 16th of April 1833 and Recorded May

9th Ad 1833 in Delaware County Ohio in Book No 11 page 235 etc Also

see plat and survey made by James Easton January 10th 1837.

Also I give and devise to said Sidney Fleming and to his heirs and ass-

igns forever the privilege of a road or passway to go to and from his

land in said Lot sixteen with team, wagon and other things etc and

over and across that part of Lot number One that lies on the South side

of Allum Creek in said Section one, him the said Sidney Fleming

doing as little damage as may be possible in passing and repassing

and Shutting all gates and Bars in so passing over the aforesaid Nelson

Flemings land. Also I give devise and bequeath to the said Sidney

Fleming Four acres and eighty Six perches of land in the east side of

Lot number two in said Section one Township five and Range Eight

een and Bounded as follows: Beginning at a post set on the line be-

tween said Lots No One and two in said Section one and in the west edge

of a small stream of water and being twenty two perches north from the

South East corner of said Lot No two: thence north along the Lot line

Seventy One porches and a half to a post in the center of the State road

leading from Worthington to New Haven: thence South 46" 26' west

twenty eight perches along said road to a stone on post: thence South

21" 15' east fifty six perches to the place of beginning. Also I give devise

and bequeath to the said Sidney Fleming a parcel of land being

a part of the south part of Lot A in the fourth section in the Sixth

Township in the Eighteenth Range of the United States Military dis-

trict in the County of Delaware State of Ohio and in Oxford township

Bounded as follows: Beginning at a Stone set on a post on the South

line of said Section fourth one hundred and Sixty perches west from

the South east corner of said Section fourth: thence north along a

line of land owned by Joseph C Porter thirty two (32) perches to

Stone on post: thence east along the line of Norton Thurstons land

running paralell with the south line of said section fourth one

hundred and fifteen (115) perches to a post: thence South on a line

running paralell with the East line of said Section 4 thirty two

perches to a post and Stone set in the South Line of said Section: thence

west along the Section line One hundred and fifteen (115) perches to

the place of Beginning containing twenty three acres (23) of land.

To have and to hold the aforesaid premises or parcels of land to him

the said Sidney Fleming and to his heirs and assigns forever as an

Estate in fee Simple on condition that he the said Sidney Flem-

ing his heirs or assigns shall truly pay to William White my

Grandson Sixty (60) dollars within one year after my decease and

shall truly pay such other sums of money as I may hereafter in

this will or a Codicil thereto devise or design for him to pay

Item 7th I hereby give and devise to Elizabeth A White Daily my Grand-

Daughter and daughter of Sarah Ann White my eldest daughter and

now Wife of William Daily of Peru Tp in Morrow County Ohio, the

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 238)

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Description

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[corresponds to labeled page 205 of Will Records Vol. 5 [1869-1876]


205

sum of three ($300) hundred dollars to be paid to her the said Elizabeth

A White Daily within one year after my decease, out of the proceeds

of my personal Estate or moneys or credits that I may be the owner of

at the time of my death. If however I shall not at my death leave

personal estate moneys or credits sufficient to pay the said Elizabeth

A White Daily the said sum of three ($300) hundred dollars after my

funeral expenses and debts are all paid then in that case I will and

devise that my aforesaid five Sons Benjamin, James Washington

Nelson and Sidney Fleming, shall each one of them pay to the

said Elizabeth A White Daily the sum of Sixty (60) dollars within

one year after my death and that said personal estate moneys or

credits if any there be left shall be divided equally amongst my

said five Sons or their heirs.

And I hereby give and devise to William White my GrandSon the

Several sums of money herein before mentioned to be paid to him

by my said five Sons in the will, being in the whole three hun-

dred ($300) dollars

Item 8th Whereas I have heretofore on the 11th day of Janaury 1869 advan-

ced to and for the use and benefit of James I White my Grand Son the

sum of Nine hundred dollars it being a part of the purchase money

for the tract of land conveyed to the said James I White from John

W Potter on that date. I hereby give and devise to the said James I

White the said Nine hundred dollars and further I do hereby re-

lease the said James I White from the payment of the two per-

cent extra interest on the notes that I hold on him for the Bal-

ance of the purchase money of said tract of land, said notes shall

only be required to be paid the principle and Six percent interest

annually.

Item 9th I give and devise all the residue of my personal property moneys and

credits except what may be hereafter in this will or in a Codicil

thereto disposed of, to my five Sons and Grand Son and GrandDau-

ghter William White and Elizabeth A White Daily to be divided

amongst them as follows, the one fifth part thereof to Benjamin

Fleming, the one fifth part to James Fleming, the one fifth

part to Washington Fleming and the one half of the one fifth part

to Nelson Fleming and the other half of the said one fifth part to

Benjamin Fleming and to James Fleming to be equally divided

between them the said Benjamin and said James And the one tenth of

the one fifth part to Sidney Fleming and the other nine one tenths

(10) of the last one fifth part to be divided equally between William

White and Elizabeth A White Daily provided it does not exceed

two hundred dollars to each one, but if it exceeds two hundred

dollars to each one of the said Grand Children, then the excess

over two hundred dollars to each one is to be divided equally

between my aforesaid five Sons, one fifth part to each one of

them, (I have the property and moneys & credits as the present time

that according to the above plan of dividing it, it would exceed

two hundred dollars to each of my two aforesaid grandchildren
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 239)

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Description

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but there is no knowing how much of it I may have to Spend for

Doctor Bills yet).

Item 10th I give devise and bequeath to Lydia Hatten my youngest daughter

and wife of David Hatten of Morrow County Ohio, the following descri-

bed premises, Situate in the East part of Lot No 4 in Section No (4)

four in Township No Six in Range Eighteen in the United States

Military district in Morrow County State of Ohio and in Peru Township.

Bounded as follows: Begining at the North East corner of said Lot

No 4: thence South on the line of said lot One hundred and Six and a

half perches to a county road leading to Stephen F Randolphs Mill

in said Township of Peru: thence west along the old line of said Lot

One hundred and nineteen rods to corner of William Dailys land:

thence north one hundred and Seven rods to Cornelius F Randolph's

land: thence Easterly on the old line of said Lot No 4 one hundred

and twenty rods to the place of beginning containing Eight acres of

Land be the same more or less. To have and to hold the said premises

unto her the said Lydia Hatten for and during her lifetime and no

longer on condition that she the said Lydia and her husband David

Hatten or others who may occupy said premises shall keep the

taxes all paid up as they become due on said premises and shall

not suffer the said premises to be sold for taxes or any part

thereof and then at the death of the said Lydia Hatten if her youngest

child that will be living shall be over Sixteen years old then.

I will and devise that said Premises be sold to the best advantage

either at private or public sale after the expiration of two years

from the time of her death,but if her youngest child that will be

living shall not be sixteen years old at the time of said Lydias

death, then I devise that said premises be sold after the expiration of

two years after said child arives to the age of Sixteen years and the proceeds

of the sale divided and paid amongst the said Lydias children giving to

each male child just double the sum that each female child will

get, and if any of said children shall not be of age, that is the males

21 years old and the females 18 years old then the shares of those that

are not of age, must be kept at interest with good Security until

they become of age: Provided however if the said Lydia Hatten shall

be a widow at the time of her death then in that case, I will and devise

that said premises be sold at the expiration of One year after her de-

cease and the proceeds thereof divided and apportioned in the way and

manner aforesaid. And furthermore I do hereby constitute and app-

oint James Fleming my Son of Morrow County Ohio to take charge of

said premises, and if the said premises shall at any time be sold for

the tax thereon, to take such action course and manner of Proceeding

to redeem the same as I myself might or could do if I were to

continue in person and then to lease or rent out the said premises

to the best advantage that he can for the use and benefit of the

said Lydia Hatten and her children reserving a sufficiency of the

rent to pay the taxes thereon and to keep the fences and buildings in

repair, and after the death of the said Lydia Hatten, to proceed to

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 240)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 240)

Description

[page 240]

[corresponds to labeled page 207 of Will Records Vol. 5 [1869-1876]


207

sell said premises on the way and manner hereinbefore mentioned,

after giving Six weeks Notice by setting up notices thereof in four

public places in Morrow County and three in Delaware County

or by advertising in a newspaper of general cinculation printed

one in Delaware County and one in Morrow County and apportion

the proceeds and pay over the same to the heirs of said Lydia Hatten

in the way and manner herein before mentioned and the legal represen-

tatives of any child of the said Lydia who may have deceased

to be entitled to the same share as their parent would have benn

if then living and in case of the death or refusal or any other ina-

bility of the said James Fleming to act in said premises, I hereby

appoint, authorize and empower Nelson Fleming and Sidney Fleming

my two youngest Sons or either of them to act in said premises

and to do and perform all matters and things concerning said premises

the same as the said James Fleming is hereby authorized to do

and perform. And furthermore I give and devise to said Lydia

Hatten one Bedstead bed and beding consisting of the following

articles, viz: one straw tick, one Feather tick and feathers in it,

two cotton sheets, four Blankets all wool or part wool and part

cotton and one Bolster and feathers in it, and Bolster slip, two pillows

and feathers in them and two pillow slips and three (3) patched up

quilts and one coverlid all to be her own choice out of the Bed clo-

thes that I may be the owner of at the time of my decease. I give and

devise the rest of the Bed clothes to my five Sons to be divided

equally amongst them one fifth part thereof to each one and if

they cannot agree on the dividing of said Bedclothes, then I

will and devise said Bedclothes be sold at public sale at the same

time that the rest of my personal property is sold and the proceeds

of the sale of said Bed clothes divided equally amongst my aforesaid

five sons and if any of my five Sons shall be dead at the time

of my decease then the children of the deceased son to have the

same that their parent would have got if living and if any Son

shall die leaving no children living then the proceeds of said

clothes on the clothes is to be divided amongst those that are liv-

ing and the children of any one that may be dead to have what their

parent would have been entitled to if living. And furthermore I give

and devise to the aforesaid Lydia Hatten the carpet that is on the

floor in the west room of the house that I reside in: as that is

what I understood to be her mothers request before she died, and,

also I give and devise to the said Lydia Hatten and to her husband

David Hatten all the fencing Boards Beach and Oak twelve feet and

upwards in length and intended to be 3/4 and 7/8 of an inch thick that

is laid over head in two floors over the Horse Stable in the Barn

on the premises that I reside on and Also those piled up over head

of the Horse stable and also all the beach fencing boards that is in

the old house that is over 12 feet long and all those piled up

near to the Barn and on the Barn yard near to the State Road and

I also give and devise to the said David and Lydia Hatten all the
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 241)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 241)

Description

[page 241]

[corresponds to labeled page 208 of Will Records Vol. 5 [1869-1876]


208

sawed fence posts that is over head in said Horse Stable and those

built in a four square pen between the Hog pen and the corn crib at

the wagon shed, and those in the Hog pen, and some posts piled in a

three square pen at the foot of the hill near Slack Saw Mill, all

of said Boards and posts to be used in making fence on the old

Job McCumber farm in the Township of Perue in Morrow County

Ohio: and furthermore I give devise and bequeath to Sidney

Fleming my aforesaid fifth Son the following described prem-

ises Situate in Lot No Nineteen and in Lot No twenty two in Sec-

tion two in Township five Range Seventeen in the United Sta-

tes Military district in the County of Delaware in the State of

Ohio and in Kingston Township, Bounded as follows: Begin-

ing at the north west corner of said Lot No 22 on the west Line

of said Section two, at a Stone on a post: thence South along

the old Range line twenty Six (26) perches to a post to be set

after this time: thence running East on a line to be run para-

lell with the north line of said lot No 22 one hundred and one

perches to the west line of said Lot No (19) nineteen: thence con-

tinuing on the same course through said Lot No 19 53

perches and some links to the center of the County Road leading

from Berkshire to Norton in said County: thence North ^ 11 west

along the center of said Road twenty Six (26) perches and some

links to the North line of said Lot No 19: thence west along the line

of said Lot 19 Forty Seven perches and some links to the north east

corner of said Lot No 22, Stone on post: thence west along the north

line of said Lot No 22 One hundred and one perches to the place of

begining containing Sixteen acres and 66 perches in said Lot

No 22 and Eight acres and 3 perches in Lot No 19, To have and to hold

said parcels of Land unto him the said Sidney Fleming and

to his heirs and assigns forever as an estate in fee Simple.

And furthermore I give and bequeath to Benjamin Fleming,

my oldest Son, and to Nelson Fleming my fourth Son the following

described premises Situate in Lot No twenty in Section Two,

in Township five in Range Seventeen in the United States

military district in said County of Delaware Ohio and in King

ston Township, and Bounded as follows: Beginning at the South

west corner of Lot No 20 at a Stone on post: thence east along

the lot line to the Center of the County Road leading from

Berkshire to Norton in said County: thence along the

center of said Road following the different courses thereof one

hundred and Seventy two perches to the north line of said Sec-

tion two: thence north 89 1/4 west along the county line crossing

Allum Creek Six rods nineteen and a half links to Stone, the corner

of Noah Whipples land on west Bank of said Creek: thence down

stream on the top of high bank with the meanderings thereof along

Noah Whipples line to the west line of said Lot No 20: thence South

on the line between Lots No 20 & 21 in the Todd land one hundred

and twenty Seven rods and two links to the place of beginning containing
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 242)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 242)

Description

[page 242]

[corresponds to labeled page 209 of Will Records Vol. 5 [1869-1876]


209

Forty acres and Six tenths of an acre of Land, for particular description

refferance is hereby had to deed of conveyance from George M Bailey

do me Isaac Fleming dated 19th May 1864 and recorded in Delaware

County in Book 50 Page 44 etc the said Benjamin Fleming is to

have twenty acres of the north part of said premises and the said

Nelson Fleming is to have twenty acres and six tenths of the South

part of said premises to be divided by a line running East and west

paralell with the South line of said Lot: To have and to hold the

said premises a part thereof unto the said Benjamin Fleming

his heirs and assigns forever as an estate in fee Simple and a part

thereof unto the said Nelson Fleming his heirs and assigns forever

as an estate in fee Simple.

And furthermore I give and bequeath to Benjamin Fleming

my oldest Son and Washington Fleming my third Son the

following described premises Situate in Lots (19 & 22) Nineteen

and twenty two in Section two (2) in Township (5) five in Range

Seventeen (17) in the U S Military district in said County of

Delaware Ohio and in Kingston Township, Bounded as follows:

Begining at a point on the west line of said Section two and on the

west line of said Range Seventeen twenty Six rods South from

the Stone on a post at the north west corner of said lot No 22: thence

South on the Section and Range line thirty four (34) rods to a post

and Stone by forked Beech tree North 46 minutes east two links:

thence South 87 1\2 degrees East thirty four rods to a Stone on post

on Southside of a large run: thence South 1 .08' East along the East

line of land owned by Ezekiel Longwell in said Lot No 22 fifty

Seven rods to Stone on post at the corner of Land owned by Jacob

Sheets: thence south 88 36' East along the line of Jacob Sheets'

land one hundred and forty rods to Stone Corner in the center

of the County Road leading from Berkshire to Norton: thence

North 10 45' west along the Center of said Road ninety five

rods, and some links to south east corner of land given and devised

in this Will to Sidney Fleming: thence west along the South

line of said land given and devised to said Sidney Fleming

fifty three perches and some links to the East line of said

Lot No 22: thence continuing on along the south line of said

Sidneys land One hundred and one rods to the place of be-

ginning containing Eighty three (83) acres and 86 perches of Land

and being 46 acres and 106 perches in the middle east part of Lot

No 22 and 36 acres and 140 perches in the middle west part of Lot

No 19: the said Washington Fleming is to have two fifth of the

above Eighty three acres and 86 perches to be taken off the

north side which will be about 50 acres and 20 perches. To

have and to hold the aforesaid described premises unto them

the said Benjamin Fleming and Washington Fleming and unto

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 243)

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Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 243)

Description

[page 243]

[corresponds to labeled page 210 of Will Records Vol. 5 [1869-1876]


210

their heirs and assigns forever as an Estate in fee Simple

(The aforesaid premises cannot be divided to a good advantage,

Benjmain had better buy Washingtons Share).

And furthermore I give and devise & bequeath to James Flem-

ing my Second Son the following described premises: Situate in

the third Section in the Sixth Township in the Seventeenth Range

in the United States Military district in Morrow County in the State

of Ohio and in Peru Township: Bounded as follows: Beginning at the

Stone the South west-corner of land formerly owned by Abraham

Van Duzer that being the North West Corner of land formerly owned

by Jacob Van Devanter: thence North Eighty Eight- degrees 23 min-

utes west along a lot of land now owned by said James Fleming

One hundred and Eighty five perches and 21/25 to a stone on post on the

East line of Land formerly owned by Jonathan Dayton: thence

South along the lot line thirty two perches and eight-tenths to Stone

on post at two Beach bearing trees four and twelve inches diameter

thence South Eighty-Eight (88) degrees twenty-five (25) minutes East

One hundred and Eighty-five perches and eight-links to Stone on post-

on the west line of the said Van Devanters land: thence North

along the center of a County Road thirty two perches and 69/100 to the

place of beginning containing thirty-Eight acres and thre perches

according to Survey made by James Eaton Sept 6th, 7th & 8th, 1848 and be

ing 16 1/2 acres in the North part of Lot No 22 and 21 1/2 acres in North

part Lot 23, To have and to hold said premises unto him the said

James Fleming and to his heirs and assigns forever as an Estate in

fee Simple.

And lastly: I do hereby nominate and appoint James Flem-

ing my Son of Morrow County Ohio and Nelson Fleming my Son

of Delaware County Ohio, Executors of this my last Will and Testament

Authorizing and Empowering them or either of them to sell my

personal property at public sale without having the same ap-

praised or an inventory made; and collect the debts and claims

due me and pay my funeral expenses and all just debts and take the

remainder with the proceeds of the sale and apportion and pay over

the same to my heirs and legatees the several amounts and sums

given to each one of them in this will after expenses are all paid

I hereby revoke all former Wills by me made. In testimony

whereof I have hereunto set my hand and Seal this 13th day of May in

the year A D 1871

Isaac Fleming {seal}

Signed and acknowledged by the said Isaac Fleming as his last

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

Joseph C. Porter

Joseph I Porter

Codicil

Whereas I Isaac Fleming on the 13th day of May in the year 1871 made

my last Will and Testament of that day do hereby declare the following

to be a Codicil to the same.
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 244)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 244)

Description

[page 244]

[corresponds to labeled page 211 of Will Records Vol. 5 [1869-1876]

211

I do hereby give and bequeath to Sidney Fleming all the Popple lum-

ber that was sawed last winter. Also all the twenty five inch Shin-

gles that is made and piled around the Barns. Also all the Stone

that is piled up at the wagonshed and at Gate.

I hereby will and devise that if any one of my heirs Devisees, or Legatees,

shall go to law or make any attempt to breach my aforesaid Will

on account of any interlining or Erasures made therein, or for any

other cause whatever; then in that Case said heir. Devisee or Leg-

atee shall forever be Debared from receiving any part of my

Estate Whatever.

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

14th day of May in the Year 1872.


Isaac Fleming {seal}

Signed and acknowledged by said Isaac Fleming

as his Codicil to his Last Will and Testament in our

presence and Signed by us in his presence

J. C Porter

J. I Porter

The State of Ohio }

Delaware County ss } In the matter of the last will and testament of

Isaac Fleming of Brown township said County deceased,

We. Joseph C Porter and Joseph I Porter being duly sworn in open

Court this 5th day of June A D 1872 depose and say that we were pres-

ent at the Execution of the Codicil to his Will and Testament of Isaac

Fleming of Brown township Delaware County. hereunto annexed

bearing date 14th day of May 1872, that we saw the said testator

subscribe said Will and testament, and that the said testator at the

time of Executing the same was of full age, and of sound Mind and

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

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

other J. C Porter

J. I Porter

Sworn and Subscribed before me in the Probate Court this 5th

day of June A D 1872

B C Waters

Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 245)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 245)

Description

[page 245]

[corresponds to labeled page 212 of Will Records Vol. 5 [1869-1876]

212

Record of the Last Will and testament Earhart Nuse dec

Proceedings had before the Hon B. C. Waters Probate Judge within

and for the County of Delaware at his office in the Court House

in the town of Delaware on the 7th day of June A D 1872

Will and Estate of Earhart Nuse deceased

On this day the Last Will and testament of Earhart Nuse deceased

was presented for Probate and Record Whereupon Martin Miller

one of the Witnesses to the original Will and Witness to Codicil thereto and

William D. Heim witness to the Codicil and the Court being Satified that

Joel. Z. Mendenhall one of the Subscribing Witnesses thereto was now

deceased and the Said William D. Heim and Martin Miller were

Examined in refference to the Signature of the Said Mendenhall and

upon there Oaths Say that the Said Signature is the Signature of the Said

Mendenhall and is Genuine and there testimony was reduced to writing

and annexed to the will and filed therewith and it appearing to

the court that the Said Testator was at the time of Executing the Same was

of full age and of sound Mind and Memory and not under restraint

it is therefore considered and ordered that the Said Will be admitted

to Probate and Record as duly Proved as the the last Will and testament

of the Said Earhart Nuse and be recorded as Such and at the Same

time came Martin Miller and Gave Bond as Executor Named in the

will with Frederck Anthoni as his Surety Bond accepted Letters

isued etc B. C. Waters Probate Judge

C.o.p.y of the Will

In the name of the Benovolent Father of all I Ahart Nuce

of South Delaware in the Township of Delaware in the county of

Delaware Ohio do Make and Publish this My Last Will and

testament

1st I will that my Just debts, and Charges be paid out of My Estate

2d I will and bequeath to my beloved wife Lanona- all My House

hold and Kichen furniture beds and bedding

3d I will and bequeath to my Said Wife all My interest legal and

eqitable in and to Lot number 87 in South Delaware aforesaid

with the appertenances theron the Same on which we now

Reside) to her Sole use and benefit- So long as She Shall remain

my Widow But in Case the Said Lanona My Wife Should inter

-marry- then I will to her but the one third part of the Said Lot

number 87 with the appurtenances to her and her heirs and

their Hers and assigns If my Wife Lanona Should die whilst

She remains My Widow then in that Case I will and bequeath to my

Sister Mary Kerchner wife of Christopher Kerchner to My Sister

Barbara Shoup wife of Andrew Shoup and to My Brother John

Nues and to there Heirs and assigns all My Estate legal and

Equitable in and to Said Lot no 87 South Delaware to be equally divided

between them and if My Wife Lanona Should Mary then

and in that case I beqeath but the two thirds of the Said Property

to My Sisters and Brother aforesaid to be equally divided between them.

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 246)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 246)

Description

[page 246]

[corresponds to labeled page 213 of Will Records Vol. 5 [1869-1876]

213

Last Will and Testament of Earhart Nues deceased


I appoint Martin Miller, my friend, My Executor of this my last Will and Testament

In testimony whereof I have herento Set My hand and Seal this first day

of April A. D 1850 Earhart Nuse {seal}

Signed and acknowledged by Said Earhart Nuse as his last will and

testament in our presence and Signed by us in his presence

Martin Miller

Joel. Z. Mendenhall

Codicil

Whereas I Earhart Nuss of Delaware County Ohio having made and

duly Executed My last Will and testament in writing bearing date April 1st

A D 1850 Now be it known I do hereby declare this present writing to be as a

Codicil to My Said Will and direct the Same to be annexed thereto and taken

as part thereof It is my will and desire and I hereby devise and bequeath to the

Catholic Church in the Town of Delaware Ohio the Sum of one hundred

dollars and to the Priest of the Said Church the Sum of Twenty five dollars

($25) for the Service of Mass- Item 2d In case I die before My Wife the

out Lot I now own adjoining the town of Delaware Shall be Sold and

from the proceeds thereof I give and bequeath to My Brother John Nuese

the Sum of Eight Hundred Dollars To Mary Kerchner Wife of Christopher

Kerchner the Sum of Four Hundred Dollars and to the children of

My Sister Barbara Shoup wife of Andrew Shoup to each one that remains

a Member of the Catholic Church the Sum of fifty Dollars and if any

remains over the avails of the Said out Lot the Same is to go to my Brother

John Nuese and if deficient for the above Legacies the residue to come

from my other property after the death or marriage of my Said Wife as

in the Said will directed In witness whereof I the said Earhart Nusse have

to this Codicil Set my hand and Seal this 29th day of March AD 1870

Earhart Nusse {seal}

Signed Sealed & Published by the Said Earhart Nusse as and for a codicil

to be added and considered as a part of my Last Will & testament in the

presence of us who at his request have Subscribed the Same as witnesses to the Same

Martin Miller

W D Heim

Probate of Will

The State of Ohio

Delaware County ss } Probate Court

Personally appeared in Probate Court Martin Miller and William

D. Heim the Subscribing witnesses to the Last Will and testament of

and codicil of Earhart Nusse - deceased who being duly sworn according

to Law to Speak the truth and nothing but the truth in relation to

the Execution of Said will depose and Say that the paper before them

purporting to be the Last Will and testament and codicil of Earhart

Nuse - now deceased is the Will and codicil of Said deceased

It also appears to the Court that Joel Z Mendenhall one of the Subs

scribing witnesses to the Said will is now deceased that we the undersigned

witnesses to the codicil were acquainted with the Said Joel Z Mendenhall

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 247)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 247)

Description

[page 247]

[corresponds to labeled page 214 of Will Records Vol. 5 [1869-1876]


214

Record of the Last Will and Testament of Earhart Nuse deceased

and believe his Signature Signed to the Said will is Genuine and

that he has Since deceased and that Said Martin Miller was present

with the Said J Z Mendenhall as Subscribing witness thereto and that

Said Miller with Wm D Heim were present at the Execution of Said

will and codicil at the request of the testator Subscribed their names

to the Same as witnesses in his presence and that they Saw the

Said Earhart Nuse deceased Sign and Seal Codicil was as to Said Will

Said original Will and heard him acknowledge the same to be his

his last will and testament that the Said Earhart Nuse at the time

of Making Signing and Sealing was of legal age and of Sound mind

and memory and not under any restraint whatsoever

Wm. D. Heim

Martin Miller

Sworn to and Subscribed in open Court this 7th day of June A D

1872 B.C. Waters Probate Judge

_________________________________________________________________


Record of the Last Will of Charles M Fowler deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

his office in the Court house in the Town of Delaware on

the 21st day of June A D 1872

Will and Estate of Charles M Fowler deceased

On this day the Last Will and testament of Charles M Fowler

of Delaware County deceased were Presented for Probate

and record whereupon William R Clark and Emily

Saulsbury the Subscribing witnesses thereto came and were

duly Sworn and their testimony reduced to writing and

annexed to the will and filed therewith And it appearing

to the Court that Said Will was duly Executed and attested and

that the Said testator at the time of Executing the Same was of

full age and of Sound Mind and memory and not under

any restraint it is therefore considered and ordered that the

Said will be admitted to Probate and record as duly Proved as

the last will and testament of Charles M Fowler decd

B.C. Waters Probate Judge

Copy of the Will

Delaware April 21st 1871

To all whom this may concern I, Charles M Fowler of Delaware

County State of Ohio do hear in now wish to Set forth how I wish to

have my temporal matters handled or disposed of after my decease

or death (to wit) all the real Estate Deeded in my name Shall

be held and cared for by My beloved wife Catherine Ann Fowler

as Administratrix and Zenas Harrison as my chance to help

her to Administer on all both personal and real Estate and

further I wish the House and Lot in Delaware be Secured to my

Beloved Wife and all the minor heirs with or to the use of or

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 248)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 248)

Description

[page 248]

[corresponds to labeled page 215 of Will Records Vol. 5 [1869-1876]


215

Record of the Last Will and testament of Charles M Fowler decd

the rent of the two Hundred Acres of Land of ours lying in Porter Township

Delaware County Ohio my desire is that my Sons John Gray and Charles

Addison Fowler Shall have the first refusal to rent or lease the above

farm from year to year until the youngest heir becomes of age likewise

I desire that as long as Delia Ann remains unmarried She shall be provided

for as a minor heir whilst remaining at Home and doing a childs part to her

mother and sisters and brothers and at the closing up of the Estate Should

be provided for to the amount of Six hundred dollars further I wish after

paying of all Legal debts and demands and the mortgage on this Town

property be lifted and canceled that then there after James Oliver

Fowler be helpt to Such money as can be Spared from time to time until

he receives six hundred dollars as much as Silas W. Fowler has already

drawn and John G and Charles A is to have two Hundred More

than the other two for Longer Service rendered the Girls may be paid

as James and Silas Except Hannah E. Griffin has allready drawn three

Hundred and fifty dollars and if She may be Spared and may need more

help may be helped up to Six hundred dollars no more in case of her

death to her heirs also I bequeath one hundred dollars to the American

Tract Society of New York to be paid in installments of ten dollars

yearly from the commencement of doing business under this will also

one hundred Dollars to be paid as above to the Home Missionary

Society of the reunited Presbyterian Church also five dollars a year

for five years for the Support of the Gospel in the First Presbyterian

Church of Porter of Delaware Co Ohio further I wish after all the debts

which my self and wife have contracted up to this time be paid off

and cancelled then what money may be due or Paid over from the

Estate of John Gray deceased Shall be paid ^over to or the order of my wife

Catharine Ann Fowler to do with as She Sees fit for the best interest

of our remaining children

Sophie R. Gray Charles M. Fowler

The above entering was done June 11th 1872 in the presence of the following

witnesses by Mr Fowlers Request and dictation } Wm R Clark

State of Ohio Delaware County ss } Emily Saulsbury

Probate Court

Personally appeared in open Court Wm R Clark and Emily Saulsbury the Subscribing

witnesses to the Last will and testament of Charles M Fowler deceased who being duly

Sworn according to law to speak the whole truth and nothing but the truth in relation to the

Execution of Said will depose and Say that the Paper before them purporting to be the Last

will

and testament of Charles M Fowler now deceased is the will of said deceased that the

testaments was made June 11th 1872 in the presence of Said affiants by the Said testator

request and dictation that they were present at the Execution of Said will at the request

of the Testator Subscribed their names to the Same as witnesses in his presence and that

Said Charles M Fowler Pointed to Said Signature thereto & said the Same was his signature

thereto

and heard him acknowledge the same to be his last will and testament that Said Charles M

Fowler decd at the time

of making Signing and Sealing Said will and testament was of legal age and of sound mind and

memory & under

no other influence or restraint whatsoever } Wm R Clark

Sworn to and Subscribed in open Court this 21st day June 1872 } Emily Saulsbury

{Seal} B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 249)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 249)

Description

[page 249]

[corresponds to labeled page 216 of Will Records Vol. 5 [1869-1876]


216

Record of the Will of Jesse Haves deceased

Proceedings had before the Hon B.C. Waters Judge of the Court of Probate

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

in the Court House in the Town of Delaware on the 24th day of June 1872

Will and Estate of Jesse Havens deceased

On this day the Last Will and testament of Jesse Haves deceased

of Delaware County were presented for probate and Record whereupon

B.F. Likes and J P Maynard the Subscribing witnesses thereto came and

were duly Sworn and there testimony reduced to writing & annexed

to the will and filed therewith and it appearing to the Court that

the Said will was duly executed and attested and that the Said testator

at the time of Executing the same was of full age and of Sound mind

and memory and not under any restraint it is ordered that Said will

be admitted to Probate and Record as duly Proved as the Last will

and testament of the Said Jesse Havens deceased and Be recorded

as such B.C. Waters Probate Judge

Copy Will

In the name of the Benevolent Father of all I, Jesse Havens of

Cheshire Delaware County Ohio being of feeble health but of

Sound mind do make and Publish this my Last will and testam

-ents

Item 1st After all legal demands against my Estate are fully paid I Give

and bequeath to my beloved wife All the furniture belonging

to me about the dwelling house my horse and buggy

my cows my hogs the use of the buildings and Lots where

I reside during her natural life the Personal property

to be hers to dispose of as She Shall Judge Proper all claims

due me My wife to have control and use of for her Support

and dispose of for her benefit

I own a pasture field near the Bridge a crop Allum

Creek west of Chesire She to have the use of Same during

her natural life

Item 2d After the decease of my wife I Give and bequeath all of my

real Estate to my two children Sanford Havens and

Sarah Havens to be Equally divided between them in value

Sanford to have the Tract north of Cheshire and any

Personal Property that May remain after the death of my wife

undisposed of I bequeath to the Last named two children

viz Sanford and Sarah Havens

I do hereby revoke all forever wills by me made

In testimony thereof I have hereunto Set my hand and Seal

the 30th day of September AD 1871 Jesse Havens {seal}

Signed Sealed and acknowledged by Jesse havens as his

Last will and testament in our Presence and Signed by us in

his presence B F Likes

J.P. Maynard
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 250)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 250)

Description

[page 250]

[corresponds to labeled page 217 of Will Records Vol. 5 [1869-1876]


217

Record of the Will of Jesse Havens deceased


The State of Ohio } In the matter of the Last will and testament of

Delaware County ss } Jesse Havens deceased

We B F Likes and J P Maynard being duly Sworn in open

court this 24th day of June Ad 1872 depose and Say that we were

present at the Execution of the Last will and testament of Jesse Havens

of Delaware County hereunto annexed bearing date 30th day September

1871 that we Saw the Said testator Subscribe Said will and heard him

publish and declare the Same to be his Last will and testament

and that the Said testator at the time of Executing the Same was of

full age and of Sound mind and Memory and not under any

restraint and that we Signed the Same as witnesses at his request

and in his presence and in the Presence of each other

B.F. Likes

J.P. Maynard

Sworn to and Subscribed before me in open Court this

24th day of June AD 1872 B.C. Waters Probate Judge


Record of the Last Will of Julia Herron deceased

Proceedings had before the Honorable B.C. Waters Judge

of the Probate Court within and for the County of Delaware at

his office in the Court House in the Town of Delaware

on the 27th day of June AD 1872

_____________________________________________________________________

Will and Estate of Julia Herron decd

On this day the Last will and testament of Julia Herron of Delaware

County deceased were presented for Probate and Record whereupon

Edgar M Condit and Elias J Condit the Subscribing witnesses

thereto came and were duly sworn and Examined and

three testimony reduced to writing and annexed to the

will and filed therewith and it appearing to the Court

that the Said will was duly executed and attested and that

the Said testator at the time of Executing the Same was of

full age and of Sound mind and memory and not under any

restraint it is therefore considered and ordered that the Said

will be admitted Probate and Record as duly Proved and be

Recorded as the last will and testament of the Said Julia Herron

and be recorded as such B.C. Waters probate Judge

Copy of Will

To whom it may concern Know yea that I Julia Herron of Trenton

Delaware County state of Ohio do make and Publish and disclose

this my last will and testament as follows to wit

First I will and direct that my executor hereinafter named

Shall pay all my funeral expenses and all my Just debts

Second I Give and bequeath to my five Grand Daughters

to wit Julia Kechum Sarah Alden Allice Pace Nella Alden

and Netta Piercson all my Household Goods to be divided Equal

Share and Share alike

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 251)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 251)

Description

[page 251]

[corresponds to labeled page 218 of Will Records Vol. 5 [1869-1876]


218

Record of the Will of Julia Herron decd

Third I give and bequeath to my Grand daughter Julia Keshum

and her husband Smith C Keshum Each fifty dollars in money

Fourth All the residue of my Estate I give and bequeath to my

Son Alonzo Morrison and my ten Grand children to wit

Julia Kecham Sarah Alden Allice Pace Henry Alden Nettie

Alden Frank Pierson Andrew Pierson & Martin Pierson

to be paid to and divided among them Share and Share alike

by my Said Executor as Soon as the amount can be determined

Fifth I do hereby nominate and appoint Edgar M

Condit Executor of this my Last will and testament

In testimony whereof I have hereunto Set my hand and

Seal this 2d day of March AD 1872 Julia Herron {seal}

Signed

The above and foregoing instrument was Signed

and Sealed in our presence the Said Julia Herron then and

there declared that She Signed and Sealed the Same as her

last will and testament and wished us to bear witness of

the Same Attest Edgar M Condit

Elias J Condit

The State of Ohio }

Delaware County ss } In the matter of the Last will and testament

of Julia Herron deceased

We Edgar M Condit and Elias J Condit being duly

Sworn in open Court this 27th day of June AD 1872 depose

and Say that we were present at the Execution of the Last will

and testament of Julia Heron deceased of Delaware County

hereunto annexed bearing date Second day of March 1872

that we saw the Said testator Subscribe Said will and heard her

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

and that the Said testator at the time of Executing the same

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

under any restraint and that we Signed the same as witnesses

at her request and in her presence and in the presence

of each other Edgar M. Condit

Elias J. Condit

Sworn to and Subscribed before me in the Probate

Court this 27th day of June AD 1872

B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 252)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 252)

Description

[page 252]

[corresponds to labeled page 219 of Will Records Vol. 5 [1869-1876]


219

Record of the Last Will and testament of Jesse Holmes deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate Court within

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

House in the Town of Delaware on the 8th day of July AD 1872

Will and Estate of Jesse Holmes deceased

On this day the Last Will and testament of Jesse Holmes was Presented

for Probate and Record whereupon Mary E. Benton and Merlin Benton

the Subscribing witnesses thereto came and were duly Sworn and there

testimony reduced to writing and annexed to the the will and filed there

with and it appearing to the Court that Said will was duly Executed and

attested and that at the time of Executing the Same was of full age and of sound

mind and memory and not under any restraint therefore it is ordered

that the Said will be admitted to probate and Record and duly Proved as the

Last will and testament of Jesse Holmes deceased and at the Same

time came Edward Norris one of the Executors named in the Will

and declined to accept the Said Trust and at the Same time came

Louisa Holmes widow of the Said Jesse Holmes and also Appointed

Executrix by Said will and accepted the Said Trust and gave bail

in the Sum of Two Thousand dollars with Edward Norris and

Walter T Watson as his Surtee Bond accepted Letters Issued etc

B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I Jesse Holmes of Concord

Township Delaware County Ohio do make and Publish this my

Last Will and Testament

Item 1st I Give and devise to my beloved wife one third of all

my real Estate and one third of all of my personal property during

her natural life

Item 2d At the death of my wife aforesaid the aforesaid mentioned

real Estate and personal Property I Give and devise to my three

daughters Louisa J Norris Mariah S Lorretta and Nancy Almira

to be equally divided between them

Item 3d I Give and devise to my Son Franklin J Holmes

two Hundred Dollars in paper currency

Item 4th I give and devise to my daughter Elizabeth Lang two Hun

dred Dollars in paper currency

Item 5th Give and devise to my three Daughters Louis J Norris Mariah

S Loretta and Nancy Almira the two thirds of all of my real Estate

at my death and the Balance of my personal Property to be equally

divided between them

Item 6th I do hereby nominate and appoint Edward Norris and my wife

Executor and Executrix of this my Last will and testament

In testimony hereof I have hereinto Set my hand this 27th day of June AD 1872

} Jesse Holmes {seal}

Signed and acknowledged by said Jesse Holmes as his Last will and testament

in our presence and Signed by us in his presence } Mary E. Benton

Merlin Benton

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 253)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 253)

Description

[page 253]

[corresponds to labeled page 220 of Will Records Vol. 5 [1869-1876]


220

Record Last Will and testament of Jesse Holmes deceased

the State of Ohio Delaware County ss

In the matter of the Last will and testament of Jesse Holmes deceased

We Mary E Benton and Merlin Benton Being duly Sworn in

open Court this 8th day of July AD 1872 depose and Say that we were

present at the Execution of the Last will and testament of Jesse Holmes

of Delaware County hereunto annexed bearing date 27th day of June

1872 that we saw the Said testator Subscribe Said will and heard

him publish and declare the Same to be his Last Will and testament

and that the Said testator at the time of Executing the Same was of full

age and of Sound mind and memory and not under any restraint

and that we Signed the Same as witnesses at his request and in his

presence and in the presence of each other

Mary E. Benton

Merlin Benton

Sworn to and Subscribed before me in Probate Court this 8th

day of July AD 1872 B.C. Waters Probate Judge

_______________________________________________


Matter of the Estate } Morrow County Probate Court June 25

of 1872 Probate of Will

Esther Hair Decd }

The last will and testament of Esther

Hair late of this County deceased was this day presented

in open Court by John Stines the Executor named in

the Will of Said decedent also personally appeared at

Same time Christian Tarr and Lucy Jane Tarr Subscri

being Witnesses to Said will who being duly Sworn acc

ording to law testified on oath to the due Execution of

the Same which testimony was reduced to writing by

the Court and by Said witnesses respectively Subscribed

and filed with Said will and it appearing from Such

testimony that Said will was duly attested and executed

and that Said Testatrix at the time of Executing the Same

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

any restraint it was ordered that Said will and testimony

be Recorded

Copy of Will

In the name of the Benevolent Father of all I Esther

Hair of the County of Morrow and State of Ohio being

of Sound mind and memory do make and Publish this

My Last Will and testament

Item 1st I desire that all my Just debts and funeral

Expenses be paid out of my Estate

Item 2d I Give and devise to my beloved Sister

Alvina Stiner and her husband John Stiner all

the residence of my Property absolutely and for ever

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 254)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 254)

Description

[page 254]

[corresponds to labeled page 221 of Will Records Vol. 5 [1869-1876]


221

Will and Estate of Esther Hair deceased

Item 3d I hereby revoke all former wills by me made

Item 4th I hereby nominate and appoint John Stiner

Executor of this my Last will and testament

I desire that no inventory and appraisment of my Property

be made and that no bond be taken or required of my Said

Executor In testimony werheof I have hereunto Set my

hand and Seal this 6th day of May AD 1872

her

Esther x Hair

mark

Signed and acknowledged by the Said Esther Hair as her

last will and testament in our presence and by us

Signed in her presence the day and year above written

Christian Tarr

Lucy Jane Tarr

Probate of Will

The State of Ohio }

Morrow County ss } Personally appeared in open Court

Christian Larr and Lucy Jane Larr Subscribing witnesses

to the Last Will and testament of Ester Hair late of Said

County deceased who being duly Sworn according to law

depose and Say the foregoing is the Last will and Testament

of Esther Hair deceased that they Subscribed there names

thereto as the attesting witnesses at the request of the Said

Testator and in her presence and in the presence of

each other and that She Signed the Same in their

presence and acknowledged the Same to be her Last Will

and Testament that Said Testatrix at the time of Executing

the same was of full age Sound Mind and memory and

not under any restraint Christian Tarr

Lucy Jane Tarr

Sworn to and subscribed before me this 25th day of

June 1872 A.A. Garndner Probate Judge

The State of Ohio July 27th 1872

Morrow County ss I A.A. Garnder Judge of Said Court

do hereby certify the above and foregoing to be a true

and correct copy of the Last will and testament of

Ester Hair deceased to gather with the Journal

Enlreis and record of testimony pertaining thereto

Witness my hand and the Seal of Said Probate Court

at Mt Gilead Ohio this day and year ^for above

written A.A. Gardner Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 255)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 255)

Description

[page 255]

[corresponds to labeled page 222 of Will Records Vol. 5 [1869-1876]


222

Record of the Last Will and Testament of John Budd deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate

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

at his office in the Court House in the Town of Delaware

on the 10th day of August AD 1872

Will and Estate of John Budd Sr deceased

On this day the Last will and testament of John Budd ss deceased

of Delaware County were presented for Probate and Record where

upon Lyman B. Hanover and Eli Downing the Subscribing

witnesses thereto came and were duly Sworn and Examined and

their testimony reduced to writing annexed to the will and filed

therewith And it appearing to the Court that Said will was duly

Executed and attested and that the Said Testator at the time of

executing the Same was of full age and of Sound mind and mem

-ory and not under any restraint It is therefore considered

and ordered that the Said will be admitted to Probate and Record

as duly Proved as the Last will and Testament of John Budd Sr

deceased and at the Same time James Hughs was Selected

as the Administrator with the will annexed who gave

Bond to the Satisfaction of the Courts Letters Issued &c

B.C. Waters Probate Judge

Copy of the Will

In the name of the Benovolent Father of all I John Budd of Harlem

Township Delaware County Ohio in view of the uncertanty of Life

and the certainty of death do make and Publish this my last

will and Testament

Item 1st I devise that all my Just debts funeral and all other necessary

expenses to be paid out of my personal estate

Item 2d I Give devise and bequeath unto my beloved wife the Farm

on which I now reside containing about one hundred and

Sixty five Acres of Land and also all my household Goods

and furniture of every kind all the provisions provided for

the family and also four Hundred Dollars out of my notes

and money during her natural Life

Item 3d At the death of my ^Said wife I give devise and bequeath to my Son

James Budd 2d fifty five acres of the above mentioned farm

off of the East part of Said farm including that Portion of farm

on which he now Resides and also at the death of my Said wife

I Give devise and bequeath unto my two sons John Budd and

William Budd the remaining portion of Said farm Equally

divided between them

Item 4th All my personal property whatever there may be at my death

including notes money after paying the foregoing items I devise

to be equally divided between all my following named children

Minor Budd Inman Budd Remembrance Savage Eli Budd

Abraham Budds children William Budd John Budd Jr. James

Budd 2d Elijah Budds child and also
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 256)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 256)

Description

[page 256]

[corresponds to labeled page 223 of Will Records Vol. 5 [1869-1876]


223

Record of the Last Will and Testament of John Budd deceased

Whatever personal property that may remain of any at the death of my

Said wife to be equally divided between foregoing named children

Item 5th I do hereby nominate and appoint John Adams Executor of this my last

will and testament

Item 7th I hereby revoke all former wills made by me

his

John x Budd

mark

Signed and acknowledged by Sara John Budd as his last will and

Testament in our presence and Signed by us in his presence at his

request This 29th day of May AD 1866

Lyman B. Hanover

Eli Downing -

The State of Ohio

Delaware County ss In the matter of the last Will and Testament of

John Budd Sr of Harlem Township Delaware County deceased

We Lyman B. Hanover and Eli Downing being duly Sworn

in open Court this 10th day of August A.D. 1872 depose and Say that

we were present at the execution of the Last will and testament of John Budd

of Delaware County hereunto annexed bearing date 29th day of May

AD 1866 that We Saw the Said testator Subscribe Said Will and heard him

publish and declare the Same to be his Last will and testament

and that the Said testator at the time of Executing the Same was of

full age and of Sound mind and memory and under no restraint

and that we Signed the Same as witnesses at his request and in his

presence and in the presence of each other

Lyman B. Hanover

Eli Downing

Sworn to and Subscribed before me in Probate Court this 10th day

August AD 1872 B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 257)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 257)

Description

[page 257]

[corresponds to labeled page 224 of Will Records Vol. 5 [1869-1876]


224

Record of the Last Will and testament Jacob Willis deceased

Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

office in the Court House in the Town of Delaware on the 21st

August 1872

Will and Estate of Jacob Willes deceased

On this day the Last will and testament of Jacob Willes of

Delaware County deceased were presented for Probate and

Record whereupon John Remedy Joseph Bailey and

Simon Dilsaver the Subscribing witnesses thereto came

and were duly Sworn and their testimony reduced to writing

annexed to the will and filed therewith And it appearing

to the Court that Said will was duly Executed and attested and

that the Said testator at the time of Executing the Same was of

full age and of Sound mind and memory and not under

any restraint. It is therefore considered and ordered

that the Said will be admitted to Probate and record as duly

Proved as the Last Will and testament of Jacob Willes decd

and be recorded as Such B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all

I Jacob Willes of the County of Delaware and State of Ohio

do make and publish this my Last Will and testament

Item 1st I bequeath to my beloved wife Elizabeth Willes all

of my property both real and personal after my Just debts

are all paid with the exceptions of fity Dollars I bequeath

to my adopted Son William Willes

Item 2d I do reserve enough of money to put Suitable Tomb

Stone to our Graves Myself my two boxes

Item 3d I Give my executor full controll of all the property and to

sell it when they think best and the above bequeath not

to be paid untill the Property is Sold

Item 4th I do nominate and appoint my Wife Elizabeth Willes

and John Kennedy Executors of this My Last Will and testament

Item 5th revoking all former Wills made by me in testimony whereof

I have hereunto Set my hand -- Seal this 18th day of April

in the year of our Lord 1870 his

Jacob x Welles

mark

Signed and acknowledged by Said

Jacob Willes as his Last Will and testament

and Signed by him in our presence and

Signed by us in his presence

John Kennedy

Joseph Bailey

Simon Dilsaver

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 258)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 258)

Description

[page 258]

[corresponds to labeled page 225 of Will Records Vol. 5 [1869-1876]


225

The State of Ohio }

Delaware County ss } In the Matter of the Last Will and testament of

Jacob Willes of Delaware County deceased

We John Kennedy Joseph Bailey and Simon Dilsaver the

Subscribing witnesses being duly Sworn in open Court this 21st day

of August AD 1872 depose and Say that we were present at the

Execution of the Last Will and testament of Jacob Willes of Delaware

County hereunto annexed bearing date 18th day April AD 1870 that we

Saw the Said testator Subscribe Said will and heard him publish

and declare the Same to be his Last will and testament and that the

Said testator at the time of Executing the Same was of full age and

of Sound Mind and Memory and not under any restraint

and that we Signed the Same as witnesses at his request and in

his presence and in the presence of each other

John Kennedy

Joseph Bailey

Simon Dilsaver

Sworn to and Subscribed before me in Probate Court this 21st

day of August AD 1872 B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 259)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 259)

Description

[page 259]

[corresponds to labeled page 226 of Will Records Vol. 5 [1869-1876]


226

Record of the Last Will and Testament of Robert Powell deceased

Proceedings had fore the Hon B.C. Waters Probate Judge within and for the

County of Delaware and State of Ohio at his office in the Court House

in the Town of Delaware on the 2d day of September AD 1872

Will and Estate of Robert Powell decd

On this day the Last Will and testament of Robert Powell of Delaware

County deceased were presented for Probate and record Whereupon

J.W. Watkins and F M Joy the Subscribing witnesses thereto

came and were duly Sworn and there testimony reduced to writing

annexed to the will and filed therewith And it appearing to the

Court that Said Will was duly Executed and attested and that the Said

Testator at the time of Executing the Same was of full age and of Sound

Mind and memory and not under any restraint it is therefore

considered and ordered that the Said Will be admitted to Probate

and Record as duly Proved as the Last Will and testament of Robert

Powell decd & at the Same time came John Powell Executor

named in the will and accepted the Said Trust no bonds required

and no appraisement of the Personal Property B.C. Waters Pro Judge

Copy of Will

The last Will and testament of Robert Powell of Delhi in Radnor

Township and Delaware County Ohio

I the Said Robert Powell do make and publish this as my last

Will and testament as follows to wit --

1st It is my will that all my Just debts and the expenses of settling

my estate be first paid out of my personal property not other

-wise disposed of in the will

2d I will and bequeath to my daughter Margaretta Powell twenty

five Hundred dollars in United States bonds now in the Bank

at Delaware and belonging to me and in my name

3d I will bequeath and devise unto my Said daughter Margaretta

Powell two tracts or parcels of land in Radnor Township to wit

one tract a piece of land containing about 105 acres of Land more

or less being the same piece or parcel of Land conveyed to me

by Evan Evans and wife and on which Evans formily resided

and also another piece or tract of land containing Sixty two (62)

acres more or less being the Same land conveyed to me by William

Morgans and wife To have and to hold the Said land to her self for

Life and them to the issue of her body in fee but in case She Said

Margaretta Should die leaving no issue at the time of her death then

living or Living decendants of such issue them I will and devise

the Same land upon Such failure of Such issue or there decendants

then living at her death as aforesaid to my Son John Powell in fee

4th I will bequeath and devise all the remainder of my property both

real and personal of all kinds and descriptions whatsoever unto

my Son John Powell his heirs and assigns forever and I

further Give and devise unto my Said Son John the right and

privilege to take and use as he may want or need the same all the

trees wood and timber Standing and being on the Said 62 acre

tract above described known as the Morgan Lot that may not
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 260)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 260)

Description

[page 260]

[corresponds to labeled page 227 of Will Records Vol. 5 [1869-1876]


227

be needed on the Same as were Shade trees and the above devise to my

daughter is Subject to this devise

5th I do hereby constitute and appoint my Son John Powell Executor

of this my last will and testament hereby authorizing and empowering

him to compromise and Settle all all Claimse and matters due me in

such manner and upon such terms as he may deem best And I

request that he may not be requested to Give any bonds as Such Executor

and that there be no appraisment or Sale bill of my Estate in the

Settlement thereof but hereby trusting the whole to my Said Son

In testimony whereof I have hereunto Set my hand and

Seal this 7th day of July A.D 1860

Signed Sealed Published and } Robert Powell {seal}

declared by the Said Robert Powell as his

Last will and testament in our presence

and we at his request in his presence of each other have

Signed the Same as witnesses thereto

J W Watkins

F M Joy

The State of Ohio

Delaware County ss } In the matter of the last will and testament of

Robert Powell of Delaware County deceased

We J.W. Watkins and F M Joy being duly Sworn in open Court

this 2d day of September A.D. 1872 depose and Say that we were

present at the Execution of the last Will and testament of Robert

Powell of Delaware County hereunto annexed bearing date Seventh

day of July 1869 that we Saw the Said testator Subscribe Said will

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

and testament and that the Said testator at the time of Execu

-ting the Same was of full age and of Sound mind and memory

and not under any restraint and that we Signed the Same

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

of each other J.W. Watkins

F M Joy

Sworn to and Subscribed before me in Probate Court the 2d day

of September AD 1872 Benjamin C. Waters Pro Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 261)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 261)

Description

[page 261]

[corresponds to labeled page 228 of Will Records Vol. 5 [1869-1876]


228

Record of the last Will and Testament of Hanora Herron

Proceedings had before the Hon B.C. Waters Judge of the Probate Court

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

in the Court House on the 17th day of August 1872

Will and Estate of Hanora Herron decd

On this day the Last Will and Testament of Hanona Herron decd

were presented to the Court for Probate and Record Whereupon

H.E. Buck and C.H. McElroy the Subscribing Witnesses thereto came and

were duly Sworn and their testimony reduced to writing and annexed

to the will and filed therewith And it appearing to the Court that

Said will was duly Executed and attested and that the Said testator at

the time of Executing the Same was of full age and of sound Mind

and memory and not under any restraint It is therefore

considered and ordered that the Said will be admitted to Probate

and Record as duly Proved as the Last will of the Said Hanora

Herron decd & be recorded as Such B.C. Waters Probate Judge

Copy of Will

I Hanora A Herron of Delaware Ohio being of Sound mind

and memory & understanding do make & publish this my last

will and Testament

I do Give devise and Bequeath to my beloved Husband Eugene

A Herron all of my Estate Real & Personal and I do hereby appoint

and make my said Husband Eugene A Herron Executor of this

My Last Will and Testament I do hereby revoke all former wills

by me made In testimony whereof I have hereunto Set my

hand and Seal this 29th day of August AD 1870

Hanora A Herron {seal}

Signed and acknowledged by Said Hanora A Herron

as her Last Will and testament in our presence and signed

by us in her presence and in the presence of each other

H. E. Buck

C. H. McElroy

The State of Ohio

Delaware County ss In the matter of the Last will and testament

of Hanora A Herron of Delaware County deceased

We H.E. Buck and C.A. McElroy Being duly Sworn in open

Court this 17th day of August AD 1872 depose and Say that we

were present at the Execution of the Last will and testament

of Hanora A Herron of Delaware County hereunto annex

bearing date 29th day of August 1870 that we Saw the Said testatrix

Subscribe Said will and herd her publish and declare the Same

to be her last Will and testament and that the Said testatrix at the

time of executing the Same was of full age and of Sound mind

and memory & not under any restraint and that we signed the Same

as witnesses at her request & in her presence and in the presence of each

other } H E Buck

Sworn to and Subscribe before me in Probate Court } C H McElroy

this 17th day of August AD 1872 B.C. Waters Probate Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 262)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 262)

Description

[page 262]

[corresponds to labeled page 229 of Will Records Vol. 5 [1869-1876]


229

Record of the Last Will and Testament of Nimrod H Payne decd

Proceedings had before the Hon B.C. Waters Judge of the Probate Court within

& for the County of Delaware and State of Ohio at His Office in the Court House

in the Town of Delaware on the 21st day of September AD 1872

Will and Estate of N H Payne deceased

On this day the Last Will and testament of H.H. Payne of Delaware County

deceased were presented for Probate and Record whereupon E. Kimball

and George Armstrong the subscribing witnesses thereto came and were duly

Sworn and their testimony reduced to writing annexed to the will and

filed therewith And it appearing to the Court that Said Will was duly

executed and attested and that the Said testator at the time of Executing

the Same was of full age and of Sound mind and memory and

not under any restraint It is therefore considered and ordered that

the Said will be admitted to Probate and record as duly Proved as

the the Last will and testament of Nimrod H Payne and Be record

as Such B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I Nimrod H. Payne

of the village of Sunbury Township of Berkshire County of

Delaware and State of Ohio being of Sound mind and relentive

memory do make and publish this my last will and testament

to wit

Item 1st It is my will that my executor shall cause all Just debts

and Legal demands against my Estate to be fully paid

Item 2d I Give and bequeath to my beloved wife Elizabeth Paying

all my Estate both real and Personal during her natural Life

to dispose of and use as She may elect

Item 3d It is my will that at the decease of my beloved wife

Elizabeth Payne that my Estate as it then may be, be it more

more or less be equally divided between my two daughters

Sarah A. and Ada M. or their Legal representatives

Item 4th I hereby appoint my beloved wife Elizabeth Payne

Executor of this my Last Will and testament without

Bonds In testimony whereof I have hereunto Set my

hand and Seal this 18th day of March 1872

Signed and acknowledged in our } N.H. Payne {seal}

presence and Signed by us in his presence }

E. Kimball

George Armstrong

The State of Ohio

Delaware County ss In the matter of the Last Will and testament

of N. H. Payne of Delaware County decd

We Elias Kimball and George Armstrong being duly

Sworn in open Court this 21st day of September AD 1872

depose and Say that we were present at the Execution of the Last

Will and testament of N.H. Payne of Delaware County hereto

annexed bearing date 18th day of March 1872 that we

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 263)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 263)

Description

[page 263]

[corresponds to labeled page 230 of Will Records Vol. 5 [1869-1876]


230

Record of Last Will and testament of N.H. Payne decd

Saw the Said testator Subscribed Said will and heard him publish

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

the Said Testator at the time of Subscribing the Same was of full

age and of Sound mind and memory and not under any

restraint and that we Signed the Same as witnesses at his re

quest and in his presence and in the Presence of each other

E. Kimball

George Armstrong

Sworn to and Subscribed before me in Probate Court

this 21st day of Sept AD 1872 B.C. Waters Probate

Judge


Record of Last Will and testament of Peter Rank deceased

Proceedings had before the Hon. B.C. Waters Judge of the Probate

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

at his office in the Court House in the Town of Delaware on

the 15th day of October AD 1872 B.C. Waters Probate Judge


Will and Estate of Peter Ranck deceased

On this day the Last Will and testament of Peter Rank deceased

of Delaware County were presented for Probate and Record where

upon Samuel Patterson and Jesse Moss the Subscribing witness

-es thereto came and were duly Sworn and their testimony

reduced to writing and annexed to the will and filed therewith And it

appearing to the Court that Said will was duly Executed and attested

and that the Said testator at the time of Executing the Same was of full

age and of Sound mind and memory and not under any restraint

it is therefore considered and ordered that the Said will be

admitted to probate and Record as duly Proved as the last will

and testament of Peter Rank deceased and at the Same time

came Philip Rank and Martin Rank the Executors named in

the will and Gave Bond in the Sum of $1000.00 with Samuel

Patterson and Jesse Moss as his Surite Bond accepted Letters

issued etc B.C. Waters Probate Judge

Copy of Will

In the name of the Benevolent Father of all I, Peter Ranck of Genoa

Township Delaware County State of Ohio do make and Publish

this my Last Will and testament

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

dower the farm on which we now reside Situate in Township

and County above named Containing about fifty acres during

her natural life and all the Stock Household Goods furniture

provisions and other Goods and chattles which may be thereon

belonging -- at the time of my decease during her natural

life as aforesaid, She however parting with So much of the

personal property to pay all My Just debts

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 264)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 264)

Description

[page 264]

[corresponds to labeled page 231 of Will Records Vol. 5 [1869-1876]


231

Record of the Last Will and testament of Peter Ranck decd

Second At the death of my Said wife the real Estate aforesaid to be

Sold to the best advantage and the money arrising therefrom to be

equally divided to my heirs Philip A. Ranck Martin H. Ranck Uriah

M Ranck Frances M Ranck William P Ranck and Catharine L Ranck

I do hereby nominate and appoint my beloved wife Eliza Guardian

of Such of my heirs as may be under age at the time of my decease

untill they arrive of age

Third I do hereby nominate and appoint my sons Philip A. Ranck

and Martin H. Ranck Executors of this my Last Will and testament

hereby authorizing and empowering them to compromise adjust

release and discharge in Such manner as they may deem proper the

debts and claims due me I do also authorize and epower

them if it Shall become necessary in order to pay my debts to

Sell by Private Sale or in Such manner upon Such terms as they

deem but Such ammount of my personal Property as to pay all

my Just debts

In testimony hereof I have hereunto Set my

hand and Seal this tenth day of August in the year of our Lord

one thousand Eight Hundred and Seventy two

Peter Ranck {seal}
Signed and acknowledged before me

as his Last will and testament this

10th day August AD 1872 S Sharp J P

Signed and acknowledged by Said Peter Ranck as his Last will

and testament in our presence and Signed by us in his

presence Samuel Patterson

Jesse Moss

The State of Ohio }

Delaware County ss } In the matter of the Last will and

testament of Peter Ranck of Genoa Township deceased

We Samuel Patterson and Jesse Moss being duly Sworn in

open Court this 15th day of October AD 1872 depose and Say

that we were present at the Execution of the Last will and testament

of Peter Ranck of Delaware County hereunto annexed bearing date

tenth day of August 1872 that we Saw the said testator Subscribe

Said will and heard him publish and declare the Same to be his

last will and testament and that the Said testator at the time of

of Executing the Same was of full age and of Sound mind and

memory and not under any restraint and that we Signed

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

in the presence of each other

Samuel Patterson

Jesse Moss

Sworn to and Subscribed before me in Probate Court this 15th

day of October AD 1872 B.C. Waters Probate

Judge
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 265)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 265)

Description

[page 265]

[corresponds to labeled page 232 of Will Records Vol. 5 [1869-1876]


232

Record of the Last Will and Testament of Thos A Collum decd

Proceedings had before the Hon B C Waters Judge of the Probate Court

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

in the Court House in the Town of Delaware on the 10th day of

Ocotber AD 1872

Will and Estate of Thomas A. Colum decd

On this day the Last Will of Thomas A. Collum of Delaware County

Ohio deceased were Presented for Probate and Record and it appearing

to the Court that Robert is now deceased and that N P Furgeson

is now residing in the County of Wayne in the State of Iowa whereupon

F M Owen appeared in open Court and was duly Sworn and his

testimony reduced to writing and attached to the will he deposeth and Saith

that the Signature is the Signature of the Said Robert Ferguson decd & is

Genuine and a copy of the Said Will with a commission to William W

Thomas was forwarded to Gordon Wayne County Iowa to take the

Testimony of N.P. Furgeson the other witness to the Said will who now

resides in the Said County of Wayne Iowa and the matter is continued

to await there time of Said will B.C. Waters

Copy of the Will

I Thomas Collum of the County of Delaware and State of Ohio considering

the uncertainty of human life do make and ordain this my Last will

and testament in manner following To wit

First I order that my funeral expenses and all other Just Claims be paid

Second I Give and bequeath all the residue of my Estate whether real or

personal that I may be in possession of or hold a Claim on at my

decease to my only brother Milan A Collum

Third and Lastly I do hereby appoint and ordain my said

brother Milam A. Collum Sole Executor of this my will but

in care he should not be of Lawful age or other wise in capacitated

I nominate and appoint my Uncle Sylvester Wigton to carry out

the provisions and bequests herein above made In testimony

whereof Set my hand and Seal this first day of June AD 1867

Thomas A Collum {seal}

Signed and Sealed and acknowledged in the presence of us

N. P. Furgeson

Robert Furgeson

Testimony of F.M. Owen to the Signature of Robert Furgeson decd

The State of Ohio }

Delaware County ss } In the matter of the Last Will and testament of

Thomas A. Collum deceased Franklin M Owens of Lawful age

personally appeared before the undersigned a Probate Judge in

and for the County of Delaware and State of Ohio and after being

duly Sworn according to Law deposeth and South that he was well

acquaintd with Robert Furgeson whose name appears as one of the

witnesses to the will of the Said Thomas A Collum decd and Says that

the Said Robert Ferguson is now deceased & that he was well

acquainted with his hand writing and that the Signature to the

Siad will is the Signature of Said Robert Furgeson and Genuine

Sworn to in open Court this 1st day of October Ad 1872 } T M Owen

B C Waters Probate Judge}
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 266)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 266)

Description

[page 266]

[corresponds to labeled page 233 of Will Records Vol. 5 [1869-1876]


233

Record of Last Will and Testament of Thomas A Collumn decd

Commission to Take Testimony of Witness to Will

The State of Ohio }

Delaware County } ss To W W Thomas Notary Public Greeting

know ye that we in confidence of your prudence and fidelity have appointed

governed by these presents do give you full Power and authority to

Examine and take the deposition of N P Furgeson Subscribing witnesses

to the Last Will and testament of Thomas A Collum deceased

hereto annexed Late of the County of Delaware in the State of Ohio

decd and therefore we command you that at certain days and

places appointed by you you cause the Said N P Furgeson to be brought

before you and and their to exame Him on oath or affirmation first taken

before you touching the due Execution of Said will of the Said Thomas A

Collum deceased and that you reduce Such Examination to writing

and return the Same together with this commission and the will

of the Said Thomas A Collum decd thereto annexed closed up under

your Seal unto this Court with all convenient speed

In testimony whereof I B.C. Waters Judge of the Said

Court have hereunto Set my hand and affixed the Seal of Said

Court at Delaware the 1st day of October AD 1872

{seal} B.C. Waters Probate Judge

Testimony of witnesses to will

In the matter of the Last Will and testament of Thomas A Collum

deceased I W W Thomas a notary Public in and for the County of

Wayne Iowa duly appointed and commissioned by the Judge of

the Probate Court of the County of Delaware in the State of Ohio to take

the testimony of N.P. Furgeson the subscribing witnesses of the Last will

and testament of Thomas A. Collum deceased Late a resident of Said

County of Delaware in the State of Ohio which commission and the Will

are hereinto annexed do hereby certify that in pursuance of Said

Commission I caused N.P. Furgeson Said Subscribing witnesses as afore

Said to come personally before me at Corydon Wayne County

Iowa who being by me first duly Sworn according to Said to speak

the truth and nothing but the truth covering and in relation to

the Execution of Said will depose and Say that I was present at

and Saw Thomas A Collum Sign the Attached will and that

at the request of the said Thomas A. Collum and in his presence

and also in the presence of Robert Furgeson the other Subscribing

witness I Signed my name to Said will and that Said Collum

was of Sound mind at the time they were present making of Said

will herto attached marked A and at there it of of the deceased

Subscribed there names to Said will as witnesses in the presence

of the deceased and of each other that they Saw the Said Thomas A

Collum deceased Sign and Seal Said will and heard him ackno

-weldge the Same be his ^Last will and testament that the Said

Thomas A Collum decd was at the time of making Signing

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 267)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 267)

Description

[page 267]

[corresponds to labeled page 234 of Will Records Vol. 5 [1869-1876]


234

Sealing Said Last Will & testament of Legal age and of Sound mind

and memory & under no undue or unlawful restraint whatsoever

N.P. Ferguson

I W W Thomas Notary Public in for the Wayne County

State of Iowa do hereby testify that testimony was reduced to

writing by my self in the presence of Said witness respectfully

and subscribed by said witness in my presence on this fourth day

of October AD 1872 In testimony whereof I have

hereunto Set my hand and seal Notarial this fourth day

of October AD 1872 W.W. Thomas Notary Public

{seal}


Record of the Last Will and Testament of Ezekiel Longwell

Proceedings had before the Hon B.C. Waters Judge of the Probate

Court within and for the County of Delaware and State of

Ohio at His office in the Court House in the Town of Delaware

on the 25th day of Ocotber AD 1872

Will and Estate of Ezekiel Longwell deceased

On this day the Last will and testament of Ezekiel Longwell

deceased were presented for Probate and Record whereupon Wm

Williams one of the subscribing witnesses thereto came and was

sworn and his testimony reduced to writing and attached to

the will and filed therewith and it appearing to the Court

that Wesley Williams the other Subscribing witness had left

the State and his post office address unknown to the

Court thereupon Came Thomas Potter and

Who were Sworn and examined their testimony

reduced to writing Proving the Signature of the Said

Wesley Williams and it appearing to the Court that Said

will was duly Executed and attested and that the Said testator

at the time of Executing the same was of full age and of Sound

mind and memory and not under any restraint it is therefore

considered and ordered that the said will be admitted to

Probate and record as duly Proved as the Last will and testa

-ments of Ezekiel Longwell and be recorded as such at the

Same time Came Louisa Longwell and Benjamin F

Longwell Executors named in the Will and Gave Bond

in the Sum of $1000.00 with Wm Williams as Surety

Bond accepted Letters Issue etc

B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 268)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 268)

Description

[page 268]

[corresponds to labeled page 235 of Will Records Vol. 5 [1869-1876]


235

Record of Last Will and Testament of Ezekiel Longwell decd

Copy of the Will

I Ezekiel Longwell of the County of Delaware and State of Ohio

do make and publish this my last will and testament in manner

and form following that is to say

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

debts be fully Paid

Second I Give devise and bequeath to my beloved wife Louisa

Longwell the farm on which we now reside Situate in Brown

Township Delaware County Ohio containing about one Hundred

and Seventy seven Acres during her natural Life or as long as

She shall remain my widow and in case She Should Mary

again then She shall retain her Legal dower of the above

premises

Third I Give and devise to my Son Benjamin F. Longwell

all the above described real Estate Subject onely to my wifes

Claims as aforesaid together with all personal property

and effects by Me owned and kept thereon and to his heirs

and assigns forever

I have wheretofore Given to my oldest Son James Longwell the

amount of two Thousand dollars which I consider his

Share of my Estate

And Lastly I hereby constitute and appoint my said wife

and Son Benjamin F Longwell to be the Executors of this

My Last Will and Testament revoking all former wills

and ratifying and confirming this as my last will and

testament

In testimony whereof I have hereunto Set my hand

and Seal this 10th day of August AD 1863

Ezekiel Longwell {seal}

Signed and acknowledged by Said Ezekiel Longwell

as his Last Will and testament in our presence and Signed

by us in his presence Wm Williams

Wesley Williams

The State of Ohio Delaware County ss

In the matter of the Last will and testament of Ezekiel Longwell deceased

I William Williams being duly sworn in open Court this 25th day

of October AD 1872 depose and Say that I was present at the Execution

of the Last Will and testament of Ezekiel Longwell decd hereto

annexed bearing date 10th day of August 1863 that I Saw the

Said testator Subscribed Said Will and heard him publish and

declare the Same to be his last will and testament and at the time

of executing the Same was of full age and of Sound mind and

memory and not under any restraint and that I Signed

the Same as witness at his request in his presence and in the

presence of each other

Wm Williams

{seal} Sworn to and Subscribed before me in Probate Court

this 25th day of October AD 1872 B C Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 269)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 269)

Description

[page 269]

[corresponds to labeled page 236 of Will Records Vol. 5 [1869-1876]


236

Record of Last Will and testament of Ezekiel Longwell deceased

State of Ohio }

Delaware County ss } In the Matter of the Last Will and testament

of Ezekiel Longwell deceased of Brown Township Delaware

County Ohio It appearing to the Court that Wesley Williams

one of the Subscribing Witnesses thereto has moved out of this State

and the Court not being able to find out his present Post office

address thereupon John Waters Thomas Potter and

William Williams was called and duly Sworn and there testimony

reduced to writing and filed herewith depose and Say that they

were well acquainted with the hand writing of the Said

Wesley Williams and that the Signature to the Said will

as witness is the signature of the Said Wesley Williams

and is genuine and at the Same time came Wm Williams

the other Subscribing witness to Said will and deposeth and

Saith that he was present and Saw the Said Wesley Williams

Subscribed Said Will as a witness to the Same at the Same time

that this deponent Signed the Same and the Signature of the

Wesley Williams thereto is genuine further these deponents

Saith not Thomas Potter

John Waters

William Williams

Sworn to and Subscribed before me ^in the Probate Court

this October 25 AD 1872 B C Waters Probate Judge

___________________________________________________________________________


Record of the Last Will and Testament of Nathan Dustin decd

Proceedings had before the Hon B.c. Waters Judge of the Probate Court

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

office in the Court House in the Town of Delaware on the 25th

of November AD 1872

Will and Estate of Nathan Dustin deceased

On this day the last will and testament of Nathan Dustin of

Delaware County deceased were presented for Probate and record

whereupon L.P. Cook and W.F. Silverwood the Subscribing

witnesses thereto came and were duly sworn and there testimony

reduced to writing and annexed to the will and filed therewith

and it appearing to the Court that said will was duly Executed

and attested and that the Said Testator Nathan Dustin at the

time of Executing the Same was of full age and of Sound mind &

memory and not under any restraint It is therefore considered

and ordered that the Said will be admitted to Probate and Record

as duly Proved as the Last will and testament of Nathan Dustin

deceased & at the Same time came Ezekiel Brown Executor named

in the will & Gave Bond in the Sum of $14000.00 with

as Sureties Bond accepted letters issued etc

B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 270)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 270)

Description

[page 270]

[corresponds to labeled page 237 of Will Records Vol. 5 [1869-1876]


237

Record of Last Will & Testament of Nathan Dustin deceased

Copy of Will

In the name of the Benevolent Father of all I Nathan Dustin of Galena

Delaware County Ohio do make and publish this my Last will and Testament

Item 1st I give and bequeath unto my beloved wife Nancy J. Dustin the use

of one half of the Dweling House in which I now reside in the village

of Galena Delaware County Ohio as long as She wishes to occupy it

She to pay one half of all Taxes assessed against Said Property I also Give

to her one Buggy and Harness which is to be Sold by my Executor for her

Benefit I also Give and bequeath to my Said wife one Hundred and

Sixty acres of Land Situate in Lucas County in the State of Iowa and

in Township no 71 Range 22 West and One Thousand dollars in

money to be paid to my Said wife by my Executor out of money due

me from Lyman Huntley Also I bequeath to her all the Stoves and

furniture all the kitchen furniture all the crockery Spoons knives

and forks three Feather beds bedding and bedsteds and one Huck

Bed bedding and Bedstead in the Kitchen chamber - the Sewing

machine one Lounge one Bureau one Book case a Select Portion

of Books including the Family Bible Websters Dictionary

Johnsons Atlas and any other Books She may select not

Exceeding twenty ^five dollars in value All the Parlor furniture except

the Lounge) one clock all the carpets two Tables in addition

to the kitchen table two Stands two wash Stands and their furniture

all maps Pictures ornaments and Jewels two mirrors in addition

to the one in Parlor two Small ones in the Sleping rooms all the

Chairs used in the Setting room and Kitchen and one chamber

chair the necessary provisions for one year for the Family and

the vessels containing the Same two hogs and the born to fatten them

All these are Given in Lieu of Dower in my Estate and the usual

allowance of one years Support after my decease but She to have

all the Fuel in the wood House

Item 2d I Give and bequeath to my Daughter Sophrona Leonard the

Sum of Eight Hundred dollars in addition to what I have already

Given her

Item 3d I give and bequeath to my Grand Daughter Ann Eliza Hoover

the five Hundred dollars now in the hands of E Brown Said

Sum to be paid to David Leonard in annual installments of

fifty dollars each for her use and benefit The interest also

to be paid to Said Ann Eliza Hoover as now provided for

Item 4th I Give and bequeath to my Daughter Ann A. Dirst the Sum

of Five Hundred dollars in addition to what I have already

Given her

Item 5th I Give and bequeath to my Son John H Dustin the

Sum of Five Hundred in addition to what I have already

Given to him

Item 6th My Executor will Sell all other personal Property according to Law

and any Real Estate that I may have at my decease that is not hereby

devised and he is hereby authorized to Sell the Same either at Public

or private sale on the best and Safe terms and Execute a good deed in
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 271)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 271)

Description

[page 271]

[corresponds to labeled page 238 of Will Records Vol. 5 [1869-1876]


238

in fee Simple for the Same and after paying the Legal claims

and the aforesaid devises to divide the balance equally among all

my Grand children (Except Ann Eliza Hoover) and the Great Grand

children by Said Ann Eliza Hoover each to share equally without any

regard to the number in the family

Item 7th I do hereby nominate and appoint Ezekiel Brown Executor of

this my Last will and testament

In testimony whereof I have hereunto Set my hand and Seal

this 5th day October AD 1872

Nathan Dustin {seal}

Signed Sealed and acknowledge by Said Nathan Dustin as hs

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

his presence L.P. Cook

W.F. Silverwood, M.D.

The State of Ohio }

Delaware County ss } In the matter of the Last Will and testament

of Nathan Dustin deceased

We L.P. Cook and W.F. Silverwood

being duly Sworn in open Court this 25th day of November

A D 1872 depose and Say that we were present at the Execution of the

Last will and testament of Nathan Dustin of Galena Delaware

County hereunto annexed bearing date fifth day of October 1872

that we Saw the Said testator Subscribe Said will and heard him

publish and declare the Same to be his Last Will and testament

and that the Said testator at the time of Executing the Same

was of full age and of Sound mind and memory and not under

any restraint and that we Signed the Same as witnesses at

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

L.P. Cook

W.F. Silverwood

Sworn to and Subscribed before me in Probate Court this

25th day of November AD 1872 B.C. Waters Probate Judge

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 272)

Title

Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 272)

Description

[page 272]

[corresponds to labeled page 239 of Will Records Vol. 5 [1869-1876]


239

Record of Last Will and Testament of Isaac Myers deceased

Proceedings had before the Hon B.W. Waters Judge of the Probate Court

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

in the Court House in the Town of Delaware on the 30th day of November

1872

Will and Estate of Isaac Myers deceased

On this day the Last will and Testament of Isaac Myers of Delaware

County deceased were presented for Probate and Record Whereupon

J Smiley Smith and William M Warren Sr the Subscribing witnesses

thereto came and were duly Sworn and Examined and ther testimony

reduced to writing annexed to the will and filed therewith

And it appearing to the Court that the Said wil was duly Executed

and attested and that the Said testator at the time of Executing the Same

was of full age and of Sound mind and memory and not under

any restraint It is therefore considered and ordered that the Said

will be admitted to Probate and Record as duly proved as the

Last Will and testament of Isaac Myers deceased and be

Recorded as Such and William M Warren Jr the Executor

named in the will came and Gave Bond in the Sum

of Eight Hundred Dollars with Wm M Warren Sr as Surty

Bond accepted Letters Isued etc B.C. Waters Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I, Isaac Myers of

Delaware County Ohio do make and publish this my last will

and testament

Item 1st After the payment of my funeral and expenses of my last

Sickness and all debts against my Estate

2d I will an equal division of all remainder to my three children

Maria Katharine and Sarah Should any be dead that Share or Shares

to go to those alive

3d I hereby appoint We M. Warren Jr Executor authorizing him

to Sell my Lot in Hilvill in Said County at Public or private Sale

as he may think best and deed to purchase to Execute acknowledge

and deliver in fee Simple

I do hereby revoke any and all wills heretofore by me made

in testimony hereof I have hereunto Set my hand and Seal this

30th day of October AD 1872 his

Isaac x Meyers {seal}

mark


Signed and acknowledged by Isaac Myers as his will in our presence & signed

by us in his presence J Smiley smith

William M Warren Sr

The State of Ohio }

Delaware County ss } In the mater of the last will and testament

of Isaac Myers of Scioto Township Delaware County Ohio decd

We J. Smiley Smith and William M Warren Sr being

duly Sworn in