Delaware County Ohio Will Records Vol. 7 1883-1887

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MICROSTRIP

3 Sept. 59


ROLL DATE

5 SEP 4 1959

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Will 7

1883-87

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Ahern Patrick 245

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Blanchard William Williams 4

Bramm Catharine 67

Brunn Henry W. 89

Bowers Elias 146

Brick Levi S. 154

Bowen Mary W. 217

Bockoven Eliza 230

Bale James 248

Bolinger John Jacob 421 Case No 3974

Bean Benjamin 449

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Curry John G. 18

Carpenter Hiram R. 108

Carter Mahala 166 Case No 3836

Copeland W. E. 233

Conklin. Mathew. 382

Cornell Harvey 456 Case No 4077

Clark George 304

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Decker William H. 70

Dixon Alva 35

Davis James 181 Case No 3840

Davis Ira 439-442 " " 4058

Dilsaver Eliza 468

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Ellmaker Fredrick 27

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Fry Barbara 29

Fry Richard 64

Frost John M. 103

Foster John 119

Ferson Samuel 173

Ford William 262

Fichtelman John. 317

Finley Andrew 451 Case No 4076

Fletcher Mary Rooney 499

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Gorsuch Thomas 258

Ganong Gilbert 415 Case No 4036

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Hillyer Picton D. 7

Hubble Mary A. 53 Case No 3708

Havens Andrew 112 " " 3791

Hickle Timothy 150

Hunt William Howell 191

Hendricks Lyman 278

Hollenbaugh Henry 312

Hatch Winfield S. 187

Hattery Mariah 429

Hubbard James F. 443 Case No 4061

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Irwin Catharin 92

Iler William 157

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Johnson Harvey 84

Jones Thomas 128

Jamison James M. 205

Jones David L. 238

Jones John 15

Joslin Jonas 267

James James. 402 Case No 4001

Jaynes Marshal [Marshall] 407 " " 4027

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Kilbourn Sarah M. 133

Keys Richard 162

Knackel Jacob 292

Kyle Elizabeth 473

King Jane 478

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Lackey David H. 53

Love John 75

Lamb Minerva A 79

Lindner Frederick G. 123

Lewis Thomas 170

Loop Peter 201 Case No 3867

Lybrand Archibald Sen 287

Lynch Mary M. 393 Case No 4004

Laddin or Liddane Timothy 399.

Lydy Mathena J. 495

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Martin Valentine 10

Maize James 326

Morgan. Susan. 342

Miller. John. 370

Merryman Henson 435 Case No 4049

Moses Jane 395

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McCarty Mary 32

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Needles Archibald C 273

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Olmsted. A.J. 350

Owen Warren 489

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Peck George A 1

Powers Benjamin 22

Patterson Samuel 46

Peters Abraham 61 Case No 4154

Potter Elizabeth R. 196

Port Stephen 283

Perfect Jane R. 322

Price. Lewis 377

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Roberts Henry 73 Case No 3740

Roberts Thompson 212

Roloson Margaret 253

Rosecrans Stephen 296

Ryan John 337. Case No 3968

Reardon Timothy 390 " " 4012

Rosencrans Sylvester H 411

Riddle Elizabeth 485

Richey Catharine 503

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Smith Ralph 96

Said Presley 136

Shea John 142

Spaulding Patience 177 Case No 3839

Stark, Nancy A. 333

Slough. Joseph 352

Sharp. Stephen. 356

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Taylor Lysander 58 Case No 3734

Thomas Elizabeth 222

Turner Harriet 299

Taylor. Cornelia A. 364.

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Van Buskirk Diana T. 41

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White Mary J 13.

Watson Walter T. 50

Wallace Almira T. 99

Wise John Sen 209

White James. 307 Case No 3961

White. John W. 347

Williams William B. 386

Waters Mary Ette 426

White Catharine 460 Case No 4078

Wells William 464

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1

George A. Peck's Will

September 19th 1883

This day an instrument of writing purporting

to be the last Will and Testament of George A. Peck

late of Berkshire Township in this County deceaced

was produced in open Court for probate and it appear-

ing to the Court that the said Will had not been

deposited in this Court before the death of the Testa-

tor it is ordered that said Will be filed in this Court

and that due notice of the filing and of the appli-

cation to admit the same to probate and record

be given by Eunice R. Peck, widow of said decedent

to Carrie L. Peck, Henry I. Peck, Harry O. Peck and

Ella V. Peck Perfect next of kin of the Testator

resident of the State of Ohio, that said applica-

tion will be for hearing before this Court on the 17th

day of October 1883 at 11 o'clock A.M.

Rufus Carpenter

Probate Judge


October 17th 1883.

Be it remembered that heretofore to wit: on the 19th

day of September A.D. 1883 an instrument of writing

purporting to be the last Will and Testament of Geo

A Peck late of Berkshire Township this County deceased

was produced in open Court for probate and was then

filed, and it now being shown to the satisfaction of the

Court that due notice of the filing of said Will and

of the application to admit the same to probate and

record in this Court has been given to Carrie L. Peck

Henry I. Peck, Harry O. Peck and Ella V. Peck Perfect

the next of kin of the Testator pursuant to a former

order of this Court; therefore on this day came S. R.

Walker and W. H. Shaver, the subscribing witnesses to

said Will, who being duly qualified, testified to the

due execution and attestation of said Will, which

testimony was reduced to writing by them respectively

subscribed and filed with said Will, Whereupon the

Court finds the aforesaid instrument of writing is the

last Will and Testament of said G. A. Peck deceased

that the same was duly executed and attested that

the said Testator at the time of signing the same

was of lawful age of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever. It is therefore by the Court ordered that the

said Will be admitted to probate and that the same

together with the testimony of the witnesses above

named be entered of record in ths Court Also on

the same day personally appeared in open Court

Eunice R. Peck widow of G. A. Peck deceased and

made known therein her election to take under the

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 62)

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2

George A Peck's Will

provisions of the Will of her said deceased husband

Whereupon the Court explained to her the provisions of said

Will and her rights under it and her rights under the

law and she did declare herself satisfied with with

the provisions of said Will and asked that her election

to take under said Will might be entered upon the Journal

of this Court which was accordingly done

Rufus Carpenter

Probate Judge


Copy of Will

I, George A. Peck, of the Township of Berkshire, County of

Delaware and State of Ohio being of sound mind and

memory and considering the uncertainty of this frail and

transitory life do therefore make, ordain and declare this

to be my last Will and Testament. That is to say

first, lawful debts including funeral expenses to be paid

To my beloved wife all household furniture and any

cow she may select on the farm at the time of my decease

also the horse and buggy of the family if she chooses to ac-

cept them, also the one third interest in this farm we

*now occupy (after all claims are settled) her natural life

I give to my 2 sons Henry I. and Harry O. all my Real

Estate after all debts are paid and subject to their

mothers dower on condition first. that their living sister

Carrie L. have the first choice of cows on the farm after

her mother choses hers 2, second that they pay Carrie L.

Eighteen hundred dollars ($1800) that the said $1800 be in

interest after one year from the time of my decease 3 third

that they pay to Ella V. (Peck) Perfect their sister Eighteen

Hundred dollars on interest after one year as follows

$600 in one year $600 and interest in two years $600 and

interest in three years to Ella V. Perfect or her heirs (Her

Mother Eunice R. Peck Guardian) Now if my two boys

Henry I. and Harry O. choose not to take the farm and

apportanances Jointly and pay to the other three $1800 apiece

as afore mentioned and if boy or boys choose not to pay debts

and take the land, they can after all debts are paid

have it appraised and divided or sold each child to

Carrie L. Henry I Harry O Ella O

share equally, subject to their mothers dower

Likewise I make and constitute my son Henry I. Executor

of my last will and testament

In witness whereof I have hereunto subscribed

my name and affixed my seal

G A Peck

The above written instrument was subscribed by the

said George A. Peck in our presence and acknowledged

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3

George A. Peck's Will

by him to each of us. and he at the same time

declared the above instrument so subscribed to be his

last Will and Testament, and we at the Testator

request and in his presence have signed our names

as witnesses hereto

S. R. Walker

W. H. Shaver

[in left margin: This item was omitted and should

follow who on 2d page *]


I give to my oldest son Clinton N. Peck by my first

wife one dollar, He Clinton N. having received of me

One Thousand Dollars $1000 and now holding notes (and

a note against. J. H. Welchams which was left with

me to collect and was paid to me in the years

1877-1878, in cattle money etc to the amount of ($200)

Two Hundred dollars which I acknowledge the receipt

of and wish paid with interest on the same to him

with my note of hand given in previous years according

to an article of agreement entered into August 17th

A.D. 1873 and recorded in County records Delaware

County Ohio


Probate of Will

The State of Ohio} Probate Court

Delaware County } ss

Personally appeared in open Court S.R.

Walker and W. H. Shaver the subscribing witnesses to the

last Will and Testament of G. A. Peck 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 G. A Peck now deceased is

the Will of said deceased G. A. Peck, that they were

present at the execution of said Will, at the request

of the Testator subscribed their names to the same as

witnesses in his presence, and that they say the said

G.A. Peck deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will and

Testament, that the said G. A. Peck at the time of making

signing and sealing said Will, was of legal age and of

sound and disposing mind and memory, and under

no undue or unlawful restraint whatsoever.

S. R. Walker

W. H. Saver

Sworn to and subscribed in open Court this 17th day of

October A.D. 1883

Rufus Carpenter

Probate Judge

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4

William Williams Blanchards Will

December 8th 1883

Journal Entry

This day an instrument of Writing purporting to be the last Will

and Testament of William Williams Blanchard late of Delaware

Township in this County deceased was produced in open Court

for probate and appearing to the Court that said Will had

not been deposited in this Court before the death of the

Testator it is now ordered that the said Will be filed in this

Court and that due notice thereof and of the application

to admit the same to probate and record be given by Francis

A. Blanchard & Mary E. Wilson of Springfield Illinois, Lydia

J. Blanchard and Catharine A Vincent next of kin of the Testator

resident of the State of Ohio that said application will be

for hearing before this Court on this 8" day of December A.D.

1883 at 7 o'clock P.M.

Rufus Carpenter

Probate Judge

December 8" 1883

Journal Entry

And afterwards on the same day December 8th A.D. 1883 the

findings and orders of this Court relative to the last Will

and Testament of William Williams Blanchard deceased

were entered on the Journal in words and figures following to wit:

In the Matter of the Will of }

William Williams Blanchard - decd}

Be it remembered that here-

tofore to wit: on the 8" day of December A.D. 1883 an instru-

ment of writing purporting to be the last Will and Testament

of William Williams Blanchard late of Delaware Township

this County deceased was produced in open Court for probate

and was then filed. And it now being shown to the satisfaction

of the Court that due notice of the filing of said Will and

of the application to admit the same to probate and record

in this Court has been given to Mary E. Wilson, Lydia J.

Blanchard, Catharine A. Vincent and Francis A. Blanchard

next of kin of the Testator pursuant to a former order of

this Court. Therefore on this day came Christopher F. Graff and

John W. Pfiffner the subscribing witnesses to said Will who

being duly qualified testified to the due execution and

attestation of said Will which testimony was reduced to writing

by them respectively subscribed and filed with said Will

Whereupon the Court finds that the afore said instrument of writing

is the last Will and Testament of the said William Williams Blanchard

deceased, that the same was duly executed and attestated, that

the said Testater at the time of signing the same was of lawful age of sound

and disposing mind and memory and under no undue or unlawful

restraint whatsoever. It is therefore by the Court ordered that the said will be

admitted to probate and that the same together with the testimony of the

witnesses above named be entered of record in this Court.

Rufus Carpenter Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 65)

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5

William Williams Blanchard's Will

Will of Personal and Real Estate

In the name of God amen: I William Williams Blanchard

of the town of Delaware in the County of Delaware and

State of Ohio of the age of Seventy-seven years and being

of sound mind and memory do make and publish and

declare this my last Will and Testament in manner

following that is to say:

First I give and devise all my furniture with the house

and lot being No "22" on Griswold Street in the town

of Delaware in which I am now living, to my daugh-

ter Lydia Jane Blanchard with all the apperances thereon

(in consideration of her many acts of kindness and af-

fections to promote my happiness and comfort since the

death of my wife) for to have and to hold the above described

premises forever -

Second I give and devise (after all my debts are paid) all my

Real and Personal Estate (except the house and lot No "22" on

Griswold Street as above stated) to my four (4) children

divided equally between them, share and share alike

deducting therefrom what each one of them has formerly

received from their share or portion thereof

Third I do hereby order and direct that my Executors

herein appointed shall hold in trust my daughter

Mary's share or portion of my estate (only during her (now)

husbands natural life) and pay her during said life)

annually the net income and profits thereof and

after her (Mary's) natural deceased, her (Mary's) share or

portion of my Estate shall be equally divided between

her husband and her children.

Fourth I do hereby nominate and appoint my daughter

Lydia Jane Blanchard to be the Trustee for my daughter

Mary for a legacy of One Thousand dollars ($1000) in

U.S. Bonds given by my father to me to be held by me

and appointed me to be the Trustee for said legacy

and all the income and profits thereof shall be given

annually to my daughter Mary to be for her individual

use for herself and her children of her body.

Fifth I do hereby declare that I shall deprive any of my

heirs or their children of their share of my estate who

will undertake to break by law this my last Will and

Testament and I advise my my heirs not to urge the sale

of my portion of the real estate situated near the City of

Indianapolis (as it must increase in value) except a division

meets their approval and thereby no disadvantage of

less occurring therefrom.

And lastly I do hereby nominate and appoint

my son Francis Asbury Blanchard and my daughter

Lydia Jane Blanchard to be the Executors of this my

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6

William Williams Blanchard's Will

last Will and Testament, hereby revoking all former

Wills by me made.

In Witness whereof I have hereunto set my hand

and seal this Nineteenth day of March in the year of our

Lord one thousand eight hundred and eighty three.

William Williams Blanchard [LS]

The above instrument, consisting of one sheet, was at the date

thereof signed, sealed, pubished and declared by the said

William Williams Blanchard as, and for his last Will and

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

presence, and in the presence of each other have subscribed

our names as witnesses thereto

Christopher F. Graff residing at Delaware in Delaware Co State of Ohio

John W. Pfiffner residing at Delaware in Delaware Co State of Ohio


Probate of Will

The State of Ohio} Probate Court

Delaware County } SS

Personally appeared in open Court Christopher

F Graff and John W Pfiffner the subscribing witnesses to the last

Will and Testament of William Williams Blanchard deceased

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

whole truth and nothing but the truth in relation to the

execution of said Will, depose and say, that the paper before

them purporting to be the last Will and Testament of William

Williams Blanchard now deceased that they were present at the execution

of said Will, at the request of the Testater subscribed their names

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

William Williams Blanchard deceased sign and seal said

Will, and Testament that the said William Williams Blanchard

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

of legal age & of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever.

Christopher F. Graff

John W. Pfiffner

Sworn to and subscribed in open Court this 8th day of

December A.D. 1883

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 67)

[page 67]

[corresponds to page 7 of Delaware county Will Records Vol. 7 1883-1887]


7

Pictin D. Hillyer's Will


December 18th 1883

Journal Entry

In the matter of the Will of} In Probate Court of Delaware County Ohio

Pictin D. Hillyer, deceased }

The last Will and Testament of Pictin

D. Hillyer late of Delaware County Ohio deceased, having been

presented for probate, thereupon said Will was duly proven by the

oaths of Henry J. Eaton and Cecilia D. Alexander subscribing

witnesses to said Will who were duly sworn and examined

in open Court and their testimony reduced to writing and

filed and it appearing to the Court from the testimony of

said witnesses that such Will was duly attested and executed

and that the Testator at the time of executing the same

was of full age and of sound mind and memory and

not under any restraint, it is now here ordered that said

Will be admitted to probate and filed and the same together

with the testimony so taken and reduced to writing as afore-

said be recorded. Also at the same time personally appeared

in open Court Mary S. Hillyer widow of Pictin D. Hillyer deceased

and made known therein her election to take under the provisions

of the Will of her said deceased husband, Whereupon the Court

explained to her the provisions of said Will and her rights under

it also her rights under the law and she declared herself

satisfied with the provisions of said Will and asked that her

election to take under said Will might be entered upon

the Journal of this Court which is accordingly done.

Rufus Carpenter

Probate Judge

Copy of Will

I, Pictin D. Hillyer of the City of Delaware County of

Delaware and State of Ohio being about Seventy-three

years of age, and being of sound and disposing mind

and memory, do make, publish and declare this my

last Will and Testament hereby revoking and making null

and void all other last Wills and Testaments by me

made heretofore:

First My Will is that all my just debts and funeral

expenses shall be paid out of my estate as soon after

my decease as shall be found convenient.

Second I give, devise and bequeath to my beloved wife Mrs

Mary Sweetser Hillyer all the property of which I may be

the owner or have any interest in at my decease, in

whatsoever from the same may then be in, whether in

money, notes, accounts, personal estate, real estate, mixed

or any other form whatsoever, I give it all to her to have

the sole and absolute ownership thereof the same as

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 68)

[page 68]

[corresponds to page 8 of Delaware county Will Records Vol. 7 1883-1887]


8

Pictin D. Hillyer's Will


have whilst living, the real estate in full fee simple,

with the same power to sell and convey at her pleasure that

I have; And I do here appoint her, my said wife Sole executor

of this my last Will and Testament and request that

she may not be required to give any bond, and that she

be not required to return to the Probate Court any inventory

or appraisement of my estate, or make any sales thereof or

of any part thereof.

In testimony whereof, I have set my hand to this

my last Will and Testament at my residence in said City

this winter day of February in the year of our Lord one

Thousand, eight hundred and eighty three

Pictin D. Hillyer {Seal}

The foregoing instrument was signed by the said Pictin D. Hillyer

in our presence and by him published and declared as, and

for his last Will and Testament, and at his request, and in

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

subscribe our names as attesting witnesses, at the City of

Delaware Ohio this winter day of February A.D. 1883

Cecelia D Alexander resides at the City of Delaware Ohio

Henry J Eaton resides at the City of Delaware Ohio

Probate Court

State of Ohio }

Delaware County} SS

Probate of the last Will of Pictin D. Hillyer deceased

presented on the 18th day of December A.D. 1883

Personally appeared in open Court Cecelia D. Alex

ander one of the subscribing witnesses of the last Will and

Testament of Pictin D. Hillyer deceased, who being duly

sworn according to law to speak the truth, the whole truth

and nothing but the truth, in relation to the execution

of said Will deposes and saith that she was present at

the making of said Will, and at the request of the deceased

subscribed to said will, as a witness thereto, in the presence of

the deceased, and of Henry J Eaton, the other subscribing

witness: that she saw the said Pictin D. Hillyer deceased

sign and seal said Will and heard him acknowledge the

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

D. Hillyer was at the time of making, signing and sealing

said Will of legal age and of sound and disposing mind

and memory and under no undue or unlawful restraint

whatever: and that said Testater is now dead

Cecelia D. Alexander

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 69)

[page 69]

[corresponds to page 9 of Delaware county Will Records Vol. 7 1883-1887]


9

Pictin D. Hillyer's Will

And on said day also, appeared Henry J. Eaton

another of the subscribing witnesses of the last Will and

Testament of Pictin D. Hillyer deceased, who being duly

sworn according to law to speak the truth, the whole

truth, and nothing but the truth, in relation to the execu

tion of said Will deposes and saith that he was present

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

deceased, subscribed to said Will as a witness thereto, in the

presence of the deceased, and of Cecelia D. Alexander

the other subscribing witness: that he saw the said Pictin

D. Hillyer deceased, sign and seal said Will and

heard him acknowledge the same to be his last Will and

Testament that the said Pictin D. Hillyer was, at the

time of making, signing and sealing said Will of

legal age and of sound and disposing mind

and memory, and under no undue or unlawful

restraint whatever: and that said Testator is now dead

Henry J. Eaton

Signed in open Court and sworn

to this 18th day of December A.D. 1883

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 70)

[page 70]

[corresponds to page 10 of Delaware county Will Records Vol. 7 1883-1887]


10

Valentine Martin's Will

December 31st 1883

Journal Entry

In the matter of the Will of }

Valentine Martin deceased }

This day an instrument of writing

purporting to be the last Will and Testament of Valentine Martin

late of Oxford Township in this County deceased was produced

in open Court for probate and it appearing to the Court that the

said Will had not been deposited in this Court before the death

of the Testater, it is now ordered that the said Will be filed

in this Court and that due notice thereof and of the applica-

tion to admit the same to probate and record be given by Sabeers

Martin to Benjamin Martin, Nehemiah Martin and James

Martin next of kin of the Testater resident of the State of Ohio

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

5th day of January A.D. 1884 at 10 oclock a.m.

Rufus Carpenter

Probate Judge

Januray 5" 1884

Journal Entry

Be it remembered that heretofore to wit: on the 31st

day of Decem-

ber A.D. 1883 an instrument of writing purporting to be the

last Will and Testament of Valentine Martin late of Oxford

Township this County deceased was produced in open Court

for probate and was then filed And it now being shown to

the satisfaction of the Court that due notice of the filing

of said Will and of the application to admit the same to

probate and record in the Court has been given to Benjamin

Martin, Nehemiah Martin, Sabeers Martin and James W. Martin

next of kin of the Testater pursuant to a former order of this Court

therefore on this day came W.S. Slack and J. T. Livingston the

subscribing witnesses to said Will who being duly qualified testi-

fied to the due execution and attestation of said Will which

testimony was reduced to writing by them respectively subscribed

and filed with said Will. Whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testament

of said Valentine Martin deceased that the same was duly

executed and attested: that the said Testater at the time of

signing the same was of lawful age, of sound and disposing

mind and memory and under no undue or unlawful re-

straint whatsoever. It is therefore by the Court ordered that the

said Will be admitted to probate and that the same together

with the testimony of the witnesses above named, be entered of

record in this Court.

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 71)

[page 71]

[corresponds to page 11 of Delaware county Will Records Vol. 7 1883-1887]


11

Valentine Martin's Will

Copy of Will

In the name of the Benevolent Father of All;

I Valentine

Martin of Delaware County and State of Ohio do make

and publish this my last Will and Testament

Item 1st It is my will that my just debts and funeral

expenses and all charges be paid out of my estate

Item 2nd I do hereby nominate and appoint Sabeers Martin

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 the farm on which

I now reside containing one hundred and forty one acres

of land more or less to Ennas Martin at Sixty Dollars

per acre and deeds to purchase to execute, acknowledge

and deliver in fee simple.

Item 3rd I give devise to my (4) Brothers namely Benjamin

Martin, Nehemiah Martin, Sabeers Martin and James W.

Martin equal shares of the proceeds of the sale of the

farm on which I now reside situated in Oxford Township

Delaware County Ohio and also equal shares of the farm

that I sold to Benjamin Martin situated in Oxford Township

Delaware County Ohio

Item 4th I desire that no appraisement and no sale of my

personal property be made, and that the Court of Probate

direct they comission the same.

In testimony hereof I have hereunto set my hand

and seal this nineteenth day of November in the year

1883.

Valentine Martin {seal}

Signed and acknowledged by said Valentine

Martin as his last Will and Testament; in our presence

and signed by us in his presence

W. S. Slack

J. T. Livingston

Probate Court

State of Ohio }

Delaware County} SS

Probate of the last Will of Valentine

Martin deceased presented on the 31st day of December A.D. 1883

Personally appeared in open Court W. S. Slack one of

the subscribing witnesses of the last Will and Testament

of Valentine Martin deceased, who being duly sworn ac-

cording to law to speak the truth, the whole truth and

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 72)

[page 72]

[corresponds to page 12 of Delaware county Will Records Vol. 7 1883-1887]


12

Valentine Martin's Will

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

deposes and saith that he was present at the making of said

Will, and at the request of the deceased, subscribed to said Will

as a witness thereto, in the presence of the deceased and of

J.T. Livingston the other subscribing witness, that he was the

said Valentine Martin deceased, sign and seal said Will and

heard him acknowledge the same to be his last Will and

Testament that the said Valentine Martin was, at the

time of making, signing and sealing said Will and heard

him acknowledge the same to be his last Will and Testament

that the said Valentine Martin was, at the time of making

signing and sealing said Will, of legal age, and of sound

and disposing mind and memory, and under no undue

or unlawful restraint whatsoever: and that the Testater is now

dead

W. S. Slack

And on said day also appeared J. T. Livingston another of

the subscribing witnesses of the last Will and Testament of

Valentine Martin deceased who being duly sworn accor

ding to law to speak the truth, the whole truth and

nothing but the truth in relation to the execution of said

Will deposes and says he was present at the making of

said Will and at the request of the deceased subscribed to

said Will, as a witness thereto in the presence of the deceased

and of W. S. Slack the other subscribing witness: that he saw

the said Valentine Martin deceased, sign and seal said Will

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

Testament that the said Valentine Martin was, at the time

of making signing and sealing said Will of legal age and of sound

and disposing mind and memory and under no undue

or unlawful restraint whatever: and that said Testater is

now dead

J. T. Livingston

Signed in open Court; and sworn to this 5th day of January

A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 73)

[page 73]

[corresponds to page 13 of Delaware county Will Records Vol. 7 1883-1887]


13

Mary J. White's Will

In the matter of the Will }

of Mary J. White deceased }

This day an instrument of writing

purporting to be the last Will and Testament of Mary J. White

late of Delaware Township in the County deceased was produced

in open Court for Probate and it appearing to the Court that

the said Will had not been deposited in this Court before the

death of the Testatrix, it is now ordered that the said Will be

filed in this Court. At the same time came Boaz Jackson and

Chesterfield Jackson next of kin of the Testatrix resident of the

State of Ohio who appeared in open Court: Therefore on this day

came Mrs. A. Baldridge and C. B. Austin the subscribing witness

es to said Will who being duly qualified testified to the due

execution and attestation of said Will which testimony was

reduced to writing by them respectively subscribed and filed with

said will Whereupon the Court find that the aforesaid instrument

of writing is the last Will and Testament of said Mary J. White

deceased that the same was duly executed and attested

that the said Testater at the time of signing the same was of

lawful age of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever

It is therefore by the Court ordered that the said Will be

admitted to probate and that the same together with the

testimony of the witness above named be entered of record

in this Court

Rufus Carpenter

Probate Judge

Copy of Will

This is to certify that I, Mary J. White do on this day October

30th 1883 make certain requests, and that in case of my death

they may be particularly attended to

My trunk and all it contains, I give to my sister-in-law

Sarah Jane Jackson, her home being in Summerton Belmont

County Ohio My Sewing Machine to be given to her eldest

daughter Chloe

My Watch and chain to be given to another daughter of

the same, named Laura Jackson

My feather bed tick and two pillows to be given to Luther A

Jackson

To my friend Mrs. Mary E. Williams my bed linen, smothering irons

and ornaments which are now in her possession. The feather

bed tick and pillows which are to be given to Luther A. Jackson

are in Mrs. Mary E. Williams charge.

Mary J. White

Mrs. A Baldridge }

C. B. Austin } Witnesses

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 74)

[page 74]

[corresponds to page 14 of Delaware county Will Records Vol. 7 1883-1887]


14

Mary J. White's Will

The State of Ohio}

Delaware County } Probate Court

Probate of the last Will of Mary J. White deceased

presented on the 28th day of January A.D. 1884

Personally appeared in open Court C. B. Austin one of the

subscribing witnesses of the last Will and Testament of Mary J.

White deceased, who being duly sworn according to law to speak

the truth the whole truth and nothing but the truth in relation

to the execution of said Will deposes and says that he was present

at the making of said Will and at the request of the deceased

subscribed to said Will as a witness thereto, in the presence of

the deceased and of Mrs. A. Baldridge the other subscribing

witness, that he saw the said Mary J. White deceased, sign and

seal said Will and heard her acknowledge the same to be her

last Will and Testament that the said Mary J. White was at

the time of making, signing and sealing said Will, of legal age

and of sound and disposing mind and memory, and under no

undue or unlawful restraint whatever: and that said Testater is

now dead

C. B. Austin

And on the same day also appeared Mrs. A. Baldridge another

of the subscribing witnesses of the last Will and Testament of Mary

J. White deceased who being duly sworn according to law to speak

the truth the whole truth and nothing but the truth in relation

to the execution of said Will deposes and says that she was present

at the making of said Will, and at the request of the deceased

subscribed to said Will as a witness thereto, in the presence of the

deceased and of C.B. Austin the other subscribing witness: that

she saw the said Mary J. White, deceased sign and seal said Will

and heard her acknowledge the same to be her last Will and

Testament that the same Mary J. White was at the time of making

signing and sealing said Will, of legal age, and of sound and

disposing mind and memory and under no undue or unlawful

restraint whatever: and that said Testater is now dead.

Mrs A Baldridge

Signed in open Court, and sworn to this 28th day of January 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 75)

[page 75]

[corresponds to page 15 of Delaware county Will Records Vol. 7 1883-1887]


15

John Jones' Will

In the matter of the Will} In Probate Court of Delaware County Ohio

of John Jones deceased }

This day an instrument of writing

purporting to be the last Will and Testament of John Jones

late of Concord Township in this County deceased was

produced in open Court for Probate and it appearing to the

Court that the said Will had not been deposited in this

Court before the death of the Testator, it is now ordered that the

said Will be filed in this Court and that due notice thereof

and of the application to admit the same to probate and

record be given by Losson Jones to Mary E. Jones widow, Mary

Wilcox, Hiram Jones, Delilah Fish, Perry Jones, John H. Jones,

Marion Jones Anginette Jones, William G. Jones, Elliner E. Jones

Missouri B. Jones, Winnie E. Jones and Fredrick J. Jones next

of kin of the Testator resident of the State of Ohio that said

application will be for hearing before this County on the 26th day of

January A.D. 1884 at 10 oclock A.M. to which time this matter

is continued

Rufus Carpenter

Probate Judge


January 26th 1884

In the matter of the Will }

of John Jones deceased }

Be it remembered that heretofore on the 22nd

day of January A.D. 1884 an instrument of writing purporting to be

the last Will and Testament of John Jones late of Concord Township

this County deceased was produced in open Court for Probate

and was then filed. And it now being shown to the satisfaction

of the Court that due notice of the filing of said Will and of the

application to admit the same to probate and record in this

Court has been given to Mary E. Jones widow of said decedent

and Mary A. Wilcox, Hiram Jones, Delila Fish Perry Jones,

John H. Jones, Marion Jones, Angenette Jones Wiliam G. Jones

Elmer E. Jones, Missouri B. Jones, Winnie E. Jones, Fredrick

J. Jones and Losson Jones next of kin of the Testator pursuant

to a former order of this Court, therefore on this day came

Andrew Bean and J. T. Hutchison the subscribing witnesses

to said Will who being duly qualified testified to the due

execution and attestation of said Will which testimony was

reduced to writing by them respectively subscribed and filed

with said Will Whereupon the Court finds that the aforesaid

instrument of writing is the last will and testament of said

John Jones deceased, that the said Testator at the time of

signing the same was of lawful age of sound and dis-

posing mind and memory and under no undue or un-

lawful restraint whatsoever. It is therefore by the Court ordered

the said will be admitted to probate and that the same together

with the testimony of the witnesses above named be entered of record

in this Court

Rufus Carpenter Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 76)

[page 76]

[corresponds to page 16 of Delaware county Will Records Vol. 7 1883-1887]


16

John Jones' Will

Copy of Will


In the name of the Benevolent Father of All, I, John Jones

of Belle Point Delaware County Ohio do make and publish

this my last Will and testament:

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

the farm on which we now reside situated in Concord Town-

ship, Delaware County Ohio containing about Thirty acres

during her natural life, and all the Stock Household goods

Furniture, Possessions and other goods and chattels which

may be thereon, at the time of my decease during her natural

life as aforesaid if however it becomes necessary to sell any por-

tion of said farm to pay my just debts, I desire it to be lot North

of Mill creek. At the death of my said wife if that should

occur before the youngest of my children becomes of age I desire

the farm to be rented and the proceeds applied for the use

of said minor children until they said children become of

age, at which time I desire what remains of all my estate

real or personal to be divided equally between all of my children

or their heirs that may be living at that time.

Item 2d I do hereby nominate and appoint my beloved wife guardian

of my minor children viz. William G. Jones Eliner E. Jones

Missouri B Jones, Winnie E. Jones and Fredrick J. Jones I hereby en-

join upon my beloved wife as guardian of my children to give

them what education she may be able, to rear them to habits

of industry and in culcate upon them as far as may be

Christian faith and charity

Item 3rd I do hereby nominate and appoint my son Losson Jones

Executor of this my last Will and Testament hereby authorizing

and empowering him to compromise, release and discharge in

such manner as he may deem propper the debts and claims

due me I desire him also to pay my son William G. Jones the

sum of One hundred dollars due him from me as soon as

convenient. I do also authorize and empower him if necessary

to pay my just debts to sell the aforesaid mentioned lot lying

north of Mill crick at private sale or in such manner as he

may think proper. I desire that no appraisement and no sale

of my personal property be made and that the Court of Probate

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

I do hereby revoke all former wills made by me

In testimony hereof I have hereunto set my hand and

seal this 12th day of February in the year 1882

John Jones {seal}

Signed and acknowledged by said John Jones as his last

Will and Testament in our presence and sigined by us in his

presence

Andrew Bean

J.T. Hutchison

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 77)

[page 77]

[corresponds to page 17 of Delaware county Will Records Vol. 7 1883-1887]


17

John Jones' Will

Probate of Will

The State of Ohio} In Probate Court

Delaware County }SS

Personally appeared in open Court J.T.

Hutchison and Andrew Bean the subscribing witnesses

to said last Will and Testament of John Jones late of

Concord Township in said Delaware County deceased, who

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

truth and nothing but the truth in relation to the execution of

said Will, depose and say: that the paper before them bearing

date the 12th day of February A.D. 1882 purporting to be the last

Will and Testament of John Jones now deceased is the Will of

said deceased John Jones that they were present at the execution

of said Will, and at the request of the Testator respectively sub-

scribed their names to the same as witnesses, in his presence; that

they saw the said John Jones deceased sign and seal said

Will and heard him acknowledge the same to be his last

Will and Testament, and that the said John Jones at the

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

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

Andrew Bean

J.T. Hutchison

Sworn to and subscribed by said witnesses in open Court, this 26th

day of January A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 78)

[page 78]

[corresponds to page 18 of Delaware county Will Records Vol. 7 1883-1887]


18

John G. Curry's Will

December 31st 1883.

In the matter of the Will }

of John G. Curry deceased }

This day an instrument of writing

purporting to be the last Will and Testament of John G.

Curry late of Thompson Township in the County deceased

was produced in open Court for probate and it appearing

to the Court that the said Will had not been deposited in

this Court before the death of the Testator, it is now ordered

that the said Will be filed in this Court and that due

notice thereof and of the application to admit the same

to probate and record be given by Elizabeth Curry to John

W. Curry, Elisa J. Lavender, James C. Curry, Sarah O. Love, ^Mary A. Fields

Charles Frank and Libbie Frank next of kin of the

Testator resident of the State of Ohio that said applica-

tion will be for hearing before this Court on the 10' day of

January A.D. 1884 at 10 o'clock A.M. to which time this

matter is continued

Rufus Carpenter

Probatge Judge

January 10' 1884

In the matter of the Will }

of John G. Curry deceased }

Be it remembered that heretofore

on the 31st day of December A.D. 1883 an instrument of

writing purporting to be the last Will and Testament of John

G. Curry late of Thompson Township in this County deceased

was produced in open court for probate and was then filed

And it now being shown to the satisfaction of this Court that

due notice of the filing of said Will and of the application to

admit the same to probate and record in this Court has been

given to Elizabeth Curry, John W. Curry, Eliza J. Lavender, James

H. Curry, Sarah E. Love, Mary A. Fields and Charles Frank

next of kin of the Testator pursuant to a former order of this

Court therefore on this day came Emanuel Hite one of the

subscribing witnesses to said Will, who being duly sworn testified

to the due execution and attestation of said Will, which

testimony was reduced to writing by him subscribed and

filed with said Will, J.A. Maize the other subscribing witness

to said will having died the signature of the said J.A. Maize

was duly proven by the oaths of J.G. Hill and John Bur-

gan whose testimony was reduced to writing and filed with

said Will. Whereupon the aforesaid instrument of writing is the

last Will and Testament of said John G. Curry deceased

that the same was duly executed and attested that the

said Testator at the time of signing the same was of lawful

age of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

It is there fore by the Court ordered that the said Will be

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 79)

[page 79]

[corresponds to page 19 of Delaware county Will Records Vol. 7 1883-1887]


19

John G. Curry's Will

to probate and that the same together with the

testimony of the witnesses above named be entered of

record in this Court. At the same time came Elizabeth

Curry widow of John G. Curry and her rights under the

law being explained to her, also her rights under the will of her

late husband being made known to her, she did then in open

Court elect to take under the Will of her late husband and

not under the law, and asks that the same may be entered

upon the records of this Court which is accordingly done

Rufus Carpenter

Probate Judge

Copy of Will

Thompson Township Delaware County Ohio March 25' 1882

My last Will and Testament is as follows:

I will my property both personal and real to my wife

Elizabeth while she lives or remains my widow on the

following terms, She is to pay the tax up regular and pay

my debts. Dr bills, funeral expenses &c and at her

death the property to be divided equal among my four

heirs John W. Curry, Eliza J. Lavender, James H. Curry and

Sarah E. Love, by dividing or selling and dividing the

money as they may agree, by paying my three grand-

children the following sums: Mary A. Fields One hundred

dollars, Charles Frank one hundred dollars and Libbi

twenty-five dollars if she can be found.

John W. is in debt to the estate which is to be taken out of

his share. There is writing to show the amount and

the estate is in debt to James H. which he is to be paid

over and above his equal quota, He has writing to show

the amount. And I want James to farm the place on

the same terms he has been farming it before. He is to farm

in farmer like manner and to satisfy his mother as

near as he can and if there should be a surpliss over

and above what she needs for her sustainance it is to

be used in improving the place fixing the fences &c

It is my wish for James to own the home place if he

can satisfy the othr heirs

Given under my hand the day and year

above written

John G. Curry

Emanuel Hite

J.A. Maize

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 80)

[page 80]

[corresponds to page 20 of Delaware County Will Records Vol. 7 1883-1887]


20

John G. Curry's Will

Proof of Signature of Witness to Will

The State of Ohio }

Delaware County }SS

J.G. Hill being duly sworn says that he

was well acquainted with James A Maize who is now deceased

that he was well acquainted with the hand writing of the

said J.A. Maize having often seen him write, that the signa-

ture of J.A. Maize as subscribing witness to the last Will and

Testament of John G. Curry, deceased, is in the own proper

hand writing and signature of the said J.A. Maize who at

the date of said Will was in full life and resided in

Thompson Township in said County

J. G. Hill

Sworn to before me and subscribed in my presence this

10th day of January A.D. 1884

Rufus Carpenter

Probate Judge

The State of Ohio }

Delaware County } SS

John Burgan being duly sworn says

that he was well acquainted with the hand writing of the

said J.A. Maize having often seen him write that the

signature J.A. Maize as subscribing witness to the last Will

and Testament of John G. Curry deceased is in the own

proper hand writing and signature of the said J.A. Maize

who at the date of said Will was in full life and

resided in Thompson Township in said County

John Burgan

Sworn to before me and subscribed in my presence this

10th day of January A.D. 1884

Rufus Carpenter

Probate Judge


Probate of Will

State of Ohio } Probate Court

Delaware County} SS

Probate of the last Will of John G. Curry deceased

presented on the 31st day of December A.D. 1883.

Personally appeared in open Court Emanuel Hite one of the

subscribing witnesses of the last Will and Testament of John G.

Curry deceased who being duly sworn according to law

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

truth in relation to the execution of said Will deposes and

says that he was present at the making of said Will and

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 81)

[page 81]

[corresponds to page 21 of Delaware County Will Records Vol. 7 1883-1887]


21

John G. Curry's Will

at the request of the Testator subscribed to said Will as

a witness thererto in the presence of the deceased. That he

saw the said John G. Curry deceased sign and seal said

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

Will and Testament that the said John G. Curry was, at

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

legal age, and of sound and disposing mind and

memory and under no undue or unlawful restraint

whatever: and that said Testator is now dead

Emanuel Hite

Signed in open Court this 10th day of January 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 82)

[page 82]

corresponds to page 22 of Delaware County Will Records Vol. 7 1883-1887]


22

Benjamin Powers Will

January 12th 1884

In the Probate Court of Delaware Co O

In the matter of the Will of}

Benjamin Powers deceased }

This day an instrument of

Writing purporting to be the last Will and Testament

of Benjamin Powers late of Delaware Township in this

County deceased was produced in open Court for probate

and it appearing to the Court that said will had not

been deposited in this Court before the death of the Testator

it is now ordered that the said Will be filed in this Court

and that due notice thereof and of the application to admit

the same to probate and record be given by Henry V.

Powers & Elizabeth Powers widow Maria E. Dunlap

daughter and George W. Powers son, and next of the

Testator resident of the state of Ohio that said applica-

tion will be for hearing before this Court on the 15th day of

January A.D. 1884 at 2 o'clock P.M.

Rufus Carpenter

Probate Judge.

January 15th 1884

Benjamin Powers Will

In the matter of the Will of }

Benjamin Powers deceased }

Be it remembered that heretofore

to wit, on the 12th day of January A.D. 1884 an instrument

of writing purporting to be the last Will and Testament of

Benjamin Powers late of Delaware Township in this County

deceased was produced in open Court for probate and

was then filed And it now being shown to the satisfaction

of the Court that due notice of the filing of said Will and

of the application to admit the same to probate and

record in this Court has been given to Elizabeth Powers Elizabeth

Dunlap, Henry V. Powers and George W. Powers next of kin

of the Testator pursuant to a former order of this Court

Thereupon this day came J. Hipple one of the subscribing

witnesses to said Will who being duly qualified testified to

the due execution and attestation of said Will which tes-

timony was reduced to writing by him subscribed and filed

herein with said Will Fredrick M. Joy the other subscribing

witness having died the signature of the said Fredrick

M. Joy was duly proven by the oaths of Frank Kauffman

and W.A. Hall whose testimony was reduced to writing and

filed with said Will Whereupon the Court finds that the

aforesaid instrument of writing is the last will and Testa-

ment of Benjamin Powers deceased that the same was

duly executed and attested that the said Testator at

the time of signing the same was of legal age of sound

and disposing mind and memory and under no undue

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 83)

[page 83]

corresponds to page 23 of Delaware County Will Records Vol. 7 1883-1887]


23

Benjamin Powers Will

or unlawful restraint whatever. It is therefore by the

Court ordered that the said Will be admitted to probate

and that the same together with the testimony of the

witnesses above named be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of all, I Benja-

min Powers of the City of Delaware in the County of

Delaware State of Ohio, do make and publish this

my last Will and Testament

Item 1st I give and devise to my beloved wife Elizabeth

Powers the house and lot where I now reside to wit

Situate on the North side of Winter Street between

Franklin and Washington Streets in the city of Dela-

ware and County of Delaware and State of Ohio

together with all the household goods and furniture

therein except my Library. Also Eighty Shares of Stock in

the Delaware County National Bank of Delaware

Ohio All of the property in Item 1st mentioned above to

be hers absolutely and being in lieu of her dower, the

Library excepted

Item 2nd I give and devise to my son George W. Powers the

Store house and lot and the ground attached

and connected therewith on the north owned by me-

the whole being situated on the east side of Sandusky

Street between Winter and William Street in said City

of Delaware. Also Twenty Shares of Stock in the Delaware

County National Bank of Delaware Ohio. Also my

Library

Item 3rd I give and devise to my son Henry V. Powers my

farm containing about One hundred and two acres

of land, known as the "Collins Farm' situate in Del

aware Township, Delaware County ohio

Item 4th I give and devise to my sons George W. and Henry

V. Powers as Trustees and in trust for the use and

benefit of my daughter Elizabeth Dunlap and her

children the house and lot on which she now

resides situated on the north side of Winter Street in said

City of Delaware Ohio Also Forty Shares of Stock in the

First National Bank of Delaware in said city

Also any and all accounts or charges I may have

against her for advancements made to her, I having

made advancements to her from time to time to the a-

mount of about Three Thousand three hundred dollars

And I hereby authorize and empower said Trustees

to sell or dispose of any of the Real Estate or Bank

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 84)

[page 84]

corresponds to page 24 of Delaware County Will Records Vol. 7 1883-1887]


24

Benjamin Powers Will

Stock and to make proper deeds of conveyance of the same

if it shall become necessary for the support of her and her

children.

Item 5th The remainder of my Real Estate and Personal Prop-

erty of every discription to be sold by the Executors and

after paying my just debts I give and devise to my

two sons George W. and Henry V. Powers to be divided

equally between them

Item 6th I do hereby nominate and appoint my sons George

W. and Henry V. Powers Executors of this my Last Will

and Testament hereby authorizing and empowering them

to sell or dispose of any of the Real Estate or Personal

Property authorized by them to be sold in this Will at

private or public sale as they shall deem best and to

make, execute and deliver sufficient deeds for the same

conveying the title thereto

I desire that no bond be required of my Executors

and that no appraisement of my property be made

and that the Court of Probate direct the omission of

the same in pursuance of the Statute

The interlinations vis "Except my Library" in 1st Item

and the erasure in the third line from the bottom of

said Item were made before the signing of this Will

I do hereby revoke all former Wills by me made

In testimony whereof I have here-

unto set my hand and seal this Twenty-first day of April

in the year A.D. 1875

Signed and acknowledged } B. Powers {Seal}

by said Benjamin Powers as his}

last Will and Testament in }

our presence and signed by }

us in his presence }

J. Hipple

Fredrick M. Joy

6 July 1876 I having exchanged my Stock of 100 shares in the

Delaware County National Bank for 100 shares in the 1st Nat

Bank of Delaware O instead of 80 shares willed to my wife

in the Del Co Bank in above named change it to the 1st

Nat Bank also 20 Shares to G. W. Powers changed to the

1st Nat Bank also my Library given to Henry V. Powers

instead of G. W. Powers

B. Powers

I have agreed to advance to G.W. Powers Twenty five hundred

dollars to assist him in building his house instead of the within

named Stock also to pay him in addition $500 in my note on

Bank

Del Sept 10th 1878

B Powers

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 85)

[page 85]

corresponds to page 25 of Delaware County Will Records Vol. 7 1883-1887]


25

Benjamin Powers Will

State of Ohio } Probate Court

Delaware County} SS

Probate of the last Will and Testament

of Benjamin Powers deceased, presented, on the 12th day

of January A.D. 1884

J S Kirk Personally appeared in open Court J.J. Hipple

one of the subscribing witnesses of the last Will and

Testament of Benjamin Powers deceased who being duly

sworn according to law to speak the truth the whole truth

and nothing but the truth in relation to the execution

of said Will, deposes and says that he was present at the

making of said Will, and at the request of the deceased

subscribed to said Will, as a witness thereto, in the presence

of the deceased and of Fredrick M. Joy the other sub-

scribing witness, who is now deceased. that he saw the said

Benjamin Powers deceased sign and seal said Will

and heard him acknowledge the same to be his last

Will and Testament that the said Benjamin Powers

was at the time of making, signing and sealing said

Will of legal age, and of sound and disposing

mind and memory, and under no undue or unlaw-

ful restraint whatever; and that said Testator is now

dead

J. Hipple

Proof of signature of Witness to Will

The State of Ohio }

Delaware County } SS

Frank Rauffman being duly sworn

says that he was well acquainted with Fredrick M. Joy

who is now deceased, that he was well acquainted with

the hand writing of the said Fredrick M. Joy, having often

seen him write, that the signature Fredrick M. Joy as

subscribing witness to the last Will and Testament

of Benjamin Powers deceased, is in the own proper

hand writing and signature of the said Fredrick M.

Joy who at the date of said Will was in full life

and reside in Delaware City in said County

Frank A. Rauffman

Sworn to before me and subscribed in my presence this

15th day of January A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 86)

[page 86]

corresponds to page 26 of Delaware County Will Records Vol. 7 1883-1887]


86

Benjamin Powers Will

Proof of Signature of Witness to Will

The State of Ohio }

Delaware Ohio } SS

W. A. Hall being duly sworn says that

he was well acquainted with Fredrick M. Joy who is now

deceased that he was well acquainted with the hand

writing of the said Fredrick M. Joy having often seen him

write that the signature, Fredrick M. Joy as subscribing witness

to the last Will and testament of Benjamin Powers deceased

is in the own proper hand writing and signature of the said

Fredrick M. Joy who at the date of said Will was in full

life and resided at Delaware City in said County

W.A. Hall

Sworn to before me and subscribed in my presence this 15th

day of January A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 87)

[page 87]

[corresponds to page 27 of Delaware County Will Records Vol. 7 1883-1887]


27

Fredrick Ellmakers Will

March 15th 1884

In the Matter of the Will of }

Fredrick Ellmaker deceased }

A paper purporting to be the last

Will and Testament of Fredrick Ellmaker of Marlborough Town-

ship in this County, deceased, having heretofore been deposited in

this Court, it is now ordered that said Will be filed in this Court

and that due notice thereof and of the application to admit

the same to probate and record be given by Malinda Ellmaker

to Mary Eliza Ellmaker Bertin F. Redmond, Gertie May Redmond

Raymond Redmond and Nellie Virnie Redmond next of

kin of the Testator resident of the State of Ohio that said

application will be for hearing before this Court on the 22nd day

of March A.D. 1884 to which time this matter is continued

Rufus Carpenter

Probate Judge

March 22nd 1884

Be it remembered: That heretofore to wit: on

the 15th day of March A.D. 1884 an instrument of writing

purporting to be the Last Will and Testament of Fredrick

Ellmaker late of Marlborough Township this County deceased, was

produced in open Court for probate and was then filed

And it now being shown to the satisfaction of the Court that

due notice of the filing of said Will and of the application

to admit the same to probate and record in this Court has

been given to Malinda Ellmaker, Mary Eliza Ellmaker, Bertin

F. Redmond, Gertie May Redmond, Raymond Redmond

and Nellie V. Redmond next of kin of the Testator pursu-

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

James Hardin, Lewis W. Davis and Henry Ashbrook the sub-

scribing witnesses to said Will who being qualified testified to

the due execution and attestation of said Will. Whereupon

the Court finds that the aforesaid instrument of writing is

the last Will and Testament of said Fredrick Ellmaker

deceased that the Testator at the time of signing the same

was of lawful age of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever It is therefore by the Court ordered that

the said will be admitted to probate and that the

same together with the testimony of the witnesses above

named be entered of record in this Court

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 88)

[page 88]

corresponds to page 28 of Delaware county Will Records Vol. 7 1883-1887]


28

Fredrick Ellmaker's Will

The Last Will and Testament of Fredrick Ellmaker

I, Fredrick Ellmaker do hereby give and bequeath to Ma-

linda Ellmaker, my beloved and faithful wife, all my

Real Estate and personal property after all my debts

are paid, to be hers as long as she remains my widow

and after her death, or when she she ceases to be my

widow, then my real and personal property to be divided

as follows: The property to be sold, and Alvina Jane

Redmond, my oldest daughters four children vis Bertin

F. Redmond, Gertie May Redmond, Raymond Redmond

and Nellie Virnie Redmond to have each fifty ($50) dollars

as their own. and the balance to belong to Mary Eliza

Ellmaker, my youngest daughter

And I do hereby appoint Elias G. Stockman

as my Executor to carry this my last Will and Testament

into effect

Frederic Ellmaker

Signed and sealed this 5th day of

January 1884 in presence of

Lewis W. Davis}

Henry Ashbrook} Witnesses

James Hardin }


Probate of Will

The State of Ohio } In Probate Court

Delaware County } SS

Personally appeared in open Court Lewis

W. Davis Henry Ashbrook and James Hardin the subscribing

Witness to the last Will and Testament of Fredrick Ellmaker

late of Marlborough Township in said Delaware County

deceased, who being duly sworn according to law, to speak

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

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

That the paper before them bearing date the 5th day of January

A.D. 1884 purporting to be the last Will and Testament

of Fredrick Ellmaker now deceased, is the Will of said

deceased that they were present at the execution of said

Will, and at the request of the Testator, respectively subscribed

their names to the same as witnesses in his presence, that

they saw the said Fredrick Ellmaker, deceased, sign and

seal said Will, and heard him acknowledge the same to

be his last Will and Testament, and that the said Fredrick

Ellmaker, at the time of making, signing and sealing said

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

not under any restraint

Sworn to and subscribed said witnesses in } James Hardin

open Court this 22nd day of March A.D. 1884 } Lewis W. Davis

Rufus Carpenter Probate Judge Henry Ashbrook

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 89)

[page 89]

corresponds to page 29 of Delaware county Will Records Vol. 7 1883-1887]


29

Barbara Fry's Will

March 4th 1884

In the matter of the Will of }

Barbara Fry deceased } SS

This day an instrument of writing

purporting to be the last Will and Testament of Barbara

Fry late of Scioto Township in this County, deceased, was

produced in open Court for probate and it appearing to

the Court that said Will had not been deposited in this

Court before the death of the Testatrix it is now ordered that

the said Will be filed in this Court and that due notice

thereof and of the application to admit the same to probate

and record be given by Daniel W. Johnson to Catharine

Strighton, Elizabeth Miller, Mary Miller, Rosana Collins

Barbara Johnson, Susana Gabriel, Ida Dennis, William

Johnson and Anna Johnson, next of kin of the Testatrix

resident of the State of Ohio that said application will be

for hearing before this Court on the 8th day of March A.D. 1884

at 10 o'clock A.M. to which time this matter is continued

Rufus Carpenter

Probate Judge

March 8th 1884

Be it remembered: That heretofore to wit: on the 4th day of

March A.D. 1884 An instrument of writing purporting to be

the last Will and Testament of Barbara Fry late of Scioto

Township in this County deceased, was produced in open

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

to the satisfaction of the Court that due notice of the filing of said

Will and of the application to admit the same to probate

and record in this Court has been given to Catharine Strighton

Elizabeth Miller, Mary Miller, Rosana Collins, Barbara Johnson

Susan Gabriel, Ida Dennis, William Johnson, D.W. Johnson Jr.

and Anna Johnson, next of kin of the Testatrix persuant

to a former order of this Court therefore on this day came

Henry J. Eatin and John L. Thurston the subscribed witnesses

to said Will, who being duly qualified, testified to the due

execution and attestation of said Will which testimony was

reduced to writing by them respectively subscribed and filed

with said Will Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and testament of the said

Barbara Fry deceased, that the same was duly executed and

attested, that the said Testatrix at the time of signing the

same was of lawful age, of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever

It is therefore by the Court ordered that said Will be admitted to

probate and that the same, together with the testimony of

the witnesses above named be entered of record in this Court


Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 90)

[page 90]

corresponds to page 30 of Delaware County Will Records Vol. 7 1883-1887]


30

Barbara Fry's Will

The Last Will and Testament

of

Mrs Barbara Fry of Scioto Township Delaware County Ohio

On this eleventh day of August in the year of our Lord

Eighteen hundred and eighty three at the City of Delaware

Delaware County Ohio. I, Barbara Fry, resident of Scioto Town-

ship in said County, being now in the Seventy fourth year of

my age, and in the full enjoyment of my usual health

and strength, do make and publish this my last Will

and Testament hereby revoking all former Wills by me made

Item First I will and direct that all my just debts and funeral

expenses be paid as soon after my decease as may be

found convenient, and a monument be erected at my

grave costing twenty dollars

Item Second I do give and devise all the residue of my

property money, stock, credits, accounts, personal property

and real estate, of every kind whatsoever of which I

may be possessed at my decease and in whatsoever

form the same may then be in, absolutely, the real estate

in full fee simple, to my son Jacob Fry of the City of

Louisville State of Kentucky and my six daughters

to wit: Catharine Sheutman widow of Benj. P. Sheutman decd

now residing at Lock Licking County Ohio, Elizabeth Miller

widow of Henry Miller deceased, now residing with me on

my farm in Scioto Township, Mary Miller wife of Nathan

Miller of Delaware Township in said County, Rosana Collins

wife of James Collins of Tremont Clark County Ohio Barbara

Johnson wife of Daniel W. Johnson of the City of Delaware

Ohio and Susannah Gabriel wife of Horace Gabriel of Scioto

Township in said County, to be equally divided amongst

them the said son and six daughters, all property left

after paying debts as stated in Item first To the children of

my daughter Ann, who deceased about eleven years

ago, I have given nothing in this Will for the reason

that I gave her during her life time her full and fair

portion of all my estate

Item Third I will and direct that should my son Nicholas Fry

aged 38 years next September now and for about 13 years

past an inmate at the Central Ohio Lunatic Asylum, ever be

cured and permanently restored to his reason, and remain

so restored for the period of two years, then that my said son

Jacob and six daughters legatees named above in "Item

Second" each pay to said Nicholas Fry each a sum as

all taken together will make the sum of Five Hundred dollars

to be by them paid to him without interest at the end of the

period of two years from his restoration to reason as aforesaid

and discharge from the Assylum as permanently cured: and

that during said two years of restoration to reason. said son and

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 91)

[page 91]

[corresponds to page 31 of Delaware County Will Records Vol. 7 1883-1887]


31
Barbara Fry's Will

six daughters above named, furnish among them a home

for said Nicholas Fry. but I do not desire that this bequest

of $500. be held or any way considered any lien or

incumbrance on any real estate of which I may die

possessed, but I desire that said son and six daughters

named in said "Item Second" jointly take said real estate

free and unincumbered by any such lien and from any

lien by reason of the bequests in this "Item Third"

Item Fourth I do here nominate, constitute and appoint Daniel

W. Johnson of the City of Delaware Ohio Executor of this my

last Will and Testament


In testimony whereof I have hereunto set my signature

this August 11th A.D. 1883

Barbara Fry

Signed by said Barbara Fry in our presence and by her

acknowledged to be her last Will and Testament, and signed

by us as witnesses thereto, in her presence and in the presence

of each other and at her request.

John L. Thurston Delaware Ohio

Henry J. Eaton of Delaware Ohio

Probate of Will

The State of Ohio } In Probate Court

Delaware County }

I Personally appeared in open Court John L. Thurston

and Henry J. Eaton the subscribing witnesses to the last Will

and Testament of Barbara Fry late of Scioto Township in

said Delaware County deceased, who being duly sworn

according to law, to speak the truth, the whole truth and

nothing but the truth, in relating to the execution of said

Will, depose and say: that the paper before them bearing

date the 11th day of August A.D. 1883 purporting to be the last Will

and Testament of Barbara Fry now deceased, is the Will of

said deceased Barbara Fry that they were present at the

execution of said Will and at the request of the Testatrix

respectively subscribed their names to the same as witnesses in

her presence; that they saw the said Barbara Fry deceased

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

to be her last Will and Testament, and that the said Barbara

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

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

any restraint

Henry J. Eaton

John L. Thruston

Sworn to and subscribed by said witnesses, in open Court

this 8th day of March A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 92)

[page 92]

[corresponds to page 32 of Delaware County Will Records Vol. 7 1883-1887]


32

Mary McCarthy's Will

February 13th 1884

A paper purporting to be the last Will and

Testament of Mary McCarty late of Delaware Township

this County deceased, having heretofore been deposited in this

Court: it is now ordered that said Will be filed in this

Court and that due notice thereof and of the application to

admit the same to probate and record be given by John

Griffin to Honora Ahern and Bridget Griffin all of

the next of kin resident of the State of Ohio that said

application will be for hearing before this Court on the 18"

day of February A.D. 1884 at 10 oclock A.M. to which

time this matter is continued

Rufus Carpenter

Probate Judge

February 18th 1884

Be it remembered that heretofore to wit: on the

13th day of February A.D. 1884 an instrument of writing

purporting to be the last Will and Testament of Mary Mc

Carty late of Delaware Township in this County deceased

was produced in open Court for probate and was then filed

And it now being shown to the satisfaction of the Court

that due notice of the filing of said Will and of the

application to admit the same to probate and record in

this Court has been given to Bridget Griffin and Honora

Ahern next of kin of the Testatrix pursuant to a former

order of this Court: therefore on this day came Thomas F.

Maloney and John P. Griffin the subscribing witnesses to said

Will who being duly qualified testified to the due execution

and attestation of said Will which testimony was reduced

to writing by them respectively subscribed and filed with said

Will Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Mary Mc

Carty deceased, and that the same was duly executed and

attested: that the said Testatrix at the time of signing the

same was of legal age of sound and disposing mind and

memory and under no undue or unlawful restraint what-

soever. It is therefore by the Court ordered that the said Will

be admitted to probate and that the same together with

the testimony of the witnesses be entered of record in this

Court

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 93)

[page 93]

[corresponds to page 33 of Delaware County Will Records Vol. 7 1883-1887]


33

Mary McCarthy's Will

Copy of Will

In the name of God Amen!

I Mary McCarthy of Delaware

Delaware County Ohio, being of sound mind and

memory, and being desirous of settling my worldly affairs

while I have strength and capacity so to do, do make

and publish this my last Will and Testament.

that is to say, I give and devise all my Estate, Real

and Personal, of which I may die seized or possessed,

except as is hereinafter specifically devised, to my

dear mother Bridget Griffin, to have and hold during her

natural life-time: and after her death, all to be equally

divided between my sister Elizabeth McElligott of Louisville

State of Kentucky and my nephew Thomas Griffin of

Delaware Delaware County Ohio, upon the trusts following

that is to say: To pay all my funeral expenses and

all my just debts, as soon after my decease as practic

able, out of the first moneys, that shall come to her hands

from any portion of my estate, real or personal, also

direct that a monument be placed over the graves of

my husband Jeremiah McCarthy and myself, the cost of

which is not to exceed the sum of Three Hundred dollars

I also direct that the Thirty dollars subscription made by

my husband Jeremiah McCarthy towards St. Mary's Catholic

Church Delaware Delaware County Ohio be paid I also

direct that One Hundred dollars be paid for Masses to the

Priest having charge of St. Mary's Catholic Church Delaware

Delaware County Ohio, at the time of my decease, for the

repose of the Souls of my husband and myself. I hereby

appoint without bonds being demanded John Shea of

Delaware Delaware County Ohio as my sole executor

In witness whereof, I hereunto, set my hand

and seal this fourth day of August Eighteen Hundred

and Eighty-three
her mark

Mary X McCarthy

her mark

Signed and sealed by said Mary McCarthy, as, and

for her last Will and Testament, in the presence of us

who in her presence and in the presence of each other

and at her request have hereto subscribed our names

as witnesses.

Thomas F. Maloney

John P Griffin

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 94)

[page 94]

[corresponds to page 34 of Delaware County Will Records Vol. 7 1883-1887]


34

Probate of Will

The State of Ohio } In Probate Court

Delaware County } SS

Personally appeared in open Court Thomas

F. Maloney and John P. Griffin the subscribing witnesses to

the last Will and Testament of Mary McCarthy late of Del-

aware Township in said County of Delaware deceased, who

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

whole truth and nothing but the truth in relation to the execu-

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

bearing date the 4th day of August A.D. 1883 purporting

to be the last Will and Testament of Mary McCarty now deceased

is the Will of said deceased Mary McCarty, that they were present

at the execution of said Will, and at the request of the Testatrix

respectively subscribed their names to the same as witnesses in

her presence; that they saw the said Mary McCarty deceased

sign and seal said Will, and heard her acknowledge the

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

Mary McCarty, deceased, at the time of making, signing and

sealing said Will, was of legal age, of sound mind and

memory, and not under any restraint and that the erasures

and interlinations in the same were made before the same was

signed at her request

T. F. Maloney

John P. Griffin

Sworn to and subscribed by said witnesses, in open Court

this 18th day of February A.D. 1882

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 95)

[page 95]

[corresponds to page 35 of Delaware County Will Records Vol. 7 1883-1887]


35

Alvay Dickson's Will

March 17th 1884

Journal Entry of filing

In the matter of the Will of }

Alvay Dickson deceased }

This day an instrument of writing

purporting to be the last Will and Testament of Alvay Dickson

late of Genoa Township, in this County deceased was pro-

duced in open Court for Probate. And it appearing to the

Court that said Will had not been deposited in this Court

before the death of the Testator, it is now ordered that the

said Will be filed in this Court, and that due notice

thereof and of the application to admit the same to

Probate and Record be given by Martin Rodgers to

Walker S. Dickson, Milton Dickson, Winfield S. Dickson,

Adelbert Dickson, Howard Dickson, Angeline Shaw, Nancy

Mullen, Mary Rodgers and Albert Dickson next of kin

of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on the 4th

day of April A.D. 1884 to which time this matter is

continued

Rufus Carpenter

Probate Judge

April 22d 1884

Journal Entry of Probating

In the Matter of the Will of }

Alvay Dickson deceased }

Be it remembered that heretofore

to wit: on the 27th day of March A.D. 1884 an instrument of

writing purporting to be the last Will and Testament of

Alvay Dickson late of Genoa Township, this County deceased

was produced in open Court and was then filed And it

being shown to the satisfaction of this Court that due

notice of the filing of said Will and of the application

to admit the same to probate and record in this Court

has been given to Walker S. Dickson, Milton Dickson,

Winfield S. Dickson, Adelbert Dickson, Howard Dickson

Angeline Shaw, Nancy Mullen, Mary Rodgers and Albert

Dickson next of kin to the Testator pursuant to a former

order of this Court, and on the same day came L.T. Schofield

E. Wiebling two of the subscribing witnesses to said Will who

being qualified, testified to this due execution and attes-

tation of said Will, which testimony was reduced to

writing by them respectively subscribed and filed with said

Will. And it appearing to the court that R.R. Arnold, the

other subscribing witness to said Will is a resident of

Westerville Franklin County Ohio, and unable to attend

it is therefore ordered that a commission, with the Will

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 96)

[page 96]

[corresponds to page 36 of Delaware County Will Records Vol. 7 1883-1887]


36

Alvay Dickson's Will

annexed issue herein to Henry P. Andrews of Westerville

Franklin County Ohio directing him to take the testimony

of said subscribing witness and return the same with all

convenient speed according to law, to this Court. The com-

mission heretofore issued to take the testimony of R.R.

Arnold one of the subscribing witnesses to the Will of said

Alvay Dickson deceased was this day returned duly

expected and the same is filed herein And it appear-

ing from the examination of the former witness and

from the deposition of the said R.R. Arnold, that the

aforesaid instrument of writing is the last Will and Testa-

ment of the said Alvay Dickson deceased, that the

same was duly executed and attested, that the said

Testator at the time of signing the same was of lawful

age of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever It is

therefore by the court ordered that the said Will be admitted

to probate, and that the same together with the testimony

of the witnesses above named to entered of record in this

Court

Rufus Carpenter

Probate Judge

Copy of Will

Be it remembered that I Alvay Dickson of Genoa Town-

ship Delaware County Ohio, being of full age and sound

mind, do make and publish this to be my last Will and

Testament in manner and form as follows: and do revoke

all former Wills by me made

Item 1st. After my decease - of my personal and real estate of

which I may own and possess at my death I desire to have

my administrator pay.

First my just debts, funeral expences, and place to

my grave and to that of my deceased wife, suitable

tombstones properly inscribed with names etc. and the costs

of administering my estate

Item 3d I will here mention the names of my children, some of whom

are now dead,

The following my sons names

1st John Dickson, he is dead but left one child a son

2d Walker L. Dickson now living and married

3d Milton Dickson now living and married

4th Winfield S. Dickson now living and married

5th Adelbert Dickson now living and married

6th Howard Dickson now living and married

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 97)

[page 97]

[corresponds to page 37 of Delaware County Will Records Vol. 7 1883-1887]


37

Alvay Dickson's Will

The following are the names of my daughters:

7th Angeline Shaw - she being my eldest daughter

8th Nancy Mullin second daughter married

9th Rhoda Blauvelt being third married daughter

10th Mary Rodgers my youngest daughter, married

Item 3d I will here mention that my personal and real estate

of farm utinsils, stock of different kinds on the farm

and household goods of many kinds, and possibly I

may leave some money or securties

That my real estate consists of our home farm

in Genoa Township with valuable improvements

Item 4th After my decease I desire my Administrator to be

appointed by the Probate Court and to be a disinterested

person of sound judgement and competent qualifi-

cations, on whom shall devolve the duty of marshaling

my assets of personal property as well as my real estate

and subject the same to appraisement by judicious

free holders appointed by the Court A Schedule of such

appraisement duly reported according to law

And in the management of the sale of my estate

I would leave the same to the good judgement of the

Administrator and the Court to sell the same at private

or public sale and upon such terms of payment as will

secure to my said children their proportion under this

will, the greatest benefits; whether by cash payments

down or a credit in part in accordance with custom

and the laws of the State

Item 5th I will now apportion to each of my said children

their share having already advanced to several of the

children nearly all they should be entitled to share

of my estate, as the following is manifest

Item 6th First: provide for the amount set forth in the first Item of

this Will

Second: I give and bequeath to my oldest daughter

Angeline Shaw, the sum of Five Dollars as her share

Third: I give and bequeath to the son and heirs of my

deceased son, John Dickson, the sum of Five Dollars

Forth: I give and bequeath to my son Milton Dickson

the sum of Two Hundred ($200) dollars

Fifth: I give, and desire and bequeath to my daughter

Mary Rodgers, as an advancement for her faithful care

of my deceased wife and towards myself, the sum of

Two Hundred ($200) dollars and to my son Howard Dickson

the sum of Five Hundred dollars

Item 7th Of the residue and remainder of my estate after pro-

viding for and the payment of the several sums above

mentioned to wit: I then give, devise and bequeath in

equal sums, to share and share alike, to my children

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 98)

[page 98]

[corresponds to page 38 of Delaware County Will Records Vol. 7 1883-1887]


38

Alvay Dickson's Will

named as follows, and to their legal heirs, that is to say

to my sons Walker L. Dickson, Winfield S. Dickson, Adelbert

Dickson and to my daughters Nancy Mullin, Rhoda Blauvelt

and Mary Rodgers this equal share to my daughter Mary

is provided in addition to the above provision of Two Hundred

dollars.

In witness whereof I Alvay Dickson, to this my last

Will and Testament have hereunto set my hand and

seal this 7th day of August A.D. 1883
his

Alvay X Dickson {Seal}

mark

Signed, sealed and declared by Alvay Dickson as and

for his last Will and Testament, in the presence of us, and

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

other have subscribed our names hereto as witnesses thereof

Done at Westerville this 7th day of August 1883

L. T. Schofield }

E Wiebling } Residence of the witnesses at Westerville Ohio

R.R. Arnold }

Probate of Will

The State of Ohio } In Probate Court

Delaware County } SS

Personally appeared in open Court L.T.

Schofield and E Weibling, two of the subscribing witnesses to

the last Will and Testament of Alvay Dickson late of

Genoa Township in said Delaware County deceased, who

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

whole truth and nothing but the truth in relation to the

execution of said Will, depose and say: That the paper

before them bearing date the 7th day of August A.D. 1883

purporting to be the last Will and Testament of Alvay Dickson

now deceased, is the Will of said deceased Alvay Dickson

that they were present at the execution of said Will and

at the request of the Testator respectively, subscribed their

names to the same as witnesses in his presence, that they

saw the said Alvay Dickson deceased, sign and seal

his last Will and Testament and that the said Alvay

Dickson at the time of making, signing and sealing

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

and not under any restraint

L. T. Scofield

E. Weibling

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

this 4th day of April A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 99)

[page 99]

[corresponds to page 39 of Delaware County Will Records Vol. 7 1883-1887]


39

Alvay Dickson's Will

Commission to take testimony of Witness

The State of Ohio }

Delaware County } SS

To Henry P. Andrus 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 examin and

take the deposition of R.R. Arnold one of the subscribing

witnesses to the last Will and Testament of Alvay

Dickson hereto annexed, late of the County of Delaware

in the State of Ohio, deceased; and therefore we com-

mand you, that at certain days and places appointed

by you, you cause the said R.R. Arnold 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 Alvay Dickson and

that you reduce such examination to writing, and return

the same, together with this Commission and the Will of

the said Alvay Dickson thereto annexed, closed up under

your seal, into our said Probate Court, with all convenient

speed.

In Testimony Whereof I, Rufus Carpenter Judge of

the said Court have hereunto set my hand and affixed the

seal of said court; at Delaware this 4th day of April 1884

Rufus Carpenter

Probate

{Seal}

Probate of Will

The State of Ohio }

Franklin County }SS In Probate Court

Personally appeared before me a commis-

sioner duly appointed by the Probate Court of Delaware

County R.R. Arnold one of the subscribing witnesses to

the last Will and Testament of Alvay Dickson late

of Genoa Township in said Delaware County deceased

who being duly sworn according to law to speak the truth

the whole truth and nothing but the truth in relation

to the execution of said Will depose and say that the

paper before him bearing date the 7th day of August

A.D. 1883 purporting to be the last Will and Testament

of Alvay Dickson now deceased is the Will of said

deceased Alvay Dickson that he was present at the

execution of said Will, and at the request of the

Testator subscribed his name to the same as witness in

his presence that he saw the said Alvay Dickson

deceased sign and seal said Will and heard him

acknowledge the same to be his last Will and Testa-

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 100)

[page 100]

[corresponds to page 40 of Delaware County Will Records Vol. 7 1883-1887]


40

Alvay Dickson Will

ment and that the said Alvay Dickson at the time

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

age, of sound and disposing mind and memory, and

not under any restraint.

R. R. Arnold

Sworn to and subscribed by said witness in my presence

this 12th day of April A.D. 1882,

Henry P. Andrus

Commissioner & Notary Republic
Witness fees 75
Com $100

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 101)

[page 101]

[corresponds to page 41 of Delaware County Will Records Vol. 7 1883-1887]


41

Diana T. Van Buskirk's Will

Journal Entry of filing

In the matter of the Will of }

Dianna T. Van Buskirk deceased }

This day an instrument

of writing purporting to be the last Will and Testament

of Dianna T. Van Buskirk late of Delaware Township

in this County deceased, was produced in open Court

for Probate and it appearing to the Court that the

said Will had not been deposited in this Court before

the death of the Testatrix it is now ordered that the

said Will be filed in this Court, and that due notice

thereof and of the application to admit the same

to probate and record be given by S. P. Merrill to Albert

H Van Buskirk, Flora M Van Buskirk, Viola B. Van

Buskirk and Francis M Van Buskirk next of kin

of the Testatrix, resident of the State of Ohio, that said

application will be for hearing before this Court on the

2d day of May A.D. 1884 at 10 oclock A.M. And

it appearing to the court that S.C. Gamble, J.H. Hays

and E.P. Wright the subscribing witnesses to said Will

are residents of Pickaway County Ohio and are

without the Jurisdiction of this Court it is therefore

ordered that a commission, with the Will annexed

issue herein to John Schleyer of Circleville Pickaway

County Ohio directing him to take the deposition of

said subscribing witnesses to said Will and unlocked the

same duly certified with all convenient speed

Rufus Carpenter

Probate Judge

May 2d 1884

Journal Entry of Probating

In the matter of the will of }

Dianna T. Van Buskirk deceased }

Be it remembered that

hereofore to wit on the 26th day of April A.D. 1884 an

instrument of writing purporting to be the last Will

and Testament of Dianna T. Van Buskirk late of

Delaware Township this County deceased, was produced

in open Court for probate and was then filed

And it now being shown to the satisfaction of the

Court that due notice of the filing of said Will and of

the application to admit the same to probate and record

in this Court has been given to Albert H. Van Buskirk

Flora M. Van Buskirk, Viola B. Van Buskirk and

Francis M. Van Buskirk, and Adam Bailey Guardian

of Francis M. Van Buskirk next of kin of the Testatrix

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 102)

[page 102]

[corresponds to page 42 of Delaware County Will Records Vol. 7 1883-1887]


42

Dianna T. Van Buskirk's Will

pursuant to a former order of this Court. The commis-

sion heretofore issued herein to take the testimony of S.C.

Gamble, J.T. Hayes and E.P. Wright the subscribing

witnesses to said Will of said Dianna T. Van Buskirk

deceased was returned duly executed and the same

was filed herein. And it appearing to the Court from

the testimony so taken that the aforesaid instrument

of writing is the last Will and Testament of said Dianna

T. Van Buskirk deceased that the same was duly executed

and attested that the said Testatrix at the time of

signing the same was of lawful age, of sound and

disposing mind and memory and under no undue

or unlawful restraint whatsoever. It is therefore by the

Court ordered that the said Will be admitted to probate

and that the same together with the testimony of the

witnesses above named be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of all, I, Dianna

T. Van Buskirk of Picknaway County Ohio, do make

and publish this my last Will and Testament in

manner and form following vis:

Item 1st It is my Will that all my just debts and funeral

expenses be first paid out of my estate

Item 2d I desire that in the distribution of my estate after the

payments of my debts and funeral expenses, my children

shall share equally, taking into account what has been

expended by a part of them for the benefit of all, as I

have an equal regard and affection for all of my children

I therefore give, devise and bequeath to my said children

Albert H., Flora M., Viola B. and Francis M. Van Bus-

kirk all of the residue of my estate after the payment

of said debts and expenses, whether real or personal and

wherever situated, share and share alike, and to their

heirs and assigns forever.

This disposition of my property is made by me, subject

to and upon this condition that my said son Francis

M. Van Buskirk shall pay or secure to be paid to my

other children. Albert H. Flora M. and Viola B. Van

Buskirk the sum of One Thousand dollars with interest

thereon from October 6th 1883 said sum being the one fourth

part of the money paid by my said children Albert H., Flora

M. and Viola B. Van Buskirk for the common benefit of all

of my said children, which sum of One thousand dollars

should have been paid by the Guardian of Francis M.

Vanbuskirk- Said sum to be paid or secured to be paid

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 103)

[page 103]

[corresponds to page 43 of Delaware County Will Records Vol. 7 1883-1887]


43

Dianna T. Van Buskirk's Will

by said Francis M. Van Buskirk within one year after

he arrives at the age of Twenty-one years and in

case either of said three children shall be dead at that

time then the share of such child shall be paid or

secured to be paid to the heirs of such deceased child

Item 3d In case my said son Francis M. Van Buskirk fails

and neglects to pay or secure to be paid to my other

children or their legal representatives the said sum of

One Thousand dollars with interest from October 6th 1883 within

one year after he arrives at the age of Twenty one years

then and in that case, I direct my Executor herein after

named, out of the share herein before given to my said

son Francis M. Buskirk, to retain and pay to my other

children or their legal representatives the said sum of One

Thousand dollars, so paid by them for his benefit, with the

interest as aforesaid and the residue of the share herein

before given to my said son Francis M. Van Buskirk. I direct

my said Executor to pay to invest or retain said balance

until my said son shall attain the age of twenty-one

years- so that Adam Bailey the present Guardian of my

said son shall have nothing whatever to do with any portion

of my estate

Item 4th In case any of my said children shall die before

my decease, leaving no issue, then the share of my estate

herein given to such child or children shall pass to and

vest in my other children or their legal representatives

share and share alike

Item 5th I hereby constitute and appoint S.P. Merrill Executor

of this my last Will and Testament

In witness whereof I hereunto

set my hand this 30th day of October, A.D. 1883

Dianna T. Van Buskirk

Signed and acknowledged by the said Dianna T.

Van Buskirk as and for the last Will and in our

presence and signed by us at her request and in her

presence and in the presence of each other

S. C. Gamble

J. H. Hayes

E. P. Wright

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 104)

[page 104]

[corresponds to page 44 of Delaware County Will Records Vol. 7 1883-1887]


44

Dianna T. Van Buskirk's Estate

Commission to take Testimony of Witnesses

The State of Ohio }

Delaware County } SS

To John Schleyer 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 S.C.

Gamble, J.H. Hays and E.P. Wright subscribing witnesses

to the last Will and Testament of Dianna T. Van Buskirk

hereto annexed, late of the county of Delaware in the

State of Ohio, deceased; and therefore we command you

that at certain days and places appointed by you, you

cause the said S.C. Gamble, J.H. Hays and E.P. Wright

to be brought before you and then and there to examine

them on oath or affirmation first taken before you, touching

the due execution of said Will of the said Dianna T Van

Buskirk and that you reduce such examination to writing

and return the same, together with this Commission and

the Will of the said Dianna T. Van Buskirk thereto annexed

closed up under your seal, into our said Probate Court; with

all convenient speed

In Testimony Whereof, I, Rufus Carpenter

Judge of said Court, have hereunto set my hand and affixed

the seal of said Court, at Delaware this 26th day of April

A.D. 1884

Rufus Carpenter

Probate

Probate of Will

The State of Ohio } In Probate Court

Pickaway County }

Personally appeared before me, S.C. Gamble

J.H. Hays and E.P. Wright the subscribing witnesses to the

last Will and Testament of Dianna T. Van Buskirk late

of Delaware Township in said Delaware County deceased

who being duly sworn according to law to speak the

truth, the whole truth and nothing but the truth in

relation to the executing of said Will, depose and say:

that the paper before them purporting to be the last Will

and Testament of Dianna T. Van Buskirk now deceased

is the Will of said deceased Dianna T. Van Buskirk, that

they were present at the execution of said Will and at

the request of the Testatrix respectively subscribed their names

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

the said Dianna T. Van Buskirk deceased sign and seal

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 105)

[page 105]

[corresponds to page 45 of Delaware County Will Records Vol. 7 1883-1887]


45

Dianna T. Van Buskirk's Estate

said Will, and heard her acknowledge the same to

be her last Will and Testament, and that the said

Dianna T. Van Buskirk at the time of making, signing

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

and disposing mind and memory, and not under any

restraint

S. C. Gamble

J. Hayes

E. P. Wright

Sworn to and subscribed by said witnesses before me

this 30th day of April A.D. 1884

John Schleyer

Notary Public

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 106)

[page 106]

[corresponds to page 46 of Delaware County Will Records Vol. 7 1883-1887]


46


May 9th 1884

Journal Entry of filing

In the matter of the Will of} In the Probate Court of Delaware County O.

Samuel Patterson deceased }

This day an instrument of writing

purporting to be the last Will and Testament of Samuel

Patterson late of Orange Township in this County deceased

was produced in open Court for probate, and it appearing to

the Court that the said Will had not been deposited in

this Court before the death of the Testator, it is now ordered

that the said Will be filed in this Court, and that due

notice of the filing and of the application to admit the

same to Probate and Record be given by Milo Patterson to

Angeline Hunt and Morrell Patterson next of kin of

the Testator resident of the County of Delaware and State

of Ohio, that said application will be for hearing before

this Court on the 13th day of May A.D. 1884 at 10 oclock

A.M. to which time this matter is continued

Rufus Carpenter

Probate Judge

May 13th 1884

Journal Entry of probating

In the matter of the Will of}

Samuel Patterson deceased }

Be it remembered that hereto-

fore to wit: on the 9th day of May A.D. 1884 an instrument

of writing purporting to be the last Will and Testament of

Samuel Patterson late of Orange Township in this County

deceased, was produced in open Court for Probate and

was then filed. And it now being shown to the satisfac-

tion of the Court that due notice of the filing of said Will

and of the application to admit the same to probate and

record in this Court has been given to Angeline Hunt

Morrell Patterson and Milo Patterson next of kin of the

Testator pursuant to a former order of this Court, therefore on

this day came R.R. Arnold one of the subscribing witnesses

to said Will, who appeared in open Court and was duly sworn

and examined according to law and his testimony therein

reduced to writing and filed. And it appearing to the

Court that P.E. Guitner the other subscribing witness to said

Will is now deceased Thereupon Henry A. Guitner (son of

P.E. Guitner) and R.R. Arnold and of the subscribing wit-

nesses appeared in open Court and were duly sworn

and examined according to law, touching the genuine-

ness of the signature of said P.E. Guitner attached to

said Will and their testimony reduced to writing and

filed with said Will.

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 107)

[page 107]

[corresponds to page 47 of Delaware County Will Records Vol. 7 1883-1887]


47

Samuel Patterson's Will

Whereupon the Court finds that the aforesaid instru-

ment of writing is the last Will and Testament of

said Samuel Patterson deceased, that the same was

duly executed and attested, that the said Testator

at the time of signing the same was of lawful age

of sound mind and memory and under no unlaw-

ful restraint whatsoever. It is therefore by the Court ordered

that said Will be admitted to Probate and that the

same together with the testimony of the witnesses

above named be entered of record in this Court. Also

on the same day came Hannah Patterson widow of

Samuel Patterson deceased and in open Court made

known her election to take under the provision of the Will

of her said husband. Whereupon the Court explained to

her the provisions of said Will and her rights under it

also her rights under the law and she declared

herself satisfied with the provisions of said Will and

asked that her election to take under said Will might

be entered upon the Journal of the Court, which is ac-

cordingly done.

Rufus Carpenter

Probate Judge

Copy of Will

I, Samuel Patterson of Delaware County, Ohio, being

advanced in age, but of sound mind and memory, do

make and publish this my last Will and Testament in

manner as follows.

First It is my Will and do hereby devise and bequeath

to my three children namely, Angeline, now the wife of

Mr. John Hunt, Milo Patterson and Morrell Patterson

the sum of Five Hundred dollars to each, after my decease

Second Having full confidence in my beloved wife Hannah

Patterson with whom I have lived with, for many years

and with whom under a kind Providence, have ac-

cumulated considerable property, do hereby devise and

give to my said beloved wife the residue and remain-

der of all my personal and real estate, and which

embraces our home farm in Orange Township containing

about two hundred and eighty-five acres together with

all and singular the hereditaments and appertenances

thereto belonging: trusting to her good judgments and

the sense of duty in the disposition and distribution

of any and all the estate which she may not

consume during her life time unto the before mentioned

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 108)

[page 108]

[corresponds to page 48 of Delaware County Will Records Vol. 7 1883-1887]


48

Samuel Patterson's Will

children in such manner as she shall think fit

and proper to do in a lawful way. In the provisions

herein before made to my said named children and

presuming that there will be sufficient personal property

after my decease to pay said legacies. I direct the

same to be made of the personal estate, as here after

explained.

Third I do hereby nominate and appoint my said wife

Hannah Patterson Executrix of this my last Will and

Testament hereby authorizing and empowering her to

adjust release and discharge in such manner as she

may deem proper the debts and claims due me at

my decease.

I do also authorize and empower her to pay all and

any just debts against me at my decease, and also

to sell at private or public sale so much of my personal

estate as may be necessary to pay the said named legacies

before stated to Angeline or her heirs the sum of five

hundred dollars ~ to Milo or his heirs the sum of

five hundred dollars and to Morrell or his heirs the sum

of five hundred dollars.

I do also authorize my said wife at any time after

my decease, to sell at private or public sale if she should

see fit and proper to do so Any part of the Real Estate

and Deed or Deeds execute and deliver to purchase in

fee simple and upon such terms as she may deem

proper.

And I also desire to say here that no one of the before

mentioned children shall have a right to ask or demand

of my said wife any part or portion of said bequests

before one year after my demise.

And further, I do hereby direct and request the Probate

Court to admit Letters of Executrix to my said wife

without the usual bond 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 8th day of May

1868

Samuel Patterson

Signed and acknowledged by said Samuel Patterson as his

last Will and Testament in our presence and signed by

us in his presence

R. R. Arnold

P.E. Guitner

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 109)

[page 109]

[corresponds to page 49 of Delaware County Will Records Vol. 7 1883-1887]


49

Samuel Pattersons Will

Probate of Will

The State of Ohio} In Probate Court

Delaware County }SS

Personally appeared in open Court

R.R. Arnold one of the subscribing witnesses to the

last Will and Testament of Samuel Patterson late of

Orange Township in said Delaware County, deceased,

who being duly sworn according to law to speak the

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

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

That the paper before them bearing date the 8th day of

May A.D. 1864 purporting to be the last Will and Testament

of Samuel Patterson now deceased, is the Will of said

deceased, (that P.E. Guitner the other witness to said

will is now deceased) that they were present at the exe-

cution of said Will, and at the request of the Testator

respectively subscribed their names to the same as witnesses,

in his presence: that they saw the said Samuel Patterson

deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament

and that the said Samuel Patterson at the time of

making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under

any restraint

R. R. Arnold

{seal} Sworn to and subscribed by said witness, in

open Court: this 13th day of May A.D. 1884

Rufus Carpenter

Probate Judge

Proof of signature of Witness to Will

The State of Ohio}

Delaware County }

Henry A. Guitner being duly sworn

says that he was well acquainted with P.E. Guitner

who is now deceased, that he was well acquainted

with the hand writing of the said P.E. Guitner

having often seen him write, that the signature of

P.E. Guitner as subscribing witness to the last Will

and Testament of Samuel Patterson deceased, is in

the own proper hand writing and signature of the said P.

E. Guitner who at the date of said Will was in full life

and resided in Westerville Franklin County Ohio

Henry A. Guitner

Sworn to before me and subscribed in my presence this

13th day of May A.D. 1884

Rufus Carpenter Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 110)

[page 110]

[corresponds to page 50 of Delaware County Will Records Vol. 7 1883-1887]


50

Walter T. Watson's Will

June 16th 1884 Journal Entry of filing

In the matter of the Will of} In the Probate Court of Delaware Co. O.

W.T. Watson deceased }

This day an instrument of

Writing purporting to be the last Will and Testament of W.

T. Watson late of Delaware Township in this County deceased

was produced in open Court for Probate and it appearing

to the Court that the said Will has not been deposited

in this Court before the death of the Testator, it is now or-

dered that the said Will be filed in this Court and that

due notice thereof and of the application to admit the

same to probate and record be given by W.G. Watson to

Martha Watson widow of said decedent and Margaret Zim-

merman, John W. Watson, Walter T. Watson, Elmer D. Watson

Clark Watson, Mattie Watson, Lavina M. McKinnie Rena Freese

Mattie Freese, Susan Freese, Walter Freese and George Lance

next of kin of the Testator resident of the State of Ohio

that said application will be hearing before this Court

on the 17th day of June A.D. 1884 at 9 oclock A.M. to

which time this matter is continued

Rufus Carpenter

Probate Judge

June 17th 1884

Journal Entry of Probating

Be it remembered that heretofore to wit: on the 16th day of

June A.D. 1884 an instrument of writing puprporting to be

the last Will and Testament of Walter T. Watson late of

Delaware Township, this County, deceased was produced,

in open Court for probate, and was then filed And it now

being shown to the satisfaction of the Court, that due notice

of the filing of said Will and of the application to admit

the same to probate and record in, this Court has been

given to Margaret Zimmerman, Lavinia M McKinnie, Rena

Freese, Mattie Freese, Susan Freese, Walter Freese and Clark

Watson next of kin of the Testator, Walter T. Watson, John W.

Watson, Elmer D. Watson, Mattie Watson, and George Lance next

of kin of the Testator entered their appearance in Court

and waived the issuance of notice, therefore on this day came

James R. Lytle and Mary J. Redding the subscribing witnesses

to said Will who being duly qualified testified to the due

execution and attestation of said Will, which testimony was

reduced to writing by them respectfully subscribed and filed

with said Will. Whereupon the court finds that the aforesaid

instrument of writing is the last Will and Testament of

said Walter T. Watson deceased, that the same was duly

executed and attested: that the same Testator at the

time of signing the same was of lawful age, of sound and

disposing mind and memory and under no undue or

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 111)

[page 111]

[corresponds to page 51 of Delaware County Will Records Vol. 7 1883-1887]


51

Walter T. Watson's Will

unlawful restraint whatsoever. It is therefore by the Court

ordered that the said Will be admitted to probate and

that the same together with the testimony of the witnesses

above named be entered of record in this Court. And

afterwards on the same day came Martha Watson widow of said

deceased Walter T. Watson appearing in open Court and

the provisions of said Will being made known to her, also

her rights under the law being fully explained to her, she

did then and there elect to take under the will of her

late husband and asked that the same may be

made a matter of record in this Court. which is ac-

cordingly done

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of All, I, Walter

T. Watson of Delaware Ohio, do make and publish this

my last Will and Testament.

Item 1st It is my Will that all my just debts and all

charges be paid out of my Estate

Item 2nd I give and devise to my beloved wife Martha

Watson in lieu of her dower, the use of all my estate

both personal and real during her natural life.

Item 3rd At the death of my said wife Martha Watson

desire that whatever remains of my said Estate be

divided equally among my children as follows: That

is to say, each child is to receive an equal proportion

of my said Estate. The children of my former marriage

and their heirs to share alike with the children of my

last marriage

Item 4th I do hereby nominate and appoint my beloved

wife Martha Watson and my brother William G.

Watson Executors of this my last Will and Testament

hereby authorizing and empowering them to compro-

mise, 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 or

for the comfort and support of my said wife, to sell

by private sale or in such manner and when such

terms of credit or otherwise as they may think proper

all or any part of my real estate or personal estate

and deeds to purchasers to execute, acknowledge and

deliver in fee simple.

Item 5th I desire that my said Executor shall not be re-

quired to give bonds and that the Probate Court

shall direct the omission of the same. I also desire

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 112)

[page 112]

[corresponds to page 52 of Delaware County Will Records Vol. 7 1883-1887]


52

Walter T. Watson's Will

that no appraisement and no sale of my personal

property be made and that the Probate Court direct the

omission of the same, in pursuance of the Statutes

I also hereby revoke all former Wills by me made

In testimony hereof I have hereunto set my hand and Seal

this 20st day of May A.D. 1884

W. T. Watson {Seal}

Signed and acknowledged by said Walter T. Watson as

his last Will and Testament in our presence and signed

by us in his presence and at his special instance and

request

James R. Lytle

Mary J. Redding

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 113)

[page 113]

[corresponds to page 53 of Delaware County Will Records Vol. 7 1883-1887]


53

Mary A Hubbells Will

June 12th 1884

Journal Entry

This day an instrument of writing purporting to be the last

Will and Testament of Mary A. Hubbell late of Oxford Town-

ship this County deceased was produced in open Court for

probate and it appearing to the Court that the said Will

had not been deposited in this Court before the death of the

Testator, it is now ordered that the said Will be filed in

this Court and that due notice of the application to

admit the same to probate and record be given by Joseph C.

Cole to Arthur B. Main, Frank C. Hubbell and Grace M.

Hubbell next of kin of said decedent resident of the State

of Ohio that said application will be for hearing before

this Court on the 21st day of June A.D. 1884 at 11 oclock

A.M.

Rufus Carpenter

Probate Judge

June 21st 1884

Journal Entry

Be it remembered that heretofore to wit: on the 12th day of June

A.D. 1884 an instrument of writing purporting to be the

last Will and Testament of Mary A Hubbell late of

Oxford Township in this County deceased was produced in

open Court for probate and was then filed and it now

being shown to the satisfaction of the Court that due notice

of the filing of said Will and of the application to admit the

same to probate and record in this Court has been given to

Arthur B. Main, Frank C. Hubbell and Grace M. Hubbell

next of kin of the Testatrix pursuant to a former order of

this Court. Therefore on this day came Thomas J. Cole

and Emma J. Cole the subscribing witnesses to said Will

who being duly qualified testified to the due execution and

attestation of said Will, which testimony was reduced to wri-

ting by them respectively subscribed and filed with said Will

Whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of Mary C. Hubbell

deceased, that the same was duly executed and attested

that the said Testatrix at the time of signing the same

was of legal age, of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever. It is therefore by the Court ordered that the said

Will be admitted to probate and that the same together with

the testimony of the witnesses above named be entered of

record in this Court

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 114)

[page 114]

[corresponds to page 54 of Delaware County Will Records Vol. 7 1883-1887]



54

Mary A. Hubbell's Will

Copy of Will

Realizing the uncertainty of life, I Mary A Hubbell of the

State of Ohio and in Delaware County, make this last

Will and Testament while in sound mind and memory

this 21st day of September 1883.

First I bequeath all my interest in the Real Estate in

Brown Township Delaware County and State of Ohio to

my beloved son Arthur B. Main which was willed to me

by my beloved daughter Eva T. Main on the 3rd day of Nov-

ember in the year 1879.

Second My Will is that whatever is left from the Estate

of Aca Hubbell deceased to be equally divided between my

two beloved children Frank C. Hubbell and Grace M. Hubbell

I further appoint my esteemed father Joseph C. Cole

Guardian of my two children Frank C. Hubbell and Grace

M. Hubbell. It is my wish that no bonds be required,

Signed by her in my presence and signed

by us in her presence and at her request

Mary A. Hubbell {Seal}

Thomas J. Cole

Emma J. Cole both of Delaware County Ohio

Probate of Will

The State of Ohio}

Delaware County } SS

Personally appeared in open Court Thomas J. Cole and

Emma J. Cole the subscribing witnesses to the last Will and Testament

of Mary A. Hubbell late of Oxford Township in said Delaware

County deceased, who being duly sworn according to law to speak

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

relation to the execution of said Will depose and say that

the paper before them bearing date the 21st day of September

A.D. 1884 purporting to be the last Will and Testament of

Mary A. Hubbell now deceased, is the Will of said deceased

Mary A. Hubbell that they were present at the execution of said

Will, and at the request of the Testatrix respectively subscribed

their names to the same as witnesses in her presence that they

say and said Mary A. Hubbell deceased, sign and seal said

Will and heard her acknowledge the same to be her last Will and

Testament and that the said Mary A. Hubbell at the time of

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

sound mind and memory and under no restraint

Thomas J. Cole

Emma J. Cole

Sworn to and subscribed by said witnesses in open Court this 21st

day of June A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 115)

[page 115]

[corresponds to page 55 of Delaware County Will Records Vol. 7 1883-1887]


55

David H. Lackey's Will

July 14th 1884

Journal Entry of filing

In the matter of the Will of } In the probate Court of Delaware County Ohio

David H. Lackey deceased }

This day an instrument of writing

purporting to be the last Will and Testament of David H. Lackey

late of Berlin Township in this County deceased was produced

in open Court for probate, and it appearing to the Court that

said Will had not been deposited in this Court before the death

of the Testator, it is now ordered that the said Will be filed

in this Court and that due notice of the filing and of the

application to admit the same to probate and record be given

by George Cleveland, Hester Lackey, Ida F. Benedict, John W. Benedict

and Joseph M Bobo next of kin of the Testator resident

of the State of Ohio, that said application will be for

hearing before this Court on the 24th day of July A.D. 1884

at 2 oclock P.M. to which time this matter is continued

Rufus Carpenter

Probate Judge

July 24th 1884

Journal Entry of Probating

In the matter of the Will of}

David H. Lackey deceased } SS

Be it remembered that heretofore to wit

on the 14th day of July A.D. 1884 an instrument of writing

purporting to be the last Will and Testament of David H.

Lackey late of Berlin Township in this County deceased

was produced in open Court for probate and was then filed

And it now being shown to the satisfaction of the Court that

due notice of the filing of said Will and of the application

to admit the same to probate and record in this Court has

been given to Hester Lackey, Ida F. Benedict, John W. Benedict and Joseph M.

Bobo next of kin of the Testator pursuant to a former of this

Court, therefore on this day came George Cleveland and

Thomas J. Lackey the subscribing witnesses to said Will who being

duly qualified testified to the due execution and attestation

of said Will. Which testimony was reduced to writing by them

respectively subscribed and filed with said Will. Whereupon

the Court finds that the aforesaid instrument of writing is

the last Will and Testament of said David H. Lackey

deceased that the same was duly executed and attested

that the said Testator at the time of signing the

same, was of lawful age of sound and disposing mind

and memory and under no undue or unlawful

restraint whatsoever. It is therefore by the Court ordered that

the said Will be admitted to probate, and that the

same together with the testimony of the witnesses

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 116)

[page 116]

[corresponds to page 56 of Delaware County Will Records Vol. 7 1883-1887]


56

David H. Lackey's Will

above named be entered of record in this Court. Also on

the same day came Hester Lackey, widow of said David

H. Lackey deceased, and made known therein her election

to take under the provision of the Will of her said deceased

husband. Whereupon the Court explained to her the provisions

of said Will and her right under it also her rights under

the law, and she declared herself satisfied with the pro-

visions of said Will, and asked that her election to take

under said Will might be entered upon the Journal of

the Court, which is accordingly done

Rufus Carpenter

Probate Judge

Copy of Will

10 05 101

In the name of the Benevolent Father of all I, David

H. Lackey of the County of Delaware Ohio do make and

publish this my last Will and Testament.

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

dower the farm on which we now reside situate in Berlin

Township Delaware County Ohio containing about thirty one

and two fifths acres of land during her natural life

and all the stock, household goods furniture provisions and

other goods and chattels which may be thereon at the

time of my decease during her natural life as afore-

said she however selling so much thereof as may be suf-

ficient to pay my just debts at the death of my said

wife the Real Estate aforesaid. I give and devise to my

Grand daughter Ida F. Benedict she paying to my Grand-

son John W. Benedict Twenty-five dollars.

Item 2nd As I now have some money on hand I expect my wife

to have the use of it and if it necessary to use some of the

principal and if at her death there should be enough

of my money left I want Joseph M. Bobo to have five

hundred dollars if after the payment of said five hundred

dollars there should be any money left to be divided equally

between Ida F. Benedict and Joseph M. Bobo

Item 3d I do hereby nominate and appoint George Cleveland

Executor of this my last Will and Testament hereby au-

thorizing and empowering him to see that the provisions of

this Will are strictly carried out I devise that no appraise-

ment and no sale of my personal be made and that the

Court of Probate direct the commission of the same in pursuance

of the Statute

In testimony hereof I have hereunto set my hand and

Seal this 24th day of May in the year 1884

David H. Lackey {Seal}

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 117)

[page 117]

[corresponds to page 57 of Delaware County Will Records Vol. 7 1883-1887]


57

David H. Lackey's Will

Signed and acknowledged by said David H. Lackey

as his last Will and Testament in our presence and

signed by us in his presence

Thomas J. Lackey

George Cleveland


Probate of Will

The State of Ohio} In Probate Court

Delaware County }SS

Personally appeared in open Court Thomas

J. Lackey and George Cleveland the subscribing witnesses

to the last Will and Testament of David H. Lackey of

Berlin Township in said County deceased, who being

duly sworn according to law to speak the truth, the

whole truth and nothing but the truth in relation to

the execution of said Will depose and say: that the paper

before them bearing date the 24th day of May A.D. 1884

purporting to be the last Will and Testament of David

H. Lackey now deceased, is the Will of said deceased

David H. Lackey that they were present at the execution

of said Will, and at the request of the Testator respect-

ively subscribed their names to the same as witnesses

in his presence: that they saw the said David H.

Lackey deceased sign and seal said Will. and heard

him acknowledge the same to be his last Will and

Testament, and that the said David H. Lackey at the

time of making, signing and sealing said Will, was

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

under any restraint

George Cleveland

T.J. Lackey

Sworn to and subscribed by said witnesses, in open

Court, this 24th day of July A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 118)

[page 118]

[corresponds to page 58 of Delaware County Will Records Vol. 7 1883-1887]


58

Lysander Taylor's Will

July 22nd 1884

In the matter of the Will of }

Lysander Taylor deceased }

This day an instrument of

Writing purporting to be the last Will and Testament of Lysander

Taylor late of Orange Township in this County deceased was

produced in open Court for Probate and it appearing to the

Court that the said Will had not been deposited in this

Court before the death of the Testator it is now ordered

that the said Will be filed in this Court and that due

notice thereof and of the application to admit the same

to probate and record be given by Harriet B. Taylor to Adel-

bert L. Taylor, Arthur E. Taylor and Raymond H. Taylor

next of kin of the Testator resident of the State of Ohio

that said application will be hearing before this Court

on Saturday the 16th day of July A.D. 1884 at 1 oclock P.M.

to which time this matter is continued.

Rufus Carpenter

Probate Judge

July 26th 1884

Journal Entry of Probate

In the matter of the Will of}

Lysander Taylor deceased }

Be it remembered that here-

tofore to wit: on the 22nd day of July A.D. 1884 an instrument

of writing purporting to be the last Will and Testament of

Lysander Taylor late of Orange Township, this County, de-

ceased was produced in open Court for probate and was

then filed. And it now appearing to the satisfaction of

the Court that due notice of the filing of said Will and

of application to admit the same to probate and record

in this Court has been given to Harriet B. Taylor Adelbert

L. Taylor Arthur E. Taylor and Raymond H. Taylor next

of kin of the Testator pursuant to a former order of this

Court And it appearing that A.M. Hamlin one of the

subscribing witnesses to said Will is now deceased, thereupon

J.B. Hunt appearing in open Court and was duly

sworn and examined according to law touching the gen-

uineness of the signature of said A.M. Hamlin attached

to said Will and their testimony thereon was reduced to

writing and filed. Therefore on this day came J.B. Hunt

who being duly qualified testified to the due execution

and attestation of said will which testimony was reduced

to writing by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of

said Lysander Taylor deceased, that the same was duly

executed and attested that the said Testator at the

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 119)

[page 119]

[corresponds to page 59 of Delaware County Will Records Vol. 7 1883-1887]


59

Lysander Taylor's Will

time of signing the same, was of lawful age of sound

and disposing mind and memory and under no

undue or unlawful restraint whatsoever. It is therefore

by the Court ordered that the said Will be admitted to

probate and that the same together with the testimony

of the witnesses above named be entered of record in this

Court. And afterwards on the same day personally appeared

in open Court Harriet B. Taylor widow of Lysander Taylor

deceased, and made known therein her election to take

under the provisions of the Will of her said deceased husband

Whereupon the Court explained to her the provisions of said

Will and her rights under it also her right under the law

and she declared herself satisfied with the provisions of said

Will and asked that her election to take under said Will

might be entered upon the Journal of the which is accor-

dingly done

Rufus Carpenter

Probate Judge

Copy of Will

To all whom it may concern, I Lysander of Orange Town-

ship Delaware County Ohio, do make and publish this

my last Will and Testament

Item 1st I do hereby appoint my beloved wife

Harriet B. Taylor Guardian of all my children until they

arrive at the age of Twenty one years.

Item 2nd I do hereby appoint my wife Harriet B. Taylor

Executrix of my whole estate, to pay off all my just

and lawful debts and collect all claims due me.

And I do give and bequeath unto my wife all

the property I have after my debts are paid both Real

Estate and personal property to be used and disposed of

for her benefit and the raising and education of my

children as she may think best.

In testimony whereof I have hereunto set my hand

and seal this Twenty-seventh of Oct A.D. 1876

Lysander Taylor {SS}

Signed and acknowledged by said Lysander Taylor as his

last Will and Testament in our presence, and signed by us

in his presence

J.B. Hunt

Milo Patterson

A.N. Hamlin

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 120)

[page 120]

[corresponds to page 60 of Delaware County Will Records Vol. 7 1883-1887]


60

Lysander Taylor's Will

The State of Ohio }

Delaware County } SS

J.B. Hunt being duly sworn, says that

he was well acquainted with A.M. Hamlin who is now

deceased, that he was well acquainted with the hand-

writing of the said A.N. Hamlin, having often seen him

write that the signature A.N. Hamlin as subscribing witness

to the last Will and Testament of Lysander Taylor deceased

is in his own proper hand writing and signature of the said

A.N. Hamlin who at the date of said Will was in full

life and resided in Westerville Franklin County

J.B. Hunt

Sworn to before me and subscribed in my presence this 26th

day of July A.D. 1884

Rufus Carpenter

Probate Judge


Probate of Will

The State of Ohio } In Probate Court

Delaware County }SS

Personally appeared in open Court J.B.

Hunt and Milo Patterson the surviving subscribing witness

to the last Will and Testament of Lysander Taylor late

of Orange Township in said County of Delaware deceased

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

the whole truth and nothing but the truth in relation to

the execution of said Will deposes and says: That the

paper before them bearing date the 27th day of October

1876 purporting to be the last Will and Testament of

Lysander Taylor now deceased is the Will of said deceased

Lysander Taylor, that they were present at the execution

of said Will and at the request of the Testator respectively

subscribed their names to the same as witnesses in his

presence and that they saw the said Lysander Taylor

deceased sign and seal said Will and heard him acknowl-

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

the said Lysander Taylor at the time of making, signing

and sealing said Will was of full age of sound mind

and memory and not under any restraint

J.B. Hunt

Milo Patterson

Subscribed to and sworn to by said witnesses, in open Court

this 26th day of July A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 121)

[page 121]

[corresponds to page 61 of Delaware County Will Records Vol. 7 1883-1887]


61

Abraham Peters Will.

June 14" 1884

Journal Entry of filing

In the matter of the Will of }

Abraham Peters deceased }

This day an instrument of writing

purporting to be the last Will and Testament of Abraham

Peters late of Oxford Township in this County deceased

was produced in open Court for probate and it appearing

to the Court that the said Will had not been deposited

in this Court before the death of the Testator, it is now

ordered that the said Will be filed in this Court and that

due notice thereof and of the application to admit the

same to probate and record be given by Oscar Peters to

Selina Harriet, Bell R Stevens, Mary Peters, and Isabella

Peters residents of the State of Ohio that said application

will be for hearing before this Court on the 21st day of

June A.D. 1884 at 10 oclock A.M. to which time this

matter is continued.

Rufus Carpenter

Probate Judge

June 21" 1884

Journal Entry of probate

Be it remembered that heretofore on the 14" day of June

A.D. 1884 an instrument of writing purporting to be

the last Will and Testament of Abraham Peters late

of Oxford Township this County deceased was produced

in open Court for probate and was then filed. And it

now being shown to the satisfaction of the Court that due

notice of the filing of said Will and of the application

to admit the same to probate and recording this Court

has been given to Selina Harriet. Bell R. Stevens. Mary

Peters and Isabelle Peters. next of kin to the Testator

pursuant to a former order of this Court therefore on

this day came John Waddell and Lyman P. Wood

the subscribing witnesses to said Will who being duly

qualified to the due execution and attestation of said

Will, which testimony was reduced to writing by them

respectively subscribed and filed with said Will Whereupon

the Court finds that the aforesaid instrument of writing

is the last Will and Testament of the said Abraham

Peters deceased, that the same was duly executed

and attested, that the said Testator at the time of

signing the same was of lawful age, of sound and

disposing mind and memory and under no undue

or unlawful restraint whatsoever. It is therefore by the

Court ordered that said Will be admitted to probate

and that the same together with the testimony of the

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 122)

[page 122]

[corresponds to page 62 of Delaware County Will Records Vol. 7 1883-1887]


62

Abraham Peters Will

witnesses above named be entered of record in this Court

This day personally appeared in open Court Isabella

Peters widow of Abraham Peters deceased and made

known therein her election to take under the provisions

of the Will of her said deceased husband. Whereupon

the Court explained to her the provisions of said Will and

her rights under it, also her rights under the law and

she declared herself satisfied with the provisions of said

Will and asked that her election to take under said

Will might be entered upon the Journal of said Court

which is accordingly done.

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of All, I

Abraham Peters of the County of Delaware and State

of Ohio, do make, publish and declare my last Will

and Testament to be as follows:

Item 1st The payment of All my just debts out of my

Estate

Item 2" I give and bequeath to my wife Isabella Peters

All my money and personal Goods and use of and

control of All my Real Estate, as long as she shall

live and delegate to her the right to sell any or all

my personal effects and pay debts etc in case she survives

me

Item 3d After my death and the death of my wife, it is

my will that my lawful children, heirs according to

the Statutes of the State of Ohio viz: that they all have

an equal share of all my effects moneys, credits, personal

effect and real estate

Abraham Peters {Seal}

Signed, sealed and acknowledged by Abraham Peters

in our presence to be his last Will and Testament and

signed by us in his presence this the 13" day of February

A.D. 1883.

John Waddle

Witnesses Lyman P. Wood

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 123)

[page 123]

[corresponds to page 63 of Delaware County Will Records Vol. 7 1883-1887]


63

Abraham Peters' Will

Probate of Will

The State of Ohio } In Probate Court

Delaware County }SS

Personally appeared in open Court

John Waddel and Lyman P. Wood the subscribing

witnesses to the last Will and Testament of Abraham

Peters late of Oxford Township in said Delaware

County, deceased, who being duly sworn according

to law, to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution of

said Will depose and say: That the paper before

them bearing date the 13" day of February A.D. 1883

purporting to be the last Will and Testament of Abra-

ham Peters now deceased is the Will of said deceased,

Abraham Peters that they were present at the execution

of said Will and at the request of the Testator respect-

ively subscribed their names to the same as witnesses

in his presence, that they saw the said Abraham Peters

deceased sign and seal said Will and heard him

acknowledge the same to be his last Will and Testament

and that the said Abraham Peters at the time of

making, signing and sealing said Will, was of full

age of sound mind and memory, and under no

unlawful restraint

John Waddle

Lyman P. Wood

Sworn to and subscribed by said witnesses, in open

Court, this 21" day of June A.D. 1884

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 7 1883-1887 (p. 124)

[page 124]

[corresponds to page 64 of Delaware County Will Records Vol. 7 1883-1887]


64

Richard Fry's Will

June 18th 1884

Journal Entry of filing

This day an instrument of writing purporting to be the last

Will and Testament of Richard Fry late of Concord

Township in this County deceased, was produced in open

Court for probate, and it appearing to the Court that said

Will had not been deposited in this Court before the death

of the Testator, it is now ordered that the said Will be

filed in this Court and that due notice of the filing

and of the application to admit the same to Probate

and Record be given by Susan Fry, Frank Richard

Fry, Albert J. Fry, Mary J. Fry, Lucy A. Fry, William B.

Fry, Charles H. Fry and William R. Cox next of kin of

the Testator resident of the State of Ohio that said ap-

plication will be for hearing before this Court on the 21st day

of June A.D. 1884 at 10'oclock A.M. to which time this

matter is continued

Rufus Carpenter

Probate Judge

June 21st 1884

Journal Entry of probate

Be it remembered that heretofore to wit: on the 18th day of

June A.D. 1884 an instrument of writing purporting to be

the last Will and Testament of Richard Fry late of

Concord Township this County deceased was produced in

open Court for probate and was then filed. And it not

being shown to the satisfaction of the Court that due

notice of the filing of said Will and of the application

to admit the same to probate and record in this Court

has been given to Susan Fry, Frank R. Fry, Albert J. Fry,

Mary J. Fry, Lucy A. Fry, William B. Fry, Charles H. Fry

and William R. Cox next of kin of the Testator pursu-

ant to a former order of this Court therefore on this day

came William Fry and R. McCurry the subscribing wit-

nesses to said Will who, being duly qualified testified to

the due execution and attestation of said Will which

testimony was reduced to writing by them respectively

subscribed and filed with said Will. Whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said deceased, that the same

was duly executed and attested, that the said Testator

at the time of signing the same was of lawful age, of

sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever. It is there-

fore by the Court ordered that the said Will be admitted

to probate and that the same together with the testimony

of the witnesses above named be entered of record in

this Court Rufus Carpenter

Probate Judge