Delaware County Ohio Will Records Vol. 8 1887-1890

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Will

Record

8

1887-1890



ROLL DATE

5 SEP 4 1959
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MICRO FILM

3 Sept 09
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Benson Harriet 20

Boyd Henry 85

Bartholomew Milton 154

Behrens John 158

Bunyan Margaret E. 257

Battenfield Elias 281 Case 4449

Burgess Bridget 363

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Cole Hugh 45

Cockrell Louisa 55

Craig Elnathan R. 69 Case No 4174

Chambers Martha S. 81

Carter Hugh 136

Carpenter Lyman 339

Cornell Permelia 404

Crumb James H. 467 Case 4656

Cantwell James 476

Catlin Lynde 508 Case 4698
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Dudgeon Nancy 96. Case No 4200

Dent E. H. 263

Dorst Henry 277

Dutton Amanda 360

Davies James W. 472

Debolt Mariah 489 Case No 4681

Davies Mary 493
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Evans Jonas G. 129 Case No. 4223

Evans Thomas, Jr. 182

Edwards Thomas 269

Evans Edward 272

Evans Isabella 321

Evans William 355
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Fuller Abner M. 38

Fritz Joshua B. 125 Case No. 4230

Franklin Richard 240 Case No. 4369

Frost Rhoda Maria 301

Felkner L. Baner 347

Flanegin William M. 415
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Glover Eliza T. 49

Galleher Nudeget J. 254

Galbreath Hannah J. 305

Gifford George A. 336

Gillies Mariah 365

Griffiths David R. 421

Gillet Harvey 503

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Hanawalt Lucy A 229

Highwarden Abram 296

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Jones Lewis R. 165

Jennings Robert E. 381

Johnson Elizabeth 394

Jones Thomas (Franklin Co. Ohio) 445 Case 4638

Joy Thomas F. 463
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Kimble John 161

Klein Joshua 244

Kirchner Christopher 315
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Lloyd John 28

Lea Benjamin, 147

Leitner Michael 224

Lampman James 247

Landon Emilia 260 Case 4414

Lloyd Abraham 385 Case 4550

Lowry Samuel 449
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Moore Burton 100

Moore George 168

Moses Russel B. 186

Maloney Thomas Francis 275

Marriott Randolph R. 343 Case No 4518

Martin Charles H. 373

Miller Thomas G. 439
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McCreary William 6

McCarty Patrick 16 Case No 4131

McCammon John 91 " " 4180

McMaster Benjamin 150

McMorran Samuel J 200

McDonald Thomas 309

McVay Margaret 351

McElroy John 388

McDaniel Matthew G. 443 Case 4639

McDaniel Cynthia R. 443 Case 4639

McCarty Ralph 459

McDowell Jno O. 484

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Newhouse S. W. 172

Nutt John C. 286
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Oesterle Frederick 215
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Prichard Margaret 1

Page Roswell 12

Ports Absalom 331

Potter Cornelia 426

Penry David 454

Pierce Harriet R. 480 Case 4647
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Roberts John 107

Roberts Ann 211

Ross David S. 233

Robinson Owen 303

Rathbone Johm 312 Case 4465
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Sager William 32 Case No 4141

Stark David A. 53 Case No 4159

Smith William 61

Seely Thadeus O. 65

Stern James 78

Sping Absalom 143 Case No 4271

Stabler M Aletha 192

Spohn Solomon W. 237

Sackrider Harriet 327

Smith Betsey 377

Scott Margaret E. 410
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Turner Albert 368

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Van Deman Sarah 118

Vansickle Isaac 250 Case No 4398
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Wilcox Martin 24

Williams Rees 73

Welch Augustus A. 113

Whyte Robert Alfred 59

Williams John D. 176

Wilson John 188

Wollam Peter 207

Waterman Louisa 291

Worline Abraham 398

Welch Sallie 431 Case 4618

Wood Joel B. 436 Case 4617

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Young Lydia E. 196
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1

Margaret Prichard's Will.

Journal Entry.

March 22d. 1887.


In the matter of the Will }

of Margaret Prichard, deceased. } In Probate Court.

This day, an instru

ment of writing, purporting to be the last Will and

Testament of Margaret Prichard, late of Radnor Town-

ship, in this County, deceased, was produced in

open Court for Probate; On consideration whereof,

it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the ap-

plication to admit the same to probate and record, be

given to William Prichard, David L. Prichard,

Wm W. Prichard, John Prichard, Benj Prichard,

Gomer Prichard, Sarah Jones, Ella Long, Anna

Prichard, Margaret Prichard, William Griffiths

& Millie Griffiths heirs and next of kin of the

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

plication will be for hearing before this Court on the

1st day of April A.D. 1887, at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

Notice to Heirs

The State of Ohio } ss In Probate Court

Delaware County }


In the matter of the last Will

and Testament of Margaret Prichard, deceased.

To Wil-

liam Prichard, David L. Prichard, Wm W. Prichard

John Prichard, Benj. Prichard, Gomer Prichard,

Sarah Jones, Ella Long, Anna Prichard, Mar-

garet Prichard, William Griffiths and Millie Grif-

fiths.

You are hereby notified that on the 22nd day

of March A.D. 1887 an instrument of writing, pur-

porting to be the last Will and Testament of Marga-

ret Prichard late of Radnor Township, in said Coun-

ty, deceased, was produced in open Court, and an

application to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 1st

day of April A.D. 1887, at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 22nd day of March

A.D. 1887
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2

Margaret Prichard's Will

Return

The State of Ohio } ss

Delaware County }

Jno. A Cone being duly sworn,

says that on the 25 day of March, A.D. 1887, he

served the within notice to the within named Wm

Prichard, Anna Prichard, Maggie Prichard, Gomer

Prichard, Ella Cox, David L. Prichard, Sarah

Jones, Benj. Prichard, John Prichard and Wm. W.

Prichard.

Jno. A Cone

Subscribed in my presence and sworn to before me this

1st day of April 1887.

Rufus Carpenter

{Seal} Probate Judge


We the undersigned persons within name hereby ac-

knowledge service of the within notice this -- day of

March A.D. 1887.

Wm. Prichard David L. Prichard

Anna Prichard Sarah Jones

Maggie Prichard Benj. Prichard

Gomer Prichard John Prichard

Ellie Cox


Probate of Will


The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court

D. G. Edwards and John A. Cone the subscribing wit-

nesses to the last Will and Testament of Margaret Prich-

ard late of Radnor Township in said Delaware County

deceased who being duly sworn according to law to speak

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

in relation to execution of said Will, depose and Say:

That the paper before them bearing date the 6th day of

December A.D. 1886 purporting to be the last Will and

Testament of Margaret Prichard now deceased, is the

Will of said deceased. Margaret Prichard 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 Margaret Prichard deceased, sign and seal said

Will and heard her acknowledge the same to be her last

Will and Testament and that the said Margaret Prich-

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

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 69)

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3

Margaret Prichard's Will

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

under any restraint.

D. G. Edwards

Jno. A. Cone.

Sworn to and subscribed by said witnesses, in open

Court, this 1st day of April A. D. 1887.

Rufus Carpenter

{Seal} Probate Judge

Journal Entry

April 1st 1887

In the matter of the Will of } ss

Margaret Prichard, deceased. }

Be it remembered, that

heretofore, to-wit: on the 22d day of March A.D. 1887,

an instrument of writing, purporting to be the last

Will and Testament of Margaret Prichard, late of

Radnor Township, in this County, deceased, was produced

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

being shown to the satisfaction of the Court, that due

notice of the filing of said Will, and of the applica-

tion to admit the same to probate and record in this

Court has been given to Wm Prichard, Anna Prich-

ard, Maggie Prichard, Gomer Prichard, Ella Cox

David L Prichard, Sarah Jones Benj. Prichard,

John Prichard and Wm W. Prichard heirs and next of

kin of the Testatrix resident of the State of Ohio,

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

this day came to D. G. Edwards and Jno. A. Cone, the

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Margaret Prichard, deeceased. That the same was

duly executed and attested, and that the said Testa-

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

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

not under any restraint. This, therefore, by the Court

ordered that the said Will be admitted to probate, and

that the same, together with the testimony of the wit-

nesses above named, as well as the proceedings had there-

on, be entered of record in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 70)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 70)

Description

[page 70]

[corresponds to page 4 of Delaware County Will Records Vol. 8 1887-1890]


4

Margaret Prichard's Will

Copy of Will


In the name of the Benevolent Father of All,

Amen:

I Margaret Prichard, wife of William Prich-

ard, of Radnor Township, Delaware County. Ohio

being of sound and disposing mind and memory do make

and publish the following as my last Will and Testa-

ment.


Item First I give devise and bequeath to my beloved husband Wil-

liam Prichard the certain parcel of land consisting of

about three and one half (3 1/2) acres situated in Radnor

township, Delaware County, Ohio, and adjoining the

Lot in the Village of Radnor. Ohio, on which we

now reside, to be by him occupied and used during his

natural lifetime: And also. I give and bequeath to

my said husband the interest or income arising from

my personal estate, consisting of about Two Thousand

Dollars, more or less, in money and credits, said

interest or income to be by him used for his comfort

and support during his natural lifetime, but no part of

said principal is to be by him used: And I direct that my

said husband shall keep in repair the fence about the

lot on which we now live, for the benefit of my daughter

Anna, out of said income, during his lifetime.


Item Second. I give devise and bequeath to my daughter

Anna Prichard the House lot, office to which I own in

the Village of Radnor Delaware County, Ohio

with all the privileges and appurtenances thereunto be-

longing. And I request my said daughter Anna to

remain and keep house for her father and furnish him

a home either in said house or otherwise so long as he

lives and remains a widower.


Item Third: I give and bequeath to each of my two daughters

Anna and Margaret one bed, including feather bed

pillows, bed clothes &c for each of said Beds:



Item Fourth: I give devise and bequeath to my several children

my legal heirs all the rest and remainder of my

estate, personal and real, that may remain after the

death of my said husband excepting the said house

and lot above devised to my said daughter Anna, and

said Beds &c bequeathed to my said two daughters

Anna and Margaret to be shared and divided among

them, share and share alike.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 71)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 71)

Description

[page 71]

[corresponds to page 5 of Delaware County Will Records Vol. 8 1887-1890]


5

Margaret Prichard's Will


Item Fifth: I hereby nominate and appoint my said hus-

band William Prichard Executor of this my

last Will and Testament without Bond and direct

that there be no appraisement nor sale of any

part of my estate, during the life time of my

said husband and no inventory of the same ex-

cepting that I desire my said husband to file

in the Probate Court a schedule of my money

and credits, to be prepared by him without the

formality of the appointment of Appraisers. by the

Court.

I hereby revoke all former Wills by me

made, and declare the foregoing to be my last Will

and Testament.

Witness my signature and seal this

6" day of December in the year of our Lord one Thous-

and Eight Hundred & Eighty Six.

her

Margaret X Prichard

mark

Signed by the said Margaret Prichard in our pres-

ence, and by her declared to be her last will and testa-

ment in our hearing, and signed by us, at her request,

as witnesses, in her presence and in the presence of

each other, on said December 6" A.D. 1886.

D.G. Edwards

Jno. A. Cone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 72)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 72)

Description

[page 72]

[corresponds to page 6 of Delaware County Will Records Vol. 8 1887-1890]


6

William McCreary's Will.

Journal Entry.

April 7 1887.

In the Matter of the Will of } In Probate Court.

William McCreary, deceased. }

This day, an instru-

ment of writing, purporting to be the last Will and

Testament of William McCreary, late of Porter

Township, in this County, deceased, was produced

in open Court for Probate; On Consideration

whereof, it is ordered that the said Will be filed

in this Court, and that due notice therefo, and of

the application to admit the same to probate and

record, be given to Caroline McCreary, widow, and

Dianna E. McCreary and Oscar McCreary heirs

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

of Ohio, that said application will be for hearing

before this Court on the 12" day of April A.D.

1887, at 10 o'clock A.M.,

Rufus Carpenter

Probate Judge


Notice to Heirs.

The State of Ohio } SS In Probate Court

Delaware County }

In the Matter of the last Will of

and Testament of William McCreary, deceased.

To

Caroline McCreary, Dianna McCreary and

Oscar McCreary.

You are hereby notified that

on the 7" day of April, A.d. 1887, an instrument

of writing purporting to be the last Will and Testa-

ment of William McCreary, late of Porter Town-

ship, in said County deceased, was produced in

open Court, and an application to admit the same

to probate was on the same day made in said

Court. Said application will be for hearing before

this Court on the 12" day of April A.D. 1887,

at 10 o'clock A.M.,

Rufus Carpenter

{seal} Probate Judge


Dated at Delaware Ohio, this 7" day of April

A.D. 1887
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 73)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 73)

Description

[page 73]

[corresponds to page 7 of Delaware County Will Records Vol. 8 1887-1890]

7

William McCreary's Estate

Return.


The State of Ohio } ss

Delaware County }

Charles Wilcox being duly

sworn, says that on the 7" & 11" days of April,

A.D. 1887, he served the within notice by delivering

a true copy thereof to the within named Caro-

line McCreary, Dianna McCreary & Oscar

McCreary.

Charles Wilcox

Subscribed in my presence and sworn to before me

this 12" day of April. 1887.

Rufus Carpenter

{seal} Probate Judge

I the undersigned person within named hereby

acknowledge service of the within notice this 7" day

of April A.D. 1887.

Baker T. McCreary

Journal Entry.

April 12" 1887.

In the Matter of the Will of }

William McCreary, deceased. }

Be it remembered, that

heretofore to-wit: on the 7th day of April. A.D. 1887,

an instrument of writing, purporting to be the last

Will and Testament of William McCreary late

of Porter 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 Caroline McCreary, Diana McCreary and

Oscar McCreary, heirs and next of kin of the

Testator, resident of the State of Ohio pursuant to

a former order of this Court. ~ And it appearing

that A.J. Roberts, and Alvira Tims the subscrib

ing witnesses to said Will, are residents of Sparta

Morrow County Ohio, and are without the juris-

diction of this Court, it is therefore ordered that a

commission with the Will annexed issue herein to

Henry Weaver, Sparta, Morrow County Ohio

directing him to take the deposition of said sub-

scribing witnesses and return the same duly certified
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 74)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 74)

Description

[page 74]

[corresponds to page 8 of Delaware County Will Records Vol. 8 1887-1890]


8

William McCreary's Estate

with all convenient speed, to this Court

Rufus Carpenter

Probate Judge


Commission


To Take Testimony of Witness to Will.


The State of Ohio } ss

Delaware County }

To Henry D. Weaver, 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 A.J. Roberts and Alvira Tims, subscribing

witnesses to the last Will and Testament of William

McCreary 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 A.J.

Roberts & Alvira Tims to be brought before you,

and then and there to examine them on oath or affirm

ation first taken before you, touching the due execu-

tion of said Will of the said William McCreary

and that you reduce such examination to writing,

and return the same, together with this Commission

and the Will of the said William McCreary

thereto annexed, closed up under you 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 12" day

of April A.D. 1887.

{seal} Rufus Carpenter

Probate Judge


Copy of Will.


In the name of the Benevolent Father of All:

I William McCreary of Porter Township, Dela-

ware 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 Situate

in Porter Township, Delaware County Ohio.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 75)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 75)

Description

[page 75]

[corresponds to page 9 of Delaware County Will Records Vol. 8 1887-1890]


9

William McCreary's Will

Containing about One Hundred Acres of Land

during her natural life and all the Stock house-

hold goods furniture provision and other goods and

Chattels which may be thereon at the time of

my decease during her natural life as aforesaid.

(She however selling so much thereof as may be

sufficient to pay my just debts - and should

the use of the Estate aforesaid be insufficient for

the maintenance of my said wife then and in

that case she is hereby empowered to sell and

make use of so much of the personal estate as

will be necessary for her comfortable support.


Item 2nd At the death of my said wife I devise and bequeath

to my daughter Diana E. McCreary and my

son Oscar McCreary my entire estate both

Real and personal in the manner following to wit.

Divided so and in such a manner that my daugh-

ter Diana E. McCreary shall have in excess of

my son Oscar McCreary in the sum of five hun-

dred dollars, that is to say - that five hundred

dollars shall be taken out of said estate and given

to my daughter Diana E. McCreary - and the resi-

due divided equal between said devisees.


Item 3rd I do hereby nominate and appoint my said wife Car-

oline McCreary Executrix of this my last will and

Testament thereby authorizing and empowering her to

compromise - adjust. Release and discharge in such

manner as she may deem proper the debts and claims

due me. I do also authorize and empower her if it

shall become necessary in order to pay my debts to

sell by private sale or in such manner upon such

terms of credit or otherwise as she may think proper:

all or any part of my Real Estate and Deeds to

purchasers to execute acknowledge and deliver in fee

simple.

I desire that no appraisement and no sale of

my personal property be made and that the Court

of Probate direct the omission of the same in pur-

suance of the Statute.

In testimony hereof I have

hereunto set my hand and seal this eleventh day

of December A.D. 1874.

William McCreary {Seal}

Signed and acknowledged by said William McCreary as

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

in his presence.

A.J. Roberts

Alvira Tims
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 76)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 76)

Description

[page 76]

[corresponds to page 10 of Delaware County Will Records Vol. 8 1887-1890]


10

William McCreary's Will

Deposition of Witness to Will


The State of Ohio } ss

Morrow County }

In the matter of the last Will and

Testament of William McCreary.

Personally appeared

before me Henry Weaver Commissioner, A.J. Rob-

erts and Alvira Tims subscribing witnesses to the last

Will and Testament of William McCreary late of

Porter Township in said Delaware County, deceased,

who being by me first duly sworn according to law,

to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will

depose and say. That they were present at the exe-

cution of the paper before them bearing date the 11"

day of December, A.D. 1874, purporting to be the

last Will and Testament of William McCreary now,

deceased, whose name is signed at the end thereof,

and at the request of said deceased they subscribed

their names to the same as witnesses in his presence;

that they saw the said William McCreary sign

and seal said Will, and heard him acknowledge the

same to be his last Will and Testament, and that

the said William McCreary at the time of mak-

ing, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint

and that the said William McCreary is now

dead.

A.J. Roberts

Alvira Tims

The State of Ohio } ss

Morrow County }

I, Henry D. Weaver, duly ap-

pointed and commissioned by the Judge of the Probate

Court, of the County of Delaware and the State of

Ohio, to take the testimony of A.J. Roberts and

Alvira Tims subscribing witnesses to the late Will

and Testament of William McCreary, deceased, late a

resident of said County and State, which Commis-

sion, and the said Will are hereto annexed, do hereby

certify that in pursuance of said Commission I

caused the above named A.J. Roberts and Alvira

Tims subscribing witnesses as aforesaid to appear be-

fore me, at Sparta on the 16th day of April 1887.,

that they were first duly sworn by me, according

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

nothing but the truth; that I examined them in
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 77)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 77)

Description

[page 77]

[corresponds to page 11 of Delaware County Will Records Vol. 8 1887-1890]


11

William McCreary's Will

relation to the execution of said Will, and reduced

their testimony to writing as above set forth in

their presence and that they signed the same

in my presence, and I further certify that I

am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise in-

terested in the Probate thereof.

In witness whereof

I have hereunto set my hand, this 16th day of

April A.D. 1887.

H.D. Weaver

Commissioner


Journal Entry

April 19" 1887.

In the Matter of the Will of }

Wiliam McCreary, deceased }

The commission heretofore

issued herein to take the testimony of Alvira Tims

and A.J. Roberts the subscribing witnesses to the

Will of said William McCreary, deceased, was

this day returned duly executed, and the same

was filed herein. And it appearing to the Court

from the testimony so taken that the said Will

was duly executed and attested, and that at the time

of executing the same the Testator was of full age,

and of sound mind and memory, and not under any

restraint, the Court now admit the said Will to

probate, and order the same, together with the testi-

mony so taken, to be recorded according to the statute

in such cases made and provided.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 78)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 78)

Description

[page 78]

[corresponds to page 12 of Delaware County Will Records Vol. 8 1887-1890]


12


Roswell Page's Will

Journal Entry

April 11" 1887


In the matter of the Will } In the Probate Court

of Roswell Page, deceased } of Delaware County, O.


This day, an instrument of writing purporting to be

the last Will and Testament of Roswell Page, late

of Porter Township in this County, deceased, was

produced in open Court for Probate. On consideration

Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of

the application to admit the same to probate and record,

be given to Harmon Page, Sarah J. Davy, Mary

A. Robinson. Ann E Goare, Martha E. Riggle

and John Chase heirs and next of kin of the Testa-

tor, resident of the State of Ohio, that said appli-

cation will be for hearing before this Court on the

21st day of April. A.D. 1887 at 10 o'clock A.M.

Rufus Carpenter

Probate Judge


Notice to Heirs

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will

and Testament of Roswell Page, deceased.

To Harmon

Page Sarah J. Davy, Mary A. Robinson, Annie

E. Goare, Martha E Riggle and John Chase.

You are hereby notified that on the 11" day of

April A.D. 1887, an instrument of writing, purport-

ing to be the last Will and Testament of Roswell Page

late of Porter Township, in said County, deceased, was

produced in open Court, and an application to ad-

mit the same to probate was on the same day made

in said Court. Said application will be for hearing

before the Court on the 21" day of April. A.D. 1887.

at 10 o'clock A.M.

Rufus Carpenter

{Seal} Probate Judge


Dated at Delaware Ohio, this 11" day of April

A.D. 1887.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 79)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 79)

Description

[page 79]

[corresponds to page 13 of Delaware County Will Records
Vol. 8 1887-1890]


13



Roswell Page's Will.

Return

The State of Ohio } ss

Delaware County }

Perry F. Page being duly sworn

says that he served the within notice by delivering

a true copy thereof to the within named Harmon

Page, April 12" Mary A. Robinson April 13" Annie

E. Guare, April 18" 1887, and that John Chase in-

dorsed his acknowledgment of service herein April 20.

1887.

P.F. Page

Subscribed in my presence and sworn to before me

this 21st day of April. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge

I the undersigned person within named hereby ac-

knowledge service of the above notice.

John Case.


Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County

Personally appeared in open Court

W.R. Galpin and L.D. Chambers, the subscribing

witnesses to the last Will and Testament of Ros-

well Page late of Porter Township in said Delaware

County, deceased, who being duly sworn according

to law, to speak the truth, the whole truth and noth-

ing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them

bearing date the 9' day of March A.D. 1887, pur-

porting to be the last Will and Testament of Roswell

Page now deceased, is the Will of said deceased

Roswell Page, that they were present at the ex-

ecution of said Will, and at the request of the Tes-

tator, respectively subscribed their names to the same

as witnesses, in his presence; that they saw the

said Roswell Page deceased sign and seal said Will

and heard him acknowledge the same to be his last

Will and Testament, and that the said Roswell Page

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

was of full age, of sound mind and memory, and not un-

der any restraint.

W.R. Galpin

S.D. Chambers

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 80)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 80)

Description

[page 80]

[corresponds to page 14 of Delaware County Will Records Vol. 8 1887-1890]


14

Roswell Page's Will.

Sworn to and subscribed by said witnesses, in open

Court, this 21st day of April, A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

April 21" 1887.


In the Matter of the Will }

of Roswell Page, Deceased }

Be it remembered, that here-

tofore, to-wit: on the 11" day of April. A.D. 1887. an

instrument of writing, purporting to be the last Will

and Testament of Roswell Page late of Porter Township

in this County, deceased, was produced in open Court

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

shown to the satisfaction of the Court, that due no-

tice of the filing of said Will, and of the application

to admit the same to probate and record in this Court

has been given to Harmon Page, Sarah J. Davy

Mary A. Robinson, Ann E. Goare, Martha E.

Riggle and John Chase heirs and next of kin of the

Testator, resident of the State of Ohio, pursuant to

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

came W.R. Galpin and L.D. Chambers the subscrib-

ing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Roswell Page, deceased. That the same was

duly executed and attested; and that the said Testator

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

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

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of

the witnesses above named, as well as the proceed-

ings had thereon, be entered of record in this Court

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 81)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 81)

Description

[page 81]

[corresponds to page 81 of Delaware County Will Records Vol. 8 1887-1890]

Roswell Page's Will. 15

Copy of Will.


In the name of the Benevolent Father of All: I Ros-

well Page of Porter Township, Delaware County,

Ohio, do make and publish this my last Will and Tes-

tament:

Item 1st: I do hereby give and bequeath to my son, Harmon Page,

and to my daughters, Sarah Jane Davy and Mary Olivia

Robinson, each one thousand ($1000.00) Dollars.

Item 2nd: I give and bequeath to my grandson, John Chase twen-

ty five ($25.00) Dollars.

Item 3rd: I give and devise to my daughter Anna Eliza Goare and

her heirs the property in which Perry F. Page now lives,

consisting of town lots in the Village of Olive Green,

Delaware County, Ohio and about four acres of land ad-

joining, with the appurtenances thereunto belonging, ex-

cept the barn which is devised herein to Perry F. Page.

Item 4th: I give and devise to my daughter Martha Ellen Rig-

gle and her heirs, sixteen acres of land off of the south

side of my farm in Porter Township, Delaware County,

Ohio, being the same property on which Ellis Riggle and

said Mary Ellen Riggle now live.

Item 5th: I give and devise to my son Perry F. Page and his heirs

the south half of the remainder of said farm in Porter

Township: being that part lying directly north of that

devised to Martha Ellen Riggle and consisting of about

twenty five acres of land. I also give and devise to said Perry

F. Page the barn situated on the premises on which we

now live and authorize and empower him to enter on said

premises after my demise and remove the same.

Item 6th: I give and devise to my son John W. Page and his heirs

the north half of the remainder of said farm in Porter

Township not devised to Martha Ellen Riggle: being the

north side of my said farm and consisting of about twenty -

five acres of land.

It is my desire that Perry F. Page and John W. Page

each take the same number of acres whether it be that num-

ber designated above or not.

Item 7th: I do hereby nominate and appoint Perry F. Page executor of

this my last Will and Testament.

I do hereby revoke all former Wills by me

made.

In testimony hereof I have hereunto set my hand and seal

this ninth day of March in the year 1887.

Roswell Page {seal}

Signed and acknowledged by the said Roswell Page, in our presence,

and signed by us in his presence.

W. R. Galpin

S. D. Chambers
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 82)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 82)

Description

[page 82]

[corresponds to page 16 of Delaware County Will Records Vol. 8 1887-1890]


16

Patrick McCarty's Will

Journal Entry.

April 23d 1887.

In the Matter of the Will } In the Probate Court of

Of Patrick McCarty Decd } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Patrick McCarty, late

of Liberty Township in this County, deceased, was

produced in open Court for Probate; On Consid-

eration Whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and

of the application to admit the same to probate and

record, be given to Johannah Collins, Michael Mc-

Carty, John McCarty, Maggie Swope, Ella

Earhart, Patrick McCarty and Carry McCarty

heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for hear-

ing before this Court on the 28" day of April A.

D. 1887 at 2 o'clock P.M.

Rufus Carpenter

Probate Judge

Notice to Heirs.

The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and

Testament of Patrick McCarty, deceased.

To Johannah

Collins Michael McCarty, John McCarty, Mag-

gie Swope, Ella Earhart, Patrick McCarty and Barry

McCarty:

You are hereby notified that on the 23d day

of April A.D. 1887, an instrument of writing, purport-

ing to be the last Will and Testament of Patrick Mc-

Carty, late of Liberty Township in said County, deceased,

was produced in open Court, and an application to ad

mit the same to probate was on the same day made

in said Court. Said application will be for hearing

before this Court on the 28" day of April A.D. 1887,

at 2 o'clock P.M.

Rufus Carpenter

Probate Judge


Dated at Delaware Ohio, this 23d day of April A.

D. 1887.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 83)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 83)

Description

[page 83]

[corresponds to page 17 of Delaware County Will Records Vol. 8 1887-1890]


17

Patrick McCarty's Will.

Return.

The State of Ohio } ss

Delaware County }

Johannah McCarty being duly

sworn, says that on the 23d day of April A.D. 1887,

she served the within notice by delivering a true

copy thereof to the within named Johannah Collins,

Michael McCarty, John McCarty, Maggie Swope,

Ella Earhart, Patrick McCarty and Carry Mc

Carty
her

Johannah x McCarty

mark

Subscribed in my presence and sworn to before me this

28" day of Apr. 1887.

Rufus Carpenter

{Seal} Probate Judge


Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open

Court George P. Webster and George W. Reichelderfer

the subscribing witnesses to the last Will and Testa-

ment of Patrick McCarty, late of Liberty Township

in said Delaware County, deceased, who being duly

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

truth, and nothing but the truth, in relation to the ex-

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

before them bearing date the 14th day of April A. D.

1887, purporting to be the last Will and Testament of

Patrick McCarty, now deceased, is the Will of said

deceased, Patrick McCarty, 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 Patrick McCarty deceased sign and seal

said Will, and heard him acknowledge the same to

be his last Will and Testament, and that the said

Patrick McCarty 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 P. Webster

Geo. W. Reichelderfer
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 84)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 84)

Description

[page 84]

[corresponds to page 18 of Delaware County Will Records Vol. 8 1887-1890]


18

Patrick McCarty's Will.

Sworn to and subscribed by said witnesses, in open

Court, this 28" day of April A.D. 1887.

Rufus Carpenter
{Seal}
Probate Judge


Journal Entry.

April 28" 1887.


In the Matter of the Will of }

Patrick McCarty, Deceased }

Be it remembered

that heretofore, to-wit: on the 23d day of April A.

D. 1887, an instrument of writing purporting to be

the last Will and Testament of Patrick McCarty

late of Liberty Township, in this County, deceased

was produced in open Court for probate, and was

then filed. And, it now being shown to the satis-

faction 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

Johannah Collins, Michael McCarty, John Mc

Carty, Maggie Swope, Ella Earhart, Patrick

McCarty and Carry McCarty heirs and next of

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

suant to a former order of this Court; therefore on

this day came George P. Webster and George W. Reich-

elderfer, the subscribing witnesses to said Will, who

being duly sworn testified to the due execution and

attestation of said Will. Which testimony was re-

duced to writing by them respectively subscribed, and filed

with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last Will

and Testament of said Patrick McCarty, deceased.

That the same was duly executed and attested, and

that the said Testator, at the time of making, sign-

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

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

therefore, by the Court ordered, that the said Will be

admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this

Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 85)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 85)

Description

[page 85]

[corresponds to page 19 of Delaware County Will Records Vol. 8 1887-1890]




19


Patrick McCarty's Will.

Copy of. Will.

In the name of the Benevolent Father of all:

I Patrick

McCarty of Liberty Township, Delaware County,

Ohio, do make and publish this my last Will and

Testament:

First it is my will that my just debts and all

charges be paid out of my Estate.

Item 1st: I give and devise all the residue of my Estate to

Johannah McCarty, my wife, to be to her and her heirs forever.

Item 2nd: I appoint and make the said Johannah McCarty

Executrix of this my last Will and Testament.

In testimony hereof I have hereunto set my hand

and seal, this 14 day of April in the year 1887.

his

Witness. Patrick X McCarty {seal}

George P. Webster mark

Signed and acknowledged by said Patrick McCarty

as his last Will and Testament in our presence, and

signed by us in his presence.

George P. Webster {seal}

Geo. W. Reichelderfer {seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 86)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 86)

Description

[page 86]

[corresponds to page 20 of Delaware County Will Records Vol. 8 1887-1890]


20

Harriet Benson's Will

Journal Entry.

May 7" 1887

In the Matter of the Will of - } In the Probate Court of -

Harriet Benson, Deceased. } Delaware County. Ohio


This day an instrument of writing purporting to be the

last Will and Testament of Harriet Benson, late of

Concord Township in this County, deceased, was

produced in open Court for Probate. On considera -

tion whereof it is ordered that the said Will be

filed in this Court, and that due notice thereof,

and of the application to admit the same to probate

and record be given to Jacob Stiles and Allice Stiles

(Lillie G. McEntire Bailer and Sarah L Stiles hav-

ing waived service of notice and consented to the pro-

bate of said Will) heirs and next of kin of the

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

plication will be for hearing before this Court on this

7 day of May at 2 oclock. P.M.

And afterwards to-wit: it 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 pro-

bate and record in this Court has been to Jacob

Stiles and Allice Stiles heirs and next of kin of the

Testatrix resident of the State of Ohio, pursuant to

a former order order of this Court; therefore, on this

day came W.G. Watson and N. A. Coleman the sub-

scribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them re-

spectively subscribed and filed with said Will,

whereupon the Court finds that the aforesaid instru-

ment of writing is the last Will and Testament of said

Harriet Benson, deceased. That the same was du-

ly executed and attested and that the said Testatrix

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

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

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and

that the same, together with the testimony of the wit-

nesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 87)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 87)

Description

[page 87]

[corresponds to page 21 of Delaware County Will Records Vol. 8 1887-1890]


21


Harriet Benson's Will

Waiver

We the undersigned heirs amd legatees of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.

Lilly G. McEntire Bailer

Sarah L. Stiles.

Dated this 7th day of May A.D. 1887.

Notice to Heirs

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Harriet Benson. deceased.

To Jacob Stiles and

Alice Stiles.

You are hereby notified that on the 7th

day of May A.D. 1887. an instrument of writing, pur-

porting to be the last Will and Testament of Harriet

Benson, late of Concord Township, in said County,

deceased, was produced in open Court, and an applica-

tion to admit the same to probate was on the same

day made in said Court. Said application will be

for hearing before the Court on the 7th day of May A.

D. 1887. at 2 o'clock P.M.,

Rufus Carpenter

Probate Judge.

Dated at Delaware Ohio, this 7th day of May. A.D. 1887.


Return

The State of Ohio } ss

Delaware County }

Frank Bailer being duly sworn

says that on the 7" day of May. A.D. 1887. he served

the within notice by delivering a true copy there of to

the within named Jacob Stiles and Alice Stiles.

Frank Bailer

Subscribed in my presence and sworn to before me this

7" day of May. 1887.

Rufus Carpenter

Probate Judge

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 88)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 88)

Description

[page 88]

[corresponds to page 22 of Delaware County Will Records Vol. 8 1887-1890]


22

Harriet Benson's Will

Probate of Will

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court

W.G. Watson and N. A. Coleman, the subscribing wit-

nesses to the last Will and Testament of Harriet Benson

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

24" day of September, A.D. 1884, purporting to be the

last Will and Testament of Harriet Benson now de-

ceased is the Will of said deceased, Harriet Benson,

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 Harriet Benson deceased

sign and seal said Will, and heard her acknowledge

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

the said Harriet Benson at the time of making, sign-

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

mind and memory, and not under any restraint.

W.G. Watson

N.A. Coleman

Sworn to and subscribed by said witnesses in open

Court this 7" day of May A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Copy of Will

Harriet Benson's Will.


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

Harriet Benson of Delaware County, 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 nephew Jacob Stiles, four

Hundred Dollars.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 89)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 89)

Description

[page 89]

[corresponds to page 23 of Delaware County Will Records Vol. 8 1887-1890]


23

Harriet Benson's Will

Item 3rd: I give and devise to my niece Allice Stiles, my

organ and gold watch and all my jewelry and one

good bed and bedding.


Item 4th: I give and devise to my three nieces Sarah Stiles,

Lillie G. McIntire and Allice Stiles, all my

Real Estate and all my personal property, moneys

and credits of every description, and all my House -

Hold and Kitchen Furniture, and all my clothes to

be equally divided between them.

I do hereby revoke

all former Wills by me made.

In testimony hereof

I have hereunto set my hand and seal this 24th

day of September. A.D. 1884.

Harriet Benson. {Seal}


Signed and acknowledged by said Harriet Benson as

her last Will and Testament in our presence and

signed by us in her presence and at her especial in-

stance and request.

W.G. Watson

N.A. Coleman
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 90)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 90)

Description

[page 90]

[corresponds to page 24 of Delaware County Will Records Vol. 8 1887-1890]


24

Martin Wilcox Will

Journal Entry.

April 22d 1887

In the Matter of the Will of } In the Probate Court of

Martin Wilcox, Deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Martin Wilcox, late of

Berlin Township, in this County, deceased, was pro-

duced in open Court for Probate; On Consideration

whereof it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of

the application to admit the same to probate and record,

be given to Delilah Wilcox, Charles Wilcox, Ma-

ry Budd, Laura Evarts, Edgar Wilcox, Char-

lotte R. Wilcox, Henry Wilcox, Harry Wilcox

Lucy Wilcox and Laura Wilcox heirs and next of kin

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

said application will be for hearing before this Court

on the 29" day of April. A.D. 1887. at 2 o'clock P.M.

Rufus Carpenter

Probate Judge

Notice to Heirs.

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Martin Wilcox, deceased.

To Delilah Wil-

cox, Charles Wilcox, Laura Evarts, Mary Budd,

Edgar Wilcox, Charlotte R. Wilcox. Henry Wil-

cox Harry Wilcox, Lucy Wilcox, Laura Wilcox

You are hereby notified that on the 22d day of

April. A.D. 1887, an instrument of writing, purporting

to be the last Will and Testament of Martin Wilcox

late of Berlin Township, in said County deceased,

was produced in open Court, and an application to ad-

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

said Court. Said application will be for hearing be-

fore this Court on the 29" day of April. A.D. 1887.

at 2 o'clock P.M.

Rufus Carpenter

{Seal} Probate Judge

Dated at Delaware Ohio, this 22d day of April. A.

D. 1887.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 91)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 91)

Description

[page 91]

[corresponds to page 25 of Delaware County Will Records Vol. 8 1887-1890]


25

Martin Wilcox Will.

Journal Entry.

April 29th 1887

In the Matter of the Will of }

Martin Wilcox, Deceased }

The heirs and legatees of Martin

Wilcox, deceased, all not having had legal notice of

said Will, the hearing is continued until the 12" day

of May. A.D. 1887.

Rufus Carpenter

Probate Judge


Return

The State of Ohio } ss

Delaware County }

George Cleveland being duly sworn

says that on the 22d & 27d days of April. A.D. 1887.

he served the written notice by delivering a true copy

thereof to the within named Delilah Wilcox,

Charles Wilcox, Laura Evarts, Mary Budd, Ed-

gar Wilcox, Charlotte K. Wilcox, Harry Wilcox,

Lucy Wilcox, Laura Wilcox and Henry Wilcox.

George Cleveland.

Subscribed in my presence and sworn to before me this

12" day of May. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge

Probate of Will

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court,

Joel Cleveland and Ella B. Cleveland the subscribing

witnesses to the last Will and Testament of Martin

Wilcox late of Berlin Township in said Delaware

County, deceased: who being duly sworn according to

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

but the truth, in relation to the execution of said Will

depose and say: That the paper before them bearing date

the 3d day of February. A.D. 1882. purporting to be the

last Will and Testament of Martin Wilcox, now deceased.

is the will of said deceased, Martin Wilcox, 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 Martin Wilcox deceased, sign and seal

said Will and heard him acknowledge the same to be

his last Will and Testament, and that the said
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 92)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 92)

Description

[page 92]

[corresponds to page 26 of Delaware County Will Records Vol. 8 1887-1890]


26

Martin Wilcox's Will.

Martin Wilcox at the time of making, signing and seal-

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

and not under any restraint.

Joel Cleveland

Ella B. Cleveland

Sworn to and subscribed by said witnesses in open Court,

this 12" day of May. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

May 12" 1887.


In the Matter of the Will of }

Martin Wilcox. Deceased. }

Be it remembered, that

heretofore to-wit: on the 22d day of April A.D. 1887

an instrument of writing, purporting to be the last Will

and Testament of Martin Wilcox, late of Berlin Town-

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

Court for probate, and was then filed. And it now be -

ing 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 Delilah Wilcox, Charles

Wilcox, Laura Evarts, Mary Budd, Edgar Wilcox

Charlotte K. Wilcox, Henry Wilcox, Harry Wilcox

Lucy Wilcox and Laura Wilcox heirs and next of kin

of the Testator, resident of the State of Ohio, pursuant

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

came Joel Cleveland and Ella B. Cleveland the

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instru-

ment of writing is the last Will and Testament of

said Martin Wilcox, deceased. That the same was du-

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

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

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

any restraint. It is therefore, by the Court ordered

that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon, be

entered of record in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 93)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 93)

Description

[page 93]

[corresponds to page 27 of Delaware County Will Records Vol. 8 1887-1890]

27

Martin Wilcox's Will.

Copy of Will.

In the name of the Benevolent Father of all: I Martin

Wilcox of Berlin Township, Delaware County, Ohio,

do make and publish this my last Will and Testament.

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

eight acres of land including the buildings of the west

end of the farm on which we live in Berlin

Township, Delaware County, Ohio the whole farm

containing thirty five and two third acres and also the

use of the entire farm during her natural life.

Provided however that if she should intermarry at

any time after my decease then the twenty seven and

two third acres of the east end of my said farm to

be sold by my administrator from the proceeds of said

sale I desire that my youngest daughter Charlotte

K. Wilcox shall have five hundred dollars and that

the remainder to be equally divided between my two

daughters Lauria Evarts & Mary Budd.

Item 2d: As I have already given to my sons what I consider-

ed their share of my property I give to my beloved

wife Delilah Wilcox all my personal property that

may be on hand at the time of my decease, including

household goods she pay all expenses of sickness and

funeral charges out of the personal property.

Item 3d: As I hold receipts against my sons for money furnished

I desire that said receipts be handed over to them at my

decease.

Item 4th: I do hereby nominate and appoint my beloved wife Guardian

of my daughter Charlotte K. Wilcox until the said Char-

lotte K. Wilcox until the said Charlotte K. Wilcox

arrives at the age of twenty one years or intermarries.


Item 5th: I do hereby nominate and appoint George Cleveland Executor

of this my last Will and Testament hereby authorizing him

to see that the provisions of the foregoing Will are carried

out.

I desire that no appraisement no sale of my personal proper-

ty be made and that the Court of Probate direct the omis-

sion of the same in pursuance of the Statute.

In testimony hereof I have hereunto

set my hand and seal this 3d day of February. 1882

Martin Wilcox {Seal}

Signed and acknowledged by said Martin Wilcox as his last Will

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

Joel Cleveland

Ella B. Cleveland
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 94)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 94)

Description

[page 94]

[corresponds to page 28 of Delaware County Will Records Vol. 8 1887-1890]

28

John Lloyd's Will.

Application for Probate.


The State of Ohio } ss In Probate Court.

Delaware County }


In the Matter of the Last } Application to

Will and Testament of John } Admit to Probate.

Lloyd. Deceased. }

To the Hon. Rufus Car-

penter, Judge of the Probate Court in and for said

County:

Your petitioner respectfully represents that

John Lloyd, late a resident of the Township of Radnor

in said County, died on or about the 15" day of April,

A.D. 1887. leaving an instrument in writing, hereto at-

tached, purporting to be his last Will and Testament.

That the said John Lloyd died leaving the following

named persons his only next of kin resident of the

State of Ohio.


Mary A. Jones Daughter Radnor O.

Benjamin Lloyd Son " "

David Lloyd. " " "


Your petitioner prays that a time may be fixed for the

proving and said Will, and that said above named

persons may be notified according to law of the pending

of said proceedings.

Benjamin Lloyd


The foregoing application was signed in my presence and

sworn to before me this 14" day of May. A.D. 1887

Rufus Carpenter

Probate Judge


Waiver.

We, the undersigned heirs and legatees of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.


Dated this 14" day of May. A.D. 1887.


Attest David Lloyd's mark. Mary Ann Jones

Rufus Carpenter Benjamin Lloyd

His

Robert Rowlands. David X Lloyd.

mark
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 95)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 95)

Description

[page 95]

[corresponds to page 29 of Delaware County Will Records Vol. 8 1887-1890]


29


John Lloyd's Will.

Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Robert Rowland, & Evan T Jones, the subscribing

witnesses to the last Will and Testament of John Lloyd

late of Radnor Township in said Delaware County,

deceased; who being duly sworn according to law, to

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

truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the

5' day of April. A.D. 1887. purporting to be the last

Will and Testament of John Lloyd, now deceased, is

the Will of said deceased, John Lloyd, that they

were present at the execution of said Will, and at

the request of the Testator, respectively subscribed their

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

they saw the said John Lloyd deceased, sign and seal

said Will and heard him acknowledge the same to be

his last Will and Testament, and that the said John

Lloyd at the time of making, signing and sealing said

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

under any restraint.

Robert Rowlands

Evan T. Jones


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

this 14' day of May. A. D. 1887.

Rufus Carpenter

Probate Judge.


Journal Entry.

May 14' 1887.

In the Matter of the Will } In Probate Court.

of John Lloyd. Deceased }

This day, an instrument of

writing, purporting to be the last Will and Testament of

John Lloyd, late of Radnor Township in this County,

deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will

be filed in this Court and afterwards, to-wit: came Ma-

ry Ann Jones, Benjamin Lloyd and David Lloyd

the heirs and legatees of said decedent, and entered their

appearance herein and consented to the probate of said

Will. thereupon came Robert Rowlands and Evan T.

Jones, the subscribing witnesses to said Will, who
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 96)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 96)

Description

[page 96]

[corresponds to page 30 of Delaware County Will Records Vol. 8 1887-1890]


30

John Lloyd's Will.

being duly sworn, testified to the due execution and at-

testation of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and filed with

said Will, whereupon the Court finds that the afore-

said instrument of writing is the last Will and Testament

of said John Lloyd's, deceased. That the same was duly ex-

ecuted and attested: and that the said Testator at the time of

making, signing and sealing said Will, was of

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

restraint. It is therefore, by the Court ordered

that the said Will be admitted to probate, and that

the same along together with the testimony of the witnesses

above named, as well as the proceedings had thereon,

be entered of record in this Court.

Rufus Carpenter

Probate Judge


Copy of Will.

In the name of the Benevolent Father of All,

amen:

I John Lloyd of Radnor Township Delaware

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

and publish the following as my last Will and Testament.


Item 1st: I direct that my just debts, including expenses of my

last sickness and funeral expenses be paid out of my

personal estate, and also expenses of Administration.


Item 2nd: I give devise and bequeath to my son Benjamin

Lloyd the Fifty Acres, of my farm, situated in Rad-

nor Township, Delaware County, Ohio, lying south

of the so called Lloyd road leading east from the Thom-

as Gravel road during the natural lifetime of my said

son Benjamin and in case the wife of my said son

Benjamin shall survive him, then the said Fifty

acres of land to go to her, while she may remain his

widow, and at her death or remarriage, the said Fifty

acres of land to go to the children of my said son

Benjamin, in equal shares. I also give and bequeath to

my said son Benjamin One Bureau, which I now

own, and also one Feather Bed.


Item 3rd: I give devise and bequeath to my son David Lloyd, my

home farm of One Hundred two and a half Acres,

situated in Radnor Township, Delaware County, Ohio,

during his natural life, and at his decease, the said farm

to go to his (my said son David's) children, (or child) in
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 97)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 97)

Description

[page 97]

[corresponds to page 31 of Delaware County Will Records Vol. 8 1887-1890]


31

John Lloyd's Will

equal shares if he leave child or children living at

his decease; and in case he shall have no child or

children living at the time of his decease, then the

said farm to go direct to his heirs of my blood.


Item 4th: I give and bequeath to my daughter Mary Ann

Jones, all the remainder of my Household goods, furni-

ture & bedding, excepting the Bureau & Feather

bed bequeathed to my son Benjamin in the second

item of this Will: And I also give and bequeath

to my said daughter Mary Ann Jones, the sum of

Twenty five Hundred Dollars, to be paid her out of

my personal estate.


Item 5th: I hereby will and direct, that the remainder of my

personal estate, after paying my just debts etc. as

specified in the 1st item of this will, and the special

bequests and legacies to my said son Benjamin and my

daughter Mary Ann as directed in the second and

fourth item of this will, go to and be divided between my

said son Benjamin Lloyd and my said daughter Mary

Ann Jones, share and share alike.

I hereby revoke all for-

mer wills by me made and declare the foregoing to

be my last Will and Testament.

Witness my signature and

seal this 5th day of April, in the year of our Lord, one

thousand eight hundred and eighty seven.

John x Lloyd { Seal }

Signed by the said John Lloyd in our presence and by

him declared to be his last Will and Testament in

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

request and in his presence, and in the presence of

each other on said 5th day of April A.D. 1887.


Robert Rowlands

Evan T. Jones
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 98)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 98)

Description

[page 98]

[corresponds to page 32 of Delaware County Will Records Vol. 8 1887-1890]


32

William Sagers Will.

Journal Entry.

May 12, 1887

In the Matter of the Will of } In Probate Court of

William Sager, Deceased. } Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of William Sager, late of

Liberty Township, in this County, deceased, was produced

in open Court for Probate; On Consideration Whereof,

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

and that due notice thereof, and of the application to

admit the same to probate and record, be given to Fran-

cis Hardin, Thornton Hardin, Victor Hardin,

Mary Willey, Daniel T. Brown and John W. Brown

heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for hear-

ing before this Court on the 16" day of May. A.D.

1887 at 2 o'clock. P.M.,

Rufus Carpenter

Probate Judge


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of William Sager, deceased.

To Francis

Wardin, Thornton Wardin, Victor Wardin, Mary

Willey, Daniel T. Brown and John W. Brown.

You are

hereby notified that on the 12" day of May. A.D.

1887. an instrument of writing, purporting to be the

last Will and Testament of William Sager, late of

Liberty Township, in said County, deceased, was pro-

duced in open Court, and an application to admit the

same to probate was on the same day made in said

Court. Said application will be for hearing before this

Court on the 16" day of May. A.D. 1887. at 2 o'clock

P.M.

{ Seal } Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 12" day of May. A.

D. 1887. Waiver

We, the undersigned heirs of the within named decedent, hereby waive further

notice, and consent to the probate of said Will.

Dated this 12" day of May, A.D. 1887. Emily Edie

Warner Harden.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 99)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 99)

Description

[page 99]

[corresponds to page 33 of Delaware County Will Records Vol. 8 1887-1890]


33


William Sager's Will

Return


The State of Ohio } ss

Delaware County }

Warner Hardin being duly sworn

says that on the 12", 13" & 14" days of May. A.D.

1887, he served the within notice by delivering a true

copy thereof to the within named Francis Hardin,

Thornton Hardin, Victor Hardin, Mary Willey

Daniel T. Brown, and John W. Brown and Daniel

E. Brown, father of Daniel T. and John W. Brown

with whom they reside.

Warner Hardin


Subscribed in my presence and sworn to before me this 16"

day of May. 1887.

Rufus Carpenter

Probate Judge.


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

T.P. Harris, one of the subscribing witnesses to the last

Will and Testament of WIlliam Sager, late of Liberty

Township in said Delaware County, deceased; who be-

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

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

the execution of said Will, deposes and says: That the

paper before him bearing date the 12" day of April. A.

D. 1879., purporting to be the last Will and Testament

of William Sager now deceased, is the Will of said

deceased William Sager, that he was present at the

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

subscribed his name to the same as a witness, in his

presence; that he saw the said William Sager now

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

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

that the said William Sager at the time of making,

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

mind and memory, and not under any restraint.

T.P. Harris.


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

this 16" day of May. A.D. 1887.

{Seal} Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 100)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 100)

Description

[page 100]

[corresponds to page 34 of Delaware County Will Records Vol. 8 1887-1890]


34

William Sager's Will.

Journal Entry.

May 16" 1887.


In the Matter of the Will of }

William Sager, Deceased. }

Be it remembered, that here-

tofore, to-wit: on the 12" day of May. A.D. 1887, an instru-

ment of writing, purporting to be the last Will and Tes

tament of William Sager, late of Liberty Township, in

this County, deceased, was produced in open Court

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

shown to the satisfaction of the Court that due not-

ice 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 Francis Hardin, Thornton Hardin

Victor Hardin, Mary Willey, Daniel T. Brown,

and John W. Brown and Daniel E. Brown (father

of Daniel T. & John W. Brown with whom they reside),

heirs and next of kin of the Testator, resident of the

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

therefore, on this day came T.P. Harris, one of

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta-

tion of said Will. Which testimony was reduced

to writing, by him subscribed, and filed with said Will.

And it appearing that Ben J. Bright, the other sub-

scribing witness to said Will, is a resident of Seneca

County, Ohio, it is thereupon ordered that a commission with

the Will annexed, issue herein to Harrison Noble

Probate Judge of Seneca County, directing him to

take the testimony of said subscribing witness, and return

the same, according to law, with all convenient speed, to

this Court.

Rufus Carpenter

Probate Judge


Commission.

The State of Ohio } ss

Delaware County }

To Harrison Noble, Greeting.

Know Ye, That

we in confidence of your prudence and fidelity, have appoint-

ed you, and by these presents do give you full power and

authority to examine and take the deposition of Ben. J.

Bright, one of the subscribing witnesses to the last

Will and Testament of William Sager, hereto annexed


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 101)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 101)

Description

[page 101]

[corresponds to page 35 of Delaware County Will Records Vol. 8 1887-1890]

35


William Sager's Will.

late of the County of Delaware, in the State of Ohio

deceased and therefore we command you, that at cer-

tain days and places appointed by you, you cause the

said Ben J. Bright 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 William Sager, and that you reduce

such examination to writing, and return the same,

together with this Commission and the Will of the

said William Sager thereto annexed, closed up under

your seal, into our said Probate Court, with all con-

venient speed.

In Testimony Whereof I Rufus Car-

penter, Judge of the said Court, have hereunto set my

hand and affixed the seal of said Court, at Delaware,

O., this 16" day of May. A.D. 1887.

{Seal} Rufus Carpenter

Probate Judge


Copy of Will.

In the name of the beloved father of All. I, William

Sager of Liberty T.P. Delaware County, Ohio, do

make and publish this my last Will and Testament.

Item first I give and devise to my beloved daughter Elizabeth

Brown and heirs and heirs twelve and half acres of my

farm as follows the 4" township and nineteenth range

in the third quarter and lots No. 18 and 19, the aforesaid

Elizabeth Brown is to have her 12 twelve acres and

a half acre out of lot No 18. on the west side of said

lot

I give and devise to my beloved son Thomas B.

Sager and heirs his natural life 12 1/2 twelve and a half

acres first east of Elizabeth Brown twelve acres in Lot No 18.

I give and devise to my beloved son Jacob N.

Sager and heirs his natural life 12 1/2 twelve acres

and a half East of Thomas B Sager in lot No 18.

And last of

all I give and devise to my beloved daughter Emily

Edie and her heirs 50 acres more or less on

which I now reside during her natural life in Lot No.

19 of the aforesaid farm.

In testimony hereof I have

hereunto set my hand and seal this 12" day of April A.

D. 1879. his

Seal William X Sager

mark
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 102)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 102)

Description

[page 102]

[corresponds to page 36 of Delaware County Will Records Vol. 8 1887-1890]


36

William Sager's Will

Signed and acknowledged by said William Sager as his

last Will and Testament in our presence and signed by us

in his presence.

seal. T.P Harris

seal. Ben J Bright


Deposition of Witness to Will.


The State of Ohio } ss In the Matter of the last Will and

Seneca County } Testament of William Sager


Personally appeared before me Harrison Noble Com-

missioner, Ben J. Bright, one of the subscribing wit-

nesses to the last Will and Testament of William

Sager late of Liberty Township in said Delaware

County, deceased, who, being by me first duly sworn ac-

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

nothing but the truth, in relation to the execution of

said Will, deposes and says: That he was present at

the execution of the paper before him bearing date the

12" day of April. A.D. 1879, purporting to be the last

Will and Testament of William Sager now de-

ceased, whose name is signed at the end thereof, and

at the request of said deceased. he subscribed his name

to the same as a witness in his presence; that he saw

the said William Sager sign and seal said Will, and

heard him acknowledge the same to be his last Will

and Testament, and that the said William Sager at

the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not un-

der any restraint.

B. J. Bright.


The State of Ohio } ss

Seneca County }

I, Harrison Noble, duly appointed

and commissioned by the Judge of the Probate Court of

the County of Delaware and State of Ohio, to take the

testimony of Ben J. Bright one of the subscribing wit-

nesses to the last Will and Testament of William Sa-

ger, deceased, late a resident of said County and State,

which Commission, and the said Will are hereto an-

nexed, do hereby certify that in pursuance of said Com-

mission I caused the above named Ben J. Bright

subscribing witness as aforesaid to appear before me, at

Tiffin, Ohio on the 19th day of May. A.D. 1887 that he
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 103)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 103)

Description

[page 103]

[corresponds to page 37 of Delaware County Will Records Vol. 8 1887-1890]


37

William Sager's Will



was first duly sworn by me, according to law, to speak

the truth, the whole truth and nothing but the truth;

that I examined him in relation to the execution of

said Will, and reduced his testimony to writing as

above set forth in his presence and that he signed

the same in my presence, and I further certify that

I am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise inter-

estered in the Probate thereof.

In witness whereof I have

hereunto set my hand, this 19th day of May. A.D. 1887.

Harrison Noble

Commissioner

Journal Entry.

May 21" 1887.


The commissioner heretofore issued herein to take the tes-

timony of B. J. Bright, one of the subscribing witness-

es to the Will of said William Sager, deceased,

was this day returned duly executed, and the same was

filed herein.

And it appearing to the Court from the examination

of the former witness and from the deposition of the said

B. J. Bright, that the aforesaid instrument of writing is

the last Will and Testament of said William Sager

deceased. That the same was duly executed and attested;

and that the said Testator, at the time of making, sign-

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

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

therefore, by the Court ordered, that the said Will be

admitted to probate and that the same, together with the

testimony of the witnesses above named, as well as the pro-

ceedings had thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 104)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 104)

Description

[page 104]

[corresponds to page 38 of Delaware County Will Records Vol. 8 1887-38]

38

Abner Fuller's Will.

Journal Entry.

June 7" 1887


In the Matter of the Will }

of Abner Fuller, Deceased }

An authenticated copy of the

last Will and Testament of Abner Fuller, late of Franklin

County, Ohio, deceased, and of the order of probate of the same

in said County, were this day presented to this Court

for record. Whereupon the court, finding that certain real

estate devised by said Will is situated in this Coun-

ty, hereby admits said copies to record, as provided by law

in such cases.

Rufus Carpenter

Probate Judge


Abner M. Fuller's Will


In the Matter of the Will } Probate Court

of Abner M. Fuller. Deceased } Franklin County, O.

Tuesday, December 7" A.D. 1886.

This day an instrument of writing, purporting to be the

Last Will and Testament of Abner M. Fuller, late of

Blendon Township, in this County, deceased, was pro-

duced in open Court for Probate. It is now ordered

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

due notice thereof and of the application to admit the

same to Probate and Record, be given to the widow and

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

three days prior thereto, that said application will be for

hearing before this Court, on the 22nd day of December,

A.D. 1886. at 2 o'clock P.M., said notice to be in writing

and to be served on said parties personally, or by leaving

copies thereof at their usual place of residence.

Charles G. Saffin

Probate Judge.


In the Matter of the Last |

Will and Testament and Codi-| Tuesday December. 7" A.D. 1886.

cil thereto of Abner M. |

Fuller, Deceased. |

The last Will and Testament

and Codicil thereto of Abner M. Fuller, deceased, late

of Franklin County. Ohio. having been presented to

this Court for Probate and Record, and it appearing to

the Court that I.D. Horr, Jas. M. Crawford, H.M.

Carper and Charles Arthur the subscribing witnesses to
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 105)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 105)

Description

[page 105]

[corresponds to page 39 of Delaware County Will Records Vol. 8 1887-38]


39

Abner M. Fuller's Will.

said Will and Codicil thereto attached reside without

the jurisdiction of this Court.

It is therefore ordered that a Commission with the

Will and Codicil thereto annexed issue herein to

Rufus Carpenter a suitable person resident of Del-

aware County, Ohio, directing him to take the dep-

osition of said subscribing witnesses to said Will

and Codicil thereto attached and return the same duly

certified with all convenient speed to this Court, and

the further hearing is ordered and continued un-

til Wednesday the 22d day of December. A.D. 1886. at

2 o'clock. P.M., which is accordingly done.

Charles G. Saffin

Probate Judge

Commission

To Take Testimony of Witness to Will.


The State of Ohio } ss

Franklin County. }

To Rufus Carpenter, Greetings:

Know Ye, That

we, in confidence of your prudence and fidelity, have ap-

pointed you, and by these presents do give you full power

and authority to examine and take the deposition of Charles

Arthur, H.M. Carper, I.D. Horr and Jas M. Crawford

subscribing witnesses to the last Will and Testament and

Codicil of Abner M. Fuller hereto annexed, late of the

County of Franklin in the State of Ohio, deceased; and

therefore we command you, that at certain days and places

appointed by you, you cause the said Charles Arthur,

H.M. Carper, I.D. Horr and Jas. M. Crawford 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 Abner M. Fuller

and that you reduce such examination to writing, and

return the same, together with this Commission and the

Will of the said Abner M. Fuller thereto annexed, closed

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

all convenient speed.

In Testimony Whereof I Charles G. Saffin,

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

the Seal of said Court at Columbus this 9" day of

December. A.D. 1886.

Charles G. Saffin

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 106)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 106)

Description

[page 106]

[corresponds to page 40 of Delaware County Will Records Vol. 8 1887-38]


40

Abner M. Fuller's Will.

Copy of Will.


In the name of the Benevolent Father of All I

Abner M Fuller of Delaware County, Ohio, being of

sound and disposing mind and memory do make and pub-

lish this my last Will and Testament; hereby revoking

all former wills by me made and declaring this and this

only to be Will and Testament.


Item 1 I hereby direct all my just debts and Funeral expen-

ses shall be paid out of my estate.


Item 2d I hereby devise and bequeath unto my beloved wife Eliza

Jane Fuller all my personal and real estate wherever

situate for and during her natural (down-arrow) with the privilege

of using and disposing of any part thereof if she may

think necessary.

Item 3d At the death of my said wife, I desire and direct and

it is my will that all the property then remaining

shall be equally divided into six (6) equal parts or

shares and that the said shares, shall then be dis-

tributed and divided as follows, to-wit: to Harriet

Hinsdale Budd wife of Benjamin Budd one share,

to Mary Bard daughter of Isaac Bard, one share,

to Elizabeth Bard daughter of Isaac Bard. one share,

to David H. Bard, son of Isaac Bard two (2) shares

and to Rouanna Bard daughter of Isaac Bard one share.

To have and to hold the shares above named to the

said parties named as aforesaid their heirs and assigns

forever. And if any of the said parties-legaters nam-

ed herein in the 3d item should die without children

before the death of my said wife then his or her share

shall be distributed and divided to the survivors in the

proportions above named.

Item 4" I do hereby Constitute nominate and appoint my beloved

wife Eliza Jane Fuller and my friend said David H.

Bard as the Executors or this my last will and tes-

tament.

In testimony whereof I have hereunto set my

hand and seal this seventeenth day of February. A.D.

1873.

A.M. Fuller {seal}

Signed sealed and declared in our presence to be the last

will and testament of the said Abner M. Fuller and we

at his request have signed the same as witnesses in his

presence and in presence of each other.

Charles Arthur,

H.M. Carper,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 107)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 107)

Description

[page 107]

[corresponds to page 41 of Delaware County Will Records Vol. 8 1887-38]


41

Abner M. Fuller's Will.

I Abner M. Fuller do make and publish the follow-

ing codicil to my will made February 17" 1873. and

hereto attached, to-wit:

Item 1st: In place of the bequests and devise made in said item

3d of said Will. I do hereby devise and bequeath that

after the death of my said wife there be paid unto

Harriet Hinsdale Budd and unto William B. Mc

Kinnie each the sum of five hundred ($500) dollars

and all the rest and residue of said estate then remain-

ing at the death of my said wife I desire and direct

shall be distributed and divided as follows: One half

thereof I give and devise unto David H Bard and the

other one half unto my three neices Mary Cellar

Elizabeth J Bard and Ruanna Bard in equal pro-

portions, and if either the said Harriet Hinsdale Budd

and William B. McKinnie shall die before the death

of my said wife then the said five hundred dollars be-

queathed to them I desire and direct shall be equally di-

vided between the said David H. Bard, Mary Cellar

Elizabeth J. Bard and Ruanna Bard, and if either the

said David H. Bard, Mary Cellar, Elizabeth J. Bard

or Ruanna Bard shall die without children before the

death of my said wife. I then desire and direct that

his or her share and portion devised to them or to which

they may be entitled under this will and codicil, shall

be distributed and divided to the survivor or survivors or

the said David H. Bard, Mary Celler, Elizabeth J.

Bard and Ruanna Bard in the proportions above named


Item 2d: I do hereby revoke said item 3d in said Will and do here-

by declare said Will with the alternative made in this

codicil to be my last will and testament.

Witness my hand

and seal this third day of March A.D. 1882.

A.M. Fuller. {seal}


Signed sealed and declared Abner M. Ful-

ler as a codicil to his last will and testament in our

presence and we at his request have signed the same

as witnesses thereto in his presence and in presence of

each other.

I. D. Horr

Jas. M. Crawford.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 108)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 108)

Description

[page 108]

[corresponds to page 42 of Delaware County Will Records Vol. 8 1887-1890]


42

Abner M. Fuller's Will.

Deposition of Witness to Will.


The State of Ohio } ss In the Matter of the Last Will and Testament

Franklin County } of Abner M. Fuller. Deceased.


Personally appeared before me Rufus Carpenter, Commis-

sioner, Charles Arthur and H. M. Harper subscribing wit-

nesses to the last Will and Testament of Abner M.

Fuller, late of Blendon Township in said Franklin

County, deceased, who being by me first duly sworn ac-

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

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

Will, depose and say: That we were present at the ex-

ecution of the paper before them bearing date the 17"

day of February A.D. 1873 purporting to be the last

Will and Testament of Abner M. Fuller now deceased,

whose name is signed at the end thereof, and at the

request of said deceased, they subscribed their names to

the same as his witnesses in his presence; that they

saw the said Abner M. Fuller sign and seal said Will,

and heard him acknowledge the same to be his last

Will and Testament, and that the said Abner M.

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

not under any restraint.

Charles Arthur

H. M. Carper.


The State of Ohio } ss

Franklin County }

I, Rufus Carpenter, duly appoint-

ed and commissioned by the Judge of the Probate

Court, of the County of Franklin and the State of Oh-

io, to take the testimony of Charles Arthur and H. M.

Carper subscribing witnesses to the last Will and Tes-

tament of Abner M. Fuller, deceased, late a resident of

said County and State, which Commission, and the

said Will are hereto annexed, do hereby certify that in

pursuance of said Commission I caused the above named

Charles Arthur and H. M. Carper subscribing witness-

es as aforesaid to appear before me, at my office on the

21" day of December, 1886, that they were first duly

sworn by me, according to law, to speak the truth, the

whole truth and nothing but the truth; that I exam-

ined them in relation to the execution of said Will,

and reduced their testimonies to writing as above set forth

in their presence and that they signed the same in

my presence, and I further certify that I am not Coun-

sel, Attorney or Relative of any of the parties named
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 109)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 109)

Description

[page 109]

[corresponds to page 43 of Delaware County Will Records Vol. 8 1887-1890]


43

Abner M. Fuller's Will.


in said Will, or otherwise interested in the Probate

thereof.

In witness whereof I have hereunto set my

hand, this 21" day of December. A.D. 1886.

Rufus Carpenter

Probate Judge.


Deposition of Witness to Codicil.


The State of Ohio } ss In the Matter of the Last Will and

Franklin County } Testament of Abner M. Fuller. Deceased.


Personally appeared before me Rufus Carpenter,

Commissioner, Jas. M. Crawford and I. D. Horr subscribing

witnesses to the last Will and Testament of Abner M.

Fuller, late of Blendon Township in said Franklin

County, deceased, who being by me first duly sworn

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

and nothing but the truth in relation to the execution of

said Codicil to said Will, depose and say: That they

were present at the execution of the paper before them

bearing date the 3rd day of March. A.D. 1882. purporting

to be a Codicil to the last Will and Testament of Ab-

ner M. Fuller, now deceased, whose name is signed at

the end thereof, and at the request of said deceased, they

subscribed their names to the same as his witnesses in

his presence; that they saw the said Abner M. Fuller

sign and seal said Codicil to said Will, and heard him

acknowledge the same to be a Codicil to his last Will

and Testament, and that the said Abner M. Fuller at

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

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

any restraint.

Jas M. Crawford

I.D. Horr


The State of Ohio } ss

Franklin County }

I, Rufus Carpenter, duly apppointed

and commissioned by the Judge of the Probate Court, of

the County of Franklin and the State of Ohio, to take

the testimony of Jas. M. Crawford and I. D. Horr subscrib-

ing witnesses to the Codicil to the last Will and Testa-

ment of Abner M. Fuller, deceased, late a resident of said

County and State, which Commission, and the said Will

are hereto annexed, do hereby certify that in the pursuance of

said Commission I caused the above named Jas. M.

Crawford and I. D. Horr subscribing witnesses as afor-

said to appear before me, at my office on the 21" day of
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 110)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 110)

Description

[page 110]

[corresponds to page 44 of Delaware County Will Records Vol. 8 1887-1890]


44

Abner M. Fuller's Estate

December, 1886. that they were first duly sworn by me,

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

nothing but the truth; that I examined them in relation

to the execution of said Will, and reduced their testimon-

y to writing as above set forth in their presence and that

they signed the same in my presence, and I further certi-

fy that I am not Counsel, Attorney, or Relative of any

of the parties named in said Will, or otherwise interest-

ed in the Probate thereof.

In Witness whereof I have

hereunto set my hand, this 21" day of December. A.D. 1886.

Rufus Carpenter

Probate Judge


In the Matter of the Last Will and |

Testament and Codicil thereto at. |

tached of Abner M. Fuller, Deceased. |

Wednesday. December. 22nd A.D. 1886


The Commission heretofore issued herein to take the testimony

of Charles Arthur, H.M. Carper, Q.D. Horr and Jas. M. Craw-

ford, the subscribing witnesses to the Will and Codicil

thereto of Abner M. Fuller, deceased, was this day returned

duly executed and the same was filed herein. And it appear-

ing to the Court from the examination and depositions of the said

witnesses Charles Arthur, H.M. Carper, Q.D. Horr and

Jas. M. Crawford that the said Will and Codicil was duly

executed and attested, and that at the time of executing the

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

and not under any restraint. The Court now admit the said

Will and Codicil thereto to Probate and order the same to-

gether with the testimony so taken to be recorded according

to the Statutes in such cases made and provided.

Charles G. Saffin

Probate Judge.

The State of Ohio. Franklin County: ss

I Charles G. Saffin, Judge of the

Probate Court, within and for said County, hereby certify the foregoing

to be a true copy of the last Will and Testament of Abner M.

Fuller, deceased, as the same remains on file and record in said

Court, together with the orders of said Court made on the

Probate thereof, and of the testimony of witnesses examined as re-

duced to writing and filed, and as recorded in Record of Wills,

Vol. K. Page 141 etc.

Witness my official signature, and the seal

of said Court, at Columbus, this 27" day of May. A.D.

1887.

Charles G. Saffin

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 111)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 111)

Description

[page 111]

[corresponds to page 45 of Delaware County Will Records Vol. 8 1887-1890]

45

Hugh Cole's Will

Application for Probate.


The State of Ohio } ss In Probate Court

Delaware County }


In the Matter of the Last } Application to

Will and Testament of Hugh } Admit to Probate.

Cole, Deceased.

To the Hon. Rufus Carpenter,

Judge of the Probate Court in and for said County.

Your petitioner

respectfully represents that Hugh Cole, late a resident

of the Township of Oxford, in said County, died on or

about the 27" day of May. A.D. 1887. leaving an instrument

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

Testament. That the said Hugh Cole died leaving

Sarah Cole, his widow, and the following named persons

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

Elias Cole Son Ashley. O.

Amanda Bellman Daughter Portland. Ind.


Your petitioner prays that a time may be fixed for

the proving of said Will, and that said above named

persons may be notified according to law of the pending of

said proceedings

Elias Cole.

The foregoing application was signed in my presence and

sworn to before me this 6" day of June. A.D. 1887.


Rufus Carpenter

Probate Judge.


Waiver.


We, the undersigned, heirs of the within named decedent,

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


Dated this 6" day of June. A.D. 1887.


Elias Cole

Mrs. Amanda Beelman

Sarah Cole.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 112)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 112)

Description

[page 112]

[corresponds to page 46 of Delaware County Will Records Vol. 8 1887-1890]


46

Hugh Cole's Will

Probate of Will.



The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court

Joseph F. Wilt and Wm Ashbrook the subscribing wit-

nesses to the last Will and Testament of Hugh Cole, 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 20" day of March,

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

of Hugh Cole, now deceased, is the Will of said de-

ceased. Hugh Cole, that they were present at the ex-

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

respectively subscribed their names to the same as wit-

ness, in his presence; that they saw the said Hugh

Cole deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament

and that the said Hugh Cole at the time of making

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

mind and memory, and not under any restraint.

Joseph F. Wilt

Wm Ashbrook.


Sworn to and subscribed by said witnesses, in open

Court, this 6" day of June, A.D. 1887.

Rufus Carpenter
{Seal}
Probate Judge


Journal Entry.

June 6" 1887


In the Matter of the Will |

of Hugh Cole, Deceased |

This Day, an instrument of

writing, purporting to be the last Will and Testament of

Hugh Cole, late of Oxford Township in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the said

Will be filed in this Court; and afterwards, to-wit:

came Sarah Cole, widow, and Elias Cole and Amanda

Beelman, heirs and next of kin of the Testator, resident

of the State of Ohio, and entered their appearance there-

in and consented to the Probate of said Will, and there-

upon came Joseph F. Wilt and Wm. Ashbrook, the

subscribing witnesses to said Will, who being duly
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 113)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 113)

Description

[page 113]

[corresponds to page 47 of Delaware County Will Records Vol. 8 1887-1890]

47

Hugh Cole's Will


sworn, testified to the due execution and attestation of said

Will, which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Hugh

Cole, deceased. That the same was duly executed and

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

making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any re-

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

said Will be admitted to probate, and that the same, to-

gether with the testimony of the witnesses above named as

well as the proceedings had thereon, be entered of record in

this Court.

Rufus Carpenter

Probate Judge



Copy of Will

In the Name of the Benevolent Father of All, I

Hugh Cole do make this my last Will and Tes-

tament.


I give and devise to my beloved wife the house and land

within the limits of incorporation of Ashley, County

of Delaware and State of Ohio, and all of the household

goods and furniture thereto belonging to have and to hold

so long as she shall live and the lot laying between

the lot of my house and Windfield Smith lot from the

street to the garden fence. My wife can do with it

as may seem right to sell it for herself and keep the

money and if she should become necessary, on the

account of sickness or any other providential occurrence

so she should be in need of money, she may sell the

lot on the south end of my lot adjoining J.C. Coles

on the West and Leroy Smith on the East on the

South on the lands of James Ogden. Supposed

to contain four and one half acres of land and my son

Elias Cole is to pay my said wife three hundred dol-

lars yearly so long as she may live and my said wife

has the privilege of keeping one cow and horse and buggy

and harness if she should desire to do so if not my

said said heirs may take them and sell or divide them

between themselves all of them my wife to keep one

cow.


Item 2d I devise and bequeath to my son Elias Cole and his

heirs that farm on which Elias Cole now resides. Sit=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 114)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 114)

Description

[page 114]

[corresponds to page 48 of Delaware County Will Records Vol. 8 1887-1890]

48

Hugh Cole's Will

=uated in Marlborough Township, County of Delaware

and State of Ohio, containing one hundred and fifty three

acres to have and to hold for ever and my son Elias Cole

twelve months after the death of my self or wife is to

pay Amanda Beelman the sum of Eight Hun-

dred Dollars the sum paid to H. Cole by the mother

of Amanda Beelman and Elias Cole is to pay to

Amanda Beelman at the rate of thirty dollars an

Acre for the said one hundred and fifty three acres and

Elias is not to be compelled to pay any part of the

said land money for two years after the death of

my self or wife , the interest on the eight hundred

dollars to commence on the first day of May. 1884.

Interest on the land money to commence on and after

the death of myself or wife. Interest at six percent

on all money. Elias not to pay over five hundred

dollars a year unless it is convenient for him to pay

more on the land money. at the death of my said

wife my heirs will take possession of my property both

Real and Chattel in the incorporated Villa of Ashley

and do with it as they may see proper either sell it

or keep it

I have a judgment against Samuel Sharp for about

five hundred dollars if not collected in my time I

desire my executors to collect it and divide it equally

between my three grandchildren to-wit: Charles Cole,

Milo Cole and Hugh Beelman it is my desire

that my executors will settle my Estate without

Probate Court do it fairly and justly.

In testimony where-

of I have hereunto set my hand and seal this 20" day

March. 1884.

Hugh Cole {seal}


Signed and acknowledged by said Hugh Cole as his

last Will and Testament in our presence and signed by

us in his presence.

Joseph F. Wilt

Wm Ashbrook.

I do hereby appoint Elias Cole and J.C. Cole, Exec-

utors of this my last will and testament hereby authorize

and empowering them to adjust release and discharge

in such manner as they may deem proper the debts

and claims due me.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 115)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 115)

Description

[page 115]

[corresponds to page 49 of Delaware County Will Records Vol. 8 1887-1890]


49

Eliza T. Glover's Will.

Journal Entry.

June 6" 1887


In the Matter of the Will | Probate Court.

of Eliza T. Glover. Deceased. |

This day, an instrument

of writing, purporting to be the last Will and Testament

of Eliza T. Glover, late of Delaware City, in this

County, deceased, was produced in open Court for Pro-

bate, On consideration whereof, it is ordered that the

said Will be filed in this Court, and that due no-

tice thereof, and of the application to admit the same

to probate and record, be given to John J. Glover, Eli-

za J. Simpson, Mary A Neff, Amos L. Glover, Arthur

J. Glover, Bertha A. Glover and Mary A. Glover

heirs and next of kin of the Testatrix, resident of the

State of Ohio, that said application will be for hear-

ing before this Court on the 13" day of June. A.D.

1887. at 10 o'clock A.M.,

Rufus Carpenter

Probate Judge.


Notice to Heirs


The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Eliza T. Glover, deceased.

To John J. Glover,

Eliza J. Simpson, Mary A. Neff, Amos L. Glover

Arthur J. Glover, Bertha A. Glover and Mary A. Glover.

You are

hereby notified that on the 6" day of June A.D. 1887. an

instrument of writing, purporting to be the last Will and

Testament of Eliza T. Glover late of Delaware City,

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

an application to admit the same to probate was on

the same day made in said Court. Said application

will be for hearing before this Court on the 13" day of

June. A.D. 1887. at 10 o'clock. A.M.

Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 3rd day of June. A.D. 1887.


Return.

The State of Ohio } ss

Delaware County }

Amos Glover being duly sworn, says

that on the 6" day of June A.D 1887, he served the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 116)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 116)

Description

[page 116]

[corresponds to page 50 of Delaware County Will Records Vol. 8 1887-1890]

50

Eliza T. Glover's Will.

within notice by delivering a true copy thereof to the

within named Amos L. Glover and Bertha A. Glover, and

the 8" day of June 1887 to John J. Glover, Eliza J. Simpson,

Mary A. Neff, Arthur J. Glover and Mary A. Glover

this notice.

Amos Glover

Subscribed in my presence and sworn to before me this 11"

day of June 1887.

Rufus Carpenter

Probate Judge.


Probate of Will.


In Probate Court } In the Matter of proving the last Will

Delaware County. Ohio. } and Testament of Eliza T. Glover. Deceased.


The State of Ohio } ss

Delaware County }

John Cunningham, being duly

sworn and examined as a witness in the above entitled

matter, says; I was present at the execution of the instru-

ment now shown to me, bearing date the 4" day of March

A.D. 1883. and offered for probate as the last Will and

Testament of Eliza T. Glover, late of Delaware Township,

in said County of Delaware, deceased sign and seal said instru-

ment, and heard her acknowledge the same to be her last

Will and Testament; and I, thereupon, at her request, and

in her presence, subscribed my name to the same as a

witness. The said decedent, at the time of making, signing

and sealing said instrument, was of full age, of sound mind

and memory, and not under any restraint.

John Cunningham

Sworn to and subscribed by said witness in open Court,

this 13" day of June. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.

The State of Ohio } ss

Delaware County }

H.M. Perkins, being duly sworn and

examined as a witness in the above entitled matter, says;

I was present at the execution of the instrument now

known to me, bearing date the 4" day of March. A.D.

1883, and offered for probate as the last Will and Testa-

ment of Eliza T. Glover, late of Delaware Township, in

said County of Delaware, deceased, and saw the said Eli-

za T. Glover, now deceased, sign and seal said instrument,

and heard her acknowledge the same to be her last Will
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 117)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 117)

Description

[page 117]

[corresponds to page 51 of Delaware County Will Records Vol. 8 1887-1890]

51

Eliza T. Glover's Will.


and Testament, and I, thereupon, at her request, and in

her presence, subscribed my name to the same as a

witness. The said decedent, at the time of making, sign-

ing and sealing said instrument, was of full age, of sound

mind and memory, and not under any restraint,

H.M. Perkins

Sworn to and subscribed by said witness in open Court,

this 13" day of June. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

June 13" 1887.


In the matter of the Will of |

Eliza T. Glover. Deceased. |

Be it remembered, that here-

tofore to-wit: on the 6" day of June. A.D. 1887 an instru-

ment of writing, purporting to be the last Will and Testa-

ment of Eliza T. Glover, late of Delaware City, in this

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

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

satisfaction of the Court, that due notice of the filing of

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

probate and record in this Court, has been given to John

J. Glover, Eliza J. Simpson, Mary A. Neff, Amos L. Glov-

er, Arthur J. Glover, Bertha A. Glover and Mary A. Glover

heirs and next of kin of the Testatrix, resident of the State

of Ohio, pursuant to a former order of this Court; there-

fore, on this day came John Cunningham and H.M. Per-

kins the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attestation of

said Will. Which Testimony was reduced to writing, by

them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Eliza T.

Glover, deceased. That the same was duly executed and

attested; and that the said Testatrix, at the time of

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

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

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

be admitted to probate, and that the same. together with the

testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this

Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 118)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 118)

Description

[page 118]

[corresponds to page 52 of Delaware County Will Records Vol. 8 1887-1890]


52

Eliza T. Glover's Will.

Copy of Will.


In the Name of the Benevolent Father of All I, Eliza

T. Glover of the County & City of Delaware, Ohio, Being

of sound mind and memory do make and publish this my

last Will and testimony in manner and form following.


1st. It is my will that all my just debts and expenses be

paid

2d I give and devise to my son Amos Glover the house and

lot where I now reside on west William Street being

the Lot I purchased from M. D. Civil & wife. Being

132 feet front and 363 feet back with all the buildings there-

on and all the furniture & bed and beding in the south east room

which I give to my grand daughter Allace Glover that

being the room she now occupys.


3d It is my will that the house and lot I now own on the

south side of William Street be sold as soon as can be

done without sacrifice and the proceeds with the notes and

money I may be possessed of at my decease shall be

divided (If there shall be sufficient to pay that amount,

as follows, to my son John J. Glover three thousand dollars

and to my daughter Eliza J. Simpson three thousand dollars

and to my son Samuel Glover three thousand dollars

and to my daughter Mary Neff three thousand dollars

and to my daughter Sarah McDarvin three thousand dollars

and to the heirs of my son Arthur Glover deceased three thous-

and dollars that amount to be divided equally between all

that may be living at my decease of said heirs.


4th If there shall be any surplus after paying the foregoing be-

quests the balance shall be equally divided between my son

Amos Glover and all the heretofore named sons & daughters and

to the heirs of Arthur Glover one seventh share as heretofore

stated.

5th I hereby appoint my son Amos Glover as my Executor to

carry out the provisions of this my last will and testament

and he is hereby authorized to sell and convey any real estate

the same as I could do myself either at public or private

sale as he may think best.

In testimony whereof I hereunto set my hand

and seal this fourth day of March .A.D. 1883.

Eliza T. Glover. {Seal}

Signed and acknowledged by Eliza T. Glover the testator in our

presence and signed by us in her presence and at her request.

John Cunningham

H.M. Perkins.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 119)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 119)

Description

[page 119]

[corresponds to page 53 of Delaware County Will Records Vol. 8 1887-1890]


53

David A. Stark's Will.

Journal Entry.

June 29" 1887


In the Matter of the Will | In the Probate Court of

of David A. Stark, Deceased. | Delaware County ,Ohio.


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

last Will and Testament of David A. Stark, late of

Delaware City, in this County, deceased, was pro-

duced in open Court for Probate, On consideration

whereof, it is ordered that the said Will be filed in

the Court. And thereupon came Maggie R. Stark

widow and only heir at law of said David A Stark,

deceased, and entered her appearance herein and consent-

ed to the probate of said Will. And afterwards ,to-wit,

came F.M. Marriott and Charles W. Knight the sub-

scribing witnesses to said Will, who being duly sworn

testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them re-

spectively subscribed, and filed with said Will, where-

upon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said David A.

Stark, deceased. That the same was duly executed and

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

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

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

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

be admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this

Court. And it appearing that Maggie R. Stark, his widow, is the only heir under

said Will, and that there are no debts against said Estate, the appointment of an

Executor under said Will is deferred.

Rufus Carpenter

Probate Judge.

Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County

Personally appeared in open Court

Charles W. Knight and F. M. Marriott the subscribing

witnesses to the last Will and Testament of David A.

Stark, late of Delaware Township in said Delaware

County, deceased, who being duly sworn according to

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

but the truth, in relation to the execution of said Will

depose and say: That the paper before them bearing date

the 7" day of October .A.D. 1886, purporting to be the

last Will and Testament of David A. Stark now deceased,

is the Will of said deceased, David A. Stark, that
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 120)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 120)

Description

[page 120]

[corresponds to page 54 of Delaware County Will Records Vol. 8 1887-1890]


54

David A. Stark's Will.

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 David A. Stark deceased sign and

seal said Will, and heard him acknowledge the same

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

David A. Stark at the time of making, signing and

sealing said Will, was of full age, of sound mind and mem-

ory, and not under any restraint.

F.M. Marriott

Charles W. Knight

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

this 29" day of June. A. D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Copy of Will.


Last Will and Testament of David A. Stark of

Delaware Ohio.


I, David A. Stark of Delaware Ohio of sound and dis-

posing mind, wishing while yet in full life to make

disposition of my property do on this 7th day of October

at Delaware Ohio make and publish this my last Will

and Testament.

That is to say I give devise and bequeath all my estate

of every kind and description whether of Real or person-

al property of which I may die seized to my beloved

wife Maggie R. Stark to be hers and her heirs forever,

making only the reservation that all my debts and

funeral expenses be paid.

I hereby nominate, constitute and appoint my said wife

Maggie R Stark Executrix of this my last Will.

and I request and direct that she be not required to give

bond as such Executrix.

In testimony whereof I have hereunto set

my hand and seal this 7" day of October, 1886.

David A. Stark { }

Signed sealed and acknowledged by the said David A.

Stark as his Last Will and Testament in our presence

and at his request by us signed as witnesses in his

presence and in the presence of each other this 7" day

of October. 1886.

Charles W. Knight

F.M. Marriott.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 121)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 121)

Description

[page 121]

[corresponds to page 55 of Delaware County Will Records Vol. 8 1887-1890]


55

Louisa Cockrell's Will.

Journal Entry.

July 12" 1887.


In the Matter of the Will of | In the Probate Court of

Louisa Cockrell. Deceased. | Delaware County. Ohio


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

last Will and Testament of Louisa Cockrell, late of Ge-

noa Township, in this County, deceased, was produced

in open Court for Probate; On consideration whereof, it

is ordered that the said Will be filed in this Court,

and that due notice thereof, and of the application to admit

the same to probate and record be given to James M.

Cockrell husband of decedent, William H. Deremer - John

L. Deremer - Andrew B. Deremer - Ann M Deremer -

Simon W. Deremer - George B. A. Deremer - Emily J

Smothers and Charles G. Deremer, heirs and next of kin

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

application will be for hearing before this Court on

the 19th day of July A.D. 1887. at 2 o'clock P.M.

Rufus Carpenter

Probate Judge


Notice to Heirs.

The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and Tes-

tament of Louisa Cockrell, deceased.

To James M. Cockrell.

William H. Deremer - John L. Deremer - Andrew B.

Deremer - Ann M. Deremer - Simon W. Deremer -

George B. A. Deremer - Emily J. Smothers and Charles

G. Deremer:

You are hereby notified that on the 12" day of Ju=

ly. A.D. 1887. an instrument of writing, purporting to be

the last Will and Testament of Louisa Cockrell, late of

Genoa Township, in said County, deceased, was produced

in open Court, and an application to admit the same

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

Said application will be for hearing before this Court

on the 19" day of July. A.D. 1887. at 2 o'clock P.M.

Rufus Carpenter

Probate Judge.


Dated at Delaware Ohio, this 12" day of July A.D

1887.

{ Seal }
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 122)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 122)

Description

[page 122]

[corresponds to page 56 of Delaware County Will Records Vol. 8 1887-1890]

56

Louisa Cockrell's Will

Return.


The State of Ohio } ss

Delaware County }

John Adams being duly sworn, says

that on the 14" day of July. A.D. 1887. he served the with=

-in notice by delivering a true copy thereof to the within

named James M Cockrell , William Dermer. John

Dermer - July 16' 1887. Anna Dermer - Simon W. Der.

=mer _ George B. Dermer- Emily J. Smothers - Charles B.

Dermer and Andrew B. Dermer.

John Adams.

Subscribed in my presence and sworn ' to before me this

19th day of July 1887.

Rufus Carpenter

{Seal} Probate Judge


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

John Adams and John Loar the subscribing witnesses

to the last Will and Testament of Louisa Cockrell 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 pa=

=per before them bearing date the 4th day of February A.D.

1887, purporting to be the last Will and Testament of Lou=

=isa Cockrell now deceased, is the Will of said deceased,

Louisa Cockrell, that they were present at the exec=

=tion of said Will, and at the request of the Testatrix,

respectively subscribed their names to the same as wit=

=nesses, in her presence; that they saw the said Louisa

Cockrell deceased, sign and seal said Will, and heard her

acknowledge the same to be her last Will and Testament,

and that the said Louisa Cockrell at the time of

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

and memory, and not under any restraint.

John Adams

John Loar.


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

this 19" day of July. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 123)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 123)

Description

[page 123]

[corresponds to page 57 of Delaware County Will Records Vol. 8 1887-1890]

57

Louisa Cockrell's Will.

Journal Entry

July 19" 1887.


In the Matter of the Will of }

Louisa Cockrell. Deceased. }

Be it remembered, that here-

tofore, to-wit: on the 12" day of July A.D. 1887, an

instrument of writing, purporting to be the last Will and

Testament of Louisa Cockrell, late of Genoa Township

in this County, deceased, was produced in open Court

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

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

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

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

to James M. Cockrell her widower, and William H. Dere-

mer - John L Deremer- Andrew B. Deremer- Ann M.

Deremer- Simon W. Deremer- George B.A. Deremer -

Emily J. Smothers and Charles G. Deremer heirs and next

of kin of the Testatrix, resident of the State of Ohio, pur-

=suant to a former order of this Court; therefore on this

day came John Adams. and John Loar the subscribing

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

the due execution and attestation of said Will. Which

testimony was reduced to writing , by them respectively sub-

scribed and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the

last Will and Testament of said Louisa Cockrell, deceased.

That the same was duly executed and attested; and that the

said Testatrix at the time of making, signing and sealing

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

and not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and

that the same, together with the testimony of the witness=

=es above name, as well as the proceedings had thereon, be

entered of record in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will

In the name of the Benevolent Father of All

Item 1st I give and devise to my daughter Ann M. Bureau

fall leaf table, Stand and Large arm. rocking chair, 25

yards carpet striped with red. best bed including the

sheets, blankets and quilts, pillows necessary to complete

a bed, two coverlets, one green & red. one blue & white

one quilt called the Irish chain. one white wool blanket

red stripe on the ends also two pictures for the walls.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 124)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 124)

Description

[page 124]

[corresponds to page 58 of Delaware County Will Records Vol. 8 1887-1890]


58

Louisa Cockrell's Will.


Item 2d I give and devise to Simon Wesley, one quilt star quilt

one dark comforter also two picture for the wall.

Item 3d I give and devise to Emma J. Smothers, one cook stove

and all cooking utensils belonging with it, one carpet the

old one.

Item 4th I give and devise to George A. one set chairs wooden bot=

=tom, one cain bottom rocking chair, one feather bed &

two pillows, one comforter dark calico (2 quilts) one star

quilt one Washington march, and two pictures for the wall.


Item 5th I give and devise to Charles G. one bed complete with dark

bedstead the same one he bought. (two quilts) one

star quilt & one sugar leaf. one comforter dark calico,

one safe, one clock, also two pictures for the wall,


Item 6th I give and devise to William H. (one quilt) star quilt joined

with pink.

Item 7th I give and devise to John L. (one quilt) call the dou-

ble X.

Item 8th I give and devise to Andrew B. one quilt, called the

sugar bowl.

Item 9th I give and devise to my children equal all of my effects

not mentioned in this writing also what Pork there is left.

Item 10th It is my last will that the house and lot be sold &

divided equal between my children.

In testimony hereof

I have hereunto set my hand and seal this 4th day

of February. 1887.

Louisa Cockrell. {Seal}


Signed and acknowledged by said Louisa Cockrell as

her last Will and Testament and by us in her presence.

Witness John Adams {Seal}

John Loar {Seal}


In testimony whereof I have hereunto subscribed my

name officially this 4th day of February. 1887.

James Cockrell

Justice of the Peace
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 125)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 125)

Description

[page 125]

[corresponds to page 59 of Delaware County Will Records Vol. 8 1887-1890]


59

Robert Alfred Whyte's Will.

Journal Entry.

June 21" 1887.

In the Matter of the Will of }

Robert Alfred Whyte. decd }

An authenticated copy of

the last will and testament of Robert A. Whyte, late

of Hamilton Co. O., deceased, and of the order of probate

of the same, in said County, were this day presented to

this Court for record. Whereupon the court, finding

that certain real estate devised by said Will is situ=

=ated in this county, hereby admits said copies to record,

as provided by law in such cases.

Rufus Carpenter

Probate Judge



Copy.

State of Ohio } ss

Hamilton County}

Whereas, Robert A. Whyte late of

the County of Hamilton and State of Ohio, died, leav=

=ing a last Will and Testament (a true copy whereof is

hereto attached) which said Will has been duly prov=

=en and admitted to record by our Probate Court with=

in and for the County aforesaid, on the 8th day of Jany.

A.D. 1883.

Know Ye Therefore, That the said

Probate Court has granted unto Martha E Whyte

the Executrix in said Will named, Letters Testa=

=mentary thereon: hereby granting to said Executrix

all and singular, the power necessary and by law required,

to enable her to take an inventory of, collect, sue for,

and recover, all and singular, the goods, chattels, and cred-

=its of the said deceased; and out of the same, or such

part thereof as shall come to her hands, the debts of

the said deceased, and the legacies in said Will named,

to pay and discharge according to law, and to the Will

of said Testator, and the same fully to administer in

all things as required by law.

And the Court has appointed _______

______ ______ ______ ___=___ ____ to appraise, on oath or affirma:

tion, all and singular, the goods, chattels and credits of the

said deceased.

In Testimony Whereof, I have hereunto set my hand and

affixed the seal of the said Probate Court, at Cincinnati,

the 8th day of Jan'y in the year of our Lord one thousand

eight hundred and eighty three.

{Seal} Isaac B. Matson Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 126)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 126)

Description

[page 126]

[corresponds to page 60 of Delaware County Will Records Vol. 8 1887-1890]

60

Robert Alfred Whyte's Will.

Cincinnati Hamilton Co., Ohio.

October the 28th 1882.

In the Name of God Amen, Know all men, by

these Presents, that I Robert Alfred Whyte be=

=ing of sound mind and memory do make and publish

this as my last Will and Testament.

1st that all my just

debts, and funeral Expenses be paid,

2d. I give and Bequeath to my beloved Martha E.

Whyte, all my Real and Personal Estate, and Prop=

=erty.

3rd, I nominate and appoint my wife Martha E. Whyte

Executrix of my will and I desire that no Bond or

Security be required of her.

as witness my hand this

28th day of October 1882.

Robt. A. Whyte


Witnesses Signed by him in our Presence and by us

in his Presence and in Presence of each other.


R.F. Fossett

Chr Mund.

October the 28th 1882.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 127)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 127)

Description

[page 127]

[corresponds to page 61 of Delaware County Will Records Vol. 8 1887-1890]


61

William Smith's Will.

Journal Entry.

August 6" 1887


In the Matter of the Will } In the Probate Court of

of William Smith, Deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of William Smith,

late of Thompson Township, in this County, deceased,

was produced in open Court for Probate; On consideration

whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof, and

of the application to admit the same to probate and

record, be given to Lucinda Smith, his widow, and

Jane M. Fausnaught and Artemecia Knackle, next

of kin of the testator, resident of the State of Ohio.,

that said application will be for hearing before this

Court on the 11th day of August A.D. 1887. at 10

o'clock A.M.

Rufus carpenter

Probate Judge.


Notice to Heirs.


The State of Ohio } In Probate Court

Delaware County, ss }

In the matter of the last Will and

Testament of William Smith, deceased.

To Lucinda Smith

Jane M. Fausnaught and Artemecia Knackle:

You are hereby

notified that on the 6" day of August A.D. 1887, an

instrument of writing, purporting to be the last Will

and Testament of William Smith, late of Thompson

Township, in said County, deceased, was produced in

open Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before this

Court on the 11" day of August. A.D. 1887. at 10

o'clock A.M.

Rufus Carpenter

Probate Judge.


Dated at Delaware Ohio, this 6" day of August

A.D. 1887

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 128)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 128)

Description

[page 128]

[corresponds to page 62 of Delaware County Will Records Vol. 8 1887-1890]


62

William Smith's Will.

Return.

The State of Ohio } ss.

Delaware County } Eli Sloop being duly sworn,

says that on the 6" day of Au=

gust. A.D. 1887. he served the within notice by de=

=livering a true copy thereof to the within named

Lucinda Smith, Jane M. Fausnaught & Arti=

=mecia Knackle.

Eli Sloop.


Subscribed in my presence and sworn to before me,

this 11th day of Aug. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open

Court Eli Sloop & Martha J. Sloop. the sub-

=scribing witnesses to the last Will and Testament of

William Smith, late of Thompson Township in

said Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the

whole truth and nothing but the truth, in rela=

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

That the paper before them bearing date the 27"

day of November. A.D. 1885. purporting to be the last

Will and Testament of William Smith now de=

=ceased, is the Will of said deceased William Smith

that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his pres=

=ence; that they saw the said William Smith

deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and

Testament, and that the said William Smith at

the time of making, signing and sealing said Will,

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

under any restraint.

Eli Sloop.

Martha I Sloop.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 129)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 129)

Description

[page 129]

[corresponds to page 63 of Delaware County Will Records Vol. 8 1887-1890]


63

William Smith's Will


Sworn to and subscribed by said witnesses, in open

Court, this 11th day of August. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

Aug. 11" 1887.


In the Matter of the Will of }

William Smith, Deceased. } Be it remembered, that

heretofore, to-wit: on the 6"


day of August. A.D. 1887. an instrument of writing

purporting to be the last Will and Testament of Wil=

=liam Smith, late of Thompson Township, in this

County, deceased, was produced in open Court for pro=

=bate, 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 Lucinda Smith his widow, and Jane

M Fausnaught and Artimecia Knackle next of kin

of the Testator, resident of the State of Ohio, pur=

=suant to a former order of this Court; therefore, on

this day came Eli Sloop and Martha J. Sloop

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and filed

with said Will. Whereupon the Court finds that:

the aforesaid instrument of writing is the last Will and

Testament of said William Smith, deceased. That

the same was duly executed and attested; and that the

said Testator, at the time of making, signing and seal=

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

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

by the Court ordered, that the said Will be admit=

=ted to probate, and that the same, together with the

testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in

this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 130)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 130)

Description

[page 130]

[corresponds to page 64 of Delaware County Will Records Vol. 8 1887-1890]


64

William Smith's Will.

Copy of Will.

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

William Smith of Thompson Township, Delaware

County and State of Ohio, do make and publish

this my last Will and Testament.


1st After my funeral expenses are paid I will and di=

=rect that Lucinda Smith my wife shall have

all of my property both real and personal if she

shall survive me for her own use and benefit as long

as she may live.

2d After Lucinda Smith my wife is deceased I di-

rect that Artimecia Knachel my daughter & Sam=

=uel Knachel her husband shall have and hold for

their own use and benefit as long as they may live -

all of my real estate in said Township and Coun=

=ty, except six acres on the north end of (23) Twen=

ty three acres of Land that I bought of James Al=

=exander. On the following trusts that is they shall

pay to Jane Mary Fausnaught ($600.00) Six hundred

dollars inside of six years after my death and after the

death of Lucinda Smith and they shall keep the

taxes paid up on all of the Land in their possession.

And the (6) six acres above mentioned or excepted

give to Jane Mary Fausnaught my daughter without

conditions.

3d After Artimecia Knackel and Samuel Knackel

shall be deceased then my real estate shall be sold and

the proceeds be divided between Artimecia Knackels heirs.

4th. If there shall be any personal property or money of

notes left after my death and Lucinda Smith's death

the perishable property shall be sold and the whole of my

personal property shall be divided equally between my

daughter Jane Mary Fausnaught's heirs.

5th. I will that Lucinda Smith my wife be administra=

=tor without giving bonds or without making Inven=

=tory or Appraisement.

William Smith {Seal}



The above was signed in the presence of us witness-

=es this 27" day of November. A.D. 1885.

Witnesses. { Martha J. Sloop

{ Eli Sloop
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 131)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 131)

Description

[page 131]

[corresponds to page 65 of Delaware County Will Records Vol. 8 1887-1890]


65

Thadeus O. Seely's Will.

Journal Entry.

August 15" 1887.


In the Matter of the Will } In the Probate Court of

of Thadeus O. Seely. Deed } Delaware County. Ohio.


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

last Will and Testament of Thadeus O. Seely, late

of Concord Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record,

be given to Mary E. Thomas - Sue Thompson - An -

=tinett Seely and William B. Seely heirs and next of

kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before this

Court on the 23d day of August. A.D. 1887 at 10 o'clock.

Rufus Carpenter

Probate Judge


Journal Entry.

Aug 23d 1887.

In the Matter of the Will }

Thadeus O. Seely. Decd } All the heirs not having yet been

served with Notice this cause

is continued until Tuesday. the 30" day of August. A.D.

1887 at 10 o'clock A.M.

Rufus Carpenter

Probate Judge.


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and Tes=

=tament of Thadeus Seely. deceased.

To Mary E. Thomas, Sue

Thompson - Antinett Seely - William T. Seely & H.B.

Seely.

You are hereby notified that on the 15th day of August

A.D. 1887. an instrument of writing, purporting to be the

last Will and Testament of Thadeus Seely late of Con=

=cord Township, in said County, deceased, was produced

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

probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 23rd day of August. A.D. 1887. at 10 o'clock.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 132)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 132)

Description

[page 132]

[corresponds to page 66 of Delaware County Will Records Vol. 8 1887-1890]


66

Thadeus O. Seely's Will.

A.M.

Rufus Carpenter, Probate Judge.

Dated at Delaware Ohio, this 13th day of August. A.

D. 1887.

Return.

The State of Ohio } ss

Delaware County } H.B. Seely being duly sworn, says

that on the 17" & 26" days of Aug=

=ust. A.D. 1887. he served the within notice by delivering

a true copy thereof to the within named Mary E. Thom:

=as - Sue Thompson - Antinette Seely and William T.

Seely.

H.B. Seely.

Subscribed in my presence and sworn to before me this

30' day of Aug. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio }ss In Probate Court.

Delaware County. }

Personally appeared in open Court

Leroy A. Glick and M.E. Wollam the subscribing wit=

nessess to the last Will and Testament of Thadeus O.

Seely 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 July. A.D. 1886. purporting to be the last Will

and Testament of Thadeus O. Seely, that they

were present at the execution of said Will, and at the re=

=quest of the Testator, respectively subscribed their names

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

the said Thadeus O. Seely, deceased, sign and seal said

Will, and heard him acknowledged the same to be his

last Will and Testament, and that the said Thadeus O

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

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

any restraint.

Leroy A. Glick.

M.E. Wollam.

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

this 30" day of August. A.D. 1887.

{seal} Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 133)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 133)

Description

[page 133]

[corresponds to page 67 of Delaware County Will Records Vol. 8 1887-1890]


67

Thadeus O. Seely's Will.

Journal Entry.


August 30 1887.


In the matter of the Will of |

Thadeus O. Seely. Deceased | Be it remembered, that

heretofore, to-wit: on the

15" day of August. A.D. 1887 an instrument of writing

purporting to be the last Will and Testament of Thadeus

O. Seely, late of Concord. Township, in this Coun=

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

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

satisfaction of the Court, that due notice of the fil=

=ing of said Will, and of the application to admit

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

given to Mary E. Thomas - Sue Thompson - Anti=

=nette Seely and William T. Seely heirs and next

of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court; therefore on

this day came Leroy A. Glick and M.E. Wollam the

subscribing witnesses to said Will, who being duly sworn

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will.

whereupon the Court finds that the aforesaid instru=

=ment of writing is the last Will and Testament of said

Thadeus O. Seely, deceased. That the same was du=

ly executed and attested, and that the said Testator

at the time of making, signing and sealing said Will

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

under any restraint. It is, therefore, by the Court,

ordered that the said Will be admitted to probate, and

that the same, together with the testimony of the wit=

nesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.

Copy of Will.

In the name of the Benevolent Father of All,

I, Thadeus O. Seeley of the Township of Concord,

County of Delaware and State of Ohio do make and

publish this my last will and testament.

Item 1st I give and devise to my son Heric B. Seeley all of

the farm on the west of the pike on which I now

reside. Situated in the above said County, he to

pay my sons Charles Seeley Five Hundred Dol=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 134)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 134)

Description

[page 134]

[corresponds to page 68 of Delaware County Will Records Vol. 8 1887-1890]


68

Thadeus O. Seely's Will.

lars ($500.00) to James P. Seeley Five Hundred

Dollars ($500.00) to William T. Seeley Fifteen Hun=

=dred Dollars $1500, to Mary E. Thomas Five Hun=

=dred Dollars ($500.00) to be invested in real estate

for her heirs forever.

Item 2nd. Provided William I would rather have one half of

the aforesaid land then he to pay the one half of

the amount named to Charles, James P. and Mary

E. Thomas.

Item 3rd The Land in the East side of the pike I give and

devise to my daughter Antoinett Seeley she to pay

Susan J Thompson One Thousand Dollars. to the

Heirs of my son Josiah Seeley namely Charles she

is to give one horse valued at One Hundred Dollars -

to Carel also one horse valued at One Hundred to

Nellie One Hundred Dollars ($100.00).

Item 4th I desire that the above named amounts be paid

within five years of my decease with five per cent

interest from the date of m decease.

I desire that no appraisement and no sale of my per=

=sonal property be made and that the court of Probate

direct the omission of the same in pursuance of the

statute.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand

and seal this 12" day of July. in the year 1886.

Thadeus O. Seely. {Seal},


Signed and acknowledged by said Thadeus O. Seeley

as his last will and testament in our presence and sign=

=ed by us in his presence.

Leroy A. Glick

M.E. Wollam.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 135)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 135)

Description

[page 135]

[corresponds to page 69 of Delaware County Will Records Vol. 8 1887-1890]


69

Elnathan R. Craig's Will.

Journal Entry.

August 27" 1887


In the Matter of the Will of | In the Probate Court of

Elnathan R. Craig. Deceased | Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Elnathan R. Craig,

late of Delaware Township, in this County, deceased.

was produced in open Court for Probate; On Con:

sideration whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and rec=

=ord, be given to Sarah Ann Craig his widow and

Francis Schaff heir and next of kin of the Testator,

resident of the State of Ohio, that said application

will be for hearing before this Court on the 31st day of

August. A.D. 1887. at 9 o'clock. A.M.,

Rufus Carpenter

Probate Judge.


Notice to Heirs.

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Elnathan R. Craig. deceased.

To Sarah Ann

Craig & Francis Schaff:

You are hereby notified

that on the 27th day of August. A.D. 1887 an instrument

of writing, purporting to be the last Will and Testament

of Elnathan R. Craig, late of Delaware Township,

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

and an application to admit the same to probate was on

the same day made in said Court. Said application

will be for hearing before this Court on the 31st day

of August. A.D. 1887. at 9 o'clock .A.M.

Rufus Carpenter

Probate Judge


Dated at Delaware Ohio, this 27" day of Aug:

ust. A.D. 1887.

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 136)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 136)

Description

[page 136]

[corresponds to page 70 of Delaware County Will Records Vol. 8 1887-1890]


70

Elnathan R. Craig's Will.

Return.


The State of Ohio } ss

Delaware County }

J.G. Grove, being duly sworn,

says that on the 27" day of August. A.D. 1887. he served

the within notice by delivering a true copy thereof to

the within named Sarah Ann Craig and Fran=

=cis Schaff.

J. G. Grove.

Subscribed in my presence and sworn to before me.

this 31st day of August. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open

Court Henry S. Culver and Frank L. Grove the

subscribing witnesses to the last Will and Testament

of Elnathan R. Craig 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 ex=

ecution of said Will, depose and say: That the pa=

=per before them bearing date the 28" day of August,

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

of Elnathan R. Craig now deceased, is the Will

of said deceased, Elnathan R. Craig. 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 Elnathan R. Craig deceased, sign and

seal said Will, and heard him acknowledge the same

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

Elnathan R. Craig 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 S. Culver

Frank L. Grove.

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

this 31st day of August. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 137)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 137)

Description

[page 137]

[corresponds to page 71 of Delaware County Will Records Vol. 8 1887-1890]


71

Elnathan R. Craig's Will.

Journal Entry.

August 31" 1887.


In the Matter of the Will of |

Elnathan R. Craig Deceased |

Be it remembered, that

heretofore, to-wit: on the 27" day of August. A.D. 1887.

an instrument of writing, purporting to be the last Will

and Testament of Elnathan R. Craig, late of Delaware

Township, in this County, deceased, was produced in

open Court, for probate, and was then filed. And, it

now being shown to the satisfaction of the Court, that

due notice of the filing of said Will, and of the appli-

=cation to admit the same of probate and record in this

Court, has been given to Sarah Ann Craig his

widow and Francis Schaff next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order

of this Court; therefore, on this day came Henry S.

Culver and Frank L. Grove the subscribing witnesses

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

execution and attestation of said Will. Which testi-

mony was reduced 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 Elnathan R.

Craig, deceased. That the same was duly executed

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

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

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

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

Will be admitted to probate, and that the same togeth=

=er with the testimony of the witnesses above named, as

well as the proceedings had thereon, be entered of record

in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.

Last Will of Elnathan R. Craig.

In the name of the Benevolent Fath-

=er of All:

I Elnathan R. Craig of the County of

Delaware and State of Ohio being of sound and dispos=

=ing mind and memory, do make and publish this

my last will and testament.

First - I direct that all my just debts including fun=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 138)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 138)

Description

[page 138]

[corresponds to page 72 of Delaware County Will Records Vol. 8 1887-1890]


72

Elnathan R. Craig's Will.

eral expenses be paid out of my estate.


Second. - I give devise and bequeath unto my beloved wife Sarah

Ann Craig. all my estate both real and personal in

whatever it may consist or wherever situated, that I may

die possessed of, to be by her used & disposed of during

her natural life precisely the same as I myself might

do were I living, giving my said wife full power to sell

exchange invest and reinvest the same as to her shall

seem neet and proper. And I do hereby make consti=

-tute and appoint my said wife sole executrix of this

my last will and testament, hereby revoking all other

wills by me at any time heretofore made.

In witness whereof

I have hereunto set my hand and seal the twenty

eighth day of August. A.D. 1884.

Elnathan R. Craig. {Seal}


Signed by the said testator

Elnathan R. Craig as and

for his last will and testa=

ment in the presence of us

who at his request in his

sight and presence and in the

presence of each other have

subscribed our names as

attesting witnesses.

Henry S. Culver {Seal}

Frank L. Grove {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 139)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 139)

Description

[page 139]

[corresponds to page 73 of Delaware County Will Records Vol. 8 1887-1890]


73

Rees Williams' Will

Journal Entry.

August 23rd 1887.


In the Matter of the Will of | In the Probate Court of

Rees Williams, Deceased | Delaware County, Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Rees Williams, late

of Radnor Township, in this County, deceased, was

produced in open Court for Probate; On considera=

=tion whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the ap=

=plication to admit the same to probate and record, be

given to Daniel Williams, heir and next of kin of the

Testator (Thomas Williams - Mary A. Davis and Eliz=

=abeth J. Powell, the other heirs of said Testator hav:

ing waived notice and consented to the probate of said

Will) resident of the State of Ohio, that said appli

cation will be for hearing before this Court on the

1st day of September. A.D. 1887 at 10 o'clock. A.M.,

Rufus Carpenter

Probate Judge


Waiver

We, the undersigned heirs of the within named dec-

-edent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 23d day of August. A.D. 1887.

Thomas Williams

Mary A. Davis

Elizabeth J. Powell.


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and

Testament of Rees Williams, deceased.

To Daniel Williams:

You are hereby notified that on the 23rd day of August.

A.D. 1887. an instrument of writing, purporting to be

the last Will and Testament of Rees Williams late

of Radnor Township, in said County, deceased, was

produced in open Court, and an application to admit the

same to probate was on the same day made in said

Court. Said application will be for hearing before

this Court on the 1st day of September. A.D. 1887. at

10 o'clock. A.M.,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 140)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 140)

Description

[page 140]

[corresponds to page 74 of Delaware County Will Records Vol. 8 1887-1890]


74

Rees Williams' Will.

Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 23d day of August.

A.D. 1887.

Return.

The State of Ohio } ss

Delaware County } David S. Davis being duly sworn,

says that on the 31" day of August

A.D. 1887. he served the within notice by delivering

a true copy thereof to the within named Daniel Wil=

=liams.

David S. Davis.

Subscribed in my presence and sworn to before me this

1st day of Sept. 1887.

Rufus Carpenter

{Seal} Probate Judge


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

John L. Thurston and Henry J. Eaton the subscrib-

=ing witnesses to the last Will and Testament of Rees

Williams, late of Radnor Township in said Del=

aware County, deceased; who being duly sworn accord=

=ing 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 June. A.D. 1887.

purporting to be the last Will and Testament of Rees

Williams now deceased, is the Will of said deceased

Rees Williams, that they were present at the execu=

=tion 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

Rees Williams, deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will

and Testament, and that the said Rees Williams at

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

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

any restraint .

John L. Thurston

Henry J Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 141)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 141)

Description

[page 141]

[corresponds to page 75 of Delaware County Will Records Vol. 8 1887-1890]


75

Rees Williams' Will.

Sworn to and subscribed by said witnesses, in open court

this 1st day of September. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Journal Entry.

Sept. 1st 1887.


In the Matter of the Will of |

Rees Wiliams, Deceased |

Be it remembered, that

heretofore, to-wit: on the 23d

day of August. A.D. 1887. an instrument of writing,

purporting to be the last Will and Testament of Rees

Williams, late of Radnor Township, in this County

deceased, was produced in open Court for probate, and

was then filed. And, it now being shown to the sat=

=isfaction of the Court, has been given to

Daniel Williams one of the heirs and next of kin of

the Testator, (the other heirs having waived notice)

resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came John

L. Thurston and Henry J. Eaton the subscribing wit=

=nesses to said Will, who being duly sworn, testi=

=fied to the due execution and attestation of said Will

Which testimony was reduced to writing, by them re:

=spectively subscribed and filed with said Will, whereup:

=on the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Rees

Williams, deceased. That the same was duly executed

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

making, signing and sealing said Will, was of full

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

restraint. It is, therefore, by the Court, ordered,

that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon,

he entered of record in this Court.

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 142)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 142)

Description

[page 142]

[corresponds to page 76 of Delaware County Will Records Vol. 8 1887-1890]


76

Rees William's Estate.

Copy of Will.


The Last Will and Testament.

of

- Rees Williams - (Widower)

Of Radnor Township - Delaware County, Ohio.


In the Name of the Benevolent Father of All: -

I, the said Rees Williams, being of sound and dis=

=posing mind and memory, considering the uncertainty

of continuance in life, and desiring to make such dispo-

=sition of my worldly estate as I deem best, do make,

publish and declare, this to be my last will and testa-

=ment; hereby revoking and annulling any and all former

will or wills whatsoever by me made.


Item First: I desire all my just debts and funeral expenses to be

paid, as soon as possible after my decease, & that my

executor cause to be erected between the grave of my

departed wife & my own grave on my lot in the ceme=

=tery at the Welsh Congregational Church near my

present residence such suitable monument as he may think

best.

Item Second: I give and bequeath to my beloved Daughters, Mary A.

wife of David S. Davis, & Elizabeth wife of Morris

Powell, all residents of Radnor township Delaware

County, Ohio all my household furniture, beds, bedding

books, pictures wearing apparel, & all articles of person=

=al property of every kind whatsoever, that may be in &

belonging & to my dwelling house at my decease.


Item Third: My son Daniel Williams, now residing in the City

of Columbus Ohio, having already, in the money at sev=

eral times by me advanced to him out of my estate, &

money at different times by me paid for him as his surety

received his full equal share of my estate, & being myself

still liable as his surety on his note to David Bevan

amounting to about $600. in justice to my other children

I make no bequest to him out of my estate remaining at

my decease. And having already at various times & in

considerable sums made advancements out of my estate to

my son Cyrus Williams now in the State of Colorado,

to equalize matters & in justice to my other children, I

do give & bequeath to him the said Cyrus, the sum of

Three Hundred Dollars ($300) only, & which is to

be paid to him by my Executor out of the proceeds of my

estate when sold as herein after directed.

Item Fourth: To my beloved son Thomas Williams of Ashley Delaware

County Ohio, & my two Daughters, above named, I do give ~
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 143)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 143)

Description

[page 143]

[corresponds to page 77 of Delaware County Will Records Vol. 8 1887-1890]


77

Rees Williams' Will


bequeath the proceeds of all the rest of my estate, remaining

& left after paying said legacy of $300. to Cyrus, & taking out

the property given to my Daughters in "Item 2" & paying for

monument, debts & expenses as provided in "Item First," -

to be equally divided among the three by my Executor after

he shall have turned the same into money as herein after

directed.

Item Fifth: I do hereby authorize empower & direct my Executor, hereinaf=

=ter named to proceed with diligence, to take the money, that

may be on hand at my decease, & to collect all debts that

may be owing to me, & to sell at public or private sale &

upon such terms as he may think best all property, (not

above in "Item Second" given to my two daughters) which

may belong to me at my decease of every kind, nature, & de=

=scription whatsoever, whether real, personal or mixed, & in=

=cluding the farm of 100 acres on which I now reside, sit=

=uated in the south east corner of Radnor Township, Dela=

=ware County Ohio, Range 20.- Township five. Section four,

United States Military Survey, being the same, a part of

which was deeded to me by James Davis & wife April 20-

A.D. 1847. by deed recorded in the record of deeds for said

County, Vol. 27, pages 465 & the residue of which was

deeded to me by Jacob Dorward & wife Mch 31st. A.D. 1855.

by deed recorded in Vol. 38 - pages 280 & if I continue to

own said farm at my decease, & including also any other

real estate of which I may be the owner or have any interest

in at my decease, & deeds to purchasers of the real estate to

execute, acknowledge & deliver in fee-simple; & that my

said Executor do then apply, pay out, & distribute the pro-

ceeds of my said estate as hereinbefore in this will bequeath-

=ed & directed.

Item Sixth. If any legatee of this will file any petition in court, or com:

=mence any proceedings whatsoever to contest the validity of

this will, such legatee shall thereby be forever prohibited from

taking anything by this will & that portion given to such

legatee, shall then be equally divided among the other legatees

not contesting the validity of this will.

I nominate and appoint my worthy, competent & experienced

son in law David S. Davis to be the executor of this Will.

In witness whereof, I have hereunto set my hand and seal

this twenty first day of June, in the year eighteen hundred

and eighty seven.

Rees Williams {Seal}

Signed, sealed and acknowledged, by said Rees Williams

as and for his last will and testament, in our presence, and sub-

=scribed and attested by us, as witnesses, in his presence, and at

his request, & in the presence of each other.

John S. Thurston

Henry J. Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 144)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 144)

Description

[page 144]

[corresponds to page 78 of Delaware County Will Records Vol. 8 1887-1890]


78

James Stern's Will

Application for Probate:

The State of Ohio } ss In Probate Court.

Delaware County }


In the Matter of the Last }

Will and Testament of James } Application to Admit to Probate.

Stern, Deceased.

To the Hon. Rufus Carpen:

ter, Judge of the Probate Court in and for said Coun:

ty:

Your petitioner respectfully represent that James

Stern, late a resident of the Township of Trenton in

said County, died on or about the 2" day of Octo:

=ber. A.D. 1887, leaving an instrument in writing, here:

=to attached, purporting to be his last Will and

Testament. That the said James Stern died

leaving the following named person his only next

of kin resident of the State of Ohio:

Sarah L. Leak - Daughter - Vans Valley. O.

Your petitioner prays that a time may be fixed

for the proving of said Will.

Sarah S. Leak

The foregoing application was signed in my pres:

=ence, and sworn to before me this 13" day of Octo:

ber A.D. 1887.

Rufus Carpenter

Probate Judge.


Waiver.

I, the undersigned heir of the within named decedent,

hereby waive further notice, and consent to the probate

of said Will.

Dated this 13" day of October. A.D. 1887.

Sarah L. Leak.


Probate of Will

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court,

John Armstrong and Caroline Armstrong the subscrib:

=ing witnesses to the last Will and Testament of

James Stern late of Trenton Township in said

Delaware County, deceased, who being duly sworn

according to law to speak the truth, the whole

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

execution of said Will, depose and say: That the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 145)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 145)

Description

[page 145]

[corresponds to page 79 of Delaware County Will Records Vol. 8 1887-1890]


79

James Stern's Will

paper before them bearing date the 2d day of

August. A.D. 1887. purporting to be the last Will

and Testament of James Stern, now deceased, is the

Will of said deceased James Stern, 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 James Stern

deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and

Testament, and that the said James Stern at the

time of making, signing and sealing said Will, was

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

any restraint.

John Armstrong.

Caroline Armstrong.

Sworn to and subscribed by said witnesses, in open

Court, this 13" day of October. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Journal Entry.

Oct. 13" 1887.

In the Matter of the Will of } In Probate Court of

James Stern. Deceased. } Delaware County. Ohio


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

last Will and Testament of James Stern, late of Tren=

=ton Township, deceased, was produced in open Court

for Probate; On consideration whereof, it is ordered that

the said Will be filed in this Court. And thereupon

came Sarah L. Leak the only heir and next of kin of said

Testator, resident of the State of Ohio, and waived further

notice and consented to the probate of said Will. Therefore,

on this day came John Armstrong and Caroline Armstrong

the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said Will

whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said James

Stern, deceased. That the same was duly executed and at:

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

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

mind and memory and not under any restraint. It is

therefore, by the Court ordered, that the said Will be

admitted to probate, and that the same together with the tes-

timony of the witnesses above named, as well as the proceed-

ings had thereon, be entered of record in this Court.

Rufus Carpenter. Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 146)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 146)

Description

[page 146]

[corresponds to page 80 of Delaware County Will Records Vol. 8 1887-1890]


80

James Stern's Will.

Copy of Will.


In the Name of my Heavenly Father who has

thus far sustained me through the trials of life even

down to old age. I, James Stern of the Township of

Trenton, Delaware County and State of Ohio, Do make

publish & declare this my last Will & Testament

revoking all other Wills that I have made at

any former time. I being of sound mind & memory

Item 1 It is my will and I direct that my funeral ex-

penses and all my just debts be fully paid. by my

Executor.

2" I give and bequeath to my Daughter Sarah L. Leak,

all my property both personal & real which consists

in my farm of 100 acres of land & personal property

amounting to about Seven Hundred Dollars. her

natural life then to go to her children. entirely up:

=on the following conditions. That she Sarah L.

Leak shall pay or cause to be paid to my deceased

daughters children living now in the State of Iowa

namely James W. Grandle-Charles Grandle &

Frank Grandle Seven Hundred, to each one as they

become of age to be without interest. one of the heirs of

my Daughter Mary E. Roberts I have already paid

which is the reason I do not give her any thing at this

time.

Item My desire is under existing circumstances that my

Executor rent the farm and the proceeds be kept entire:

=ly for the payment of the aforesaid bequests

4" If in case the proceeds of the farm should fail to

pay the heirs as they become due then I direct my Ex-

ecutor to sell a small portion of the land to satisfy the

claims. But my wish is to keep all the land if pos=

=sible for the children.

5 It is my Will that in case of any trouble or diffi=

culty in settling up my Estate I give power to my

Executor to select two men of her choice to settle the

difficulty and their decision will be final in the matter

& binding & conclusive to all concerned.

6 I do hereby appoint & nominate my Daughter Sarah

L. Leak as my Executrix of this my last Will to act as.

such without bail or appraisement or sale.

In witness whereof I have this day hereunto set my

hand & seal this Twenty Second day of August. 1887,

in the year of our Lord on thousand Eight Hundred &

Eighty Seven

James Stern {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 147)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 147)

Description

[page 147]

[corresponds to page 81 of Delaware County Will Records Vol. 8 1887-1890]


81

Martha E. Chamber's Will.

The above instrument was signed and acknowledged by

said James Stern as his last Will & Testament in

our presence and signed by us in his presence.

as attesting witnesses.

John Armstrong } Van Valley Ohio

Caroline Armstrong } Delaware Co.


Martha E. Chamber's Will.

Journal Entry.

Oct. 12" 1887.

In the Matter of the Will } In the Probate Court of

of Martha E. Chambers. Decd } Delaware County.


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

last Will and Testament of Martha E. Chambers, late

of Delaware Township, in this County, deceased, was

produced in open Court for Probate; On Consid=

eration Whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof,

and of the application to admit the same to probate

and record, be given to Mary A. Crawford and Reuben

Chambers next of kin, and Lucy Whyte, Roena Whyte

and Rachel Merchant legatees of the Testatrix, resident

of the State of Ohio, that said application will be

for hearing before this Court on the 19" day of October.

A.D. 1887. at 10 o'clock A.M.,

Rufus Carpenter

Probate Judge.


Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County.ss }

In the matter of the last Will and

Testament of Martha E. Chambers, deceased.

To Mary A. Craw=

ford. Reuben Chambers, Lucy Whyte Roena Whyte

and Rachel Merchant.

You are hereby notified that on the

12" day of October. A.D. 1887. an instrument of writing,

purporting to be the last Will and Testament of Martha

E. Chambers, late of Delaware Township, in said

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

application to admit the same to probate was on the

same day made in said Court. Said application will be

for hearing before this Court on the 19" day of October

A.D.1887. at 10 o'clock A.M.,




Rufus Carpenter

Probate Judge.



Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County.ss }

In the matter of the last Will and

Testament of Martha E. Chambers, deceased.

To Mary A. Craw:

ford - Reuben Chambers, Lucy Whyte - Roena Whyte

and Rachel Merchant.

You are hereby notified that on the

12" day of October. A.D. 1887. an instrument of writing,

purporting to be the last Will and Testament of Martha

E. Chambers, late of Delaware Township, in said

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

application to admit the same to probate was on the

same day made in said Court. Said application will

be for hearing before this Court on the 19" day of

October. A.D. 1887. at 10 o'clock A.M.,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 148)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 148)

Description

[page 148]

[corresponds to page 82 of Delaware County Will Records Vol. 8 1887-1890]


82

Martha E. Chamber's Will

Rufus Carpenter

Probate Judge.

Dated at Delaware Ohio, this 12d day of October

A.D.1887.

{Seal}

Return

The State of Ohio } ss

Delaware County } Thomas Whyte, being duly sworn,

says that on the 12d day October,

A.D.1887, he served the within notice by delivering a

true copy thereof to the within named Roena Whyte an

infant, and also delivering a true copy thereof to Lucy Whyte

mother of said Roena Whyte, Mary A. Crawford, Reuben

Chambers, Lucy Whyte and Rachel Merchant.

Thos. A. Whyte.

Subscribed in my presence and sworn to before me this 19"

day of Oct. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Benjamin McPherson and Henry G. Sheldon. the subscrib=

=ing witnesses to the last Will and Testament of Martha

E. Chambers, late of Delaware Township in said Del=

=aware County, deceased; who being duly sworn accord=

=ing to law, to speak the truth, the whole truth, and noth=

=ing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bear=

=ing date the 28" day of July. A.D. 1887. purporting to be

the last Will and Testament of Martha E. Chambers,

now deceased, is the Will of said deceased Martha E.

Chambers, that they were present at the execution of

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

by subscribed their names to the same as witnesses,

in her presence; that they saw the said Martha E.

Chambers deceased sign and seal said Will and

heard her acknowledge the same to be her last Will

and Testament, and that the said Martha E. Chambers,

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

was of full age, of sound mind and memory, and not un=

der any restraint.

Benjamin McPherson.

Henry G. Sheldon.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 149)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 149)

Description

[page 149]

[corresponds to page 83 of Delaware County Will Records Vol. 8 1887-1890]


83

Martha E. Chamber's Will.


Sworn to and subscribed by said witnesses in open

Court, this 19" day of October A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

Oct. 19" 1887.

In the Matter of the Will }
}
of Martha E. Chambers. Decd }

Be it remembered, that here:

=tofore, to-wit; on the 12th day of October. A.D. 1887. an

instrument of writing, purporting to be the last Will

and Testament of Martha E. Chambers, 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 Mary A. Crawford

and Reuben Chamber next of kin, and Lucy Whyte

Roena Whyte and Rachel Merchant, legatees of the

Testatrix, resident of the State of Ohio, pursuant to

a former order of this Court; therefore, on this day

came Benjamin McPherson and Henry G. Sheldon,

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last Will

and Testament of said Martha E. Chambers, deceased.

That the same was duly executed and attested; and that

the said Testatrix, at the time of making, signing

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

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

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well

as the proceedings had thereon, be entered of record

in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 150)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 150)

Description

[page 150]

[corresponds to page 84 of Delaware County Will Records Vol. 8 1887-1890]


84

Martha E. Chamber's Estate.

Copy of Will.


In the Name of the Benevolent Father of All:

I Martha Ellen Chambers, of sound mind and mem-

ory do make and publish this my last Will and Tes-

=tament:

First. I give and bequeath to my sister Mary Ann Craw=

=ford, all my clothing and wearing apparel.


Second. I give and bequeath to Mrs. Lucy White wife of Al=

=phonso Whyte. all my beds and bedding - including

all except one pair pillows and one quilt and one

comfort which I give and bequeath to Roena White

daughter of said Alphonso and Lucy White.

I request that the lot which I now own in the city

of Delaware be sold and the proceeds thereof I hereby

give and bequeath to my said sister Mary Ann Craw=

ford.

I hereby appoint Alphonsus Whyte, Executor of

this my last Will and Testament, and request him to take

charge of my burial, and if any money be left of

which is now on hand, I give the same to said Alphon-

=so White.

I give one calico dress to Rachel Merchant.

her

Martha X Ellen Chambers.

mark


Signed by said Martha Ellen Chambers by mark

in our presence and signed by us in her presence, and at

her request this 28" day of July. 1887.


Benjamin McPherson

Henry G. Sheldon.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 151)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 151)

Description

[page 151]

[corresponds to page 85 of Delaware County Will Records Vol. 8 1887-1890]


85

Henry Boyd's Will.

Journal Entry.

Oct. 25" 1887.

In the Matter of the Will } In the Probate Court of

of Henry Boyd. Deceased. } Delaware County, Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Henry Boyd, late of

Trenton Township, in this County, deceased, was pro=

=duced in open Court for Probate; on consideration

whereof, it is ordered that the said Will be filed in

this Court, and that due notice thereof, and of the ap=

=plication to admit the same to probate and record be

given to Julia A. Boyd, his widow, and George Boyd.

John Boyd- Harvey Boyd - Jasper Boyd -Alsina

Andrews- Eliza Perfect . Sarah Boyd - James

Clark and George W. Boyd, legatees and next of kin

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

application will be for hearing before this Court on

the 1st day of November. A.D. 1887. at 1 o'clock P.M.,

Rufus Carpenter

Probate Judge

Waiver.

We, the undersigned legatees & heirs of the within named

decedent, hereby waive further notice, and consent to the pro-

=bate of said Will.

Dated this 25d day of October. A.D. 1887.

Clement L. Boyd

Bishop Boyd.

Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County. }

In the matter of the last Will and

Testament Henry Boyd, deceased.

To Julia A. Boyd, George Boyd.

John Boyd. Harvey Boyd. Jasper Boyd. Alsina Andrews,

Eliza Perfect Sarah Boyd - James Clark & George W.

Boyd ~ . You are hereby notified that on the 25"

day of October A.D. 1887. an instrument of writing, purport-

=ing to be the last Will and Testament of Henry Boyd

late of Trenton Township, in said County, deceased. was

produced in open Court, and an application to admit the

same to probate was on the same day made in said

Court. Said application will be for hearing before this

Court on the 1" day of November. A.D. 1887. at 1 o'clock P.M.,

Rufus Carpenter

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 152)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 152)

Description

[page 152]

[corresponds to page 86 of Delaware County Will Records Vol. 8 1887-1890]


86

Henry Boyd's Will.

Dated at Delaware Ohio, this 25" day of October,

A.D. 1887.


Return.


The State of Ohio. } ss

Delaware County, }

Clement L. Boyd, being the duly sworn,

says that on the 26" day of October, A.D. 1887 he serv-

-ed the written notice by delivering a true copy thereof

to the within named George Boyd, John Boyd, Har=

vey Boyd. Sina Andrews - Eliza Perfect . Sarah Boyd

Jasper Boyd. George W. Boyd - James Clark &

Julia A. Boyd

Clement L. Boyd.

Subscribed in my presence and sworn to before me

this 1st day of Nov. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.

The State of Ohio} ss In Probate Court.

Delaware County }

Personally appeared in open court

E.H. Dent and F.P. Dent, the subscribing witnesses to

the last Will and Testament of Henry Boyd late of

Trenton Township in said Delaware County, deceased,

who being duly sworn according to law, to speak the

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

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

That the paper before them bearing date the 21st day

of September. A.D. 1887. purporting to be the last

Will and Testament of Henry Boyd now deceased, is the

Will of said deceased Henry Boyd, 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 Henry Boyd deceased, sign and seal said Will

and heard him acknowledge the same to be his last Will

and Testament, and that the said Henry Boyd at the

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

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

restraint. And being further examined by counsel

testified as follows:

E. H. Dent

F. P. Dent.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 153)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 153)

Description

[page 153]

[corresponds to page 87 of Delaware County Will Records Vol. 8 1887-1890]


87

Henry Boyd's Will.


Sworn to and subscribed by said witnesses, in open

Court, this 1st day of November. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


E.H. Dent being further examined, testified as

follows:


Ques. In whose hand writing is the Will?

Ans: In my hand writing.

Ques. When and where did the Testator first speak to you

in reference to his Will?

Ans. On the 21st day of September, the day the will was

written.

Ques: What time in the day?


Ans: I think that it was before dinner: He took dinner

at my house and the Will was signed after dinner.


Ques: Who kept the Will from that time until after

Mr Boyd's death?

Ans: I did.

Ques: Did any of his friends or relatives know of its ex=

istance during his life time?


Ans: Not that I know of.

Ques. Was any one else present when the provisions of the

Will were talked over between you and Mr Boyd?


Ans: I think that my son Frank was there a part of the

time, don't think any one else.


Ques. What did he say if anything about his approaching

marriage, and what did you say to him in your opinion

would be the effect of a Will made before his mar=

=riage?

Ans: He said nothing to me about his intended marriage

and I said nothing to him as I knew nothing about

it.

Ques. How soon after the making of the Will was he in

fact married to the lady who is now his widow?


Ans: A short time: I don't know how many days.


Ques. Was it not just one week?
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 154)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 154)

Description

[page 154]

[corresponds to page 88 of Delaware County Will Records Vol. 8 1887-1890]


88

Henry Boyd's Will.

Ans: I don't know. I have heard that, that was the time.

Ques: Had you understood from any source for the Will, that he was

about to marry that lady, his present widow?

Ans I had not.

Ques: Were you very much surprised when you heard of his

marriage a week after making the Will?

Ans: No sir I was not surprised at it.

Ques: Why were you not surprised if you had never heard of

his intended marriage?

Ans: The reason that I was not surprised was, that I was

acquainted with both the parties and thought it an

advantageous marriage to both the parties.


Ques: Did you ever talk with Mr. Boyd about the Will after his marriage?

Ans: No sir.


Ques: Did Mr Boyd any other business with you than the

writing of the Will on the occasion of his visit?


Ans: He made no other business known:

Ques: Did Mr Boyd die leaving a widow, and is that widow

still alive?

Ans: He did, and she is still alive and is here in Court:


Ques: Please state whether it is not a fact, that Mr. Boyd

died without issue?

Ans: I think that is the fact;

Ques: State whether at his death he was possessed of both

personal and real estate?


Ans: Yes sir.


E H Dent


Sworn to and subscribed by E. H. Dent in open Court

this 1st day of November A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 155)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 155)

Description

[page 155]

[corresponds to page 89 of Delaware County Will Records Vol. 8 1887-1890]


89

Henry Boyd's Estate.

Journal Entry.

Nov. 1st 1887.


In the Matter of the Will }

of Henry Boyd, Deceased. }

Be it remembered, that here=

=tofore, to-wit: on the 25" day of October. A.D. 1887. an

instrument of writing, purporting to be the last Will

and Testament of Henry Boyd, late of Trenton

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 Julia A. Boyd

his widow, George Boyd, John Boyd. Harvey Boyd

Jasper Boyd - Alsina Andrews - Eliza Perfect -

Sarah Boyd - James Clark and George W. Boyd.,

legatees and next of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court;

therefore, on this day came E.H. Dent and F.P. Dent,

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 writ=

=ing, 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 Henry Boyd, deceased. That the

same was duly executed and attested; and that the

said Testator, at the time of making, signing and

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

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

by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testi=

=mony of the witnesses above named, as well as the pro-

ceedings had thereon, be entered of record in this Court.


Rufus Carpenter

Probate Judge.


Copy of Will.


In the name of our Heavenly Father I Henry Boyd

In view of the uncertainty of life and the certainty of

Death do make and publish this my last Will and

Testament.


1st I give and devise unto my two nephews Clement L
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 156)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 156)

Description

[page 156]

[corresponds to page 90 of Delaware County Will Records Vol. 8 1887-1890]


90

Henry Boyd's Will.

Boyd and George W Boyd all the real estate and person+

=al property of which I may be possessed at my decease

on the condition following.

To-witt: That they first pay all

my just debts and funeral expences and erect a good and sub=

=stantial iron fence around my Lot in the Trenton H

Cemetery, and pay my Brothers, George, John, Bishop

Harvey and Jasper each One Hundred Dollars,

and to my Sisters Mary A Sherman, Lucy Lewis,

Alsina Andrews, Eliza Perfect and Sarah Boyd each

One Hundred Dollars and to my Brother-in-law~

James Clark One Hundred Dollars.


Item 2nd I direct that my Executor or Executors pay Mary A.

Sherman and Lucy Lewis their One Hundred Dollars

each within one year after my decease, and that they

pay my Brother John and Jasper their Hundred Dol:

=lars each within two years and Brothers George &

Harvey their Hundred Dollars each within three

years, and my sisters Alsina & Eliza their Hundred

Dollars each within four years, and my Brother Bish=

=op and Sister Sarah and James Clark within five

years.

Item 3d I hereby nominate and appoint my Nephews Clement

L. Boyd and George W. Boyd Executors of this my last

Will and Testament.


Item 4th I direct that if from death disability or other cause

the said Executors named fail to serve that my Broth=

=er Bishop Boyd be appointed in their place and I

ask that the Court issue Letter of Executorship and

that there be no Bond, Bail appraisement or sale

required of any of them.

In testimony whereof I hereunto set

my hand and seal this 21st day of September. A.D. 1885.

Witness

E.H. Dent. Henry Boyd {Seal}

F.P. Dent

We, E.H. Dent and Frank P. Dent here:

by certify that Henry Boyd signed the above as his

last Will and Testament in our presence and that we

signed the same at his request in his presence as

witnesses to the same the day and year above mentioned.


E.H. Dent

F.P. Dent
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 157)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 157)

Description

[page 157]

[corresponds to page 91 of Delaware County Will Records Vol. 8 1887-1890]


91

John McCammon's Estate.

Journal Entry.

Sept. 15" 1887.

In the Matter of the Will of } In the Probate Court of

John McCammon, Deceased . } Delaware County . Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of John McCam-

mon, late of Kingston Township, in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the

said Will be filed in this Court, and that due

and of the application to admit the same to probate and record

notice thereof, be given to Jane McCammon his widow

and Jemma Blaney Reuben P. McCammon - John C. Blaney=

Fanny Rogers - Henry C. Blaney - and Reuben McCam:

=mon Blaney heirs and next of kin of the Testator,

resident of the State of Ohio that said application

will be for hearing before this Court on the 26" day of

September. A.D. 1887. at 10 o'clock A.M.,

Rufus Carpenter

Probate Judge.


Notice to Heirs.


The State of Ohio} ss In Probate Court.

Delaware County }

In the Matter of the last Will

and Testament of John McCammon, deceased.

To Jane McCammon-

Reuben P. McCammon. John C. Blaney. Fanny

Rogers Henry C. Blaney . Reuben McCammon

Blaney

You are hereby notified that on the 15th day of

September. A.D. 1887. an instrument of writing, purport-

-ing to be the last Will and Testament of John Mc -

Cammon, late of Kingston Township, in said County .

deceased, was produced in open Court, and an application

to admit the same to probate was on the same day

made in said Court. Said application will be for

hearing before this Court on the 26th day of September

A.D. 1887. at 10 o'clock AM.

Rufus Carpenter

Probate Judge.

Dated at Delaware Ohio, this 15" day of September.

A.D. 1887

Waiver.

{Seal} I, the undersigned heir of the within named

decedent, hereby waive further notice, and consent

to the probate of said Will.

Dated this 15" day of September A.D.1887. R.P. McCammon.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 158)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 158)

Description

[page 158]

[corresponds to page 92 of Delaware County Will Records Vol. 8 1887-1890]

92

John McCammon's Will

Return.


The State of Ohio} ss.

Delaware County. } R.P. McCammon being duly

sworn, says that on the 16" & 17"

days of September. A.D.1887. he served the within notice

by delivering a true copy thereof to the within named.


R.P. McCammon.

Subscribed in my presence and sworn to before me,

this 26" day of Sept. 1887.

Rufus Carpenter

{Seal} Probate Judge.



Journal Entry.

Sept. 26" 1887.

In the Matter of the Will }

of John McCamon. Decd } Be it remembered, that here-

tofore, to-wit: on the 15" day

of September. A.D. 1887. an instrument of writing pur=

=porting to be the last Will and Testament of John Mc-

Cammon, late of Kingston 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 Jane McCam=

=mon- his widow, Jemima J. Blaney - Reuben P.

McCammon - John C. Blaney - Fanny Rogers-

Henry C. Blaney Reuben McCammon Blaney -

heirs and next of kin of the Testator, resident of the

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

therefore, on this day came Henry Clark, 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.

A. Wheeler, the other subscribing witness to said

Will, being unable to attend said hearing this

cause is continued until the 7" day of November. A.D.

1887.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 159)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 159)

Description

[page 159]

[corresponds to page 93 of Delaware County Will Records Vol. 8 1887-1890]

93

John McCammon's Will

Probate of Will.


In Probate Court } In the Matter of proving

Delaware County, Ohio. } the last Will and Testament.

of John McCammon, Deceased.

The State of Ohio } ss.

Delaware County } Henry Clark, being duly sworn

and examined as a witness in the

above entitled matter, says; I was present at the exe=

=cution of the instrument now shown to me, bearing

date the 14th day of June. A.D. 1887. and offered for

probate as the last Will and Testament of John Mc-

Cammon, late of Kingston Township, in said County,

of Delaware, deceased, and saw the said John Mc-

Cammon, now deceased, sign and seal said instrument,

and heard him acknowledge the same to be his last

Will and Testament; and I, thereupon, at his request,

and in his presence, subscribed my name to the same

as a witness. The said decedent, at the time of mak=

=ing, signing and sealing said instrument, was of full

age, of sound mind and memory, and not under any re=

=straint.

Henry Clark.

Sworn to and subscribed by said witness in open Court

this 26th day of September. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


The State of Ohio } ss

Delaware County } A. Wheeler, being duly sworn and ex=

=amined as a witness in the above

entitled matter, says; I was present at the execution of

the instrument now shown to me, bearing date the 14"

day of June. A.D. 1887. and offered for probate as the last

Will and Testament of John McCammon, late of

Kingston Township, in said County of Delaware, de=

ceased, and saw the said John McCammon, now de=

ceased, sign and seal said instrument, and heard him

acknowledge the same to be his last Will and Testa=

=ment, and I, thereupon, at his request, and in his presence,

subscribed my name to the same as a witness. The said

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

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

and not under any restraint.

A. Wheeler.

Sworn to and subscribed by said witness in open Court,

this 7" day of November. A.D 1887.

Rufus Carpenter

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 160)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 160)

Description

[page 160]

[corresponds to page 94 of Delaware County Will Records Vol. 8 1887-1890]


94

John McCammon's Will.

Journal Entry.

Nov. 7" 1887.


In the Matter of the Will }

of John McCammon, Decd }

This day came A Wheeler,

the other subscribing witness to said Will of John

McCammon, deceased, in open Court and was duly

sworn and examined according to law, and his testimony

therein was reduced to writing and filed. ~~~~~~~

Whereupon the court finds that the aforesaid instr-

=ment of writing is the last Will and Testament

of said John McCammon, deceased. That the same

was duly executed and attested; and that the said Tes=

tator, at the time of making signing and sealing said

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

not under any restraint. It is therefore, by the court

ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge


Copy of Will.

In the name of the great benevolent Father of all

I John McCammon of Kingston Township, Dela=

ware County. State of Ohio, being of sound mind and

memory do make this my last Will and Testament

in manner and form as follow. to-wit:


Item 1st I do give and bequeath to my faithful and beloved

wife Jane McCammon all my real estate and per-

=sonal property in Kingston Township of every descrip=

=tion to have and to hold during her natural life.


Item 2nd After the death of my wife I give and bequeath to

my Grandson John C. Blaney Fifty one acres of

land in Kingston Township, being west half of lot

No 8 who is charged with the payment of the follow=

=ing legaces to-wit: One hundred Dollars to his

mother Jemima J. Blaney one year after the death

of my wife (without interest) Also One Hundred Dol=

lars to Mrs. Fanny Rogers two years after the death

of my wife (without interest) Also Twenty five Dol.

lars to my son Reuben Potter McCammon to be

paid three years after the death of my wife. without
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 161)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 161)

Description

[page 161]

[corresponds to page 95 of Delaware County Will Records Vol. 8 1887-1890]


95

John McCammon's Will.

interest.

Item 3d I do give and bequeath after the death of my wife to

my grandsons Henry C. Blaney and Reuben McCam=

=mon Blaney fifty acres of land being the east

half of lot No. 7 in Kingston Township to be equaly

divided between them. Also 4 acres off from east

of lot No 8 in Kingston township to be equally di=

vided between them (intended for an outlet)


Item 4th I do give and bequeath to my wife my House and lot

in Eden authorizing her to sell or dispose of it in

any manner she choses and she is hereby charged with

the payment of all lawful claims.


Item 5th I do give and bequeath to my daughter Jemima J. Bla=

ney (after the death of my wife) ten acres of land

in Kingston Township the same land conveyed to

me by W.B. Blaney and Jemima J. Blaney his wife

by deed of May second eighteen hundred and eighty

five. For a more particular description see records of

Deeds. Volume Eighty five (85) Page 591. Five hundred

and ninety one in Recorders office in Delaware. Ohio.


I hereby nominate and appoint my wife Jane McCammon

(without Bond) executor of this my last Will and

Testament.

In Testimony whereof I have hereunto set my

hand and seal this Fourteenth (14) day of June in

the year of our Lord eighteen hundred and eighty

seven (1887)

John McCammon. {Seal}


Signed and acknowledged by the aforesaid John Mc-

Cammon as his last Will and Testament in our pres=

=ence and by us signed in his presence.

A. Wheeler.

Henry Clark.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 162)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 162)

Description

[page 162]

[corresponds to page 96 of Delaware County Will Records Vol. 8 1887-1890]


96

Nancy Dudgeon Estate.

Journal Entry.

Nov. 10th 1887


In the Matter of the Will } In the Probate Court of

of Nancy Dudgeon. Decd } Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of Nancy Dudgeon, late of

Berkshire Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and record,

be given to Lucy Allen, next of kin of the Testatrix,

resident of the State of Ohio. (Abram Dudgeon, wid=

ower of said Testatrix having entered his appearance

herein and consented to the probate of said Will.)

that said application will be for hearing before this

Court on the 17th" day of November. A.D. 1887. at 1 o'clock

A.M.,


Rufus Carpenter

Probate Judge.


Waiver.


I, the undersigned heir of the within named decedent,

hereby waive further notice, and consent to the probate

of said Will.

Abram Dudgeon.

Dated this 10" day of November. A.D. 1887.


Notice to Heirs.

The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and Tes=

=tament of Nancy Dudgeon deceased.

To Lucy Allen:

You are hereby notified that on the 10" day of November.

A.D. 1887, an instrument of writing, purporting to be the

last Will and Testament of Nancy Dudgeon, late of

Berkshire, Township, in said County, deceased. was

produced in open Court, and an application to admit

the same to probate was on the same day made in

said Court. Said application will be for hearing be=

fore this Court on the 17" day of November. A.D. 1887.

at 1 o'clock. P M.,

Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 163)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 163)

Description

[page 163]

[corresponds to page 97 of Delaware County Will Records Vol. 8 1887-1890]


97

Nancy Dudgeon's Estate.

Dated at Delaware Ohio, this 10" day of November

A.D. 1887.

{Seal}

Return.

The State of Ohio } ss

Delaware County } Abram Dudgeon, being truly sworn,

says that on the 14" day of Nov.

A.D. 1887. he served the within notice by delivering a

true copy thereof to the within named Lucy Allen.

Abram Dudgeon.

Subscribed in my presence and sworn to before me this

17" day of Nov. 1887.

Rufus Carpenter

{Seal} Probate Judge.

Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Thomas J. Williams and Adele E. Williams, the subscrib=

=ing witnesses to the last Will and Testament of Nancy

Dudgeon, late of Berkshire Township in said Dela=

=ware County, deceased; who being duly sworn accord=

=ing 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 12" day of January. A.D. 1887. purporting

to be the last Will and Testament of Nancy Dud=

=geon, now deceased, is the Will of said deceased, Nancy

Dudgeon, that they were present at the execution of

said Will, and at the request of the Testatrix, respect=

ively subscribed their names to the same as witnesses,

in her presence; that they saw the said Nancy Dud=

=geon, deceased sign and seal said Will, and heard

her acknowledge the same to be her last Will and

Testament, and that the said Nancy Dudgeon at the

time of making, signing and sealing said Will . was

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

any restraint.

Thomas J. Williams

Addie E. Williams


Sworn to and subscribed by said witnesses, in open

Court, this 17" day of Nov. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 164)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 164)

Description

[page 164]

[corresponds to page 98 of Delaware County Will Records Vol. 8 1887-1890]


98

Nancy Dudgeon's Estate.


Journal Entry.

Nov. 17" 1887.


In the Matter of the Will |

of Nancy Dudgeon. Decd |

Be it remembered, that

heretofore, to-wit: on the 10th day November. A.D.

1887. an instrument of writing, purporting to be the

last Will and Testament of Nancy Dudgeon, late

of Berkshire Township, in this County, deceased,

was produced in open Court for probate, and was

then filed. And, it now being shown to the satis=

=faction 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 Lucy Allen, next of kin of the Testatrix,

resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came

Thomas J. Williams and Addie E. Williams, the

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation

of said Will. Which testimony was reduced to

writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said Nancy Dudgeon, de=

=ceased. That the same was duly executed and attested

and that the said Testatrix, at the time of making,

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

sound mind and memory, and not under any restraint.

It is therefore, by the Court ordered, that the

said Will be admitted to probate, and that the same,

together with the testimony of the witnesses above named,

as well as the proceedings had thereon, be entered of

record in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.


I Nancy Dudgeon of the Village of Sunbury,

Delaware County Ohio do hereby make and publish

this my last Will and Testament.

First:

I give and bequeath to my beloved husband

Abram Dudgeon. my property consisting of One

house and lot Situated in Sunbury - Del - Co-
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 165)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 165)

Description

[page 165]

[corresponds to page 99 of Delaware County Will Records Vol. 8 1887-1890]


99


Nancy Dudgeon's Estate.

Ohio, and valued at One thousand Dollars ($1000.)

He being privellaged to sell or dispose of the same.


Second:

I further will that should my sister Lucy

Allen be living at my husband's death, that he

give to her, One thousand Dollars worth of his

real estate - in Lieu of this my house and lot.


Third:

Should my sister Lucy Allen not be living

at my husbands death, then the One thousand

Dollars worth of his property is requested by me to

be given to Florence J. Henry and her children.


Fourth:

I request that no appraisement be made of

any part of my effects, or estate, and that the probate

Judge, will direct that no appraisement be made, or

sale of the same.


Fifth:

I hereby nominate and appoint my husband Abram

Dudgeon the executor of this my last Will and Tes=

-tament, and request him to see that the provisions of

the same be carried into effect.


Sixth:

I hereby revoke all former will by me made.

Witness my hand this 12" day of January. A.D.

1887.

Nancy Dudgeon.


Signed and acknowledged by said Nancy Dudgeon

as her last Will and Testament, in our presence and

signed by us in her presence and at her request.

Thomas J Williams

Addie E. Williams
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 166)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 166)

Description

[page 166]

[corresponds to page 100 of Delaware County Will Records Vol. 8 1887-1890]


100

Burton Moore's Estate.

Application for Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }


In the Matter of the Last } Application

Will and Testament of Bur: } to

=ton Moore, Deceased. } Admit to Probate.


To the Hon. Rufus Carpenter, Judge of the Probate Court

in and for said County:

Your petitioner respectfully rep=

=resents that Burton Moore, late a resident of the

Township of Berkshire in said County, died on or

about the 26" day of Nov. A.D. 1887. leaving an instru=

=ment in writing, hereto attached, purporting to be his

last Will and Testament. That the said Burton

Moore died leaving the following named persons his

only next of kin resident of this State of Ohio.


Name Degree of Kinship P.O. Addresses.


Abbie A. Kimball. Daughter Sunbury O.

Bertha L. Culver Grand Daughter "

Arthur M. Culver " Son "


Your petitioner prays that a time may be fixed for the

proving of said Will, and that said above named per=

=sons may be notified according to law of the pending

of said proceedings

Otis H. Kimball

The foregoing application was signed in my presence

and sworn to before me this 28" day of Nov. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Waiver.


We the undersigned heirs of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 28" day of Nov. A.D. 1887.

Abbie A. Kimball

Bertha L. Culver

Arthur M. Culver-

by Edward Culver their father
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 167)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 167)

Description

[page 167]

[corresponds to page 101 of Delaware County Will Records Vol. 8 1887-1890]

101

Burton Moore's Will.

Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

T.F. Blakely and R.D. Robinson the subscribing

witnesses to the last Will and Testament of Burton

Moore, late of Berkshire Township, in said Delaware

County, deceased; who being duly sworn according to

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

but the truth, in relation to the execution of said

Will, depose and say: That the paper before them

bearing date the 19" day of October. A.D. 1887, pur=

=porting to be the last Will and Testament of Burton

Moore, now deceased, is the Will of said deceased.

Burton Moore. that they were present at the execution

of said Will, and at the request of the Testator re=

=spectively subscribed their names to the same as

witnesses, in his presence; that they saw the said

Burton Moore, deceased sign and seal said Will

and heard him acknowledge the same to be his last

Will and Testament, and that the said Burton Moore

at the time of making, signing and sealing said

Will was of full age of sound mind and memory,

and not under any restraint.

T.F. Blakely

R.D. Robinson

Sworn to and subscribed by said witnesses, in open

Court, this 29" day of Nov. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Journal Entry.

Nov. 29th 1887.

In the Matter of the Will } In the Probate Court of

of Burton Moore. Decd } Delaware County. Ohio


This day, an instrument of writing, purporting to

be the last Will and Testament of Burton Moore, late

of Berkshire Township, in the County, deceased,

was produced in open Court for Probate, On consid-

=eration whereof, it is ordered that the said Will be

filed in this Court. 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 Abbie A. Kimball , Bertha L. Culver.

and Arthur M. Culver heirs and next of kin of the

Testator, resident of the State of Ohio, And thereupon
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 168)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 168)

Description

[page 168]

[corresponds to page 102 of Delaware County Will Records Vol. 8 1887-1890]


102

Burton Moore's Estate.

came T.F. Blakely and R.D. Robinson the subscrib=

=ing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing , by

them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instru=

-ment of writing is the last Will and Testament of

said Burton Moore, deceased. That the same was

duly executed and attested; and that the said Testator

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

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

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate.

and that the same, together with the testimony of the

witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.

Copy of Will.


In the Name of The Benevolent Father of All.

I Burton Moore of Sunbury Delaware County

Ohio, being of sound mind and retentive memory do

make and publish this my last Will and Testament.


Item First:~ I give and devise to my granddaughter Bertha

L. Culver, one hundred (100) acres of land off of the

North side of my Home farm of 156 acres, situated

in Berkshire township Delaware County, Ohio,

and being parts of Lots Nos. 3 & 4 in Section one (1)

township 4. and Range 17. during her natural life, and

in the same shall go to her heirs; Said hundred

to be cut off of the North side of my Home Farm

by a line commencing at the public Road on the

East side of my said Home Farm at a point to

be ascertained, so that by running west therefrom to

Prairie Run, thence up Prairie Run to the West

line of said Home Farm will cut off just one

hundred acres, and so that no part of said one hun=

=dred acres hereby devised to Bertha L. Culver

shall lie south or west of Prairie Run.


Item Second:~ I give and devise to my daughter Abbie Kim=

=ball, now the wife of Otis H. Kimball and her

heirs the balance of my said Home Farm and

being about fifty six (56) acres of the South part

of said Home Farm, including the buildings:

I also give and devise to my said daughter,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 169)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 169)

Description

[page 169]

[corresponds to page 103 of Delaware County Will Records Vol. 8 1887-1890]


103

Burton Moore's Will

Abbie Kimball, and her heirs, all that certain

tract of about 97¼ acres of land, be the same more

or less lying West and South of my said "Home

Farm," and situated in the same Township,

County and State, and being East part of Lot No5.

in Section one (1). Township four (4), and Range Seven:

=teen (17).


Item Third:~ I give and devise to my grandson Arthur M.

Culver what is known as my "Carpenter Farm"

situated in Berkshire Township Delaware County

Ohio, and containing one hundred and eight and 3/10

(108 3/10) acres of land, and being part of Lot No. Six

(6) in Section one (1) Township four (4) and Range

Seventeen (17) during his natural life, and then the

same shall go to his heirs.


Item Fourth:~ It is my Will and I do hereby direct, authorize

and empower my Executor hereinafter named, whom

I do hereby also appoint a trustee for that purpose,

at my decease, to take the charge, possession and

control of the lands hereinbefore, by me devised to

my said grand children Bertha L. and Arthur M.

Culver, until such times as they respectively come

of age: And I do hereby further direct and author=

=ize my Executor to rent said lands to the best ad=

=vantage, for cash rent, and not allow any timber to

be sold off of said premises, nor any waste commit-

ted thereon, but to keep said lands in good repairs

and out of the proceeds arising from the rents and

profits of said land, pay the taxes thereon and for

all necessary repairs, and the balance of said rents,

I direct and authorize my Executor to pay to E.T.

Culver for the use benefit and maintenance of my

said grand children Bertha L. and Arthur M. Culver,

provided and so long as said E.T. Culver, suitably

and properly provides for and maintains his said child=

=ren Bertha L. and Arthur M. Culver, without mak=

=ing and other charge or claim on their estate there=

for, than the rents of said lands herein devised

to them after the payment of taxed and repairs

as herein provided ~ as the rents of said lands

should be amply sufficient to suitably provide for

and maintain said children:

It is my will and I hereby direct my Executor

to rent the 100 acres herein devised to Bertha L.

Culver, to my friend Rudolph Shaver whom

I desire to have the care, supervision and manage=

=ment of said 100 acres, until Bertha L. Culver
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 170)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 170)

Description

[page 170]

[corresponds to page 104 of Delaware County Will Records Vol. 8 1887-1890]


104

Burton Moore's Will.

arrives of age. and pay the rent therefor to my Ex=

=ecutor. ~ I make this request because I think

said Shaver would know best how to manage

said 100 acres, and would take good care thereof.


Item Fifth:~ The rest and residue of my real estate, consisting

of about 42 acres of land which I recently purchas=

=ed of B.W. Bell and lying immediately North

of that part of my Carpenter Farm that lies

East of the Public Road. Said 42 acres being

part of Lot No. 6 in Sec. one (1) Tp. 4. and Range

17. And my undivided one seventh interest in West

part of lot No 25 in Village of Sunbury on

which Farmers Bank is situated, And my

undivided one-half interest in about 8 acres of

land in Lot No. 19. in Sec. 4. Tp. 4. and Range

17. and My Bank Stock, I order and direct to

be sold and the proceeds arising from the Sale

thereof, together with the proceeds arising from the

sale of all my personal property of every kind and

description (except certain house hold goods and

furniture in my House on my "Carpenter Farm"

which I have given to my said grand-children )

I give and devise to my daughter Abbie Kimball, and

my said grand children Bertha L. and Arthur M.

Culver in the following proportion, to-wit:

To my said daughter Abbie Kimball the one half

thereof, after the payment of all of my just debts =

And to my said grand children Bertha L. and Arthur

M. Culver, the other half thereof - one fourth to each,

after the payment of my just debts.


Item Sixth:~ It is my will that in case my daughter Abbie

Kimball - shall die intestate, the real and personal

property herein, by me, devised and bequeathed to her,

shall descend to and be inherited by her husband

Otis H. Kimball.


Item Seventh:~ I do hereby nominate and appoint my esteemed friend

and son-in-law Otis H. Kimball, 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 hereby au=

thorize and empower him to sell at private sale, or

in such manner upon such terms of credit, or other=

=wise as he may think proper, my undivided one sev=

=enth interest in the West part of lot No. 25 in the

Village of Sunbury on which Farmers Bank is
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 171)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 171)

Description

[page 171]

[corresponds to page 105 of Delaware County Will Records Vol. 8 1887-1890]


105

Burton Moore's Will.

situated, Also my half interest in said 8 acres of

land, hereinbefore described, And also said 42

acres of land, lying immediately north of that

part of my Carpenter Farm that lies East of

the public road, and being part of Lot No. 6. in

Sec. 1. Tp. 4. and Range 17. as hereinbefore described,

and deeds to purchasers to execute, acknowledge

and deliver in fee sample.

I do also authorize and empower my said Executor

to sell either at public auction or private sale, or in such

manner upon such terms of credit, or otherwise as

he may think proper any or all of my personal

property, including Bank Stock, and all personal

property belonging to me at my decease, and out of the

proceeds arising from the sale of said real estate and

personal property, pay all my just debts, funeral ex=

penses and costs of administration, and the balance

I hereby direct my said Executor to pay as as

hereinbefore devised - to-wit:

The one half thereof to my daughter Abbie Kimball=

The one-fourth thereof to my grand daughter Bertha

L. Culver, and the other fourth thereof to my grand-

son, Arthur M. Culver - they respectively arrive

at their majority.

And I do hereby further direct authorize and empower

my said Executor, whom I do also hereby appoint

trustee for that purpose to invest and hold the said

shares of said Bertha L. and Arthur M. Culver, and

pay the same and the increase thereof. and pay each

ones share to her & him when they respectively come

of age.

And I do further authorize and empower my

said Executor and Trustee, if in his opinion it be=

=come necessary and for the best interest of my said

grandchildren, to use a portion of the said share of

each, to suitably maintain and educate them during

their minority, hereby giving to my said Executor

and Trustee full authority and discretion in the

premises: And I do hereby enjoin my said

Executor to faithfully carry out, so far as is in his

power lies the directions purposes and intentions of

this my last Will and Testament, and especially

my bequests and requests as to my said grand - chil=

dren. If my said Executor should not live un=

=til my said grandchildren come of age, I do

hereby request the Probate Judge to appoint some

suitable and capable person who will faithfully

and carefully carry out the provisions of this my

last Will and Testament.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 172)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 172)

Description

[page 172]

[corresponds to page 106 of Delaware County Will Records Vol. 8 1887-1890]


106

Burton Moore's Will.

I do hereby revoke all former Wills by me made.

In Testimony hereof I have hereunto set my

hand and seal this 19th day of October. A.D. 1887.

Burton Moore {Seal}

Signed and acknowledged by said Burton Moore

as his last Will and Testament in our presence

and signed by us at his request in his presence.

T.F. Blakely

R.D. Robinson.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 173)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 173)

Description

[page 173]

[corresponds to page 107 of Delaware County Will Records Vol. 8 1887-1890]


107

John Robert's Will.

Journal Entry.


Dec. 27th" 1887.


In the Matter of the Will } In the Probate Court of

of John Roberts, deceased.} Delaware County, Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of John Roberts,

late of Genoa Township, in this County, deceased

was produced in open Court for Probate; On con=

=sideration whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and

of the application to admit the same to probate, and

record, be given to Mary Bryant. Pruella Whitney

and Euretta Thrall, next of kin of the Testator,

resident of the State of Ohio, that said application

will be for hearing before this Court on the 30th~"

day of December. A.D. 1887. at one o'clock. P.M.

Rufus Carpenter

Probate Judge.


Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County.ss} In the Matter of the last Will

and Testament of John Roberts, deceased.

To Mary Bryant -

Pruella Whitney and Euretta Thrall.

You are hereby notified

that on the 27th day of December. A.D. 1887, an

instrument of writing, purporting to be the last Will

and Testament of John Roberts, late of Genoa

Township in said County, deceased, was produced

in open Court on the 30" day of December. A.D. 1887,

at 1 o'clock P.M.

Rufus Carpenter

{Seal} Probate Judge

Dated at Delaware Ohio, this 27" day of

December. A.D. 1887.

Return.


The State of Ohio } ss

Delaware County } ss George J. Roberts, being duly

sworn, says that on the 28th day
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 174)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 174)

Description

[page 174]

[corresponds to page 108 of Delaware County Will Records Vol. 8 1887-1890]


108

John Roberts' Will

of December. A.D. he served the within notice by

delivering a true copy thereof to the within named

Mary Bryant - Pruella Whitney and Euretta

Thrall.

George J Roberts.

Subscribed in my presence and sworn to before me,

this 30th day of Dec. 1887.

Rufus Carpenter

{Seal} Probate Judge.



Testimony of Geo. W. Hughes.


In Probate Court } In the Matter of proving the last

Delaware County, Ohio } Will and Testament of John Roberts.

Deceased.


The State of Ohio }

Delaware County, Ohio, ss } Geo. W. Hughes, being duly sworn

and examined as a witness, in

the above entitled matter, says; I was present at the

execution of the instrument now shown to me, bearing

date the 13th day of October. A.D. 1886. and offered

for probate as the last Will and Testament of John

Roberts, late of Genoa Township, in said County,

of Delaware, deceased, and saw the said John Roberts,

now deceased, sign and seal said instrument and heard

him acknowledge the same to be his last Will and

Testament; and I thereupon, at his request, and in

his presence, subscribed my name to the same as

a witness. The said decedent, at the time of making,

signing and sealing said instrument, was of full age,

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

Geo. W. Hughes.

Sworn to and subscribed by said witness in open

Court, this 30" day of December. A.D. 1887.

Rufus Carpenter

Probate Judge.


Journal Entry.


Dec. 30th 1887

In the Matter of the Will }

of John Roberts, deceased.} Be it remembered, that hereto=

fore, to-wit: on the 27" day of

December. A.D. 1887. an instrument of writing, purporting

to be the last Will and Testament of John Roberts,

late of Genoa Township, in this County, deceased,

was produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction of

the Court, that due notice of the filing of said Will,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 175)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 175)

Description

[page 175]

[corresponds to page 109 of Delaware County Will Records Vol. 8 1887-1890]


109

John Roberts' Will

and of the application to admit the same to probate

and record in this Court, has been given to

Mary Bryant - Pruella Whitney - Euretta Thrall

heirs and next of kin of the Testator, resident of

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

Court; therefore, on this day came Geo. W. Hughes

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 re=

=duced to writing ~~~ by him subscribed, and

filed with said Will.

And it appearing that W.E. Linabary, the other

subscribing witness, to said Will, is sick and unable

to attend said hearing, it is therefore ordered that

a commission, with the Will annexed, issue herein

to John Q. Adams of Galena, O. directing him

to take the deposition of said subscribing witness

and return the same duly certified, with all conven=

ient speed to this Court.

Rufus Carpenter

Probate Judge.


Commission to

Take Testimony of Witness to Will.


The State of Ohio } ss. To J.Q. Adams. Greeting:

Delaware County. }

Know Ye, That we, in confi=

=dence of your prudence and fidelity, have appointed

you, and by these presents do give you full power and

authority to examine and take the deposition of W.E.

Linabary subscribing witness to the last Will and

Testament of John Roberts hereto annexed, late of

the County of Delaware, in the State of Ohio,

deceased; and therefore we command you, that at cer=

=tain days and places appointed by you, you cause the

said W.E. Linabury to be brought before you, and

then and there to examine him on oath or affirma=

tion first taken before you, touching the due execution

of said Will of the said John Roberts, and that

you reduce such examination to writing, and return

the same, together with this Commission and the

Will of the said John Roberts 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
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 176)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 176)

Description

[page 176]

[corresponds to page 110 of Delaware County Will Records Vol. 8 1887-1890]


110

John Roberts' Will.


the seal of said Court at Delaware, this 30th

day of December. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Deposition of Witness to Will.

The State of Ohio } ss

Delaware County } In the matter of the last Will and

Testament of John Roberts ~~


Personally appeared before me J.Q. Adams, Com=

missioner, W.E. Linabary subscribing witness to

the last Will and Testament of John Roberts, late

of Genoa Township in said Delaware County, deceas=

=ed, who being by me first duly sworn according to

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

but the truth, in relation to the execution of said

Will, depose and say: That he was present at the

execution of the paper before him bearing date the 13"

day of October. A.D. 1886. purporting to be the last

Will and Testament of John Roberts now deceased.

whose name is signed at the end thereof, and at

the request of said deceased, subscribed his name

to the same as witness in his presence; that he saw

the said John Roberts in his presence; that he saw

and heard him acknowledge the same to be his

last Will and Testament, and that the said John

Roberts at the time of making, signing, and sealing

said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint.

W.E. Linabary.

The State of Ohio }

Delaware County. ss} I, J.Q. Adams, duly appointed

and commissioned by the Judge

of the Probate Court, of the County of Delaware and

the State of Ohio, to take the testimony of W.E.

Linabary, subscribing witness to the last Will and

Testament of John Roberts deceased, late a res-

=ident of said County and State, which Commission,

and the said Will are hereto annexed, do hereby

certify that in pursuance of said Commission I

caused the above named W.E. Linabary sub=

=scribing witness as aforesaid to appear before me

at Galena on the 30th day of December. 1887,

that he was first duly sworn by me, according

to law, to speak the truth, the whole truth, and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 177)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 177)

Description

[page 177]

[corresponds to page 111 of Delaware County Will Records Vol. 8 1887-1890]




John Robert's Will.

nothing but the truth; that I examined him in

relation to the execution of said Will, and reduced

his testimony to writing as above set forth in his

presence and that he signed the same in my

presence, and I further certify that I am not Coun=

=sel, Attorney or Relative of any of the parties name

in said Will, or otherwise interested in the

Probate thereof.

In witness whereof, I have here-

unto set my hand , this 30" day of December.

A.D. 1887.

J.Q. Adams. J.P.

Commissioner.


Journal Entry.

Jany 3d 1888.

In the Matter of the Will of |

John Roberts, deceased. | The commission hereto=

fore issued herein to

take the testimony of W.E. Linabary, one of the

subscribing witnesses to the Will of said John

Roberts, deceased, was this day returned duly

executed and the same was filed herein.

And it appearing to the Court from the examin-

ation of the former witness and from the deposition

of the said W.E. Linabary, that the aforesaid in=

=strument of writing is the last Will and Testament

of said John Roberts, deceased. That the same was

duly executed and attested; and that the said Tes=

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

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

and not under any restraint. It is, therefore, by

the Court ordered that the said Will be admitted

to probate, and that the same together with the

testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record

in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.

In the name of the Benevolent Father of all,

I John Roberts of the township of Genoa,

County of Delaware 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 all charges.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 178)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 178)

Description


[corresponds to page 112 of Delaware County Will Records Vol. 8 1887-1890]

112

John Robert's Will.

and the expense of inscribing the record of my birth

and death on the monument now standing at the

grave of my deceased wife be paid out of my estate,


Item 2nd I devise and bequeath to my oldest daughter Mary

Bryant my horse buggy and harness which I

may have at my decease.


Item 3rd It is my will that the proceeds of my estate after

paying my debts and settling up my estate be equally

divided between my three daughters Mary Bryant -

Pruella Whitney and Euretta Thrall.



Item 4th I do hereby nominate and appoint George J. Roberts

Executor of this my last Will and Testament here=

=by authorizing and empowering him to compromise ad=

=just and discharge in such manner as he shall

deem proper the debts and claims due me. I do

also authorize and empower him to sell by private

sale or in such manner upon such terms of credit

or otherwise as he may think proper all my real

estate and deed to purchaser to execute and ac=

=knowledge and deliver in fee simple.

I do hereby revoke

all former wills by me made.

In testimony hereof I have

hereunto set my hand and seal this 13th day of

October in the year 1886.

John Roberts {Seal}


Signed and acknowledged by said

John Roberts as his last Will

and Testament in our presence

and signed by us in his presence.

Geo. W. Hughes

W.E. Linabary.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 179)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 179)

Description


[corresponds to page 113 of Delaware County Will Records Vol. 8 1887-1890]

113


Augustus A. Welch' Will.

Journal Entry.

Dec. 16th 1887.


In the Matter of the Will of } In the Probate Court of

Augustus A. Welch, Deceased. } Delaware County. Ohio.


This day an instrument of writing, purporting to

be the last Will and Testament of Augustus A.

Welch, late of Delaware City, in this County

deceased, was produced in open Court for Probate;

On consideration Whereof, it is ordered that the

said Will be filed in this Court, and that

due notice thereof, and of the application to admit

the same to probate and record, be given to ~~

William O. Welch - Philena B. Tallman ~

Henry A. Welch - Ralph Welch - Edward

Welch - Fanny S. Welch - heirs and next of

kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before

this Court on the 19th day of December. A.D.

1887. at 10 o'clock.A.M.

Rufus Carpenter

Probate Judge.


Waiver.

I, the undersigned, heir of the within named dece-

=dent, hereby waive further notice, and consent to

the probate of said Will.

Louie Welch.


Dated this 16" day of Dec. A.D. 1887.


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of Augustus A. Welch, deceased.

To William

O. Welch - Philena B. Tallman - Henry A. Welch -

Ralph R. Welch - Edward Welch - Fanny S.

Welch - Lewis Welch.

You are hereby notified that

on the 16" day of December. A.D. 1887. an instrument

of writing, purporting to be the last Will and Testament

of Augustus A. Welch, late of Delaware Township,

in said County, deceased, was produced in open
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 180)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 180)

Description

[corresponds to page 114 of Delaware County Will Records Vol. 8 1887-1890]

114

Augustus A. Welch' Will.


Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before

this Court on the 19th day of December A.D.

1887. at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 16" day of De=

=cember, A.D. 1887.

{Seal}


Return.


The State of Ohio } ss

Delaware County } Louis Welch, being duly

sworn, says on the 16"

day of Dec. A.D. 1887. he served the within no=

=tice by delivering a true copy thereof to the within

named William O. Welch - Philena B. Tallman -

Henry A. Welch - Ralph R. Welch - Edward

Welch & Fanny S. Welch.

Louie Welch.

Subscribed in my presence and sworn to before me

this 4th day of Jan. 1888.

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

Dec. 19th 1887.

In the Matter of the Will of }

Augustus A. Welch, decd } The hearing of this case

continued until the 4th

day of Jany. A.D. 1888.

Rufus Carpenter

Probate Judge.


Probate of Will.


The state of Ohio } ss. In Probate Court.

Delaware County }

Personally appeared in open

Court Henry S. Culver and Norman F. Overturf

the subscribing witnesses to the last Will and

Testament of Augustus A. Welch, late of Del=

=aware City, 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
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 181)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 181)

Description

[page 181]

[corresponds to page 115 of Delaware County Will Records Vol. 8 1887-1890]

115


Augustus A. Welch' Will.


the 29th day of January A. D. 1886. purporting to

be the last Will and Testament of Augustus A.

Welch now deceased, is the Will of said deceased

Augustus A. Welch, 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 Augustus A. Welch deceased,

sign and seal said Will, and heard him acknowl=

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

and that the said Augustus A. Welch 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 S. Culver

Norman F. Overturf.

Sworn to and subscribed by said witnesses, in open

Court, this 4" day of January .A.D.1888.

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

January 4" 1888.

In the Matter of the Will of }

Augustus A. Welch, decd~" } Be it remembered, that

heretofore, to-wit: on the

16th day of December. A.D. 1887, an instrument

of writing, purporting to be the last Will and

Testament of Augustus A. Welch, late of Delaware

City, in this County, deceased, was produced

in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

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

and of the application to admit the same to probate

and record in this Court, has been given to --

William O. Welch. Philenna B. Tallman. Hen=

=ry A. Welch_ Ralph R. Welch - Edward Welch -

& Fanny Welch (Louie Welch having waived

notice) heirs and next of kin of the Testator, resi=

=dent of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came

Henry S. Culver and Norman F. Overturf the

subscribing witnesses to said Will, who being duly

sworn testified to the due execution and attestation

of said Will. Which testimony was reduced to

writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 182)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 182)

Description


[corresponds to page 116 of Delaware County Will Records Vol. 8 1887-1890]

116


Augustus A. Welch' Will.

Will and Testament of said Augustus A. Welch

deceased. That the same was duly executed and

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

making, signing and sealing said Will, was of

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

any restraint. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and

that the same, together with the testimony of the

witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.


In the name of the Benevolent Father of All

I, Augustus A. Welch of Delaware, Delaware

County, Ohio being of a Sound and disposing mind

and memory do make and publish this my last will

and testament hereby revoking all former wills by me

at any time made.

First ~~ I direct that all my

just debts including funeral expenses and Expenses in=

=cident thereto and expenses of Administration be

paid.

Second:~ After the payment of the aforesaid debts and expenses

In consideration of the love and affection I have

for my children, namely William O. Welch - Phi=

=lena B. Tallman ~ Henry A. Welch_ Ralph

R. Welch - Edward Welch - Fanny S. Welch

and Lewie Welch. I give devise and bequeath un=

=to them my said heirs all my property by real

and personal. Excepting my household goods, to be

divided equally among them share and share alike,

Excepting, Five hundred Dollars shall be taken

from the Share of William O. Welch he having

heretofore received that Sum and the said Five

hundred Dollars to be equally divided among my

other five or six 6 children above named.


Third:~ I direct that in the division of said estate among

my said heirs, that my homestead on Franklin

St. in the City of Delaware shall be estimated

at the Sum of Two Thousand dollars. One thous=

=and of which shall apply on the share of my

son Lewie and the remaining One thousand to

apply on the Share of my daughter Fannie, and

I give and devise unto my said Son Lewie and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 183)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 183)

Description

[page 183]

[corresponds to page 117 of Delaware County Will Records Vol. 8 1887-189

117


Augustus A. Welch' Will.

my said daughter Fannie, in equal Shares as

tenants in common my homestead in the City

of Delaware Ohio, absolutely (the same to be

estimated to them at the sum of two thousand

dollars as aforementioned) as long as they shall live

together, but should either of said heirs die or

abandon or leave said homestead, then the One so

left occupying the same shall have the same unto

himself absolutely & his heirs. or assigns.


Fourth - I give and devise unto my Son Lewie and my daughter

Fannie all my household goods each on equal shares.


Fifth - The balance of my real estate excepting the above

homestead may be sold at Public or private sale

or divided as my heirs should think best.


Sixth - I hereby name and appoint my son Lewie Welch

as executor of this my last will and testament.

In witness

whereof I have hereunder set my hand & seal this

29th day of January. A.D. 1886.

Augustus A. Welch. {Seal}


Signed by the said testator Augustus A. Welch

as and for his last will and testament in the pres=

=ence and in the presence of each other have subscribed

our names as attesting witnesses

Henry S. Culver. {Seal}

Norman F. Overturf. {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 184)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 184)

Description

[page 184]

[corresponds to page 118 of Delaware County Will Records Vol. 8 1887-1890]

118


Sarah Van Deman's Will.

Journal Entry.

January 31st 1888.


In the Matter of the Will of } In the Probate Court of

Sarah Van Deman deceased. } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Sarah Van Deman,

late of Delaware City, in this County, deceased,

was produced in open Court for Probate; On Consid=

=eration Whereof, it is ordered that the said Will be

filed in this Court. And it appearing to the

Court that Emma Van Deman - Eliza A. Van

Deman - William H. Maltbie - Sarah W. Buck -

W.L. Van Deman and J.D. Van Deman - heirs and

legatees of the Testatrix, resident of the State of Ohio,

have waived notice and consented to the probate of said

Will. Therefore, on this day came Chas. O Little

(G.W. Darlinton having deceased) the subscribing wit=

=ness to said Will, and Julia G. Little and Chas. O.

Little the subscribing witnesses to the Codicil of said

Will, who being duly sworn, testified to the due exe=

=cution and attestation of said Will and Codicil. Which

testimony was reduced to writing, by them respectively

subscribed, and filed with said Will. ~~ And it ap=

=pearing that G. W. Darlinton, one of the subscribing

witnesses to said Will, is now deceased ~ thereupon

Henrie E. Buck and Homer M. Carper, appeared in

open Court, and were duly sworn and examined according

to law touching the genuineness of the signature of said

G.W. Darlinton, attached to said Will, and their tes=

=timony thereon was reduced to writing and filed.

Whereupon the Court finds, that the aforesaid instru=

=ment of writing is the last Will and Testament of said

Sarah Van Deman, deceased, That the same was

duly executed and attested, and that the said Testatrix,

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

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

any restraint. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon, be

entered of record in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 185)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 185)

Description


[corresponds to page 119 of Delaware County Will Records Vol. 8 1887-1890]

119


Sarah Van Deman's Will.

Waiver.


We, the undersigned Heirs at Law, Legatees &

Devisees of the within named decedent , hereby waive

further notice , and consent to the probate of said

Will.

Dated this 30th day of January. A.D. 1888.


Emma Van Deman

Eliza A. Van Deman

William H. Maltbie

By S.B. Maltbie, Guardian.

Sarah W. Buck

W.S. Van Deman

J.D. Van Deman.


Probate of Will

The State of Ohio } ss. In Probate Court.

Delaware County }

Personally appeared in open Court

Chas. O. Little one (G.W Darlington the other witness

being deceased) the subscribing witnesses to the last

Will and Testament of Sarah Van Deman, late of

Delaware City 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, disposes and says:

That the paper before him bearing date the 22d day of

July. A.D. 1880, purporting to be the last Will and Testa=

=ment of Sarah Van Deman, now deceased, is the last

Will of said deceased Sarah Van Deman, that he was

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

of the Testatrix, subscribed his name to the same as

a witness, in her presence; that he saw the said Sarah

Van Deman, deceased sign and seal said Will, and heard

her acknowledge the same to be her last Will and Tes=

=tament, and that the said Sarah Van Deman at

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

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

any restraint.

Chas. O. Little.


Sworn to and subscribed by said witness in open Court.

this 31" day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 186)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 186)

Description

[page 186]

[corresponds to page 120 of Delaware County Will Records Vol. 8 1887-1890]

120


Proof of Signature of Witness to Will.

The State of Ohio }

Delaware County, ss.} Henrie E. Buck being duly

sworn, says that he was well

acquainted with G.W. Darlington who is now deceased,

that he was well acquainted with the hand writing of

the said G.W. Darlington, having often seen him

write, that the signature G.W. Darlington as subscrib=

-ing witness to the last Will and Testament of Sarah

Van Deman, deceased, is in the own proper hand

writing and signature of the said G.W. Darlington

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

resided in Greenup, Kentucky.

Henrie E. Buck

Sworn to before me, and subscribed in my presence,

this 31st day of January A.D. 1888.

Rufus Carpenter

{seal} Probate Judge


The State of Ohio }

Delaware County, ss. } Homer M. Carper, being duly

sworn, says that he was well

acquainted with George W. Darlinton, who is now

deceased, that he was well acquainted with the hand

writing of the said George W. Darlinton, having often

seen him write, that the signature G.W. Darlinton as

subscribing witness to the last Will and Testament of

Sarah Van Deman, deceased, is in the own proper

hand writing and signature of the said G.W. Darlinton

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

sided in Greenup Kentucky, Greenup County.

Homer M. Carper

Sworn to before, and subscribed in my presence, this

31st~ day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge


Proof of Witnesses to Codicil to Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open

Court Julia G. Little and Chas. O. Little the sub=

=scribing witnesses to the Codicil to the last Will

and Testament of Sarah Van Deman, late of Delaware

City in said Delaware County, deceased; who

being duly sworn according to law, to speak the truth,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 187)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 187)

Description

[page 187]

[corresponds to page 121 of Delaware County Will Records Vol. 8 1887-1890]

121


Sarah Van Deman's Will.

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

=tion to the execution of said Codicil, depose and say:

That the paper before them bearing date the 22

day of June. A.D. 1882, purporting to be a codicil

to the last Will and Testament of Sarah Van De=

=man now deceased, is the codicil to the Will of

said deceased Sarah Van Deman, that they were

present at the execution of said codicil and at the

request of the Testatrix, respectively subscribed their

names to the same as witnesses, in her presence;

that they saw the said Sarah Van Deman deceased,

sign and seal said codicil and heard her acknowledged

the same to be a codicil to her last Will and Testa=

=ment, and that the said Sarah Van Deman at

the time of making, signing and sealing said codicil

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

under any restraint.

Julia G. Little

Chas. O. Little

Sworn to and subscribed by said witnesses, in open

Court, this 31st day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge.


Copy of Will.


In name of the Benevolent Father I Sarah Van

Deman of the City of Delaware Ohio being of

sound & disposing mind and memory and under no

restraint do make and publish this my last Will and

testament hereby revoking all former wills by me

made,

Item 1st I direct that all my just debts and funeral and the

expence of administering my estate be paid out of my

personal estate.

Item 2nd All the rest and residue of my estate that is the per=

=sonal estate except my household goods and kitchen

furniture I give and bequeath to my daughters Eliza

A Van Deman and Emily N. Van Deman, share and

share alike

Item 3rd I do hereby will and devise and bequeath unto my said

daughters Eliza A. Van Deman - Emily N. Van Deman

and my son W L Van Deman for and during their natur=

=al lives and during the life of the survivors of them

unless they should sooner marry, the following real

estate situated in the City of Delaware, County of

Delaware and State of Ohio and bounded as follows:

Beginning on the North side of north street at the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 188)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 188)

Description

[page 188]

[corresponds to page 122 of Delaware County Will Records Vol. 8 1887-1890]

122


Sarah Van Deman's Will.

south west corner in the tract deeded by me to W.L.

Van Deman said deed dated July 21. 1880. thence

West on the north line of north street to the south

east corner of land deeded to Emily N. Van Deman

thence north on her east line to her north east

corner thence West on her north line and the north

line of Angie M. Maltbie to the west line of original

out lot No. 38 thence north on the west line of said

lot No. 38 to the south west corner of original out lot

No. 40 sold to J E. Buck thence east on the

south line of out lot No. 40. to the North west corner of

Wm Jones land, thence south on said Jones west

line to his North west corner thence east on his

south line to the North west corner of said lot deeded

to W.L. Van Deman thence south on his west line

to the place of beginning being known as part of out-

lot original No 38 and includes the house orchard and

barn lot, said devisees Elisa A. Van Deman , Em=

=ily N. Van Deman and W.L. van Deman to keep up

repairs and pay the taxes -- thereon, should either of

said daughters or son marry then they forfeit all

benefits of this devises in this item and at the death

of the survivors of them or upon the marriage of the

survivor of them I hereby devise and bequeath the

remainder of said property to my children living

at the date of this Will and to their heirs in

fee simple as tenants in common and should any of

my said children be dead leaving children, then

their share is to go to their issue , and should

any of my children die without lawful issue, then

their respective children to go to my other children and

their heirs.

Item 4th I hereby direct and desire that my Executors herein=

after named or their successors shall sell either

at public or private sale as they may think best all

of original out lot No 37. known as the field above the

barn which remains unsold and invest the proceeds

of such sale at interest, executing and delivering deeds

to the purchaser or purchasers and after paying the

expenses of such investments and taxes thereon to

pay annually to each of my Daughters Eliza A. Van

Deman, Sarah W. Buck, Emily N. Van Deman -

and Angie M. Maltbie each one fourth of said interest

per annum income during their natural lives or

at their death or the death of either of them their

respective share of the principal or the interest to be

equally divided among their children in the same

manner as is provided, for in the remainder of the

property described in Item 3 after the determination
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 189)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 189)

Description

[page 189]

[corresponds to page 123 of Delaware County Will Records Vol. 8 1887-1890]

123


Sarah Van Deman's Will.

of the life estate.

Item 5th All the rest and residue of my estate except my

household goods and kitchen furniture which I will

and bequeath to Eliza A. Van Deman & Emily

N. Van Deman upon the same conditions and stipula=

=tions as is provided for in the 3rd Item in this

Will, I will and devise and bequeath unto my children

Eliza A. Van Deman - Sarah W. Buck- Joseph

H. Van Deman - John D. Van Deman, Emily

N. Van Deman and Angie M. Maltbie and W.L.

Van Deman and to their heirs as tenants in common,

share and share alike and if any of them should be

dead at my death, then their share to go to their

heirs, I have made the additional provision for my

Daughters Eliza A. Van Deman and Emily N. Van

Deman because they have so long lived with me as=

=sisting me and administering to my wants and because

of their condition of helplessness I may leave them

in.

Item 6th I give and bequeath to my Daughters Eliza A. Van

Deman and Emily N. Van Deman all the money

both bank notes and coin that I may have at the

time of my death. I also give and bequeath to said

Eliza A. and Emily N. Van Deman all the Notes

for the payment of money and all the Railroad Stock

that I may have on hand at the time of my death.


Item 7th I do hereby constitute and appoint my two sons John

D. Van Deman and W.L. Van Deman executors of

this my last Will and Testament and do hereby

authorize them to compromise and adjust all claims

from or due to me.

In testimony whereof I have hereunto

set my hand and seal this 22d of July 1880


Sarah Van Deman. {Seal}


Signed sealed and acknowledged and declared in our

presence by the said Sarah Van Deman as and for

her last Will and Testament and we have signed the

same as witnesses thereto at her request in her pres=

=ence and in presence of each other.

Chas. O. Little

G. W. Darlinton
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 190)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 190)

Description

[page 190]

[corresponds to page 124 of Delaware County Will Records Vol. 8 1887-1890]

124


Sarah Van Deman's Will.

Codicil.

Whereas I Sarah Van Deman on the 22d day of

July A.D. 1880. made & executed my last will &

testament, which is hereto attached, And whereas

a change of my circumstances & estate has taken place

in consequence of the death of my brother George W.

Darlinton, now I do hereby make and publish this

as a codicil to my said will. and declare that said

Will with the changes made in this codicil, shall

be my last will & testament to-wit.

Item. I. I give and bequeath to my daughters Eliza A. Van Deman

& Emily N. Van Deman all my household goods &

kitchen furniture in equal proportions, and all the rest &

residue of my personal estate, including moneys, notes & prop=

=erty in expectancy or possession. I give and bequeath un=

=to my children Eliza A. Van Deman - Sarah W. Buck

Joseph H. Van Deman - John D. Van Deman - Emily

N. Van Deman - Angie M. Maltbie and Willie L. Van

Deman, share and share alike, and if any of them should

be dead at my death, their share to go to their children,

if they should leave any, and if not their share to go to

the survivors - and I hereby revoke Items 2d and 6th

of my said will as in conflict herewith.

Item. II All my real estate wherever situate except that de=

scribed and bequeathed in Item III. of my will (which

I wish to remain as in Item 3~d provided ) I give de=

=vise and bequeath unto my children, Eliza A. Van De=

man - Sarah W. Buck - Joseph H. Van Deman -

John D. Van Deman - Emily N. Van Deman - Angie M.

Maltbie and Willie L. Van Deman share and share alike.

as set forth in Item 5th of my said Will and I hereby re=

=voke the provisions made in Item 4th~" of said Will. it being

my desire that my said children shall equally enjoy and

possess my estate, except that portion set apart in said

Item 3d which they are to have subject to the limitations &

conditions therein provided, and as to said Household goods &

kitchen furniture.

In testimony whereof I have hereunto set my

hand and seal this 22d day of June. A.D. 1882.

Sarah Van Deman {Seal}

Signed, sealed and acknowledged and declared in our presence

by the said Sarah Van Deman as and for a codicil to her

last will and testament, and we have signed the same as

witnesses thereto at her request in her presence and in pres=

=ence of each other.

Julia G. Little

Chas. O Little
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 191)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 191)

Description

[page 191]

[corresponds to page 125 of Delaware County Will Records Vol. 8 1887-1890]

125


Joshua B. Fritz Estate,

Journal Entry.

January 28" 1888.


In the Matter of the Will of } In the Probate Court of

Joshua B. Fritz, Deceased. } Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of Joshua B. Fritz, late of

Delaware City, in this County, deceased, was produced

in open Court for Probate; On Consideration Whereof

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

and that due notice thereof, and of the application to

admit the same to probate and record be given to

Hettie Horner - Mary Fritz - Daniel Fritz and Min-

-nie Vining (Rosannah Fritz, widow and William

Fritz having waived notice) next of kin of the Testa=

=tor, resident of the State of Ohio, that said applica=

tion will be for hearing before this Court on the 1st day

of February .A.D. 1888, at 2 o'clock P.M.

Rufus Carpenter

Probate Judge.


Notice to Heirs.

State of Ohio } In Probate Court.

Delaware County, ss. }

In the matter of the Last Will and Testa=

=ment of Joshua B. Fritz, deceased.

To Hettie Horner ~

Mary Fritz - Daniel Fritz - Minnie Vining.

You are hereby

notified that on the 28" day of January. A.D. 1888

an instrument of writing ,purporting to be the last Will

and Testament of Joshua B. Fritz, late of Delaware

City, in said County, deceased, was produced in

open Court, and an application to admit the same

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

Said application will be for hearing before this Court

on the 1st day of February. A.D.1888, at 2 o'clock

P.M.

Rufus Carpenter

Probate Judge.

Dated at Delaware Ohio, this 28" day of January. A.

D 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 192)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 192)

Description

[page 192]

[corresponds to page 126 of Delaware County Will Records Vol. 8 1887-1890]

126


Joshua B. Fritz' Will.

Return.

The State of Ohio }

Delaware County ss } William Fritz being duly sworn,

says that on the 28th & 30th days of

January A.D. 1888, he served the within notice by de=

livering a true copy thereof to the within named

Hettie Horner ~~ Mary Fritz ~ Daniel Fritz and

Minnie Vining.

William Fritz.

Subscribed in my presence and sworn to before me this

1st day of Feb. 1888.

{Seal}

Waiver.

We, the undersigned, widow & heir of the within named

decedent, hereby waive further notice, and consent to

the probate of said Will.

Dated this 28" day of Jany A.D. 1888.

Rosannah Fritz

William Fritz.


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Henry L. Baker and James R. Lytle the subscrib-

ing witnesses to the last Will and Testament of Joshua

B. Fritz, late of Delaware Township in said Dela-

=ware County, deceased; who being duly sworn accord-

=ing 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 bear:

=ing date the 27" day of August A.D. 1887, purporting

to be the last Will and Testament of Joshua B.

Fritz, now deceased, is the Will of said deceased

Joshua B. Fritz, that they were present at the ex=

=ecution 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 Joshua B. Fritz deceased sign and seal

said Will, and heard him acknowledge the same

Joshua B. Fritz 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 L. Baker

James R. Lytle
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 193)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 193)

Description

[page 193]

[corresponds to page 127 of Delaware County Will Records Vol. 8 1887-1890]


Joshua B. Fritz' Will.


Sworn to and subscribed by said witnesses, in open

Court, this 1st day of February. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

February 1st 1888.

In the Matter of the Will }

of Joshua B. Fritz, Deceased. } Be it remembered, that

heretofore, to-wit: on the 28"

day of January. A.D. 1888. an instrument of writing,

purporting to be the last Will and Testament of Josh=

=ua B. Fritz, late of Delaware City, in this Coun=

=ty deceased, was produced in open Court for probate

and was then filed. And, it 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 Hettie Horner- Mary Fritz - Daniel

Fritz and Minnie Vining (Rosannah Fritz, widow,

and William Fritz having waived notice) heirs and next

of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court; therefore,

on this day came Henry L. Baker and James R.

Lytle the subscribing witnesses to said Will, who

being duly sworn, testified to the due execution 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 Joshua B. Fritz, deceased. That the same was

duly executed and attested; and that the said Testa=

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

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

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimon=

=y of the witnesses above named, as well as the proceed=

=ings had thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.




Copy of Will.


In The name of the Benevolent Father of All I, Josh=

=ua B. Fritz of Delaware County, Ohio, do make and

publish this my last Will and Testament.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 194)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 194)

Description

[page 194]

[corresponds to page 128 of Delaware County Will Records Vol. 8 1887-1890]

128


Joshua B. Fritz' Will.

Item First I desire that all my just debts and expenses be first paid

out of my estate.

Item Second: I give and devise to my beloved wife Rosannah Fritz

The property upon which we live Situate in the

City of Delaware County of Delaware and State of Ohio

and being In Lots 342 & 343, in said City of Delaware

absolutely, and in fee Simple. I also give and devise

to my said wife absolutely & unconditionally all my

household goods and furniture, and all my goods and

chattels or whatever kind or description. It is my

will and desire that she shall pay all my just debts out

of my said estate.

Item Three: I do hereby nominate and appoint my said wife, exec=

=trix of this my last will and testament, hereby author=

=izing and empowering her to compromise adjust release and

discharge in such manner as she may deem proper the

debts and claims due me, and I do also authorize and

empower her if it shall become necessary in order to pay

my debts, to sell by private sale or in such manner and

upon such terms of credit as she may think proper all or

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

acknowledge and deliver in fee simple.

I desire that no appraisement and no sale of my personal

property be made and that the court of probate direct the ommis=

=sion of the same in pursuance of the Statute.

It is my will and wish that my said executrix be not

required to give bonds. And I desire the Probate Judge

to issue letters of Administration to her without bonds.

I do hereby revoke all former wills by me made.

In testimony

hereof I have hereunto set my hand and seal this

24th day of August. A.D. 1887.

Joshua B. Fritz. {Seal}

Signed and acknowledged by said Joshua B. Fritz as

his last Will and Testament in our presence and signed by

us in his presence at his special instance and request.

Henry L. Baker.

James R. Lytle.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 195)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 195)

Description

[page 195]

[corresponds to page 129 of Delaware County Will Records Vol 8 1887 - 1890]

129


Jonas Evan's Will.

Journal Entry

January 10" 1888.


In the Matter of the Will } In the Probate Court of

of Jonas G. Evans, Dec'd } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Jonas G. Evans,

late of Delaware City, in this County, deceased, was

produced in open Court for Probate; On Consideration

Whereof, it is ordered that the said Will be filed

in this Court. And it appearing to the Court

that there are no next of kin and the Legatees having

waived service of Notice and consented to the probate

of said Will.~~ And it appearing to the Court

that J.H. Smith one of the subscribing witnesses

to said Will is a resident of Appleton, Missouri

and is without the jurisdiction of this Court, it is

therefore ordered that a commission with the Will

annexed issue herein to F French of Appleton, Mis=

=souri, directing him to take the deposition of said

subscribing witness J.H. Smith and return the

same, duly certified, with all convenient speed to this

Court.

Rufus Carpenter

Probate Judge.


Waiver.

We, the undersigned legatees of the within named dec=

=edent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 10" day of January. A.D. 1888.

her

Attest. Elizabeth Jane X Schneck

Mame Parks mark

Rufus Carpenter.



Commission.

The State of Ohio } ss

Delaware County } To Hon. F. French, 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 deposi=

=tion of J.H. Smith one of the subscribing witnesses

to the last Will and Testament of Jonas G Evans, decd

hereto annexed, late of the County of Delaware, in the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 196)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 196)

Description

[page 196]

[corresponds to page 130 of Delaware County Will Records Vol. 8 1887-1890]


Jonas G. Evan's Will


State of Ohio, deceased, and therefore we command

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

you cause the said J.H. Smith to be brought be=

=fore you, and then and there to examine him on oath or

affirmation first taken before you, touching the due ex=

=ecution of said Will of the said Jonas G. Evans,

decd and that you reduce such examination to writing,

and return the same, together with this Commission

and the Will of the said Jonas G. Evans, decd,

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 O, this 10th day of

January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge.


Copy of Will.


I, Jonas G. Evans, of the town of Delaware, County

of Delaware State of Ohio, being aware of the un-

=certainties of life, and in failing health, but of sound

mind and memory, do make and declare this to be

my last will and testament in manner following,

to-wit.

First I give, devise and bequeath to Mrs. Elizabeth Jane

Schneck my house and lot, situated in the City

of Delaware, County of Delaware , State of Ohio,

and known as original lot "M" in John M. & H Har-

-riett Beedles addition to South Delaware and part of

out lot No. 22 old N° and new N° 1163 . Said inlot

"M" has been renumbered and is now known an,

designated as N° 15 28 in said City of Delaware,

and being the same premises conveyed to Jonas G. Ev-

=ans by D.H. Potter and wife by deed of date Nov.

12. 1873. and recorded in Delaware Co, records. Vol. 65.

Page 575.

And I further devise and bequeath unto the said Mrs.

Elizabeth Jane Schneck all of my household goods,

and all of my personal property not otherwise herein

specified.

Second I, give and bequeath to the St. John English Luth=

=eran Church located at Delaware in the State

of Ohio all of my money, bonds, notes and mortgages,

to be taken by the trustees of said Church and expend=

=ed for the benefit of said Church in such manner
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 197)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 197)

Description

[page 197]

[corresponds to page 131 of Delaware County Will Records Vol. 8 1887-1890]

131


Jonas G. Evans' Will


as said trustees may from time to time elect.

I nominate and

appoint as Executor of this my last will and tes=

=tament my friend and relative Lewis Smith. Jr

and further direct that he, my Executor, shall pay

the necessary funeral expenses and all other debts

that may have been contracted, before turning the

money over to the trustees of the Church.

In witness whereof,

I, Jonas G. Evans to this my last will and tes=

=tament have hereunto set my hand and seal

this twenty fifth day of July. 1887.

his

J.H. Smith Witnesses Jonas G. x Evans. {Seal}

J.L. Smith mark


Signed, sealed and declared by Jonas G. Evans

as and for his last will and testament, in the pres-

=ence of us who at his request and in his presence,

and in the presence of each other, have subscribed

our hands hereto as witnesses thereof.

J.H. Smith. Appleton City. Mo.

J.L. Smith. Cleveland . Ohio.


Deposition of J. H. Smith


The State of Missouri } In the Matter of the last Will and

St Clair. County. ss } Testament of Jonas J. Evans. decd


Personally appeared before me F. Finch, Commissioner,

J.H. Smith, one of the subscribing witnesses to the

last Will and Testament of Jonas G. Evans, late of

Delaware City, in said Delaware County, deceased,

who being by me first duly sworn according to law

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

the truth, in relation to the execution of said Will,

deposes and says: That he was present at the execu=

tion of the paper before him bearing date the 25th day

of July. A.D. 1887. purporting to be the last Will

and Testament of Jonas G. Evans now deceased,

whose name is signed at the end thereof, and at the

request of said deceased, he subscribed his name to the

the same as a witness in his presence; that he saw

the said Jonas G. Evans sign and seal said Will,

and heard him acknowledge the same to be his last

Will and Testament, and that the said Jonas G.

Evans at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 198)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 198)

Description

[page 198]

[corresponds to page 132 of Delaware County Will Records Vol. 8 1887-1890]

132


Jonas G. Evans' Estate.

and not under any restraint.

J.H. Smith

The State of Missouri }

St Clair County. ss. } I, F. Finch, duly appointed and

commissioned by the Judge of the

Probate Court, of the County of Delaware, and the

State of Ohio, to take the testimony of J.H. Smith

one of the subscribing witnesses to the last Will and

Testament of Jonas G. Evans, deceased, late a resident

of said County and State, which Commission, and the

said Will are hereto annexed, do hereby certify that

in pursuance of said Commission I caused the above

named J.H. Smith one of the subscribing witnesses

as aforesaid to appear before me, on the 27" day of Jan=

=uary. 1888, that he was first duly sworn by me, ac:

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

nothing but the truth; that I examined him in

relation to the execution of said Will, and reduced his

testimony to writing as above set forth in his presence

and that he signed the same in my presence, and I

further certify that I am not Counsel, Attorney or

Relative of any of the parties named in said Will,

or otherwise interested in the Probate thereof.

In witness whereof

I have hereunto set my hand, this the 27th day of

January A.D. 1888.

Franklin Finch

{Seal} Commissioner.

and Probate Judge of

St Clair County. Missouri.

Journal Entry.
__________

January 30th 1888.

In the matter of the Will of |

Jonas G. Evans, deceased. | The commission heretofore issued

herein to take the testimony of

J.H. Smith, one of the subscribing witnesses to the Will of

said Jonas G. Evans, deceased was this day returned duly

executed and the same was filed herein.

And it appearing to the Court that J.L. Smith, the other

subscribing witness to said Will, is a resident of Cleve=

=land, Ohio, and is without the jurisdiction of this Court, it

is thereupon ordered that a Commission, with the Will an=

=nexed, issue herein to Daniel R Tilden, of Cleveland,

Ohio, directing him to take the testimony of said subscribing

witness, and return the same, according to law, with all

convenient speed, to this Court.

Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 199)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 199)

Description

[page 199]

[corresponds to page 133 of Delaware County Will Records Vol. 8 1887-1890]

133


Jonas G. Evan's Will

Commission

The State of Ohio } ss.

Delaware County } To Hon. Daniel R. Tilden, Greeting:


Know Ye, That we, in confidence of your prudence and fidel=

=ity, have appointed you, and by these present do give

you full power and authority and take the deposition of

J.L. Smith, one of the subscribing witnesses to the

last Will and Testament of Jonas G. Evans decd,

hereto annexed, late of the County of Delaware, in

the State of Ohio, deceased; and therefore we command

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

you cause the said J.L. Smith to be brought before

you, and then and there to examine him on oath or

affirmation first taken before you, touching the due exe=

=cution of said Will of the said Jonas G. Evans, decd

and that you reduce such examination to writing, and return

the same, together with this Commission and the Will

of the said Jonas G. Evans decd thereto annexed, closed up

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

convenient speed.

In Testimony Whereof, I, Rufus Car=

=penter, Judge of the said Court, have hereunto set my

hand and affixed the seal of said Court, at Delaware

O, this 30" day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge



Deposition of J.L. Smith.


The State of Ohio } ss In the matter of the last Will and Testament

Cuyahoga County } of Jonas G. Evans, decd


Personally appeared before me Daniel R. Tilden,

Commissioner, J.L. Smith, one of the subscribing

witnesses to the last Will and Testament of Jonas G.

Evans, late of Delaware City, in said Delaware

County, deceased, who being by me first duly sworn

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

nothing but the truth in relation to the execution of said

Will, deposes and says: That he was present at the exe=

=cution of the paper before him bearing date the 25th day of

July. A.D. 1887. purporting to be the last Will and Testament

of Jonas G. Evans now deceased, whose name is signed

at the end thereof, and at the request of said deceased, he

subscribed his name to the same as a witness in his

presence, that he saw the said Jonas G. Evans sign and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 200)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 200)

Description

[page 200]

[corresponds to page 134 of Delaware County Will Records Vol. 8 1887-1890]

134


Jonas G. Evans' Will

seal said Will, and heard him acknowledge the same

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

Jonas G. Evans 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.L. Smith.

The State of Ohio } ss

Cuyahoga County. } I, Daniel R. Tilden, duly ap=

=pointed and commissioned by the

Judge of the Probate Court of the County of Delaware

and the State of Ohio, to take the testimony of J.L.

Smith, one of the subscribing witnesses to the last

Will and Testament of Jonas G. Evans, deceased

late a resident of said County and State, which Com=

=mission, and the said Will are hereto annexed, do

hereby certify that in pursuance of said Commission I

caused the above named J.L. Smith of the sub=

=scribing witnesses as aforesaid to appear before me, at

Cleveland on the 1st day of February. 1888, that he

was first duly sworn by me, according to law, to

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

truth; that I examined him in relation to the exe=

=cution of said Will, and reduced his testimony to

writing as above set forth in his presence and that he

signed the same in my presence, and I further certi=

=fy that I am not Counsel, Attorney or Relative

of any of the parties named in said Will, or other=

=wise interested in the Probate thereof.

In witness whereof I

have hereunto set my hand, this 1st day of February.

A.D. 1888.

Daniel R. Tilden

Commissioner


Journal Entry.

February 2nd 1888.

In the Matter of the Will }

of Jonas G. Evans. }

The Commission heretofore is:

=sued herein to take the testimony of J.L. Smith

one of the subscribing witnesses to the Will of said

Jonas G. Evans deceased, was this day returned,

duly executed and the same was filed herein.

And it appearing to the Court from the depositions

of the said J.H. Smith and J.L. Smith, the sub=

=scribing witnesses to said Will that the aforesaid

instrument of writing is the last Will and Testament
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 201)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 201)

Description

[page 201]

[corresponds to page 135 of Delaware County Will Records Vol. 8 1887-1890]


Jonas G. Evan's Will

of said Jonas G. Evans, deceased. That the same

was duly executed and attested; and that the

said Testator, at the time of making, signing and

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

and memory, and not under any restraint. It is,

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as

well as the proceedings has thereon, be entered of

record in this Court.

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 202)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 202)

Description

[page 202]

[corresponds to page 136 of Delaware County Will Records Vol. 8 1887-1890]

136


Hugh Carter's Will

Journal Entry.

January. 9th 1888.


In the Matter of the Will | In the Probate Court of

of Hugh Carter, deceased | Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Hugh Carter,

late of Troy Township, in this County, deceased was

produced in open Court for Probate; On Consid=

=eration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof,

and of the application to admit the same to probate and

record, be given to William Carter- John H Car=

=ter- James E. Carter- Keziah Willey - Ellen

Armstrong - Helen Francis- Alice Carter- Lucinda

Ashbrook- Dora Inskip- Alice Weiser - James

Willey - Hosea Willey- Nancy Willey- Jasper

Willey - Perry Willey - Cora Carter- Mary

Carter- Mattie Carter . Hugh Francis and John

Armstrong, heirs and next of kin of the Testator,

resident of the State of Ohio, that said application

will be for hearing before this Court on the 25th~ day

of January. A.D. 1888, at two o'clock. P.M.

Rufus Carpenter

Probate Judge.



Notice to Heirs.

The State of Ohio } ss. In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of Hugh Carter, deceased.

To William Carter-

John H. Carter- James E. Carter , Keziah Willey -

Ellen Armstrong - Helen Francis - Alice Car=

=ter- Lucinda Ashbrook - Dora Inskip- Alice Wei=

=ser - James Willey - Hosea Willey - Nancy

Willey - Jasper Willey - Perry Willey - Cora Carter

Mary Carter - Mattie Carter - Hugh Francis -

John Armstrong.

You are hereby notified that on the 9th

day of January. A.D. 1888, an instrument of writing.

purporting to be the last Will and Testament of

Hugh Carter, late of Troy Township; in said

County, deceased, was produced in open Court, and

an application to admit the same to probate was

on the same day made in said Court. Said appli=

=cation will be for hearing before this Court on the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 203)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 203)

Description

[page 203]

[corresponds to page 137 of Delaware County Will Records Vol. 8 1887-1890]

137


Hugh Carter's Will.

25" day of January. A.D. 1888, at 2'o clock. P.M.

Rufus Carpenter

{Seal} Probate Judge


Dated at Delaware Ohio, this 9" day of January.

A.D. 1888.


Return.

The State of Ohio } ss.

Delaware County } John Cunningham being duly

sworn, says that on the 18"

day of January. A.D. 1888, he served the within

notice by delivering a true copy thereof to all of the

within named parties.

John Cunningham

Subscribed in my presence and sworn to before me

this 25" day of Jan. 1888.

Rufus Carpenter

{Seal} Probate judge.


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

John A. Carter one of the subscribing witnesses to

the last Will and Testament of Hugh Carter

late of Troy Township in said Delaware County,

deceased; who being duly sworn according to law,

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

the truth, in relation to the execution of said Will,

depose and say: That the paper before him bearing

date the 12" day of December .A.D. 1885, purporting

to be the last Will and Testament of Hugh Carter,

now deceased, is the Will of said deceased, 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 Hugh Carter, deceased, sign and seal said

Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said

Hugh Carter, at the time of making, signing and

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

and memory, and not under any restraint.

John A. Harter.

Sworn to and subscribed by said witness in open Court,

this 25 day of January. A.D. 1888.

{Seal} Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 204)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 204)

Description

[page 204]

[corresponds to page 138 of Delaware County Will Records Vol. 8 1887-1890]


138

Hugh Carter's Will

Journal Entry.

January 25 1888.


In the Matter of the Will |

of Hugh Carter, Deceased.| Be it remembered, that

heretofore, to-wit: on the 9th

day of January A.D. 1888. an instrument of writing, pur=

=porting to be the last Will and Testament of Hugh

Carter, late of Troy Township, in this County, de=

=ceased, 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

William Carter- John H. Carter. James E. Carter

Keziah Willey - Ellen Armstrong - Helen Francis -

Alice Carter - Lucinda Ashbrook - Dora Inskip -

Alice Weiser - James Willey - Hosea Willey -

Nancy Willey - Jasper Willey - Perry Willey -

Cora Carter - Mary Carter - Mattie Carter - Hugh

Francis - and John Armstrong, heirs, legatees and next of

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

=suant to a former order of this Court; therefore on this

day came John A. Carter, one of the subscribing wit=

=nesses to said Will, who being duly sworn ,testified

to the due execution and attestation of said Will.

Which testimony was reduced to writing, by him

subscribed, and filed with said Will.

And it appearing to the Court that William L.

Crawford, the other subscribing witness to said Will,

is a resident of Seneca County, Ohio, and is with=

=out the jurisdiction of this Court, it is therefore or=

=dered that a commission with the Will annexed,

issue herein to J.C. Royer, of Tiffin, Seneca Coun:

=ty, Ohio directing him to take the deposition of said

subscribing witness, and return the same duly certified, with

all convenient speed to this Court.

Rufus Carpenter.

Probate Judge



Commission.


The State of Ohio } ss. To J.G. Royer - Greeting

Delaware County }

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 William L. Crawford one of

the subscribing witnesses to the last Will and Testament
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 205)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 205)

Description

[page 205]

[corresponds to page 139 of Delaware County Will Records Vol. 8 1887-1890]


139

Hugh Carter's Will.

of Hugh Carter decd 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

William L. Crawford to be brought before you, and

then and there to examine him on oath or affirma=

=tion first taken before you, touching the due execution

of said Will of the said Hugh Carter, decd, and

that you reduce such examination to writing, and

return the same, together with this Commission and

the Will of the said Hugh Carter, decd, 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 25" day of January.

A.D. 1888,

Rufus Carpenter

{Seal} Probate Judge


Copy of Will.

In the Name of the Benevolent Father of All I,

Hugh Carter of the County of Delaware Ohio, being

of sound mind and memory do make and publish this

my last will and testament in manner and form

following.

1st I direct that all my just debts and expenses be paid

out of any money or personal property that may be on

hand at my decease.

2nd I direct that all Real Estate that may be on hand

at my decease be sold by my executor as soon as he

may be able to dispose of the same without loss or

sacrifice and he is hereby authorized to sell and convey

the same as I could myself without any authority

from Court and he may sell said Real Estate in

different lots or parcels at public or private sale on

such terms as he may be able to obtain.


3rd I give and devise to each of my three sons William_

John H & James E. Carter five hundred dollars

each, to be paid out of the first money that may be

received from the sale of my real estate.


4th I give and devise to my daughters Keziah Willey

& Ellen Armstrong one thousand dollars each and to

my daughter Helen Francis five hundred dollars.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 206)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 206)

Description

[page 206]

[corresponds to page 140 of Delaware County Will Records Vol. 8 1887-1890]


140

Hugh Carter's Will

to my daughter Ann M. deceased one thousand dollars,

and to my daughter Allace Carter thirteen hundred

dollars.

5th I will and devise to each of my grand children being

the children of my son John H. Carter and the children

of my daughter Keziah Willey. And the children of

my daughter Elinor Armstrong and to the children

of my son James E. Carter all the said grand

children as heretofore named that may be living at

my decease or when such payments can be made

shall each receive one hundred dollars.


6th I give and devise to Mrs Lucinda Ashbrook if

she should be living at my decease one hundred

dollars.

7th I hereby constitute and appoint my friend John Cun=

=ningham my Executor to settle all my estate

and should he not be able by infirmity or age to

settle the same I constitute and appoint my son

John H. Carter to settle or finish the same and he

is authorized to sell and convey the same as the first

mentioned Executor.

8th It is further my will that any balance that may

be left after paying the foregoing bequests be equally

divided between my children heretofore named


In Testimony whereof I hereby set my hand and

seal this twelfth day of December. A.D. 1885

Hugh Carter. {Seal}

Signed and acknowledged by

the Testator in our presence

and signed by us in his presence

and in the presence of each other.

and at his request. John A. Carter

William L. Crawford.



Deposition of Witness to Will.


The State of Ohio } ss. In the Matter of the last Will and

Seneca County } Testament of Hugh Carter, decd


Personally appeared before me J.C. Royer, Commis=

sioner, William L. Crawford one of the subscribing wit=

=nesses to the last Will and Testament of Hugh Car=

=ter, late of Troy Township in said Delaware County,

deceased, who being by me first duly sworn according

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

but the truth, in relation to the execution of said Will,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 207)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 207)

Description

[page 207]

[corresponds to page 141 of Delaware County Will Records Vol. 8 1887-1890]


141

Hugh Carter's Will

deposes and says: That he was present at the execu=

=tion of the paper before him bearing date the 12" day

of December. A.D. 1885, purporting to be the last

Will and Testament of Hugh Carter now de=

=ceased, whose name is signed at the end thereof and

at the request of said deceased, he subscribed his

name to the same as a witness in his presence;

that he saw the said Hugh Carter sign and seal

said Will, and heard him acknowledge the same

to be his last Will and Testament and that the

said Hugh Carter at the time of making, sign=

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

mind and memory, and not under any restraint.


W.L. Crawford.


The State of Ohio }

Seneca County, ss } I, J.C. Royer, duly appoint=

=ed and Commissioned by the

Judge of the Probate Court of the County of Del=

=aware and the State of Ohio, to take the testimony

of William L. Crawford, one of the subscribing wit=

nesses to the last Will and Testament of Hugh

Carter, deceased, late a resident of said County

and State, which Commission, and the said Will

are hereto annexed, do hereby certify that in pursu=

=ance of said Commission, I caused the above

named William L. Crawford, one of the subscribing

witnesses as aforesaid to appear before me, at Tiffin

on the 28th day of January. 1888, that he was first

duly sworn by me, according to law, to speak the

truth, the whole truth, and nothing but the truth; that

I examined him in relation to the execution of said

Will, and reduced his testimony to writing as above

set forth in his presence and that he signed the

same in my presence, and I further certify that I

am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise inter=

=ested in the Probate thereof.

In witness whereof I have

hereunto set my hand, this 28th day of January. A.

D. 1888.

J.C. Royer

Commissioner.

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 208)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 208)

Description

[page 208]

[corresponds to page 142 of Delaware County Will Records Vol. 8 1887-1890]


142

Hugh Carter's Will.

Journal Entry.

Feb'y 3rd 1888.


In the Matter of the Will |

of Hugh Carter, deceased. |

The commission heretofore

issued herein to take the testimony of William L.

Crawford, one of the subscribing witnesses to the Will of

of said Hugh Carter, deceased, was this day return=

=ed, duly executed, and the same was filed herein.

And it appearing to the Court from the examination

of the former witness and from the deposition of the said

William L. Crawford, that the aforesaid instrument

of writing is the last Will and Testament of said

Hugh Carter, deceased, That the same was duly

executed and attested; and that the said Testator, at

the time of making, signing and sealing said Will,

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

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and

that the same. together with the testimony of the wit=

=nesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 209)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 209)

Description

[page 209]

[corresponds to page 143 of Delaware County Will Records Vol. 8 1887-1890]


143

4271 Absalom Spong's Will,

Journal Entry.


Feb. 18" 1888.


In the Matter of the Will of |

Absalom Spong, deceased. |

This day an instrument

of writing, purporting to be the last Will and Testament

of Absalom Spong, late of Liberty Township, in this

County, deceased, was produced in open Court for

Probate; On Consideration Whereof, it is ordered that

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

notice thereof, and of the application to admit the same

to probate and record, be given to Mary Spong widow and

Susan J. Taylor heir and next of kin of the Tes=

=tator, resident of the State of Ohio, that said appli=

=cation will be for hearing before this Court on the

21st day of February. A.D. 1888, at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio } ss. In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Absalom Spong, deceased.

To Mary Spong.

widow and Susan J. Taylor.

You are hereby notified

that on the 18" day of February A.D. 1888, an instru=

=ment of writing, purporting to be the last Will and

Testament of Absalom Spong, late of Liberty Town=

=ship, in said County, deceased, was produced in

open Court, and an application to admit the same

to probate was on the same day made in said

Court. Said application will be for hearing before

this Court on the 21" day of February, A.D. 1888,

at 10 o'clock A.M.

N.F. Overturf

{Seal} Probate Judge


Dated at Delaware Ohio, this 18" day of February

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 210)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 210)

Description

[page 210]

[corresponds to page 144 of Delaware County Will Records Vol. 8 1887-1890]


144

Absalom Spong's Will

Return.


The State of Ohio } ss.

Delaware County } George Seum being duly sworn

says that on the 20" day of

February. A.D. 1888, he served the within notice by

delivering a true copy thereof to the within named

Mary Spong widow and Susan J. Taylor.

George Seum.

Subscribed in my presence and sworn to before me

this 21st day of Feb. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open

Court Sue Brecht and George Seum the sub=

scribing witnesses to the last Will and Testament of

Absalom Spong, late of Liberty Township in said

Delaware County, deceased; who being duly sworn

according to law to speak the truth, the whole

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

execution of said Will, depose and say: That the

paper before them bearing date the 21" day of April.

A.D. 1884. purporting to be the last Will and Tes=

=tament of Absalom Spong 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 Absalom Spong deceased sign and seal

said Will, and heard him acknowledge the same to

be his last last Will and Testament, and that the

said Absalom Spong at the time of making, sign=

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

mind and memory, and not under any restraint.

Mrs. Lue Brecht

George Seum.


Sworn to and subscribed by said witnesses, in open

Court, this 18" day of February. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 211)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 211)

Description

[page 211]

[corresponds to page 145 of Delaware County Will Records Vol. 8 1887-1890]

145

Absalom Spong's Will

Journal Entry

Feb. 21st 1888.


In the Matter of the Will of |

Absalom Spong. deceased. |

Be it remembered, that

heretofore, to-wit: on the 18" day of February. A.D.

1888, an instrument of writing, purporting to be the

last Will and Testament of Absalom Spong late

of Liberty. Township, in this County, deceased, was

produced in open Court for probate, and was then

filed. And, [crossed out: it now being shown to the satisfaction of

[crossed out: the Court, that due notice of the] thereupon came

Sue Brecht and George Seum the subscribing

witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with said

Will, and of the application to admit the same

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

Mary Spong widow and Susan J Taylor heir and

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

Ohio, pursuant to a former order of this Court.

Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testa=

=ment of said Absalom Spong. deceased. That the

same was duly executed and attested, and that the

said Testator, at the time of making, signing and

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

and memory, and not under any restraint. It is

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together

with the testimony of the witnesses above named , as

well as the proceedings had thereon, be entered of rec=

=ord in this Court.

N.F. Overturf

Probate Judge.


Copy of Will.

April the 21st 1884.


In the name of the Benevolent Father of all:

I, Absalom

Spong of Liberty Township Delaware County Ohio,

do make and publish this my last will and testa=

=ment.

I give and devise to my beloved wife in lue of her
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 212)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 212)

Description

[page 212]

[corresponds to page 146 of Delaware County Will Records Vol. 8 1887-1890]


146

Absalom Spong's Will

dower the farm on which we now live containing one

hundred Acres during her natural life and all

stock household goods furniture provisions which

may be therein that has been mine at the time

of my deceased during her natural life as aforesaid

she however selling so much thereof as may be

sufficient to pay my just debts at the death of

my said wife the real estate aforesaid I give

and devise to my daughter Susan Jane Taylor.

and to her children after her death. after paying

for funeral expenses and a Tumeston

I hereby nominate

and appoint George Seum executor of this my last

will and testament

Absalom Spong.

Sue Brecht }

Elizabeth Seum } George Seum. J.P.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 213)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 213)

Description

[page 213]

[corresponds to page 147 of Delaware County Will Records Vol. 8 1887-1890]


147

Benjamin Lea's Will

Journal Entry

February. 24" 1888.


In the Matter of the Will | In the Probate Court of

of Benjamin Lea, deceased| Delaware County. Ohio


This day, an instrument of writing, purporting

to be the last Will and Testament of Benjamin

Lea, late of Oxford Township, in this County, de=

=ceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that

the said Will be filed in this Court. ~

And thereupon came Nancy Lea his widow,

Alexander Lea - Ona L. Whipple - Winnifred I

Whipple and Thirsa Hill, heirs, legatees and next

of kin of the Testator, resident of the State of Ohio

and waived further notice and consented to the probate of said Will:

And thereupon came Wellington Slack

J.T. Livingston the subscribing witnesses to said

Will, who being duly sworn, testified to the due

execution and attestation of said Will. Which

testimony was reduced to writing, by them re=

=spectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instru=

=ment of writing is the last Will and Testament

of said Benjamin Lea, deceased. That the same

was duly executed and attested; and that the said

Testator, at the time of making, signing and seal=

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

memory, and not under any restraint. . It is

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as

well as the proceedings had thereon, be entered of rec=

=ord in this Court.

N.F. Overturf

Probate Judge.


Waiver

We, the undersigned Legatees of the within named

decedent, hereby waive further notice, and consent to

the probate of said Will.

Dated this 24" day of February. A.D. 1888.


Nancy Lea

Alexander Lea Thirsa A. Hill

Ona L. Whipple

Winnifred I. Whipple

Edward Whipple
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 214)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 214)

Description

[page 214]

[corresponds to page 148 of Delaware County Will Records Vol. 8 1887-1890]


148

Benjamin Lea's Will

Probate of Will


The State of Ohio } ss In Probate Court

Delaware County,

Personally appeared in open Court

Wellington Slack and T.J. Livingston the sub=

scribing witnesses to the last Will and Testament of

Benjamin Lea, late of Oxford Township in said Del=

=aware County, deceased; who being duly sworn ac=

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

and nothing but the truth, in relation to the execution

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

them bearing date the 24 day of April. A.D. 1885,

purporting to be the last Will and Testament of

Benjamin Lea 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, re=

=spectively subscribed their names to the same as

witnesses, in his presence; that they saw the said

Benjamin Lea deceased sign and seal said Will,

and heard him acknowledge the same to be his last

Will and Testament, and that the said Benjamin

Lea at the time of making, signing and sealing said

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

not under any restraint.

Wellington Slack

J.T. Livingston

Sworn to and subscribed by said witnesses, in open

Court, this 24" day of February A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Copy of Will.

In the name of the Benevolent Father of all.

I Benjamin Lea of

Oxford Township Delaware County and State of Ohio do make

and publish this my last will and testament.


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

the farm on which we now reside Situated in Oxford

Township Township Delaware County, Ohio containing about

one hundred and eighty (180) acres of land during her natural

life: and all the stock, household goods, furniture provision

and other goods and chattels which may be thereon at

the time of my decease, absolutely and to do as she pleases

with.

Item 2d I give and devise to my son George Lea and his heirs One

Thousand ($1000.00) Dollars to be paid in two years after
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 215)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 215)

Description

[page 215]

[corresponds to page 149 of Delaware County Will Records Vol. 8 1887-1890]


149

Benjamin Lea's Will

my death.

Item 3d I give and devise to my Daughter Thirza Hill and her

heirs Six Hundred ($600.00) Dollars to be paid in two

years after my death.

Item 4th I give and devise to my son Alexander Lea and his heirs

Six Hundred ($600.00) Dollars to be paid in two years after

my death.

Item 5th I give and devise to my Grandson Oney Lester Whip=

=ple Five Hundred ($500.00) Dollars to be paid in three

years after the death of his grandmother Lea.

Item 6th I give and devise to my grand daughter Winifred

Isabelle Whipple Five Hundred ($500.00) Dollars to be paid

in three years after the death of her grand mother Lea and

if either of the said Grand children should die during the

life of their Grand Mother Lea the surviving Grand child to

have both portions.

Item 7th I hereby authorize my said wife Nancy Lea, and my son

Thomas W. Lea to sell if necessary any of the above describ=

=ed Real Estate.

Item 8th I devise and bequeath all the residue of my real estate

after the death of my said wife to my son Thomas W.

Lea and his heirs.

I do hereby nominate and appoint my wife Nancy Lea

Executrix and Thomas W. Lea (my son) Executor of this

my last will and testament hereby authorizing and empower=

=ing them to compromise adjust release and discharge

in such manner as they may deem proper the debts and

claims due me.

I also authorize and empower them if it shall become

necessary in order to pay my debts to sell by private

sale in such manner upon such terms of credit

or otherwise as they may think proper all or any part

of my Real Estate and deeds to purchasers to execute

acknowledge and deliver in fee simple.

I 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 Statutes.

I do hereby revoke all for=

mer wills by me made.

Benjamin Lea


Signed and acknowledged by said Benjamin Lea as his

last will and testament in our presence, and signed by

in his presence.

Wellington Slack

J.T. Livingston

April 24th 1885.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 216)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 216)

Description

[page 216]

[corresponds to page 150 of Delaware County Will Records Vol. 8 1887-1890]


150

Benjamin McMaster's Will

Journal Entry.

February 17" 1888.


In the Matter of the Will } In the Probate Court of

of Benjamin McMaster, decd} Delaware County. Ohio


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

last Will and Testament of Benjamin McMaster, late

of Oxford Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record,

be given to H. P. McMaster- Wm A. McMaster-

Elosia A. Barton - Benj. McMaster - Lyman P.

McMaster & Theodore McMaster and Mary E. Jones

heirs, legatees and next of kin of the Testator, resident

of the State of Ohio, that said application will be

for hearing before this Court on the 25th day of

February. A.D. 1888, at 830 o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County .ss }

In the matter of the last Will

and Testament of Benjamin McMaster, deceased.

To H.P.

McMaster - Wm A. McMaster - Elosia A Barton

Benj. McMaster - Lyman P. McMaster & Theodore

McMaster & Mary E. Jones.

You are hereby notified

that on the 17" day of February. A.D. 1888 an in=

=strument of writing, purporting to be the last Will

and Testament of Benjamin McMaster late of Oxford

Township, in said County, deceased, was produced in

open Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 25th day of February. A.D. 1888, at 830 oclock

A.M.

N.F. Overturf

{Seal} Probate Judge


Dated at Delaware Ohio, this 17th day of February

A.D. 1888.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 217)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 217)

Description

[page 217]

[corresponds to page 151 of Delaware County Will Records Vol. 8 1887-1890]


151

Benjamin McMaster's Will

Return.

The State of Ohio }

Delaware County,ss } George W. Rosevelt being duly

sworn, says that on the 23d

day of February A.D. 1888, he served the within

notice by delivering a true copy thereof to the with=

=in named Benjamin McMaster - H.P. McMaster -

Wm. A. McMaster - George W. McMaster - Hiram B.

McMaster - Elosia Barton = Lyman McMaster -

Theodore McMaster and Mary E. Jones.


Geo. W. Rosevelt


Subscribed in my presence and sworn to before me,

this 25" day of Feb. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County. }

Personally appeared in open Court

O. Sharp and Chas. A. Olds, the subscribing witnesses

to the last Will and Testament of Benjamin McMaster

late of Oxford Township in said Delaware County, de=

=ceased; who being duly sworn according to law, to

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

truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the

28 day of April. A.D. 1887, purporting to be the last

Will and Testament of Benjamin McMaster now de=

=ceased, 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 Benjamin McMaster de=

=ceased sign and seal said Will, and heard him ac=

=knowledge the same to be his last Will and Testa=

ment, and that the said Benjamin McMaster at

the time of making, signing and sealing said Will,

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

under any restraint.

O. Sharp

Chas. A. Olds

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

this 25" day of February. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 218)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 218)

Description

[page 218]

[corresponds to page 152 of Delaware County Will Records Vol. 8 1887-1890]


152

Benjamin McMaster's Will

Journal Entry.

Feb. 25th 1888.


In the Matter of the Will |

of Benjamin McMaster, decd|

Be it remembered, that

heretofore, to-wit: on the 17" day of February. A.D. 1888,

an instrument of writing purporting to be the last

Will and Testament of Benjamin McMaster, 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 H.P. Mc

Master - Wm A. McMaster - Elosia A. Barton - Benj

McMaster - Lyman P. McMaster & Theodore Mc

Master and Mary E. Jones - heirs, legatees and

next of kin of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court;

therefore, on this day came O. Sharp and Chas. A.

Olds, the subscribing witnesses to said Will, who

being duly sworn, testified to the due execution and

attestation of said Will. Which testimony was re=

=duced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the

last Will and Testament of said Benjamin

McMaster, deceased. That the same was duly

executed and attested; and that the said Testator,

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

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

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimon=

=y of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge.


Copy of Will.


In the name of the Benevolent Father of all, I, Ben:

=jamin McMaster, do make and publish this my last

Will and testament.


Item 1st It is my desire that all my just debts be paid.


Item 2d I give and bequeath to the children of my deceased

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 219)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 219)

Description

[page 219]

[corresponds to page 153 of Delaware County Will Records Vol. 8 1887-1890]


153

Benjamin McMaster's Will

son Robert G. McMaster the sum of Ten Dollars to be

equally divided between them.


Item 3d I give and bequeath to my sons Horace P. McMaster

and William A. McMaster the sum of Ten Dollars to

each of them.

Item 4th I give and bequeath to my son George W. McMaster and

my daughter Elosia A. Barton wife of Isaac

Barton - and my son Hiram B. McMaster the resi=

=due of all of my estate - to be equally divided between

them share and share alike.

Item 5th I do hereby nominate and appoint George W. Rosevelt

Executor of this my last will and testament, hereby

authorizing and empowering him to compromise, ad=

=just, release and discharge in such manner as he

may deem proper the debts and claims due me.

I also authorize and empower him to sell at private

sale, or in such manner, upon such terms of credit,

or otherwise as he may deem proper to sell all my

real estate, consisting of about Ninety One Acres

of land in Oxford Township. Delaware County. Ohio. about

one and one half miles south of Ashley Ohio and to ex-

ecute acknowledge and deliver in fee simple, deeds to

purchasers, therefor. And the title of said real es=

=tate is hereby by me vested in my said executor

for that purpose: And I further empower my said

executor to collect all debts due me and to sell and

dispose of all my personal estate= and to pay the be=

=quests mentioned in this my last will and testa=

=ment, so soon after my decease as the same can

be properly done.

Item 6th I do hereby revoke all former wills by me made

In testimony hereof, I have hereunto set my

hand and seal this 28" day of April. in the year

One thousand Eight Hundred and Eighty Seven.


Benjamin McMaster {Seal}

Signed and acknowledged by said Benjamin McMaster

as his last will and testament, in our presence and

signed by us in his presence.

O. Sharp

Chas. A. Olds.


Will set aside in Com. Pleas Court. See Journal 12. Page 236.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 220)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 220)

Description

[page 220]

[corresponds to page 154 of Delaware County Will Records Vol. 8 1887-1890]


154

Milton Bartholomew's Will

Journal Entry.

February 15" 1888.


In the Matter of the Will of } In the Probate Court of

Milton Bartholomew's deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Milton Bartholomew

late of Oxford Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record, be

given to Sally Ann Wornstaff - Malvina Bishop -

Emily Shisler - Milton Bartholomew - Nancy Mark-

Sperry Bartholomew - Annis Smith - Sarah Myers

Baxter Bartholomew and Arthur Bartholomew, legatees,

heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for

hearing before this Court on the 25th day of Febru=

=ary A.D. 1888, at 1 o'clock P.M.

N.F. Overturf

Probate Judge

Notice to Heirs.

The State of Ohio } ss. In Probate Court.

Delaware County }

In the Matter of the last Will

and Testament of Milton Bartholomew, deceased.

To Sally Ann

Wornstaff - Malvina Bishop - Emily Shisler - Mil=

=ton Bartholomew Nancy Mark - Sperry Bartholomew -

Annis Smith Sarah Myers - Baster Bartholomew &

Arthur Bartholomew

You are hereby notified that on the 10" day

of February. A.D. 1888, an instrument of writing, pur=

=porting to be the last Will and Testament of Milton

Bartholomew late of Oxford Township, in said County,

deceased, was produced in open Court, and an application

to admit the same to probate was on the same day

made in said Court. Said application will be for

hearing before this Court on the 25th day of February.

A.D. 1888, at 1 o'clock. P.M.

N.F. Overturf

{Seal} Probate Judge

Dated at Delaware Ohio, this 15th day of February

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 221)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 221)

Description

[page 221]

[corresponds to page 155 of Delaware County Will Records Vol. 8 1887-1890]


155

Milton Bartholomew's Will

Return.

The State of Ohio }

Delaware County. ss. } Reuben Batholomew, being

duly sworn, says that on the

16th 18th & 20th days of February A.D. 1888, he served

the within notice by delivering a true copy thereof to the

within named Sally Ann Wornstaff - Malvina

Bishop - Emily Shisler - Milton Bartholomew

Nancy Mark - Sperry Bartholomew - Annis Smith

Sarah Myers- Baxter Bartholomew & Arthur

Bartholomew.

Reuben Bartholomew

Subscribed in my presence and sworn to before me this

25th day of Feb. 1888.

N.F. Overturf

{seal} Probate Judge


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County.ss.}

Personally appeared in open Court

Isaac Barton and J. T. Livingston the subscribing

witnesses to the last Will and Testament of Milton

Bartholomew late of Oxford Township in said Dela=

=ware 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 22d day of November A.D. 1877. purporting to be the

last Will and Testament of Milton Bartholomew now

deceased, is the will of said deceased Milton Barthol-

=omew; 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 Milton Bartholomew

deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament,

and that the said Milton Bartholomew at the time of

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

of sound mind and memory, and not under any restraint

Isaac Barton

J. T. Livingston

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

this 25th day of February. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 222)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 222)

Description

[page 222]

[corresponds to page 156 of Delaware County Will Records Vol. 8 1887-1890]

156

Milton Bartholomew's Estate

Journal Entry.

February 25" 1888.


In the Matter of the Will of |

Milton Bartholomew, deceased. |

Be it remembered, that hereto=

=fore, to-wit: on the 15th day of February. A.D. 1888, an in=

=strument of writing, purporting to be the last Will and

Testament of Milton Bartholomew, late of Oxford Town=

=ship, in this County, deceased, was produced in open

Court for probate, and was then filed. And it now be=

=ing shown to the satisfaction of the Court, that due no=

=tice of the filing of said Will, and of the application

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

has been given to Sally Ann Wornstaff. Malvina Bish=

=op - Emily Shisler - Milton Bartholomew - Nancy Mark-

Sperry Bartholomew - Annis Smith - Sarah Myers -

Baxter Bartholomew and Arthur Bartholomew, heirs,

legatees and next of kin of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court;

therefore, on this day came Isaac Barton and J.T.

Livingston the subscribing witnesses to said Will, who

being duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced to

writing, by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the

aforesaid instrument of writing is the last Will and

Testament of said Milton Bartholomew, deceased.

That the same was duly executed and attested; and that

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

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

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

by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testimony

of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Waiver.


I, the undersigned heir of the within named dece=

=dent, hereby waive further notice, and consent to the

probate of said Will.

Reuben Bartolomew

Dated this 15th day of February. A.D.1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 223)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 223)

Description

[page 223]

[corresponds to page 157 of Delaware County Will Records

Vol. 8 1887-1890]

157

Milton Bartholomew's Will

Copy of Will.


In the name of the Benevolent father of All: I

Milton Bartholomew of Ashley Ohio, do make and

publish this my last Will and Testament.


Item 1st I Bequeath to the heirs of Chester and Sarah Bar=

=tholomew the sum of Twenty five Dollars each.

Item 2d I Bequeath to the heirs of Franklin and Louisa Bar=

=tholomew the sum of Ten Dollars each.

Item 3d I Bequeath to my Daughter Sally Ann Wornstaff

the sum of Two Hundred Dollars.

Item 4th I Bequeath to my Daughter Malvina Bishop the sum

of Two Hundred Dollars.

Item 5th I Bequeath to my Daughter Emily Shisler the

sum of Two Hundred Dollars.

Item 6th I devise and Bequeath to my son Reubin Bartholo=

=mew the House and two Lots Numbers 100 and 101 in

Ashley Ohio and all the Household Goods and furniture

belonging to my estate.

Item 7th I also Bequeath to my son Reubin Bartholomew

all of the personal property belonging to my estate after

my debts are paid if he should survive me.

Item 8th I do hereby nominate and appoint my son Reubin

Bar=

tholomew Executor of this my last will and Testament

hereby authorizing and empowering him to compromise

adjust, release and discharge in such manner as he

may deem proper the debts and claims due me

I desire that no ap=

=praisement and no sale of my personal property be made

and that the court of Probate direct the mission of the

same in pursuance of the Statute.

I do hereby revoke all

former Wills made by me.

In testimony hereof I have hereun=

=to set my hand and seal this 22nd day of November.

A.D 1877

Milton Bartholomew


Signed and acknowledged by said Milton Bartholomew

as his last Will & testament in our presence and signed

by us in his presence.

Isaac Barton

J. T Livingston
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 224)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 224)

Description

[page 224]

[corresponds to page 158 of Delaware County Will Records

Vol. 8 1887-1890]


158

John Behren's Will.

Journal Entry.

February. 28' 1888.


In the Matter of the Will of | In the Probate Court

John Behrens, Deceased. | Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of John Behrens,

late of Thompson Township, in this County, de=

=ceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the

said Will be filed in this Court. And thereupon

came W.F Court and J.W. Statler the subscribing

witnesses to said Will (Henry Behrens the

only heir legatee and next of kin resident of the State of

Ohio having waived notice and consented to the probate

of said Will) who being duly sworn, testified to the

due execution and attestation of said Will. Which

testimony was reduced to writing, by them respective=

=ly 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 Behren, deceased. That the same was du=

=ly executed and attested; and that the said Testa=

=tor, at the time of making, signing and sealing said

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

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testi=

mony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.


Waiver

I, the undersigned Next of kin of the within

named decedent, hereby waive further notice, and

consent to the probate of said Will.

Dated this 28 day of February, A.D. 1888

Henry Behrens.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 225)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 225)

Description

[page 225]

[corresponds to page 159 of Delaware County Will Records Vol.

8 1887-1890]



159

John Behren's Will

Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County. Personally appeared in open

Court W.F. Court and J.W. Statler the subscrib=

=ing witnesses to the last Will and Testament of

John Behrens late of Thompson Township in said

Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the

whole truth and nothing but the truth, in relation

to the execution of said Will, depose and say:

That the paper before them bearing date the 7th

day of February. A.D. 1888, purporting to be the last

Will and Testament of John Behrens 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 Ohio presence; that

they saw the said John Behrens deceased, sign

and seal said Will, and heard him acknowledge,

the same to be his last Will and Testament, and

that the said John Behrens at the time of

making, signing and sealing said Will, was of

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

any restraint.

W.F. Court

J.W. Statler


Sworn to and subscribed by said witnesses, in

open Court, this 28th day of February. A.D.1888.

N.F. Overturf

{Seal} Probate Judge


Copy of Will.

In the name of the Benevolent Father of all

I John

Behrens of Thompson Township Delaware County

Ohio do make and publish this my last will

and testament.

It is my wish and desire that all of my lawful

or honest debts be paid. first.


I give and devise to my Brother Henry Behrens

the Farm on which I now reside situated

in Thompson Township Delaware County Ohio

consisting of Ninety Five Acres more or less
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 226)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 226)

Description

[page 226]

[corresponds to page 160 of Delaware County Will Records Vol.

8 1887-1890]


160

John Behren's Will.

Bounded on North by lands owned by Levi Knachel

and J.H. Howisin on west by J.H. Howison

on south by G.W. Drum on East by State Road

and all stock household goods furniture provisions

and other goods and chattels which may be there=

=on at the time of my deceased {he however selling

so much thereof as may be sufficient to pay my

just debts } to be his and his heirs forever.


I do hereby revoke all former wills by me made.


In testimony hereof I have hereunto set my

hand and seal this 7th day of February in the

year 1888

Jehrens Behrens {Seal}

Signed and acknowledged by said John Behrens

as his last will and testament in our presence

and signed by us in his presence.

W.F. Court

J.W. Statler.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 227)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 227)

Description

[page 227]

[corresponds to page 161 of Delaware County Will Records Vol. 8 1887-1890]




161

John Kimble's Will

Journal Entry.

February. 21st 1888.


In the Matter of the Will } In the Probate Court of

of John Kimble, decd } Delaware County. Ohio.


This day, and instrument of writing, purporting to

be the last Will and Testament of John Kimble

late of Trenton Township, in this County, de=

ceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that

the said Will be filed in this Court, and that

due notice thereof, and of the application to admit

the same to probate and record, be given to Rachel

Kimble widow and Lydia Kimble - Evelena

Mann and Retha Mann, heirs, legatees and next

of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing

before this Court on the 1st day of March. A.D.

1888, at 11 o'clock. A.M.

N.F. Overturf

Probate Judge


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of John Kimball, deceased.

To Rachel

Kimball - Lydia Kimball - Evelena Mann and

Retha Mann.

You are hereby notified that on the 21"

day of February. A.D. 1888, and instrument of writing

purporting to be the last Will and Testament of John

Kimball, late of Trenton Township, in said County.

deceased, was produced in open Court, and an appli=

=cation to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 1st

day of March. A.D. 1888. at 11 o'clock. A.M.

N.F. Overturf

{Seal} Probate Judge


Dated at Delaware Ohio, this 21" day of February.

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 228)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 228)

Description

[page 228]

[corresponds to page 162 of Delaware County Will Records Vol.

8 1887-1890]


162

John Kimble's Will

Return.

The State of Ohio } ss

Delaware County. } George W. Perfect being duly

sworn, says that on the

22 & 23 day of February. A.D. 1888, he served the

within notice by delivering a true copy thereof to

the within named Rachel Kimble - Lydia Kim=

=ble - Evelena Mann and Retha Mann

G.W. Perfect.

Subscribed in my presence and sworn to before me

this 1st day of March. 1888.

N.F.Overturf

{Seal} Probate Judge

Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County

Personally appeared in open

Court J.A. Ports & Catherine Overturf the

subscribing witnesses to the last Will and Testa=

=ment of John Kimble, late of Trenton Town=

=whip 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 bearing date

the 19 day of January. A.D. 1888, purporting to

be the last Will and Testament of John Kim=

=ble now deceased, is the Will of said deceased John

Kimble, that they were present at the execution

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

respectively subscribed their names to the same

as witnesses, in his presence; that they saw the

said John Kimble deceased sign and seal said

Will, and heard his acknowledge the same to be

his last Will and Testament, and that the said

John Kimble 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.A. Ports

Cathern Overturf.


Sworn to and subscribed by said witnesses, in open

Court, this 1" day of March. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 229)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 229)

Description

[page 229]


[corresponds to page 163 of Delaware County Will Records Vol.

8 1887-1890]

163

John Kimble's Will

Journal Entry .

March 1st 1888.


In the Matter of the Will }

of John Kimble, deceased.} Be it remembered, that

heretofore, to-wit: on the

21st day of February. A.D. 1888, an instrument of

writing, purporting to be the last Will and Testa=

=ment of John Kimble, late of Trenton Town=

=ship 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 Rachel Kimble, widow, Lydia Kimble-

Evelena Mann and Bertha Mann, heirs, leg=

=atees and next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of

this Court; therefore on this day came J.A.

Ports and Catherine Overturf, the subscribing

witnesses to said Will, who being duly sworn

testified to the due execution and attestation of

said Will. Which testimony was reduced to

writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said John Kimble, deceased.

That the same was duly executed and attested; and

that the said Testator, at the time of making

signing and sealing said Will, was of full

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

restraint. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and

that the same, together with the testimony of the

witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will.


In the name of the benevolent Father of all,

I John Kimble of Delaware County, State

of Ohio, do make and publish this my last will

and testament.

Item 1st I will that all my just debts be paid.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 230)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 230)

Description

[page 230]

[corresponds to page 164 of Delaware County Will Records Vol.

8 1887-1890]


164

John Kimble's Estate.


Item 2 I give and devise to my beloved wife Rachel

Kimble all the Personal property of which I

may die possessed to have and use and dispose of

as seemeth to her best.

Item 3 I also give and devise to my said beloved wife

Rachel Kimble one half of all the real property

of which I may die possessed said real property

to be sold by the Executor and he is hereby re=

=quired to deliver to my said wife Rachel Kim=

ble one half of the proceeds of said sale, which

said Half shall be hers absolutely to use and

dispose of as seemeth to her best.


Item 4 I devise and give to Evelena Mann and Retha Mann

Daughters of Nancy E. Mann, deceased, the same

Evelena and Retha Man being my Grand-daughters)

each one eighth (1/8) of the proceeds of the sale of

said Real Estate.

Item 5 I devise and give to Lydia Kimbl my daughter

one fourth (1/4) of the proceeds of said sale of my

said real estate,

Said division of Estate to be

made after all my debts are paid.

I do hereby nominate and

appoint George W. Perfect Executor of this my

last will and testament hereby authorizing and em=

=powering him to compromise, adjust release and dis=

=charge in such manner as he may deem proper

the debts and claims due me.

I do also authorize and empower him if it shall be=

=come necessary in order to pay my debts to sell

by private sale or in such manner upon such terms

of credit or otherwise as he may think proper all

or any part of my real Estate and deeds to purchasers

to Execute, acknowledge and deliver in fee simple.


In testimony hereof. I have hereunto set my hand

and seal this nineteenth (19) day of January. in the

year. 1888. his

Witness to Mark | J.A. Ports John X Kimble. {Seal}

| C. Overturf

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 231)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 231)

Description

[page 231]

[corresponds to page 165 of Delaware County Will Records Vol.

8 1887-1890]



165

Lewis R. Jones' Will.

Journal Entry.

March 9th 1888.


In the Matter of the Will of } In the Probate Court

Lewis R. Jones, deceased. } Delaware County. Ohio.


This day, an instrument of writing, purporting to

be the last Will and Testament of Lewis R. Jones,

late of Concord Township, in this County, deceased,

was produced in open Court for Probate; On con=

=sideration whereof, it is ordered that the said Will

be filed in this Court. ~~ And thereupon came

Mary A. Seigfried - Lewis P. Jones - Amy A.

Fulton and Price J. Fulton, heirs, legatees and

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

Ohio, and waived further notice and consented to

the probate of said Will. ~~ Thereupon came

J.E. Hughs and Jeremiah Seigfried, the subscrib=

=ing witnesses to said Will, who being duly sworn

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with

said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and

Testament of said Lewis R. Jones, deceased.

That the same was duly executed and attested,

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

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

sound mind and memory, and not under any restraint.

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

Will be admitted to probate and that the same

together with the testimony of the witnesses above named

as well as the proceedings had thereon be entered of

record in this Court.

N.F. Overturf

Probate Judge.


Waiver.


We, the undersigned heirs & legatees of the within

named decedent, hereby waive further notice, and

consent to the probate of said Will.


Dated this 9" day of March. A.D. 1888.

Mary A. Seigfried

Lewis P. Jones

Amy A. Fulton

Price J. Fulton by Mary A. Seigfried

with whom he resides
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 232)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 232)

Description

[page 232]

[corresponds to page 166 of Delaware County Will Records Vol.

8 1887-1890]


166

Lewis R. Jones' Estate,

Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County.

Personally appeared in open

Court J.E. Hughs and Jeremiah Seigfried the

subscribing witnesses to the last Will and Testament

of Lewis R. 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 19" day of August

A.D. 1884, purporting to be the last Will and Testa=

=ment of Lewis R. Jones 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 Lewis R. Jones deceased, sign and seal said

Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said

Lewis R. 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.

J.E. Hughs

Jeremiah Seigfried


Sworn to and subscribed by said witnesses, in

open Court, this 9" day of March. A.D.1888.

N.F. Overturf

{Seal} Probate Judge.


Copy of Will.

In the name of God Amen. I Lewis R. Jones

of the County of Delaware and State of Ohio

being of sound and disposing mind and mem=

=ory, and considering the uncertainty of this mor=

=tal, life, and the certainty of death, but the un=

=certainty of the time thereof, and being desirous of

disposing of my worldly effects while I remain,

do make and publish this my last will and testa=

=ment as follows, to-wit:


1st It is my will that all my just and honest

debts and funeral expenses be paid and that I

be buried by the side of my wife Anna H.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 233)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 233)

Description

[page 233]

[corresponds to page 167 of Delaware County Will Records Vol.

8 1887-1890]

167

Lewis R. Jones' Will.

Jones, in Moultrie County, Illinois, and that

a gravestone be placed at my grave, similar

to the one placed at the grave of my aforesaid

wife.

2d I do give and bequeath to my sister Mary A

Sigfried all my interest in my bees, and it

is further my will that my said sister with

(whom I reside) be well and amply paid for

any care and trouble I may be to her while

I live., and further It is my will that all

my property monies and effects which may

remain be equally divided between my lawful

heirs Joseph M. Jones, Sarah A. Fulton,

William G. Jones - Lewis P. Jones - Eliza L.

Smith - Amy Fleming, and Mary J. Green,

The aforementioned Joseph M. Jones being dead,

it is my will and desire that Judson Jones,

and Mandy Jones, children of the aforesaid Jos-

=eph M. Jones, receive his share of the property,

to be equally divided between them. The afore=

=mentioned Sarah Fulton also being dead, it

is my will, and desire, that William Fulton,

Jesse Fulton, Amy Fulton and Price J. Ful=

=ton, children of the aforesaid Sarah Fulton

receive her share of said property, to be equally

divided between them,

I do hereby nominate and

appoint my son Lewis P. Jones, executor of this

my last will and testament, to execute, and carry

into effect the same, hereby authorizing, and em=

=powering him to do the same, and I do hereby

revoke all former wills by me made.

In testimony

whereof I have hereunto set my hand and seal,

this the 19th day of August. A.D. 1884.

Lewis R. Jones. {Seal}


Signed and acknowledged by said Lewis R. Jones

to be his last will and testament in our pres=

=ence and signed by us in his presence.


Witnesses

J.E. Hughs

Jeremiah Seigfried
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 234)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 234)

Description

[page 234]

[corresponds to page 168 of Delaware County Will Records Vol.

8 1887-1890]


168

George Moore's Will

Journal Entry.

March 9" 1888.

In the Matter of the Will of } In the Probate Court of

George Moore, deceased. } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of George Moore,

late of Brown Township, in this County, deceased,

was produced in open Court for Probate; On Consid:

=eration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof,

and of the application to admit the same to probate

and record, be given to Morice E. McMaster - Nellie

McMaster - George Perry - Gerturde Bell and Cla=

=ence Bell, heirs, legatees and next of kin of the

Testator resident of the State of Ohio, that said

application will be for hearing before this Court

on the 13" day of March. A.D. 1888. at 10 o'clock

A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio . } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of George Moore, deceased.

To Morice [Morris] E.

McMaster . Nellie McMaster - George Perry - Ger=

=trude Bell and Clarence Bell.

You are hereby

notified that on the 9th day of March. A.D. 1888., an

instrument of writing, purporting to be the last Will

and Testament of George Moore, late of Brown Town=

=ship, in said County, deceased, was produced in open

Court, and an explanation to admit the same to

probate was on the same day made in said

Court. Said application will be for hearing before

this Court on the 13" day of March. A.D 1888.

at 10 o'clock : A M.

N.F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 9th day of March.

A.D. 1888.


{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 235)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 235)

Description

[page 235]

[corresponds to page 169 of Delaware County Will Records Vol.

8 1887-1890]


169

George Moore's Will

Return.

The State of Ohio }

Delaware County.ss } Martha A. Moore being

duly sworn, says that on

the 9" & 10" days of March. A.D. 1888, she served

the within notice by delivering a true copy thereof

to the within named Marice E. McMaster - Nellie

McMaster - George Perry. Gertrudge Bell and Cla=

=rence Bell.

Martha A. Moore.


Subscribed in my presence and sworn to before me

this 13" day of March 1888.

N.F. Overturf

{Seal} Probate Judge


Waiver

I, the undersigned widow of the within named de=

=cedent, hereby waive further notice, and consent to

the probate of said Will.


Dated this 13" day of March. A.D.1888.

Martha A. Moore.


Probate of Will

The State of Ohio } In Probate Court.

Delaware County }

Personally appeared in open

Court W. Perfect & Dr. F.A. Stickney the subscrib=

=ing witnesses to the last Will and Testament of George

Moore late of Brown Township in said Delaware

County, deceased; who being duly sworn according

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

but the truth, in relation to the execution of said Will

depose and say: That the paper before them bearing

date the 7" day of May. A.D. 1887. purporting to be the

last Will and Testament of George Moore now de=

=ceased, is the Will of said deceased George Moore.

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 George Moore

deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testa=

=ment, and that the said George Moore, at the time

of making, signing and sealing said Will, was of



Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 236)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 236)

Description

[page 236]

[corresponds to page 170 of Delaware County Will Records Vol.

8 1887-1890]


170

George Moore's Will

full age, of sound mind and memory, and not un=

=der any restraint.

W. Perfect

Dr. F.A. Stickney.


Sworn to and subscribed by said witnesses, in open

Court, this 13" day of March. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

March 13" 1888.

In the Matter of the Will of }

George Moore, deceased. }

Be it remembered, that

heretofore, to-wit: on the 9" day of March, A.D. 1888,

an instrument of writing purporting to be the last

Will and Testament of George Moore, late of Brown

Township, in this County, deceased, was produced

in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

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

and of the application to admit the same to probate

and record in this Court has been given to Morice E.

McMaster - Nellie McMaster - George Perry - Gertrude

Belle and Clarence Bell, heirs, legatees and next of

kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court; therefore,

on this day came W Perfect and Dr. F. A Stickney

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and at=

=testation of said Will. Which testimony was re=

=duced to writing by them respectively subscribed and

filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the

last Will and Testament of said George Moore,

deceased. That the same was duly executed and

attested; and that the said Testator, at the time

of making, signing and sealing said Will, was of

full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to pro=

=bate, and that the same, together with the testimony

of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 237)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 237)

Description

[page 237]

[corresponds to page 171 of Delaware County Will Records Vol.

8 1887-1890]



171

George Moore's Will

Copy of Will

In the name of the Benevolent Father of

all!


Item first. I give and devise to my beloved wife, M.A. Moore

all of my real and personal property, as long as

she remains my widow, excepting a sufficient

amount of said property which may be necessary

to pay my just debts.


Item second: At the re-marriage of my wife, or at her

death, I give and devise to my grand-children,

then living, all the remainder of my Real and

Personal property, to be divided equally among

them.


Item Third: I do hereby nominate and appoint M.A. Moore

my beloved wife executrix of this my last will

and testament, without bonds.

In testimony whereof

I have hereunto set my hand and seal this 7"

day of May. A.D. 1887.

[Seal] George Moore.


Signed and acknowledged by said George Moore, as

his last will and testament, in our presence, and

signed by us in his presence.

W. Perfect. [Seal]

Dr. F.A. Stickney. [Seal]

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 238)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 238)
Big Walnut High School Yearbook. 1981: Eagle (p. 95)

Description

[page 238]

[corresponds to page 172 of Delaware County Will Records Vol.

8 1887-1890]


172

S. W. Newhouse's Will

Journal Entry.

March. 8" 1888.

In the Matter of the Will } In the Probate Court of

of S.W. Newhouse, deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to

be the last Will and Testament of S.W. New=

=house, late of Scioto Township, in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the

said Will be filed in this Court, and that due

notice thereof, and of the application to admit the

same to probate and record, be given to William E.

Newhouse; Mary Bishop. - Martha L. Newhouse -

Frank Newhouse - [Byron Stultz - crossed out] - John New=

house and Walter Newhouse, heirs, legatees and

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

Ohio, that said application will be for hearing be=

=fore this Court, on the 13" day of March. A.D.

1888, at 2 o'clock P.M.

N.F. Overturf

Probate Judge


Waiver.

We, the undersigned Legatees of the within named

decedent, hereby waive further notice, and consent

to the probate of said Will.


Dated this 8" day of March. A.D. 1888.

B. F. Stults.



The State of Ohio } In Probate Court.

Delaware County, ss }

In the matter of the last Will

and Testament of S.W. Newhouse, deceased.

To William E.

Newhouse - Mary Bishop - Martha L. Newhouse - Frank

Newhouse - Byron Stultz - John Newhouse and

Walter Newhouse.

You are hereby notified that on the 8"

day of March. A.D. 1888. an instrument of writing

purporting to be the last Will and Testament of

S.W. Newhouse, late of Scioto Township, in said

County, deceased, was produced in open Court. and

an application to admit the same to probate was on

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 239)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 239)
Big Walnut High School Yearbook. 1981: Eagle (p. 96)

Description

[page 239]

[corresponds to page 173 of Delaware County Will Records Vol.

8 1887-1890]


173

S. W. Newhouse' Will

the same day made in said Court. Said appli-

=cation will be for hearing before this Court on the

13" day of March.. A.D. 1888, at 2 o'clock. P.M.

N. F. Overturf

Probate Judge

Dated at Delaware Ohio, this 8" day of March.

A.D. 1888.

Return.

The State of Ohio }

Delaware County. ss } Hannah O. Newhouse being

duly sworn, says that on

the 10" day of March. A.D. 1888, she served the with=

=in notice by delivering a true copy thereof to the

within named William E. Newhouse - Mary Bishop-

Martha L. Newhouse - Frank Newhouse - John

L. Newhouse and Walter Newhouse.

Hannah O. Newhouse.

Subscribed in my presence and sworn to before me

this 13" day of March. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County, ss. }

Personally appeared in open

Court Henry Highbargin and Emily Highbargin

the subscribing witnesses to the last Will and Testa=

=ment of S.W. Newhouse, late of Scioto Township in

said Delaware County, deceased; who being duly

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

truth, and nothing but the truth, in relation to the ex=

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

before them bearing date the 9" day of March. A.D.

1887. purporting to be the last Will and Testament

of S.W. Newhouse now deceased, is the Will of said

deceased S.W. Newhouse, 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 S.W. Newhouse deceased sign and seal said

Will, and heard him acknowledge the same to be his

last Will and Testament, and that the said S.W. New-

=house at the time of making, signing and sealing

said Will, was of full age, of sound mind and mem-

=ory, and not under any restraint

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 240)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 240)
Big Walnut High School Yearbook. 1981: Eagle (p. 97)

Description

[page 240]

[corresponds to page 174 of Delaware County Will Records Vol.

8 1887-1890]


174

S.W. Newhouse Will

Henry Highbargin

Emily Highbargin

Sworn to and subscribed by said Witnesses, in open

Court, this 13" day of March. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

March. 13" 1888.


In the Matter of the Will of }

S.W. Newhouse, deceased. } Be it remembered, that

heretofore, to-wit: on the

8" day of March. A.D. 1888, an instrument of writing,

purporting to be the last Will and Testament of

S.W. Newhouse, 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 William E. Newhouse - Mary Bishop -

Martha L Newhouse - Frank Newhouse - John

L. Newhouse and Walter Newhouse, heirs, legatees

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

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

therefore, on this day came Henry Highbargin and

Emily Highbargin the subscribing witnesses to

said Will, who being duly sworn, testified to the

due execution and attestation of said Will. Which

testimony was reduced to writing, by them respect=

ively subscribed, and filed with said Will, where=

upon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said

S.W. Newhouse, deceased. That the same was duly

executed and attested; and that the said Testator,

at the time of making, signing and sealing said Will

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

under any restraint. It is therefore, by the Court

ordered, that the said Will be admitted to probate

and that the same, together with the testimony of

the witnesses above named, as well as the proceed=

=ings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 241)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 241)
Big Walnut High School Yearbook. 1981: Eagle (p. 98)

Description

[page 241]

[corresponds to page 175 of Delaware County Will Records Vol.

8 1887-1890]

175

S.W. Newhouse' Will.

Last Will and Testament.


In the Name of the Benevolent Father of All,

Amen: I, S W Newhouse, of the Township of

Scioto, County of Delaware, and State of Ohio, being about

Fifty-five years of age, and being of sound and dis-

=posing mind and memory, Do Make, Publish and De=

=clare this my Last Will and Testament, hereby re=

=voking 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 expen=

=ses shall be paid out of my Estate, as soon after

my decease as shall be found convenient.


Second: I Give, Davis and Bequeath to my wife, Hannah O.

Newhouse, all my real and personal property I may be pos=

=sessed of at my death, after just debts and necessary ex=

=penses are paid, to have and to hold for her necessary sup=

=port so long as she shall remain my widow: provided she

shall not let the real estate unnecessarially deteriorate,

nor grant exclusive financial aid to any one of the heirs

hereinafter named.

Third: I give, devise and bequeath to William E. Newhouse, Mary

Bishop. Martha L. Newhouse - Frank Newhouse - Byron F.

Stultz, John L. Newhouse and Walter Newhouse equal shares

of what shall remain of my real and personal property at the

death of my said wife Hannah O. Newhouse, after all nec

essary expenses are paid.

Fourth: I desire my real estate if possible, shall remain undivid

till after the death of my wife Hannah O, as a greater

financial advantage to the above named heirs.

I hereby revoke all

former wills by me made.

In Testimony Whereof, I have set my

hand to this, my Last Will and Testament at Richwood,

this Ninth day of March, in the year of our Lord, One

Thousand Eight Hundred and Eighty Seven.

S.W. Newhouse {Seal}

The foregoing Instrument was signed by the said S.W.

Newhouse 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 Rich-

=wood this Ninth day of March A.D. 1887.


Henry Highbargin, resides at Richwood, O.

Emily Highbargin, resides at Richwood. O.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 242)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 242)

Description

[page 242]

[corresponds to page 242 of Delaware County Will Records Vol.

8 1887-1890]


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 243)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 243)
Big Walnut High School Yearbook. 1981: Eagle (p. 100)

Description

[page 243]


[corresponds to page 177 of Delaware County Will Records Vol.

8 1887-1890]




177

John D. William's Will

Said application will be for hearing before this Court

on the 19" day of April A.D. 1888, at 10 o'clock .A.

M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 29" day of March.

A.D.1888.

Return.


The State of Ohio }

Delaware County, ss. } H.M. Moore being duly sworn,

says that on the 1" day of April.

A.D. 1888 he served the within notice by delivering a

true copy thereof to the within named Mary E

Smales - Lucy A. Moore - William O. Williams

Edward C. Williams . Daisy M. Williams.

H.M. Moore

Subscribed in my presence and sworn to before me this

19" day of April. 1888.

N.F. Overturf

{Seal} Probate Judge


Commission

To Take Testimony of Witness to Will.


The State of Ohio } ss.

Delaware County. }

To Charles G. Saffin, 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 Gilbert H. Stewart and David R. Wil=

=liams, subscribing witnesses to the last Will and Tes=

=tament of John D. Williams 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 Gilbert H. Stewart

and David R. WIlliams 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 John D. Williams and that you reduce such

examination

to writing, and return the same. together with this Commission

and the Will of the said John Williams thereto annexed, closed

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

all convenient speed.

In testimony Whereof, I, N.F. Overturf. Judge

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

the Seal of said Court, this 6th day of April.A.D.1888.

{Seal} N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 244)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 244)
Big Walnut High School Yearbook. 1981: Eagle (p. 101)

Description

[page 244]

[corresponds to page 178 of Delaware County Will Records Vol.

8 1887-1890]

178

John D. Williams' Will

Copy of Will.


In the Name of the Benevolent Father of All I

John D. Williams of Radnor Township. Delaware

County, State of Ohio, of full age and of a sound

and disposing mind and memory do make and publish

this my last Will and Testament.


Item I.

It is my will that all my just debts and funeral

expenses be paid out of my estate as soon after

my death as it is conventient for my Executrix to

do so.


Item II.

All the rest residue and remainder of my proper=

=ty real personal and mixed and wherever situated

I give devise and bequeath to my beloved wife Mar=

=garet Williams to have use and enjoy for and dur=

=ing the period of her natural life.


Item III.

It is my will that at the death of my said wife

Margaret all of my said property real personal and

mixed then remaining and wherever situated shall be

divided equally among my children.


Item IV

I do hereby nominate and appoint my beloved wife

Margaret Williams, Executrix of this my last

Will and Testament with full power to collect com=

=promise and pay off all debts and claims due from

or to me.

Item V.

It is my will that no appraisement or inventory

of my personal or real property shall be made and

I hereby direct the Probate Judge to dispense with

the same as provided by statute.


Item VI

It is my will that my said Executrix shall not

give bond as such Executrix and that she shall

not be required to make any return or report to the

Probate Court of any of her acts as such Executrix


Item VII

I hereby revoke all former wills and codicils by

me made.

In testimony whereof I have hereunto set

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 245)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 245)

Description

[page 245]

[corresponds to page 179 of Delaware County Will Records Vol.

8 1887-1890]




179

John D. William's Will

my hand and seal this 27th day of March. A.D. 1876.

John D. Williams {Seal}


Signed sealed and published by the said John D.

Williams as his last Will and Testament in our

presence and signed by us as witnesses at his request

and in his presence this 27th day of March. A.D.

1876.

Gilbert H. Stewart.

David R. Williams

John J. Davis.



Deposition of Witness to Will


The State of Ohio } In the Matter of the last Will and

Franklin County, ss. } Testament of John D. Williams.


Personally appeared before me Charles G. Saffin,

Commissioner - Gilbert H Stewart and David R.

Williams, subscribing witnesses to the last Will and Tes=

=tament of John D. Williams, late of Radnor Township.

in said Delaware County, deceased, who being by me

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

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

to the execution of said Will, deposes and says: That

they Present at the execution of the paper before

them bearing date the 27 day of March. A.D. 1876

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

Williams now deceased, whose name is signed at the

end thereof, and at the request of said deceased, subscribed

their names to the same as witness, in his presence;

that they saw the said John D. Williams sign and

seal said Will and heard him acknowledge the same

to be his last Will and Testament and that the said

John D. Williams at the time of making, signing and

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

memory, and not under any restraint.

Gilbert H. Stewart

David R. Williams

The State of Ohio }

Franklin County, Ss. } I, Charles G Saffin, duly

appointed and commissioned by

the Judge of the Probate Court of the County of Dela=

=ware and the State of Ohio, to take the testimony of

Gilbert H. Stewart and David R. Williams

subscribing witnesses to the last Will and Testament of

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 246)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 246)

Description

[page 246]

[corresponds to page 180 of Delaware County Will Records Vol.

8 1887-1890]


180

John D. William's Will

John D Williams, deceased, late a resident of said

County and State, which Commission, and the

said Will are hereto annexed, do hereby certify that

in pursuance of said Commission I caused, the above

named Gilbert H. Stewart and David R. Williams

subscribing witnesses as aforesaid to appear before me,

at my office on the 13th day of April. 1888, that they

were first duly sworn by me, according to law, to speak

the truth, the whole truth, and nothing but the truth;

that I examined them in relation to the execution of

said Will, and reduced their testimony to writing as

above set forth in their presence and that they signed

the same in my presence, and I further certify that

I am not Counsel, Attorney, or Relative of any of

the parties named in said Will, or otherwise interested

in the Probate thereof.

In witness whereof, I have hereunto set

my hand, this 13" day of April. A.D. 1888.

Charles G. Saffin

Commissioner.


Journal Entry.

April. 19" 1888.

In the Matter of the Will |

of John D. Williams, deceased. | Be it Remembered, that

heretofore, to-wit: on the

29th

day of March. A D. 1888 , an instrument of writing

purporting to be the last Will and Testament of John

D. Williams, late of Radnor Township, in this

County, deceased, was produced in open Court for pro=

=bate, and was then filed. And, it now being shown

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

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

same to probate and record in this Court, has been giv=

=en to Mary E. Smales - Lucy A. Moore - William

O. Williams - Edward C Williams and Daisy M.

Williams, heirs, legatees and next of kin of the Testator

resident of the State of Ohio, pursuant to a former

order of this Court; ~ And it having been made to

appear to the Court that Gilbert H. Stewart and

David R. Williams, the subscribing witnesses to

said Will, were residents of Franklin County. Ohio,

and were without the jurisdiction of this Court, and

it was therefore on the 6th day of April. A.D. 1888,

ordered that a Commission, with the Will annexed,

issue to Charles G. Saffin. Probate Judge of

Franklin County. Ohio, directing him to take the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 247)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 247)

Description

[page 247]

[corresponds to page 181 of Delaware County Will Records Vol.

8 1887-1890]
181

depositions of said subscribing witnesses, and return

the same, duly certified, with all convenient speed to

this Court, which was accordingly done, and on

the 15" day of April. A.D.1888, the same was

returned duly executed and filed herein.

And it now appearing to the Court from the

depositions of the said Gilbert H. Stewart and Dav=

=id R. Williams, that the aforesaid instrument of

writing is the last Will and Testament of said John

D. Williams, deceased. That the same was duly

executed and attested; and that the said Testator,

at the time of making, signing and sealing said

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

and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimon=

=y of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 248)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 248)

Description

[corresponds to page 182 of Delaware County Will Records

Vol. 8 1887-1890]


182

Thomas Evans Jr. Will

Journal Entry.

April 19" 1888.

In the Matter of the Will of |

Thomas Evans Jr. deceased. | This day, an instrument

of writing, purporting to be

the last Will and Testament of Thomas Evans, Jr.

late of Delaware City, in this County, deceased was

produced in open Court for Probate; On considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record,

be given to Isabella Evans, widow, Wesley Z. Evans -

A.N. Evans - Jessie L. Evans - Mary B. Evans -

Phoebe M. Evans and Teresa B. Evans heirs and

next of kin of the Testator resident of the State of

Ohio, that said application will be for hearing be=

=fore this Court on the 26th day of April. A.D.

1888, at 9 o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio } In Probate Court

Delaware County. ss. }

In the matter of the last Will

and Testament of Thomas Evans, Jr. deceased.

To Isabella

Evans - W. Z. Evans - A. N. Evans - Jessie L.

Evans, Mary B. Evans - Phoebe M. Evans and

Theressa B. Evans.

You are hereby notified that on the

19" day of April. A.D. 1888, an instrument of writing,

purporting to be the last Will and Testament of Thomas

Evans, Jr. late of Delaware Township, in said

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

application to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 26th

day of April. A.D. 1888, at 9 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 19" day of April.

A.D 1888
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 249)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 249)

Description

[page 249]

[corresponds to page 183 of Delaware County Will Records

Vol. 8 1887-1890]


183

Thomas Evans Jr. Will

We the undersigned persons within named hereby

acknowledge service of the within notice this 26th

day of April. A.D. 1888.

A.N. Evans

W.Z. Evans

Jessie L. Evans

Phoebe M. Evans

Mary B. Evans

Julia J. Evans, mother of

Teresa B. Evans.


I, the undersigned, widow of the within named

decedent, hereby waive further notice, and consent

to the probate of said Will.

Isabelle Evans.

Dated this 26" day of April. A.D. 1888.


Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss}

Personally appeared in open

Court, Aaron Evans and Henry J. Eaton, the sub=

=scribing witnesses to the last Will and Testament

of Thomas Evans Jr. late of Delaware Township

in said Delaware County, deceased, who being duly

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

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

execution of said Will, depose and say: That the

paper before them bearing date the 6th day of April

A.D 1888. purporting to be the last Will and

Testament of Thomas Evans, Jr, 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 Thomas Ev=

=ans Jr. deceased sign and seal said Will, and heard

him acknowledge the same to be his last Will and

Testament, and that the said Thomas Evans, Jr.

at the time of making, signing and sealing said

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

and not under any restraint.

Aaron Evans

Henry J. Eaton.

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

this 26th day of April A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 250)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 250)

Description

[page 250]

[corresponds to page 184 of Delaware County Will Records

Vol. 8 1887-1890]

184

Thomas Evans Jr. Will

Journal Entry.

April 26" 1888


In the Matter of the Will |

of Thomas Evans, Jr. deceased. |

Be it remembered, that

heretofore, to-wit: on the 19" day of April. A.D. 1888,

an instrument of writing, purporting to be the last

Will and Testament of Thomas Evans, Jr. late

of Delaware City, in this County, deceased, was

produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction

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

and of the application to admit the same to probate

and record in this Court, has been given to Isabella

Evans his widow, and to Wesley Z. Evans_ Aaron

N Evans_ Jessie L. Evans_ Mary B. Evans_

Phebe M. Evans & Teresa B. Evans, next of

kin of the Testator, resident of the State of Ohio,

also to Julia J. Evans mother of said Teresa B.

Evans, she being only in the 3rd year of her age and

residing with her mother & having no Guardian and

all pursuant to a former order of this Court.

Therefore, on this day came Aaron Evans, and Henry

J. Eaton the subscribing witnesses to said Will,

who being duly sworn, testified to the due execu=

=tion and attestation of said Will. Which testimony

was reduced to writing, by them respectively sub=

=scribed, and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writ=

=ing is the last Will and Testament of said Thomas

Evans Jr. deceased. That the same was duly

executed and attested; and that the said Testator,

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

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

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate,

and that the same together with the testimony of

the witnesses above named, as well as the proceed=

=ings had thereon, be entered of record in this Court.


N.F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 251)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 251)

Description

[page 251]

[corresponds to page 185 of Delaware County Will Records

Vol. 8 1887-1890]



185

Thomas Evans, Jr. Will

Copy of Will.

The Last Will and Testament

of

Thomas Evans, Jr. ~

Of the city of Delaware. Ohio.

In the name

of the Benevolent Father of All:

I, the said Thomas

Evans Jr.~, being of sound and disposing mind and

memory, considering the uncertainty of continuance

in life, and desiring to make such disposition of my

worldly estate as I deem best, do make, publish and

declare, this to be my last will and testament; hereby

revoking and annulling any and all former will or

wills whatsoever by me made/

Item First I desire all my just debts and funeral expenses to

be paid, as soon as possible after my decease


Item Second I give and bequeath to my beloved wife Isabella

Evans, all the property & estate, real, personal or mixed,

of which at my decease I may be the owner or have

any interest in, & in whatsoever form, the same may

then be in, money, notes, accounts, household goods,

blocks houses & lots or in any other form whatsoever I

give all to her to be hers absolutely, the real estate in

full fee-simple, with the same power to sell & convey

& control & manage all said estate, that I have whilst

living.

I nominate and appoint my said wife Isabella

Evans to be the Executrix of this Will & request

that she be not required to give any bond, or to have

made any inventory or appraisement of my estate.

In Witness Whereof, I have hereunto

set my hand and seal this sixth day of April in the

year eighteen hundred and eighty eight

Thomas Evans Jr. {Seal}


Signed, sealed, and acknowledge, by said Thomas Evans,

Jr as his last will and testament, in our presence,

and subscribed and attested by us, as witnesses, in his

presence, and at his his request, & in the prescence of

each other.

Aaron Evans.

Henry J. Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 252)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 252)

Description

[page 252]

[corresponds to page 186 of Delaware County Will Records

Vol. 8 1887-1890]

186

Russel B. Moses' Will.

Journal Entry.


May 5th 1888.


In the Matter of the Will of |

Russel B. Moses,deceased. | This day, an instrument of

writing, purporting to be the

last Will and Testament of Russel B. Moses, late of

Liberty Township, in this County, deceased, was pro=

=duced in open Court for Probate; On Consideration

Whereof, it is ordered that the said Will be filed

in this Court.

And Helen E. Moses, the only heir and legatee of said

Testator appears in open Court, and in writing,

waives further notice, and consents to the probate of said

Will, and thereupon, came Lyman Gardner and

George Hall the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution

and attestation of said Will. Which testimony was

reduced to writing, by them respectively subscribed, and

filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said Russel B. Moses, de=

=ceased. That the same was duly executed and attested

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

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

mind and memory, and not under any restraint.

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

be admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.

Waiver.


I, the undersigned heir & next of kin of the within nam=

=ed decedent, hereby waive further notice, and consent to

the probate of said Will.

Helen E. Moses.

Dated this 5 day of May. A.D 1888.


Probate of Will.


The State of Ohio | In Probate Court.

Delaware County.ss |

Personally appeared in open Court

Lyman Gardner and George Hall, the subscribing witnesses

to the last Will and Testament of Russel B. Moses, late

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 253)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 253)

Description

[page 253]

[corresponds to page 187 of Delaware County Will Records Vol. 8 1887-1890]



187

Russel B. Moses' Will.

of Liberty Township in said Delaware County, deceased,

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

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

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

paper before them bearing date the 24" day of June. A.

D. 1880. purporting to be the last Will and Testament

of Russel B. Moses, now deceased, is the Will of said

deceased, Russel B. Moses, 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 Russel B. Moses deceased sign and seal said

Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said Rus=

=sel B. Moses at the time of making, signing and seal=

=ing said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint.

Lyman Gardner

George Hall.

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

this 5th day of May. A.D 1888.

N.F.Overturf

{Seal} Probate Judge.


Copy of Will.


In the name of the Benevolent Father of all I Russel

B. Moses of Delaware County Ohio do make and publish

this my last will and testament.


Item 1st I give and bequeath to my beloved Daughter Helen

E. Moses

all of my real estate to wit the home form on which I now

reside in Liberty Township, Delaware County. containing

one hundred and sixteen acres and known as the Salmon

Moses farm and one hundred and thirty eight and one half

acres in Perry Township Franklin Co. Ohio, excepting

ten acres and a fraction heretofore deeded to the Columbus

and Toledo Rail Road Company als. I give and bequeath

to my said Daughter all of my personal property that I

may be possessed of at my decease after paying whatever

debts

and expenses that may accrue.

Item 2nd I nominate and appoint my Daughter Helen E. Moses

Executrix of this my last will and testament and request that

she be not required to give bonds.

Witness my hand this 24th June 1880| Russel B. Moses {Seal}

Signed and sealed by said Russel B. Moses as his last

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

presence.

Lyman Gardner

George Hall
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 254)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 254)

Description

[page 254]

[corresponds to page 188 of Delaware County Will Records

Vol. 8 1887-1890]




188

John Wilson's Will.

Journal Entry.

April 30th 1888

In the Matter of the Will of |

John Wilson, deceased, |

This day, an instrument of

writing, purporting to be the last Will and Testament of

John Wilson, late of Liberty Township, in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the said Will

be filed in this Court. and that due notice thereof, and

of the application to admit the same to probate and record,

be given to Mary Wilson, his widow, and Mary F. Harter

Sarah G. Jones, John B. Wilson and Melissa Phil=

=lians, heirs and next of kin of the Testator, resident of

the State of Ohio, that said application will be for

hearing before this Court on the 14th day of May.

A.D. 1888. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.

Waiver.


I, the undersigned, next of kin of the within named dece=

=dent, hereby waive further notice, and consent to the pro=

=bate of said Will.

Dated this 30" day of April. A.D. 1888.

John B. Wilso

Per J. Hipple.

Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County,ss.}

In the Matter of the last Will and

Testament if John Wilson. decd

To Mary Wilson, widow, Mary

F. Harter - Sarah G. Jones and Melissa Phillians.

You are hereby

notified that on the 30th day of April. A.D. 1888, an in=

=strument of writing, purporting to be the last Will and

Testament of John Wilson, late of Liberty Township in

said County, deceased, was produced in open Court and

an application to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 14" day of

May. A.D. 1888, at 10 o'clock. A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 30th day of April. A.D. 1888

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 255)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 255)

Description

[page 255]

[corresponds to page 189 of Delaware County Will Records

Vol. 8 1887-1890]




189

John Wilson's Will

Return

The State of Ohio |

Delaware County.ss. |

John B. Wilson, being duly sworn,

says, that on the 2d day of May

A.D. 1888, he served the within notice by delivering a

true copy thereof to the within named Mary Wilson

widow of John Wilson, deceased. May 2 1888, & to

Mary F. Harter May 3 1888 & to Sarah G Jones May

5. 1888 & to Melisser Phillians. May 7" 1888.

J.B. Wilson.

Subscribed in my presence and sworn to before me this

9" day of May. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.


The State of Ohio } In Probate Court

Delaware County.ss. }

Personally appeared in open Court

Adam Newhouse and Samuel Newhouse the subscrib=

=ing witnesses to the last Will and Testament of John

Wilson, late of Liberty Township in said Delaware Coun=

=ty, deceased; who, being duly sworn according to law,

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

the truth, in relation to the execution of said Will,

depose and say: That the paper before them bearing

date the 24 day of April .A.D. 1888, purporting to be

the last Will and Testament of John Wilson, now

deceased, is the Will of said deceased John Wilson,

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 Wilson,

deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and Tes=

=tament, and that the said John Wilson at the

time of making, signing and sealing said Will, was

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

any restraint.

Adam Newhouse

Samuel Newhouse.

Sworn to and subscribed by said witnesses, in open

Court, this 14" day of May. A.D. 1888.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 256)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 256)

Description

[page 256]

[corresponds to page 190 of Delaware County Will Records

Vol. 8 1887-1890]


190

John Wilson's Will

Journal Entry.


May 14" 1888.

In the Matter of the Will |

of John Wilson, decd. | Be it remembered that here:

tofore, to-wit: on the 30th day of

April: A.D. an instrument of writing, purporting to

be the last Will and Testament of John Wilson, late

of Liberty Township, in this County, deceased, was produc=

=ed 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 Wilson, widow -

Mary F. Harter - Sarah G. Jones and Melissa Phil=

=lians (John B. Wilson having waived Notice and consent=

=ed to probate of said Will) heirs and next of kin

of the Testator, resident of the State of Ohio, pursuant

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

came Adam Newhouse and Samuel Newhouse,

the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testa=

=ment of said John Wilson, deceased. That the

same was duly executed and attested; and that the said

Testator, at the time of making, signing and sealing

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

and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to pro=

=bate, and that the same, together with the testimony

of the witnesses above named, as well as the proceed+

=ings had thereon, be entered of record in this Court

N.F. Overturf

Probate Judge


Copy of Will.

In the name of the Benevolent Father of All; I

John Wilson of Liberty Township Delaware County Ohio

do make and publish this my last Will and Testament.


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

expenses be paid and for that purpose my Executrix

hereinafter named is authorized to sell or dispose of any

property that may be necessary for that purpose.


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

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 257)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 257)

Description

[page 257]

[corresponds to page 191 of Delaware County Will Records

Vol. 8 1887-1890]



191

John Wilson's Will.

in lieu of her dower and in lieu of her years support

under the law All my real estate lands and tenements

with the privileges and appurtenances thereunto belong=

=ing And all my personal property, money, goods &

Chattels of every kind and description whatsoever to

have and to hold during her natural life.

She however having the right and she is hereby author=

=ized and empowered to sell and dispose of any part or the

whole of said property at public or private sale as she

may think best and use the proceeds for her support or

as she wishes or deems best.

Item 3. At the decease of my said wife I give, devise and

bequeath the remainder of said Real Estate and

personal property if any remains to my son John B.

Wilson and my daughter Mrs. Sarah G. Jones & their

heirs forever Share & share alike.

I do hereby nominate and appoint my

beloved wife Mary Wilson Executrix of this my Last

Will and Testament hereby Authorizing and empower=

=ing her to compromise, adjust, release and discharge in

such manner as she may deem best the debts and claims

due me And I do also Authorize and empower her

if it becomes necessary to pay my debts or for the sup=

=port of my said wife or for any purpose for which she

may wish or desire sell & dispose of as aforesaid any

of said property. I desire that no sale or appraise=

=ment of my property be made except in the manner

& for the purposes aforesaid and that the Court of Probate

direct the mission of the same in pursuance of the

Statute.

I do hereby revoke all former wills by me made,

In testimony Whereof I have hereunto set my

hand and seal this 24' day of April. A.D. 1888.

John Wilson {Seal}


Signed and acknowledged

by said John Wilson

as his Last Will and

Testament in our presence

and signed: by us in his

presence.

Adam Newhouse

Samuel Newhouse

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 258)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 258)

Description

[page 258]

[corresponds to page 192 of Delaware County Will Records

Vol. 8 1887-1890]

192

M. Aletha Stabler's Will

Journal Entry.

May. 3 1888.

In the Matter of the Will of |

M. Aletha Stabler, decd. |

This day, an instrument of

writing, purporting to be the last Will and Testament of

M. Aletha Stabler, late of Delaware Township, in this

County, deceased, was produced in open Court for Pro=

=bate; On Consideration Whereof, it is ordered that

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

notice thereof, and of the application to admit the same

to probate and record, be given to Alvin K. Stabler, her

widower, and Hamilton L. Bereau - Mrs. M. F. Wil

=liamson and Mrs. R. A. Stabler, legatees of the Tes=

=tatrix, resident of the State of Ohio, that said appli=

=cation will be for hearing before this Court on the 11th

day of May. A.D. 1888 at 2 o'clock P.M., to which

time this matter is continued.

N.F. Overturf.

Probate Judge.

Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County.ss }

In the matter of the last Will and

Testament of M. Aletha Stabler, decd.

To Alvin K. Stabler -

Hamilton L. Bereau - Mrs. M.F. Williamson & Mrs. R.

A. Stabler

You are hereby notified that on the 3rd day of May

A D 1888, an instrument of writing, purporting to

be the last Will and Testament of M. Aletha Stabler

late of Delaware Township, in said County, deceased,

was produced in open Court, and an application to ad=

=mit the same to probate was on the same day made

in said Court. Said application will be for hearing

before this Court on the 11th day of May. A.D. 1888,

at 2 o clock P.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 3rd day of May. A.D. 1888.


Journal Entry.

May 11" 1888.

In the Matter of the Will |

of M. Aletha Stabler, decd. |

It appearing to the Court,

that B.F. Freshwater is not able to make proof that
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 259)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 259)

Description

[page 259]

[corresponds to page 193 of Delaware County Will Records

Vol. 8 1887-1890]

193

M. Aletha Stabler's Will

all of the legatees have had proper service the hear=

=ing of this cause is continued until the 16th day of

May. A.D. 1888.

N.F. Overturf

Probate Judge.


Affidavit of Service.


The State of Ohio }

Delaware County,ss. } B. F. Freshwater, being duly sworn,

says that on the 5", 7" & 12" days of

May. A.D. 1888, he served the within noticed by de=

=livering a true copy thereof to the within named

Alvin K. Stabler - Hamilton L. Bereau - Mrs. M.F.

Williamson & Mrs. R.A. Stabler.

B.F. Freshwater.

Subscribed in my presence and sworn to before me

this 16th day of May 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will,


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court

B.F. Freshwater and Grace N. White the subscribing witnesses

to the last Will and Testament of M. Aletha Stabler, 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 ex=

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

them bearing date the 21" day of April. A.D. 1888, purporting

to be the last Will and Testament of M. Aletha Stabler,

now deceased, is the Will of said deceased, M. Aletha Stab=

=ler, 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 his presence;

that they saw the said M. Aletha Stabler, deceased,

sign and seal said Will, and heard her acknowledge the

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

M. Aletha Stabler at the time of making, signing and seal=

=ing said Will, was of sound mind and memory, and not

under any restraint.

B.F. Freshwater

Horace N. White.

Sworn to and subscribed by said witnesses in open Court

this 16th day of May. A.D. 1888.

{Seal} N.F. Overturf. Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 260)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 260)

Description

[page 260]

[corresponds to page 194 of Delaware County Will Records

Vol. 8 1887-1890]

194


M. Aletha Stabler's Will

Journal Entry.

May 16th 1888.


In the Matter of the Will of|

M. Aletha Stabler, decd | This cause coming on for hear=

ing, 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 Alvin K. Stabler her widower, and Hamil=

=ton L. Bereau. Mrs. M.F. Williamson and Mrs. R.A. Stabler

legatees of the Testatrix, resident of the State of Ohio,

pursuant to a former order of this Court; therefore on this

day came B.F. Freshwater and Horace N. White

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and

filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will

and Testament of said M. Aletha Stabler, deceased.

That the same was duly executed and attested; and

that the said Testatrix, at the time of making, sign=

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

mind and memory, and not under any restraint.

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

Will be admitted to probate, and that the same, to=

=gether with the testimony of the witnesses above

named, as well as the proceedings had thereon, be,

entered of record in this Court.

N.F. Overturf

Probate Judge

Copy of Will.


The Last Will and Testament of

M. Aletha Stabler, of Delaware County, Ohio


In the Name of the Benevolent Father of All, I, the

said M. Aletha Stabler, being of sound and disposing mind

and memory, considering the uncertainty of continuance

in life, and desiring to make such disposition of my

worldly estate as I deem best, do make, publish and

declare, this to be my last Will and Testament; hereby

revoking and annulling any and all former will and wills

whatsoever by me made.


First I desire all my just debts and funeral expenses to be

paid, as soon as possible after my decease.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 261)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 261)

Description

[page 261]

[corresponds to page 195 of Delaware County Will Records

Vol. 8 1887-1890]



195

M. Aletha Stabler's Will

Second: I give and bequeath to my dear husband Alvin K. Stabler,

All my Real Estate situate, lying and being in Warren

County, Ohio, Said Real Estate being the Undivided

One Third (1/3) part of the Homestead of which my Father

Abram Bereau died seized, my interest therein, in said

Real Estate, never having been set off or assigned to

me, and I desire my Executor hereinafter named to

sell and dispose of this my Real Estate and to pay over

the money received from said sale of said Real Estate

to my husband Alvin K. Stabler.


Item Third: I give and bequeath to my dear Brother Hamilton L.

Bereau my Silver Goblets, Silver pitcher and silver

syrup can.

Item Fourth: I give and bequeath to my dear sister Mrs. M.F. Wil=

=liamson my seed Pearl Earrings

Item Fifth: I give and bequest to my dear Mother-in-Law

Mrs. R.

A. Stabler, my walnut Bed-stead-Walnut dressing

case and divan.

Item Sixth: I give and bequeath to my dear husband Alvin K.

Stabler, all money which I may have in my possession

at the time of my decease, and also my Piano beds and

bedding, Chairs, Carpets, and furniture, and all of my pers=

=onal property not heretofore disposed of in this Will, of all

kinds and descriptions, which I may be possessed of at the

time of my decease.

Item Seventh There is due me from my brother Hamilton L.

Bereau

about Three Hundred $300.00, Dollars, which I desire my

Executor shall collect and out of said sum of $300.00 I

desire said Executor to pay all the expenses of my funer=

=al, & all debts that may be contracted in the

administration

of this my last Will and Testament, Should there be any

of this money aforesaid left after paying said expenses and

debts, Then it is my will, and desire that the said Executor

shall pay the residue of said money to my husband Alvin

K. Stabler.

I nominate and appoint Levi Gorsuch of Butler Coun=

ty Ohio, to be the executor of this Will

In Witness Whereof, I

have hereunto set my hand and seal this Twenty First

day of April, in the year Eighteen Hundred and Eighty

Eight.

M. Aletha Stabler {Seal}


Signed, sealed, and acknowledged, by M. Aletha Stabler, as and for

her last Will and Testament, in our presence, and subscribed and

attested by us, as witnesses, in her presence, and at her request.

B.F. Freshwater

Horace N. White.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 262)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 262)

Description

[page 262]

[corresponds to page 196 of Delaware County Will Records

Vol. 8 1887-1890]


196

Lydia E. Young's Will

Journal Entry,

June 9th 1888.

In the Matter of the Will |

of Lydia E. Young, deceased, |

This day, an instrument

of writing, purporting to be the last Will and Testament

of Lydia E. Young, late of Delaware City, in this

County, deceased, was produced in open Court for Pro=

=bate; On Consideration Whereof, it is ordered that

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

notice thereof, and of the application to admit the admit

the same to probate and record, be given to Lizzie E.

Young, John L. Young, Robert W. Young and Guy

Earl Young heirs and next of kin of the Testa=

=trix, resident of the State of Ohio, that said appli=

=cation will be for hearing before this Court on the 12th

day of June. A.D. 1888, at 2 o'clock P.M. (George W.

Young, Jr. widower of said Testatrix, having waived

notice).

N. F. Overturf

Probate Judge,


Waiver.

I, the undersigned, widower of the within dec=

=edent, hereby waive further notice, and consented

the probate of said Will.

Dated this 9" day of June A.D. 1888.

Geo. W. Young. Jr.


Notice to Heirs.


The State of Ohio | In Probate Court.

Delaware County.ss. |

In the Matter of the last Will

and Testament of Lydia E. Young. deceased.

To Lizzie E Young, John L.

Young, Robert W. Young and Guy Earl Young.

You are hereby notified

that on the 9" day of June, A.D. 1888, an instrument of

writing, purporting to be the last Will and Testament of

Lydia E. Young, late of Delaware Township, in said

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

application to admit the same to probate was on the same

day made in said Court. Said application will be for

hearing before this Court in the 12" day of June.

A.D. 1888. at 2 o'clock P.M.

{Seal} N.F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 9" day of June A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 263)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 263)

Description

[page 263]

[corresponds to page 197 of Delaware County Will Records

Vol. 8 1887-1890]



197

Lydia E. Young's Will

Return


The State of Ohio }

Delaware County, ss. } George W. Young. Jr. being

duly

sworn, says that on the 11

day

of June, A.D. 1888, he served the within notice by

delivering a true copy thereof to the within named

Lizzie E. Young, John L. Young, Robert W. Young and

Guy Earl Young.

Geo. W. Young. Jr.

Subscribed in my presence and sworn to before me this

12" day of June, 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.


The State of Ohio | In Probate Court.

Delaware County ss. |

Personally appeared in open Court,

W.B. Hedges and Etta Roloson, the subscribing wit=

nesses to the last Will and Testament of Lydia E.

Young, late of Delaware Township in said Delaware

County, deceased; who being duly sworn according to

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

but the truth, in relation to the execution of said Will,

depose and say: That the paper before them bearing

date the 29" day of May. A.D. 1888, purporting to be

the last Will and Testament of Lydia E. Young - now

deceased, is the Will of said deceased Lydia E. Young,

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 Lydia E.

Young, deceased, sign and seal said Will, and heard

her acknowledge the same to be her last Will and

Testament, and that the said Lydia E. Young at the

time of making, signing and sealing said Will, was

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

any restraint.

W.B. Hedges

Etta Roloson.

Sworn to and subscribed by said witnesses in open

Court, this 12th day of June, A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 264)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 264)

Description

[page 264]

[corresponds to page 198 of Delaware County Will Records

Vol. 8 1887-1890]

198

Lydia E. Young's Will

Journal Entry.

June 12" 1888.

In the Matter of the Will of }

Lydia E. Young. deceased. }

Be it Remembered, that,

heretofore, to-wit: on the 9th day of June. A.D. 1888,

an instrument of writing, purporting to be the last

Will and Testament of Lydia E. Young, late of

Delaware City, in this County, deceased, was pro=

=duced in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

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

of the application to admit the same to probate and

record in this Court, has been given to Lizzie E. Young,

John L. Young, Robert W. Young and Guy Earl

Young, heirs and next of kin of the Testatrix,

resident of the State of Ohio, pursuant to a former

order of this Court; (George W. Young. Jr. widower of

said decedent having waived notice and consented to

the probate of said Will) therefore, on this day came

W.B. Hedges and Etta Roloson the subscribing

witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Lydia E. Young, deceased. That the same

was duly executed and attested; and that the said

Testatrix, at the time of making, signing and sealing

said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admit=

=ted to probate, and that the same, together with the

testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this

Court.
N. F. Overturf

Probate Judge

Copy of Will.

Last Will of Lydia E. Young

I, Lydia E. Young of Delaware Ohio, do on this

29th day of May. at the City of Delaware

Ohio, make and publish this my last Will and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 265)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 265)

Description

[page 265]

[corresponds to page 199 of Delaware County Will Records

Vol. 8 1887-1890]



199

Lydia E. Young's Will


testament, That is to say.

I wish all my just debts and fun=

=eral expenses paid.

I give devise and bequeath all

my estate both personal and real and of whatsoever

kind I may die seized to my husband George W.

Young, Jr.

I nominate and appoint my said husband

the said George W. Young, Jr. Executor of this

my last Will, and I direct that he be not required

to give bonds as such. And I direct also that

there be no inventory or appraisement of any of my

property.

In testimony Whereof I hereunto sub=

=scribe my name and affix my seal this 29th day

of May. In the Year of our Lord One Thousand

Eight Hundred and Eighty Eight.

Lydia E. Young.

Signed and sealed by Lydia E. Young in our pres=

=ence and by her acknowledged to be her last

Will and Testament and by us at her request

and in her presence and in the presence of each

other signed by us as witnesses this 29th day of

May, 1888.

W.B. Hedges

Etta Roloson

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 266)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 266)

Description

[page 266]

[corresponds to page 200 of Delaware County Will Records

Vol. 8 1887-1890]

200

Samuel T. McMorran's Will

Journal Entry.

June 20" 1888.

In the Matter of the Application }

for admission to Record of the }

Copy of Will & Record of Probate }

of the Will of Samuel T. McMorran, }

decd late of Champaign County, Ohio }

This day David McMor=

=ran Executor of the last Will and Testament of Samuel

T. McMorran decd presented to this Court for record an

Authenticated Copy of the last Will and Testament of

Samuel T McMorran, late of Champaign County. Ohio.

deceased, and of the order of Probate of the same in said

County.

Whereupon the Court finding that certain real estate

of said decedent mentioned in said Will and provis=

=ion for the title to the same to pass by provision in

said Will contained, is situated in this County, the

Court hereby order that said Copies be admitted to

record, as provided by law in such cases, in this County.

N.F. Overturf

Probate . Judge.


"Copy of Will and Proceedings"


Application to Probate Will.


In the Probate Court, Champaign County, Ohio.

Samuel T. McMorran, Deceased.

To the Honorable the Judge of said Court:


And now comes Susan B. McMorran and produces

for admission to Probate in said Court, the Last Will

and Testament of Samuel T. McMorran, late a resi-

=dent of the St. Paris, in said County, who died on the

5 day of April. A D. 1888.

Said Testator died leaving Susan B. McMorran

his widow and the following persons, all of his next of

kin.

Name Degree of Kinship P.O.Address.

Isaac N. McMorran. Son. St. Paris. O.


The State of Ohio. Champaign County,ss.

The above named Susan B. McMorran having first

duly sworn, says the statements of the foregoing

application,

are true as she very believe.

S.B. McMorran.

Sworn to before me and subscribed in my presence

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 267)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 267)

Description

[page 267]

[corresponds to page 201 of Delaware County Will Records

Vol. 8 1887-1890]


201

Samuel T McMorran's Will


this 10th day of April. A.D. 1888.

D.W. Todd.

Probate Judge.


Be, it Remembered, That on this, the 10th day of

April. A.D. 1888, an instrument of writing pur=

=porting to be the last Will and Testament of Samu=

=el T. McMorran, late of St Paris, Champaign Coun=

=ty, Ohio, deceased, was produced in open Court for

Probate, and it is now ordered that the said Will

be filed in this Court, and that due notice thereof and

of the application to admit the same to Probate and Record

be given to Susan B. McMorran, widow and Isaac

N. McMorran, next of kin of the Testator, resident

of the State of Ohio three days prior thereto that

said application will be for hearing before this Court

on the 17th day of April A.D. 1888, at 10 o'clock

A.M.


Subpoena.


The State of Ohio } To Edward Fry and Lambert Pond.

Champaign County , }

You are hereby required to attend be=

=fore the Probate Court, within and for said County,

held at the Court House, in Urbana, of said County,

on the 17th day of April. A.D.1888, at 10 o'clock A.M.,

to testify all and singular, such matters and things

which you may know as to the execution of the last

Will and Testament of Samuel T. McMorran, deceased.

Witness my hand and official seal, this 10th day

of April. A.D. 1888.

D.W. Todd.

{Seal} Probate Judge


Notice to Heirs.


The State of Ohio }ss In the Probate Court.

Champaign County. }

In the Matter of the last Will and

Testament of Samuel T. McMorran, decd

To J.Q. Baker.

You are hereby

commanded to notify Susan B. McMorran & Isaac

N. McMorran giving at least three days notice, that

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 268)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 268)

Description

[page 268]

[corresponds to page 202 of Delaware County Will Records

Vol. 8 1887-1890]


202

Samuel T. McMorran's Will


on the 10th day of April A.D. 1888. an instrument of writ=

=ing, purporting to be the last will and Testament of

Samuel T. McMorran, late of St. Paris Township, in

said County, deceased, was produced in open Court,

and an application to admit the same to probate, was

on the same day made in said Court. Said applica=

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

day of April. A.D. 1888, at 10 o'clock A.M.,

You will make return of this notice on or before the

14th day of April. A.D. 1888.

Witness my hand and official

seal this 10 day of April A.D. 1888.

D.W.Todd.

{Seal} Probate Judge.


Return.


The State of Ohio. }
}
Champaign County,ss. } J.Q. Baker being duly sworn,

says that on the 11th day of

April. A.D. 1888, he served the within notice, by de=

=livering a true copy thereof to the within named

Susan B. McMorran and Isaac N. McMorran.

J.Q. Baker.

Subscribed in my presence and sworn to before me this

11" day of April A.D. 1888.

J.P. Northcutt.

Notary Public


We the undersigned person within named hereby ac=

=knowledge service of the within notice, this 11" day of

April. A.D. 1888.

S.B. McMorran

I.N. McMorran.



Be it Remembered, That, heretofore to-wit: on the

10" day of April A.D. 1888, an instrument of writing,

purporting to be the last Will and Testament of S. T.

McMorran, late of St. Paris, Champaign County,

Ohio, deceased, was produced in open Court and offered for

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

the satisfaction of the Court, that due notice of the filing

of said Will and of the application to admit the same

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

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

pursuant to a former order of this Court: Thereupon,

on this day came Edward Fry and Lambert Pond the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 269)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 269)

Description

[page 269]

[corresponds to page 203 of Delaware County Will Records

Vol. 8 1887-1890]



203

Samuel T. McMorran's Will.

subscribing witnesses to said Will, who being duly

qualified, testified to the due execution and attesta=

=tion of said Will, which testimony was reduced to

writing by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the

aforesaid instrument of writing is the last Will and

Testament of said S.T. McMorran deceased, that the

same was duly executed and attested; and that the

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

of lawful age, 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.


In the name of the Benevolent Father of All,

I, S. T. McMorran of Saint Paris,

County of Champaign and State of Ohio do make and

publish this my Last Will and Testament.


Item 1st I give and devise to my beloved wife Susan B. McMor=

=ran all my right title and interest in and to the

Homestead which we now occupy being two lots

and the buildings & appertenances thereto belonging

situate on the N.W. corner of Main and Church St.,

valued at Fifteen Hundred Dollars, which amount,

shall be deducted from any interest accruing to her,

in my estate under the Laws of the State.

I also give to her and hereby vest in her the absolute

title to and in all the Household and Kitchen furni=

=ture of every description, provided for the convenience and

sustenance of the family.

Item 2nd I give and bequeath to my niece Mrs. Barbara Eliz=

=abeth Jones, the sum of Sixty Dollars annually pay=

=able to her in quarterly payments of Fifteen Dollars,

during her natural life.

Item 3rd I give and bequeath to my son Isaac Newton

McMorran, his wife and their child or children a

good home, substantial support and clothing, during

the natural life of the said Isaac Newton and

his wife, provided she remains his widow so long but

this Legacy shall terminate and cease if she inter=

=marries. This home, support and clothing shall be

furnished these Legatees by my Executors hereafter

named in such manner as they shall deem most

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 270)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 270)

Description

[page 270]

[corresponds to page 204 of Delaware County Will Records

Vol. 8 1887-1890]

204
Samuel T. McMorran's Will.

advisable.

If the habits and conduct of the said Isaac Newton be

such as to justify, and the Court having jurisdiction

thereof approve my Executors may pay to him this be=

=quest in more liberal proportions, not however to exceed

One Thousand Dollars in any one year.

Any remaining portion of my estate not thus con=

=sumed at the death of said Isaac Newton McMorran

and his wife, I give and bequeath to his children if

living, if none of his children be living at the termin=

=ation of this bequest I do give and bequeath such

portion of my estate last named to "The Evergreen

Cemetery Association.

Item 4 All personal property remaining at my death ex=

=cept my safe, books and office furniture, not otherwise

shall be appraised and sold and the proceeds there=

=of accounted for as other portions of my estate.

Item 5 My Executors shall have full control of all my real

estate, not otherwise devised, keep the same in good and

sufficient repair, rent to the best advantage collect the

rents therefor, pay the taxes, keep sufficiently insured

to provide against loss by fire or otherwise, and manage

the estate commited to them, in all things to the best

interest of the estate.

If at any time they deem it best for the estate

to sell any part of parcel of the same, they shall sell

at private sale or otherwise any part thereof and con=

=vey the title thereto by a good and sufficient deed,

without the intervention of the Court and for so doing

this shall be their sufficient warrant. My executors and

son Isaac Newton shall have joint use and possession

of my law office, safe, books and office furniture of

every kind. Provided my Executors may sell at

private sale or otherwise without appraisement any

books, fixtures or office not needed for this use.

Item 6th All balance of my estate not needed for immediate

use shall be invested in National, State or County

Bonds or First Mortgage Notes at interest not to

exceed the Legal rate at the time invested.

Item 7th Having sold a piece of property in Delaware Ohio

to a Miss Avery for $1,700 cash to be consumated

when the Title shall be quieted , I desire this

contract completed and title to pass as agreed. For

this purpose I request my wife to sign with my

Executors and to take her dower in same in money

or other property here

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 271)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 271)

Description

[page 271]

[corresponds to page 205 of Delaware County Will Records

Vol. 8 1887-1890]



205

Samuel T. McMorran's Will

Item 8th Holding Notes and Mortgage from Fants on

Lot " 18 sq $150 and have agreed to accept their ser=

=vices as Janitor for the Office for six years in

payment thereof part of which service they have al=

=ready performed. Now if they express a willing=

=ness to complete the contract and my Executors

do not wish to continue their services further I

direct my Executors to cancel mortgage and notes

and deliver them to said Fant.


Item 9th I do hereby nominate and appoint David McMorran

and Wm H. Jones Jr. Executors of this my last

Will and Testament, hereby authorizing and em=

=powering them to compromise, adjust, release and

discharge in such manner as they may deem proper

the debts and claims due me. I do also authorize

and empower them if it shall become necessary in

order to pay my debts, to sell by private sale or in

such manner, upon such terms of credit of other=

=wise as they may think proper all or any part of

my real estate, to execute to purchasers deeds, ac=

=knowledge and deliver in fee simple.

I do hereby revoke all former Wills by me

made.

In Testimony hereof I have hereunto set my

hand and seal this 23d day of Feby. 1888.

S.T. McMorran - Seal -


Signed and acknowledged by said S.T. McMorran

as his last Will and Testament in our presence

and signed by us in his presence the day and year

last above written.

Edward Fry

Post Office Lambert Pond.

St. Paris. O.


Proof of Will.


The State of Ohio. } In the Probate Court.
}
Champaign County. }

Personally appeared in open Court

Edward Fry and Lambert Pond the subscribing wit=

=nesses to the last Will and Testament of S.T.

McMorran, late of St. Paris, in said Champaign

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

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 272)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 272)

Description

[page 272]


[corresponds to page 206 of Delaware County Will Records

Vol. 8 1887-1890]

206
Samuel T. McMorran's Will

them bearing date, the 23d day of February. A.D. 1888,

purporting to be the last Will and Testament of S.T.

McMorran, 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 pres=

=ence; that they saw the said S.T. McMorran, de=

=ceased, sign and seal said Will, and heard him ac=

=knowledge the same to be his last Will and Testa=

=ment, and that the said S.T. McMorran, at the

time of making, signing and sealing said Will,

was of lawful age, of sound and disposing mind and

memory, and under no unlawful restraint whatsoever.

Edward Fry

Lambert Pond.

Sworn to and subscribed by said witnesses, in open

Court, this 17" day of April. A.D. 1888.

D.W. Todd.

{Seal} Probate Judge


Certificate to Copies.


The State of Ohio } ss.
}
Champaign County. } I, D.W. Todd, Judge and Ex. offi=

cio Clerk of the Probate Court

within and for said County, said Court being a Court

of Record having a Seal, do hereby certify that the

foregoing is a full and correct copy of Last Will &

Testament, of S.T. McMorran, deceased, together with

the Probate Thereof as of Record F. Page 348. Will

Records, of this Court.

I further certify, that by the Laws of the State of

Ohio, I am Ex-officio Clerk of said Court, having

sole custody of the Records, Archives and Seal of

said Court; that I have been duly commissioned and

qualified as Judge of said Court, and that this at=

=testation is in due form of law.

In Testimony Whereof, I

have hereunto set my hand and affixed the Seal of

said Court at Urbana, Ohio, this 18 day of June,

A,D, 1888.

D.W. Todd

{Seal} Probate Judge

By L. H. Todd,

Deputy Clerk.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 273)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 273)

Description

[page 273]

[corresponds to page 207 of Delaware County Will Records

Vol. 8 1887-1890]



207

Peter Wollam's Will.

Journal Entry.

June 20" 1888.

In the Matter of the Will }

of Peter Wollam, decd }

This day, an instrument of

writing, purporting to be the last Will and Testament of

Peter Wollam, late of Concord Township, in this County,

deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and record, be

given to Elizabeth Wollam his widow, and Israel Wol=

=lam - Benjamin Wollam - Henry Wollam - George Wol=

=lam - James Wollam- Alfred Wollam and Ra=

=chel Shaver, heirs and next of kin of the Testator, resi=

=dent of the State of Ohio that said application will be

for hearing before this Court on the 29" day of June. A.D.

1888 at 1 o'clock A.M.

N.F. Overturf

Probate Judge.

Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County,ss. }

In the Matter of the last Will and

Testament of Peter Wollam, deceased.

To Elizabeth Wollam. Israel Wol=

=lam - Benjamin Wollam. Henry Wollam- George Wol=

=lam- James Wollam - Alfred Wollam and Rachel

Shaver.

You are hereby notified that on the 20" day of June

A.D. 1888, an instrument of writing, purporting to be the

last Will and Testament of Peter Wollam, late of Con=

=cord Township, in said County, deceased, was produced in

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

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

=cation will be forbearing before this Court on the 29" day

of June A.D. 1888, at 1 o'clock, P.M.

N.F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 20" day of June. A.D.

1888.
Return.

The State of Ohio }

Delaware County.ss. } I, B. Wells being duly sworn, says

that on the 20" day of June. A,D,

1888, he served the within notice by delivering a true copy

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 274)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 274)

Description

[page 274]

[corresponds to page 208 of Delaware County Will Records Vol. 8

1887-1890]

208
Peter Wollam's Will.

thereof to the within named Elizabeth Wollam. Israel

Wollam- Benjamin Wollam - Henry Wollam - George

Wollam - James Wollam - Alfred Wollam - Rachel

Shaver.
J.B. Wells.

Subscribed in my presence and sworn to before me this

29" day of June, 1888.

N.F. Overturf

{Seal} Probate Judge.


Probate of Will.

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

Personally appeared in open Court

Robt. McCrory and J. B. Wells the subscribing wit=

nesses to the last Will and Testament of Peter Wollam

late of Concord Township in said Delaware County, de:

=ceased; who being duly sworn according to law, to speak

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

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

That the paper before them bearing date the 8th day

of March A.D. 1884, purporting to be the last Will and

Testament of Peter Wollam now deceased, is the Will

of said deceased Peter Wollam, 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 Peter Wollam deceased, sign and seal said Will

and heard him acknowledge the same to be his last Will

and Testament, and that the said Peter Wollam at the

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

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

restraint.

Robt. McCrory

J.B. Wells

Sworn to and subscribed by said Witnesses, in open

Court, this 29" day of June. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

June 29" 1888.

In the Matter of the Will }

of Peter Wollam, decd } Be it remembered, that hereto=

=fore, to-wit: on the 20" day of

June. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Peter Wollam,

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 275)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 275)

Description

[page 275]

[corresponds to page 209 of Delaware County Will Records Vol. 8

1887-1890]



209
Peter Wollam's Will


late of Concord 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 Wollam his

widow, and Israel Wollam- Benjamin Wollam - Henry

Wollam - George Wollam- James Wollam - Alfred

Wollam and Rachel Shaver heirs and next of kin of the

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

former order of this Court; therefore, on this day came

Robt. McCrory and J.B. Wells, the subscribing

witnesses to said Will, who being duly sworn, testi=

=fied to the due execution and attestation of said Will,

Which testimony was reduced to writing, by them

respectively subscribed, and filed with said Will, whereup=

=on the Court finds that the aforresaid instrument of

writing is the last Will and Testament of said Peter

Wollam, deceased. That the same was duly executed

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

making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any re=

=straint. It is, therefore, by the Court ordered, that the

said Will be admitted to probate, and that the same, to=

=gether with the testimony of the witnesses above named

as well as the proceedings had thereon, be entered of record

in this Court .
N. F. Overturf

Probate Judge.

Copy of Will.

In the Name of The Benevolent Father

of All,

I Peter Wollam of the County of Delaware and

State of Ohio do make and publish this my last Will

and Testament.


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

dower,

the farm on which I now reside. Situate in the Coun=

=ty and Delaware, Township of Concord and State of Ohio,

containing about one hundred and one acres of land, during

her natural life: and all the Stock, hous.hold goods,

furniture, provisions, and other goods and chattels which

may be thereon, at the time of my decease, I give and

bequeath to her absolutely:

At the death of my said wife, the real estate aforesaid,

I give and devise to my Son, to-wit: Israel Wollam,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 276)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 276)

Description

[page 276]

[corresponds to page 210 of Delaware County Will Records Vol. 8

1887-1890]


210

Peter Wollam's Will

Benjamin Wollam - Henry Wollam - George Wollam -

James Wollam, and Alfred Wollam, and my daughters

as follows, to-wit: Rachel Shaver, and her heirs,

Katy Ann Kaylor, to her and her heirs, to be equal=

=ly dived between them.

If, however, either of my children should die before

the decease of my wife, leaving no children living, at the

decease of my said wife then the share of property above

devised to such deceased child, is hereby devised and be=

=queathed to the other children equally, and their heirs.


Item 2d It is my bequest that no bills shall ever be brot for

board nor any board charged to Israel Wollam - Alfred Wol=

=lam - Benjamin Wollam and Amanda Beard, during the

life of my said wife.

Item 3d I devise also that Alfred Wollam farm the place and

keep and provide for mother (to farm as he-thinks best.)

Item 4th I devise that the beds and bed clothing be divided equally

among the children at the death of my said wife.

Item 5th I do hereby nominate and appoint George Wollam and

Alfred Wollam Executors of this my last Will and Tes=

=tament, hereby authorizing and empowering them to com=

=promise, adjust release and discharge in such manner

as they may deem proper the debts and claims due me.

I also authorize and empower them if it shall become

necessary in order to pay my debts to sell by private

sale, or in such manner, upon such terms of credit, or

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

my real estate, and deeds to purchasers to execute, ac=

knowledge and deliver in fee simple.

I desire that no appraisement and no sale of my person=

=al property be made, and that the Court of probate direct

the omission of the same in pursuance of the Statute -

Item 6th I further devise and direct that any of the aforesaid parties

objecting or squealing shall have nothing.

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 March. in the year 1884.

his

Peter X Wollam {seal}

mark

Signed and acknowledged by Peter Wollam as his last

Will and Testament, in our presence; and signed by us

in his presence.

Robt McCrory

J.B. Wells
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 277)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 277)

Description

[page 277]

[corresponds to page 211 of Delaware County Will Records Vol. 8

1887-1890]



211

Ann Robert's Will

Journal Entry.

June 20th 1888.

In the Matter of the Will }

of Ann Roberts, deceased }

This day, an instrument of

writing, purporting to be the last Will and Testament

of Ann Roberts, late of Radnor Township, in this

County, deceased, was produced in open Court for

Probate; On Consideration Whereof, it is ordered that

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

notice thereof, and of the application to admit the same

to probate and record, be given to Milo Fleming -

David Lawrence and Margaret Jones - 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 July A.D. 1888 at 10 o'clock

A.M., (Wirt Lawrence nephew of said Testatrix hav=

=ing waived notice and consented to the probate of said

Will).
N.F. Overturf

Probate Judge
Waiver.

I, the undersigned, nephew & Legatee of the within named

decedent, hereby waive further notice and consent to the probate

of said Will.

Dated this 20 day of June.A.D. 1888.

Wirt Lawrence.

Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County,ss.}

In the Matter of the last Will and

Testament of Ann Roberts, deceased.

To Milo Fleming - David Law=

=rence and Margaret Jones:

You are hereby notified that on the

20th day of June A D 1888 an instrument of writing, pur-

=porting to be the last Will and Testament of Ann Roberts

late of Radnor Township, in said County, deceased, was pro=

=duced in open Court, and an application to admit the same

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

application will be for hearing before this Court on the 2nd

day of July A.D. 1888 at 10 o'clock A.M.

N. F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 30 day of June. A.D.

1888
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 278)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 278)

Description

[page 278]

[corresponds to page 212 of Delaware County Will Records Vol. 8

1887-1890]

212

Ann Robert's Will

Return.

The State of Ohio ]

Delaware County,ss. ] Wirt Lawrence being duly sworn,

says that on the 26th, 28th & 30th days

of June. A.D. 1888, he served the within notice by deliver=

=ing a true copy thereof to the within named Milo Flem=

=ing - David Lawrence and Margaret Jones.

Wirt Lawrence

Subscribed in my presence and sworn to before me this

2nd day of July. 1888.

N.F. Overturf

{Seal} Probate Judge.

Probate of Will.

The State of Ohio In Probate Court.

Delaware County ,ss.
Personally appeared in open Court

Mary E. Cone and Jno. A. Cone, the subscribing

witnesses to the last Will and Testament of Ann Rob=

erts, late of Radnor Township in said Delaware Coun=

=ty, deceased; who being duly sworn according to law, to

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

truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the 14"

of August. A.D. 1883. purporting to be the last

Will and Testament of Ann Roberts now deceased,

is the Will of said deceased, Ann Roberts, 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 Ann Roberts, deceased, sign and

seal said Will and Testament, and that the said

Ann Roberts, at the time of making, signing and seal=

=ing said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint.

Mary E. Cone

Jno. A. Cone.

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

this 2d day of July. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 279)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 279)

Description

[page 279]

[corresponds to page 213 of Delaware County Will Records Vol. 8

1887-1890]

213

Ann Robert's Will

Journal Entry.

July 2nd 1888,


In the Matter of the Will of }

Ann Roberts, deceased. } Be it remembered, that here=

=tofore, to-wit: on the 20" day

of June. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Ann Roberts,

late of Radnor Township, in this County, deceased, was

produced in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

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

of the application to admit the same to probate and record

in this Court, has been given to Milo Fleming - Dav=

=id Lawrence and Margaret Jones, heirs and next of

kin of the Testatrix, resident of the State of Ohio, pur=

=suant to a former order of this Court; therefore on this

day came Mary E. Cone and Jno. A. Cone the sub=

=scribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will Which testimony was 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

Ann Roberts, deceased. That the same was duly

executed and attested; and that the said Testatrix, at

the time of making, signing and sealing said Will,

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

under any restraint. It is, therefore, by the Court order-

=ed, that the said Will be admitted to probate, and

that the same, together with the testimony of the witness-

=es above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.

Copy of Will.

In the name of the Benevolent Father of All,

I Ann

Roberts of Delaware County Ohio, being of sound and

disposing mind do make and publish the following my

last will and testament.


Item 1st I will and direct that all my just debts and funeral

expenses be paid out of my estate, and in case there

be anything of my estate left after paying such debts

and expenses I wish to have erected at my grave a

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 280)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 280)

Description

[page 280]

[corresponds to page 214 of Delaware County Will Records Vol. 8

1887-1890]

214

Ann Robert's Will.

suitable monument to be inscribed with my own and

my deceased Husbands names.


Item Second: I appoint and constitute my nephew Wirt Law:

rence, Executor of this Will and hereby empower and

authorize him to sell and convey by good and sufficient

conveyance, without obtaining any order or authority of

or from any Court, my house and lot, and apply the

proceeds thereof in payment of my said debts expenses

&c and in case there be any surplus after paying said

debts &c, I hereby will and bequeath the said surplus

to my said nephew Wirt Lawrence and also I give

and bequeath to said Wirt Lawrence all my person=

=al goods and chattels moneys and credits: and request that

none of my clothing or house-hold goods shall be sold,

but said Wirt Lawrence shall take charge of and

keep the same.

Item third: I will and direct that there be no appraisement nor

sale of my goods, and request that the Court of proper

jurisdiction order that there be no further proceedings

in said Court, in reference to this Will than to

admit the same to probate and record.

I hereby revoke all former

wills by me made.

Witness my signature this 14" day of

August 1883. her

Ann X Roberts.

mark

Signed by the said Ann Roberts in our presence

and by her declared to be her last will and testament

in our hearing, and signed by us at her request as wit=

=nesses, in her presence, and in the presence of each

other, on the day above written.

Mary E. Cone

Jno. A Cone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 281)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 281)

Description

[page 281]

[corresponds to page 215 of Delaware County Will Records Vol. 8
z
1887-1890]

215

Frederick Oesterle's Will.

Journal Entry

June 9th 1888.

In the Matter of the Will }

of Frederick Oesterle, decd }

This day, an instrument of

writing, purporting to be the last Will and Testament of

Frederick Oesterle, late of Delaware City, in this

County, deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the said

Will be filed in this Court, and that due notice

thereof, and of the application to admit the same to

probate and record, be given to Matilda Oesterle, wid=

=ow, Adelia B. Oesterle - Helen E. Tipton - Fred C.

Oesterle - Matilda S. Donhimer - Amelia L. Oesterle -

Clara N. Oesterle - Francis N. Oesterle - and Edward

O.L. Oesterle heirs and next of kin of the Testator,

resident of the State of Ohio that said application

will be for hearing before this Court on the 12th day

of June. A.D. 1888, at 2 o'clock P.M.

N.F. Overturf

Probate Judge.

Waiver.

We the undersigned waive the issuing of notice and con=

=sent to the probate of the Will of Frederick Oesterle,

this 12th day of June. A.D. 1888.

Matilda Oesterley, widow, &

Fredrick C. Oesterle, Son of

Frederick Oesterle.


Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County,ss. }

In the matter of the last Will and

Testament of Frederick Oesterle, deceased.

To Adelia B. Oesterle - Helen E.

Tipton - Fred C. Oesterle - Matilda Donhimer - Amelia

L. Oesterly - Clara N. Oesterle - Francis N. Oesterle,

Edward O.L. Oesterle.

You are hereby notified that on the 9" day

of June. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Frederick Oes=

=terle, late of Delaware Township, in said County, de=

=ceased, was produced in open Court, and an application

to admit the same of probate was on the same day

made in said Court. Said application will be for hear=

=ing before this Court on the 12th day of June. A.D. 1888,

at 2 o'clock , P.M.

N.F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 282)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 282)

Description

[page 282]

[corresponds to page 216 of Delaware County Will Records Vol. 8

1887-1890]

216

Frederick Oesterle's Estate,

Dated at Delaware Ohio, this 9" day of June. 1888.


Return,


The State of Ohio }

Delaware County,ss } Frederick C. Oesterle being duly

sworn, says that on the 9" day of

June, A.D. 1888. he served the within notice by de=

=livering a true copy thereof to the within named

Adelia B. Oesterle - Helen E. Tipton - Matilda

Donhimer - Amelia L. Oesterle. Clara N. Oesterle

Francis N. Oesterle - Edward O.L. Oesterle.

Frederick C. Oesterle.

Subscribed in my presence and sworn to before me this

12" day of June. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

June 12 1888.

In the Matter of the Will of }

Frederick Oesterly, deceased. } Be it remembered, that

heretofore, to-wit: on the 9"

day of June. A.D. 1888, an instrument of writing, pur=

=porting to be the last Will and Testament of Frederick

Oesterle, late of Delaware City, in this County, de=

=ceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction

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

and of the application to admit the same to probate

and record in this Court, has been given to Matilda

Oesterle, widow, Adelia B. Oesterle - Helen E. Tipton

Fred C. Oesterle- Matilda S. Donhimer Amelia

L. Oesterle - Clara N. Oesterle. Francis N. Oesterle.

and Edward O.L. Oesterle heirs and next of kin of

the Testator, resident of the State of Ohio. pursuant

to a former order of this Court; Neither of the subscrib.

=ing witnesses to said Will appearing in Court this

cause is continued until the 13" day of June. A.D.

1888.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 283)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 283)

Description

[page 283]

[corresponds to page 217 of Delaware County Will Records Vol. 8

1887-1890]




217

Frederick Oesterle's Estate,

Testimony of Witness.


In Probate Court } In the matter of proving the last

Will

Delaware County, Ohio. } and Testament of Frederick

Oesterle, deceased


The State of Ohio }

Delaware County,ss } Werter B. Albright, being duly sworn

and examined as a witness in the

above entitled matter, says; I was present at the exe=

=cution of the instrument now shown to me, bearing

date the 30" day of August. A.D. 1884, and offered for

probate as the last Will and Testament of Frederick

Oesterle, late of Delaware Township, in said County

of Delaware, deceased, and saw the said Frederick Oes=

=terle, now deceased, sign and seal said instrument,

and heard him acknowledge the same to be his last

Will and Testament; and I, thereupon, at his request, and

in his presence, subscribed my name to the same as a

witness. The said decedent, at the time of making,

signing and sealing said instrument, was of full age, of

sound mind and memory, and not under any restraint.

Werter B. Albright

Sworn to and subscribed by said witness in open

Court, this 13" day of June. A.D. 1888

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

June 13 1888,

In the Matter of the Will Of }

Frederick Oesterle, deceased } This day came Werter B.

Albright, one of the subscrib.

=ing witnesses to said Will of Frederick Oesterle, dec-,

and after being duly sworn testified to the due execu=

=tion and attestation of said Will. Which testimony

was reduced to writing, by him subscribed, and filed

with said Will.

And it appeared that William A. Smith, one of

the subscribing witnesses to said Will, is a resident

of San Diego, California, and is without the jurisdic=

=tion of this Court, it is therefore ordered that a Com=

=mission with the Will annexed issue herein to

Frank S. Jennings of San Diego, California,

directing him to take the deposition of said subscribing

witness, and return the same duly verified, with all

convenient speed to this Court

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 284)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 284)

Description

[page 284]

[corresponds to page 218 of Delaware County Will Records Vol. 8

1887-1890]

218

Frederick Oesterle's Will.

Commission.


To take Testimony of Witness to Will


The State of Ohio } To Frank S. Jennings, Greeting:

Delaware County, ss. }


Know Ye That we, in confidence of your

prudence and fidelity, have appointed you and by these

presents do give you full power and authority to examine

and take the deposition of William A. Smith one of

the subscribing witnesses to the last Will and Testament

of Frederick Oesterle, decd, 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 Wil=

=liam A. Smith 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 Frederick Oesterle, decd and that you

reduce such examination to writing, and return the same,

together with this Commission and the Will of the

said Frederick Oesterle, thereto annexed, closed up under

your seal, into our said Probate Court, with all conven=

=ient speed.

In Testimony Whereof, I, N.F. Over-

=turf, Judge of the said Court, have hereunto set my

hand and affixed the seal of said Court, at Delaware

Ohio, this 13" day of June. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


Copy of Will.


I, Frederick Oesterle, a resident of the City of

Delaware in the State of Ohio, of lawful age, and

sound mind and memory, revoking all other former

testamentary writings do make and publish this my

last Will and Testament.


Item First, I do hereby nominate and appoint my beloved wife

Matilda, Guardian of my minor daughters Amelia

Louisa, Clara Nellie and Nettie Francis, until they

shall arrive at the age of Eighteen years or shall in=

=termarry, and of my minor son Otto Edward Leopold

until he shall arrive at the age of twenty one years.

But in case my wife should again marry, her

guardianship of said children shall determine upon

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 285)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 285)

Description

[page 285]

[corresponds to page 219 of Delaware County Will Records Vol. 8

1887-1890]




219

Frederick Oesterle's Will.


her intermarriage, and in her place I do hereby nomi=

=nate my beloved children Adelia B. Helen E.

and Frederick Charles, to have the guardianship of

said children until they shall become of lawful age

or shall intermarry.

Item Second: I do hereby nominate and appoint my beloved wife

Matilda, Executrix of this my last Will and Tes=

=tament, hereby authorizing and empowering her to

compromise, adjust, release, and discharge in such

manner as she may deem proper the debts and claims

due me. I do also authorize and empower her if it

shall become necessary in order to pay my debts,

to sell by private sale or in such manner as

she may think proper all or any part of my Real

Estate and deeds to purchasers to execute, acknowl=

=edge and deliver in fee simple.

I also empower her to collect all rents, interest and

dividends due my estate, and if moneys which

may be at interest, or otherwise invested for profit,

shall become due, or she shall deem it best and exped=

=ient to convert them into money, I hereby authorize her

to collect and receive them and convert them into money,

and to reinvest as she may deem best.

I hereby authorize her to apply all rents, interest and prof=

=its of investments to the maintenance of herself and my

minor children, or so much thereof as may be neces=

=sary to their reasonable support. The balance of

such rents, interest and profits to be reinvested as

principal for the benefit of my estate.


Item Third: I give and devise to my beloved wife Matilda in lieu

of her dower the homestead residence in which I now

reside so long as she may remain my widow.

But if my wife shall again marry then the estate here-

=in created shall determine upon her inter marriage, in

which case my desire is that her dower be assigned

according to law.

Item Fourth: I desire that my business property, situate on the

North East corner of William and Sandusky Streets in

the City of Delaware Ohio, be not sold during the

minority of any one of my children, but that the same

shall be rented for a reasonable rental, to a responsible

tenant who shall give good and sufficient security for the

payment of the rent. And further that if said prop=

=erty shall be let for use as a restaurant or saloon

where alcoholic spirituous or malt liquors shall be sold,

that the tenant thereof, in addition to the security

for the rental thereof shall give ample secured bond

to my Executrix indemnifying her and my heirs.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 286)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 286)

Description

[page 286]

[corresponds to page 220 of Delaware County Will Records Vol. 8

1887-1890]

220
Frederick Oesterle's Will.

against any and all damages, taxes or license that may

be assessed against said property or which may be or

in any event might become a lien upon said property

by reason of the character of the business carried on there=

=in, under any law or ordinance now in force or which

may be hereafter enacted or ordained by any municipal,

state or national authority.

Item Fifth, In case my son Frederick Charles shall elect to

rent the said business property, I desire that he

have the refusal of the same, at a reasonable rental,

provided that he shall give security and bond as set

forth in Item Fourth. But I desire that my

wife be not accepted as security for for my son or

another.

Item Sixth: I give and bequeath to my son Frederick Charles,

all the Counter show cases, tables, chests,

chairs and other furniture which may be in the said

business property at the time of my decease, not in=

=cluding the stock in trade. Provided that he shall

elect to continue business in said property and shall

contract for the rental of the same as set forth in Item

Fourth. Otherwise the said property to be sold or

otherwise disposed of as may to my Executor seem

expedient.

Item Seventh. I desire that the principal of any and all invest=

=ments be kept intact and undiminished except in

case of necessity for repairs, or otherwise rendered neces=

=sary by fire or other casualty.

Item Eighth. I desire that no division or partition of my estate be

made during the minority of any one of my children,

except as otherwise herein provided.

Item Ninth: If when all my children shall have attained their

majority they shall elect to divide and partition, they shall

be free to do so, provided that the dower assigned to my

wife shall be sufficient for her reasonable support so long

as she remain my widow.

But if it shall appear that her dower so assigned

would not be sufficient for her reasonable support,

during widow hood, I desire that no division or par=

tition be made so long as she may remain my wid=

=ow. but that my business property above mentioned

shall continue to be rented, and the rental thereof to=

=gether with the interest and profits of investments or

as much thereof as may be necessary to her reason=

=able support shall be so applied.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 287)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 287)

Description

[page 287]

[corresponds to page 221 of Delaware County Will Records Vol. 8

1887-1890]

221
Frederick Oesterle's Will

Item Tenth: If my wife should again marry during the minority

of any one of my children I desire that her trust as

Executrix of this my will shall determine upon

her intermarriage, and that her lawful dower be

assigned.

And if she should marry after all my children have

attained their legal majority then her trust as Execu=

=trix of this my will shall be determined upon her

intermarriage, and her lawful dower by assigned, and

the remainder of my estate according to law.

Item Eleventh: If my Executrix should deem it expedient, I hereby

authorize her by and with the advise and consent of each

of my children as may have attained their majority, to

sell and convey any part of the whole of the homestead

in which I now reside. and deeds to execute and deliver

in fee simple, provided that so much of the proceeds

thereof as she may deem proper shall be reinvested

in a homestead for my widow and minor children.

which new homestead shall be conveyed to my Execu=

=tor in trust for the use of my heirs at law, and shall

be and remain to her use during her widowhood as

set forth and provided in Item third of this my

Will.

Item Twelve I give to my beloved wife Matilda all the goods and

household furniture which may be in my homestead

at my decease:

I enjoin upon the guardian of my minor children the

duty of giving them a good english education, and cultur:

=ing them in habits of truth, economy and industry.

And my desire and intention in this will is to

give to my beloved wife Matilda so long as she

may remain my widow, excepting as provided herein,

ample power and authority to invest my moneys, col=

=lect rents and interest and carry on business for the

support maintenance and education of my minor child=

=ren with prudence & care not to the disparagement

of my older children as I if living would reasonably

be expected to do. but that nothing herein shall be

so construed as to authorize her to engage any part

of my estate in any trade, trafic, or merchantile bus=

=iness in which she shall be sole or a partner.

In testimony

whereof I have hereunto set my hand and seal this

30" day of August in the year of Our Lord One

Thousand Eight hundred and Eighty four.

Frederick Oesterle {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 288)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 288)

Description

[page 288]

[corresponds to page 222 of Delaware County Will Records Vol. 8

1887-1890]


222

Frederick Oesterle's Will.

Subscribed in our presence by Frederick Oesterle

and by him acknowledged to be his last will and testa=

=ment and by us subscribed as witnesses in his presence

and in presence of each other, the day and year above

written, and done at the request of the Testator.


William A. Smith

Werter B. Alright.


Deposition of Witness to Will


The State of California } In the Matter of the Last Will and Testament

San Diego County,ss. } of Frederick Oesterle.


Personally appeared before me Frank S. Jennings,

Commissioner, William A. Smith one of the subscrib-

=ing witnesses to the last Will and Testament of Freder=

=ick Oesterle late of Delaware Township in said Del=

=aware County, deceased, who being by me first duly

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

truth, and nothing but the truth, in relation to the exe=

cution of said Will, deposes and says: That he was

present at the execution of the paper before him bearing

date the 30" day of August. A.D. 1884, purporting to be

the last Will and Testament of Frederick Oesterle now

deceased, whose name is signed at the end thereof, and

at the request of said deceased, he subscribed his name

to the same as a witness in his presence; that he saw

the said Frederick Oesterle sign and seal said Will,

and heard him acknowledge the same to be his last

Will and Testament, and that the said Frederick

Oesterle at the time of making, signing and sealing

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

and not under any restraint.

William A. Smith.


The State of California }

San Diego County. ss. } I, Frank S. Jennings, duly

appointed and commissioned by

the Judge of the Probate Court of the County of Del=

=aware and State of Ohio to take the testimony of Wil=

=liam A. Smith, one of the subscribing witnesses to

the last Will and Testament of Frederick Oesterle ,

deceased, late a resident of said County and State, which

Commission, and the said Will are hereto annexed, do

hereby certify that in pursuance of said Commission

I caused the above named William A. Smith, sub=

=scribing witness as aforesaid to appear before me, at
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 289)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 289)

Description

[page 289]

[corresponds to page 223 of Delaware County Will Records Vol. 8

1887-1890]

223

Frederick Oesterle's Will

San Diego, California, on the 27th day of June. 1888,

that he was first duly sworn by me, according to law,

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

the truth; that I examined him in relation to the

execution of said Will, and reduced his testimony to

writing as above set forth in his presence and that he

signed the same in my presence, and I further certify

that I am not Counsel, Attorney, or Relative of any

of the parties named in said Will, or otherwise inter=

=ested in the Probate thereof.
In witness whereof I

have hereunto set my hand, this 27th day of June.

A.D. 1888.
Frank S. Jennings.

Commissioner

Journal Entry.

July. 9" 1888.

In the Matter of the Will of }

Frederick Oesterle, decd }

The Commission heretofore

issued herein to take the testimony of William A.

Smith, one of the subscribing witnesses to the Will

of said Frederick Oesterle, deceased, was this day

returned duly executed, and the same was filed

herein.

And it appearing to the Court from the examination

of the former witness, and from the deposition of the

said William A. Smith, that the aforesaid instru=

=ment of writing is the last Will and Testament of

said Frederick Oesterle, deceased. That the same

was duly executed and attested; and that the said Tes=

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

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

not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate and

that the same, together with the testimony of the witness=

=es above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 290)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 290)

Description

[page 290]

[corresponds to page 224 of Delaware County Will Records Vol. 8

1887-1890]

224
Michael Leitners Will

Journal Entry.

July 25 1888

In the Matter of the Will of }

Michael Leitner, deceased } This day, an instrument of

writing, purporting to be the

last Will and Testament of Michael Leitner, late of Dela=

=ware Township, in this County, deceased, was produced in

open Court for Probate. On Consideration Whereof, it

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

And it appearing to the Court that there is no widow

or next of kin of the Testator resident of the State of

Ohio, no Notices were issued. And it further ap=

=pearing to the Court that Alex W. Krumm and

Christopher Turkoff, the subscribing witnesses to said

Will, are residents of Columbus, Franklin County. Ohio,

and are without the jurisdiction of this Court, it is there=

=upon ordered, that a Commission , with the Will annex:

=ed issue herein to Albert Krumm of Columbus,

Franklin Co. Ohio, directing him to take the testimony

of said subscribing witnesses, and return the same, ac:

=cording to law, with all convenient speed,to this

Court. And this matter is continued until Friday

the 27th day of July. A.D. 1888.

N.F. Overturf

Probate Judge.


Commission


To take Testimony of Witness To Will.


The State of Ohio } ss To Albert Krumm, of City of Columbus,

Delaware County. } Franklin Co. Ohio. 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 Christopher Turkopp and Alex W. Krumm subscribing

witnesses to the last Will and Testament of Michael

Leitner 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 Christopher Turkopp and Alex W.

Krumm 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

Michael Leitner and that you reduce such examination

to writing, and return the same, together with this Com=

=mission and the Will of the said Michael Leitner
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 291)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 291)

Description

[page 291]

[corresponds to page 225 of Delaware County Will Records Vol. 8 1887-1890]

225

Michael Leitners' Will

thereto annexed, closed up under your seal, into our said

Probate Court, with all convenient speed.

In Testimony Whereof,

I, N.F. Overturf, Judge of the said Court, have here=

=unto set my hand and affixed the seal of said Court,

at Delaware O. this 25" day of July. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


"Copy of Will"

Last Will and Testament of

Michael Leitner.


I, Michael Leitner of Delaware, Delaware County,

State of Ohio, of sound and sane mind and memory,in

full possession of all my faculties, and in good health

and spirits, but becoming old, and appreciating the uncer=

=tainty of this life, and being desirous of making a just

and proper disposition of my property after my death,

do hereby make and publish this my last Will and

testament, hereby revoking any and all former last wills

and testaments by me made:

I. It is my will that all my just debts and funeral ex=

=penses be paid by my Executor hereinafter named, as

soon after my death as the same can conveniently be

done:

II. I next give and bequeath to William Fleckner, Hen=

=ry Fleckner. Conrad Fleckner and Maria Fleckner (now

wife of Henry Hummel) all being children of my deceased

wife Katharine Fleckner, by a former husband, each

the sum of Five Dollars (Each $5.00) Said four above

named children, together with one other since deceased

without issue, were the children of my aforesaid wife at

the time of her marriage with me, and were not adopted

by me as my children, but I agreed with my said wife

to raise them, which I have done, and furthermore they

have not been as kind to me as they might or should

have been, and moreover I have done them each and all

many services including various sums of money ad=

=vanced to several of them, which have never been return=

=ed. This bequest I have made principally to show

that they have not been forgotten nor ignored by me.


III. I do next give, devise, and bequeath all the rest

and residue of my property, real personal and mixed of

whatsoever kind and wheresoever the same may be,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 292)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 292)

Description

[page 292]

[corresponds to page 226 of Delaware County Will Records Vol. 8 1887-1890]

226

Michael Leitner's Will

including my real estate in Delaware. Ohio, after de=

ducting therefrom the foregoing bequests and the costs of

administering the trust hereby created including a fair com=

=pensation to my Executor, to Anna Maria Ruege

(or Ruoyn) (now Schueller, and wife of Philip Schuel=

=ler) now in Garnsdorf Bonigriff Weissenburg Mittelfranken

Banigreich Bayern Germany Anna Maria Ruege was born in Weimar.

Weissenburg Bayern Germany and is my own daughter

by Katharine Ruge In case of the

death of my said daughter Anna Maria Ruege before

mine, it is my will that all my property of whatsoever

kind as aforesaid, shall be given, and I do hereby so give

devise, and bequeath the same to her children, issue of

her body share and share alike, and to her or their (as

the case may be) heirs and assigns forever.


IV. I do nominate, and appoint my friend Frederick Tur=

kopp of Columbus, Ohio, to be the Executor of this my

last Will and Testament, with the request and direction

that he be not required to give any bond whatsoever for

the performance of the trust hereby created. In case of

the inability, death, or refusal of said Fred. Turkopp

to assume this trust, then it is my will that his

brother Henry Turkopp be and he is hereby appointed

to assume and discharge the same, with a like direction

as to bond.

My Executor shall in every respect have full, complete

and unqualified control of all my property for the benefit

of my legatees and devisees with full power and authority

to sell the same including real estate, and any or ev=

=ery part and parcel thereof, either at public or private

sale, upon such terms, for such price, and at such times

as he my said Executor shall in his discretion determine

without restraint, and without any legal process, or any

order of any Court.

Said Executor is to account to my devisees and lega=

=tees; either to convey said premises as herein provided

and account for the proceeds, or if agreeable to all, my said

real estate may be taken by said Anna Maria Ruege

without sale, that is to say if agreeable to said Ruege

and my Executor, but in no event is the purchaser at

said sale or sales to be responsible in any wise for the

application of the proceeds thereof, and such sales are to

be made without reference to that application of the proceeds

and the title to property, so sold shall be free and clear of

any liability or responsibility for the application of the pro=

=ceeds thereof.

In witness whereof, I have hereunto

subscribed my name this 15th day of January. A

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 293)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 293)

Description

[page 293]


[corresponds to page 227 of Delaware County Will Records Vol. 8

1887-1890]



227

Michael Leitner's Will

D 1878.
Michael Leitner


Signed, declared, acknowledged, and published by the

said Michael Leitner in our presence, as and for his

last Will and Testament, and by us signed as witnesses

thereto at his request, in his presence, and in the pres=

=ence of each other, this 15th day of January. A.D.

1878.
John Hoelcher

Christ Turkopp

Alex W Krumm.


Deposition of Witness to Will.


The State of Ohio } In the Matte

} of the last Will and Testament

Franklin County.ss } of Michael Leitner


Personally appeared before me Albert Krumm, Com=

missioner, Christ Turkopp and Alex W. Krumm,

subscribing witnesses to the last Will and Testament of

Michael Leitner, late of Township in said Delaware

County, deceased, who being by me first duly sworn accord=

=ing to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will,

depose and say: That they were present at the execution

of the paper before them bearing date the 15th day of Jan=

=uary A.D. 1878, purporting to be the last Will and Tes=

=tament of Michael Leitner now deceased, whose name is

signed at the end thereof, and at the request of said deceased

they subscribed their names to the same as witnesses in

his presence; that they saw the said Michael Leitner sign

and seal said Will, and heard him acknowledge the same to

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

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

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

any restraint.

Christ Turkopp.

Alex W. Krumm

The State of Ohio }

Franklin County.ss. } I, Albert Krumm, duly appointed

and commissioned by the Judge of

the Probate Court, of the County of Delaware and the

State of Ohio, to take the testimony of Christ Turkopp

and Alex W. Krumm. subscribing witnesses to the last

WIll and Testament of Michael Leitner, deceased, late

a resident of said County and State, which Commission,

and the said Will are hereto annexed, do hereby certify
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 294)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 294)

Description

[page 294]

[corresponds to page 228 of Delaware County Will Records Vol. 8

1887-1890]

228

Michael Leitner's Will

that in pursuance of said Commission I caused the above

named Christ Turkopp and Alex W. Krumm sub=

=scribing witnesses as aforesaid to appear before me, apply

on the 26th day of July. 1888. that they were first duly

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

truth, and nothing but the truth; that I examined them

in relation to the execution of said Will, and reduced their

testimony to writing as above set forth in their presence and

that they signed the same in my presence, and I further

certify that I am not Counsel, Attorney, or Relative

of any of the parties named in said Will, or otherwise

interested in the Probate thereof.

In witness whereof I have here=

=unto set my hand, this 26th day of July. A.D. 1888.

Albert Krumm.

Commissioner.

Journal Entry.

July 27 1888.

In the Matter of the Will of }

Michael Leitner, deceased } The Commission heretofore

issued herein to take the tes=

=timony of Alex W Krumm and Christopher Turkopp

the subscribing witnesses to the Will of Michael Leit=

=ner, deceased, was this day returned, duly executed, and

the same was filed herein.

And it appearing to the Court from the depositions of the

said Alex W. Krumm and Christ Turkopp, that the

aforesaid instrument of writing is the last Will and Tes=

=tament of said Michael Leitner, deceased, That the same

was duly executed and attested, and that the said Testa=

=tor at the time of making, signing and sealing said Will,

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

any restraint. It is, therefore by the Court ordered, that

the said Will be admitted to probate and that the same

together with the depositions of the witnesses above named,

as well as the proceedings had thereon, be entered of

record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 295)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 295)

Description

[page 295]

[corresponds to page 229 of Delaware County Will Records Vol. 8

1887-1890]



229

Lucy A. Hanawalt's Estate.

Journal Entry.

July. 31st 1888.

In the Matter of the Will }

of Lucy A. Hanawalt, decd }

This day, an instrument of

writing, purporting to be the last Will and Testament

of Lucy A. Hanawalt, late of Liberty Township, in

this County, deceased, was produced in open Court

for Probate: On Consideration Whereof, it is ordered

that the said Will be filed in this Court.

And thereupon came Charles Hanawalt, widower of

said Testatrix, and for himself and Letta S. Hana=

=walt (only heir of said Testatrix, aged 4 months) in

writing, waived the issuing of service and consented to

the probate of said Will. And it is ordered the

hearing of said application be set for Wednesday

the 8th day of August. A.D. 1888, at 1 o'clock P.

M., to which time this matter is continued .

N.F. Overturf

Probate Judge.

Waiver.

I the undersigned husband, & father of Infant, of the

within named decedent, hereby waive further notice

for my self & said Infant. Letta Hanawalt, and con=

=sent to the probate of said Will.

Dated this 31st day of July. A.D.1888.

Charles Hanawalt.


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County, ss. }

Personally appeared in open Court

William Fry and F.M. Marriott the subscribing wit=

=nesses to the last Will and Testament of Lucy Ann

Hanawalt, late of Liberty Township, in said Delaware

County, deceased; who being duly sworn according to

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

but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bear=

=ing date the 16" day of July. A.D. 1888, purporting

to be the last Will and Testament of Lucy Ann Han=

=awalt; now deceased, is the Will of said deceased Lucy

Ann Hanawalt, that they were present at the ex=

=ecution of said Will, and at the request of the Testa=

=trix, respectively subscribed their names to the same
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 296)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 296)

Description

[page 296]

[corresponds to page 230 of Delaware County Will Records Vol. 8 1887-1890]

230

Lucy Ann Hanawalt's Estate

as witnesses, in her presence; that they saw the said

Lucy Ann Hanawalt deceased, sign and seal said

Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Lucy

Ann Hanawalt at the time of making, signing and

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

memory and not under any restraint.

William Fry

F.M. Marriott

Sworn to and subscribed by said witnesses, in open

Court, this 8" day of August. A.D. 1888.

N.F.Overturf

{Seal} Probate Judge


Journal Entry.

Aug. 8" 1888

In the Matter of the Will of

Lucy A Hanawalt, decd, Be it remembered, that hereto=

fore, to-wit: on the 31st day of

July. A D 1888, an instrument of writing, purporting to be

the last Will and Testament of Lucy A. Hanawalt

late of Liberty Township, in this County, deceased, was

produced in open Court for probate, and was then filed.

And now comes William Fry and F.M. Marriott

the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by them

respectively subscribed, and filed with said Will, where:

=upon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said

Lucy A. Hanawalt, deceased. That the same was

duly executed and attested; and that the said Testa=

=trix, at the time of making, signing and sealing said

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

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testi=

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

proceedings had thereon, be entered of record in this

Court.

N. F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 297)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 297)

Description

[page 297]

[corresponds to page 231 of Delaware County Will Records Vol. 8

1887-1890]



231

Lucy A Hanawalt's Estate.

Copy of Will.


I, Lucy Ann Hanawalt wife of Charles Hana=

=walt being of sound and disposing mind and memory

and wishing while in the possession of all my

faculties to give direction as to my property and

estate, do on this 16th day of July, In The Year

of Our Lord 1888 make and publish this my last

Will and Testament.

That is to say . I wish all my just

debts if any, funeral expenses costs of last sickness

and costs of administration of my estate paid by

my Executor hereinafter named.


Second. I give devise and bequeath unto my sister Mary

J Fry in trust for the use and benefit of my

infant child and daughter Letta S. Hanawalt,

under the restrictions and limitations following

That is to say , I give and devise all my estate

of every kind and nature whether of Real personal

or mixed, of which I may die seized to my said sis=

=ter Mary J. Fry to be by her held in trust for

the said child Letta S. Hanawalt. providing said

child shall live and marry happily, but in case of

the death of said child Letta S Hanawalt or in

case of her unhappy marriage Then I will devise

and bequeath all and singular my estate to my broth=

=ers and sisters, and their heirs forever to be divided

equally between them. I have perfect and implicit

confidence in my said Sister Mary J. Fry and

believe she will faithfully carry out my wishes

and desires and I therefore leave the question as to

the time she shall turn over unto my said child

my estate and the propriety of doing so at all entirely

and solely to her expressing the wish however that if

said child shall live and become settled with a good and

kind husband, then I wish my said said estate to be

turned over to her to be hers and her heirs forever.

I direct that my said Sister be not required to give

bonds as said Trustee. In case of my decease I

wish my said Sister to have the custody care and edu=

=cation of my said child Letta S. Hanawalt, but in

case my said husband shall refuse to let this request

be carried out and shall take said child away from

my sister then I direct that no part of my estate shall

ever be taken or appropriated for the support of said child

while so living with my said husband and should he

or any one for him ever make any demand or claim

for the support of said child. Then and in that event

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 298)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 298)

Description

[page 298]

[corresponds to page 232 of Delaware County Will Records Vol. 8

1887-1890]

232
Lucy A. Hanawalt's Estate.

I will devise and bequeath all and singular my

estate in equal parts to my brothers and sisters and

their heirs forever.

I nominate, constitute and appoint my

affectionate brother Frank R. Fry Executor of this

my last Will, and I direct that he be not required

to give bonds as such and I direct that no appraise=

=ment or inventory of my personal property be had.

I direct that so soon as the same can be done

without material sacrifice after my decease That

my said Executor sell my real estate Consisting of

the farm of One Hundred Acres purchased by me

from Mary Carpenter April. 3rd 1888. a full descript=

=ion of which will be found in the deed for said land

as recorded in Vol. 92. page 9 of records of deeds of Del=

=aware County, and for that purpose I hereby authorize

my said Executor to sell said premises either at

public or private sale and deeds therefor to the purchaser

to execute and deliver as fully as I could if living,

and the proceeds thereof after the payment of all expens=

=es and debts and costs as hereinbefore provided for together

with the proceeds of all personal property and any mon=

=eys on hand, I direct that he pay over into my said

sister the said Mary J. Fry to be by her held and

controlled for the uses and purposes hereinbefore mentioned

and stipulated.

In Witness Whereof I hereunto set my

hand and seal and thereby acknowledge this to be my last

Will and Testament this 16 day of July. 1888.


Lucy A. Hanawalt

Signed and sealed by the said Lucy Ann Hanawalt

in our presence and by her acknowledged to be her

last Will and by signed as witnesses in her

presence and in the presence of each other and at her

request this 16th day of July. 1888.

William Fry

F.M. Marriott.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 299)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 299)

Description

[page 299]

[corresponds to page 233 of Delaware County Will Records Vol. 8

1887-1890]



233

David S. Ross' Will.

Journal Entry.

July 16" 1888

In the Matter of the Will of }

David S. Ross, Deceased. }

This day, an instrument of

writing, purporting to be the last Will and Testament of

David S. Ross, late of Orange Township, in this Coun=

=ty, deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and record

be given to David M. Ross and James T. Ross, heirs

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

Ohio, that said application will be for hearing before

this Court on the 16th day of August. A.D. 1888, at

1 o'clock P.M. (Martha Ross, widow having waived

notice)

N.F. Overturf

Probate Judge.

Waiver.


I, the undersigned widow of the within named decedent, hereby

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

Dated this 16 day of July. A.D. 1888.

Martha Ross.

Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County. ss.}

In the matter of the last Will and

Testament of David S. Ross, deceased.

To James T. Ross. & David M.

Ross:

You are hereby notified that on the 16" day of July. A.

D. 1888 an instrument of writing, purporting to be the last

Will and Testament of David S. Ross, late of Orange

Township, in said County, deceased. was produced in

open Court, and an application to admit the same to pro=

=bate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 16 day of August. A.D. 1888, at 1 o'clock P.M.

N.F. Overturf

{Seal} Probate Judge

Dated at Delaware Ohio, this 16" day of July. A.D.

1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 300)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 300)

Description

[page 300]

[corresponds to page 234 of Delaware County Will Records Vol. 8

1887-1890]

234
David S. Ross' Will.

Return.

The State of Ohio }

Delaware County.ss. } Martha Ross, being duly sworn, says

that on the 23rd day of July.

A.D. 1888 and on the 10th day of August. A.D. 1888,

she served the within notice by delivering a true copy there=

=of to the within named James T. Ross and David M.

Ross.

Martha Ross.

Subscribed in my presence and sworn to before me this

16" day of Aug. 1888.

N.F. Overturf

{Seal} Probate Judge


Testimony of C.L. Case.


In Probate Court } In the Matter of the proving the Last

Will

Delaware County. Ohio} and Testament of Daivd S. Ross,

Deceased.


The State of Ohio }

Delaware County.ss } C.L. Case being duly sworn and

examined as a witness in the above

entitled matter, says: I was present at the execution of

the instrument now shown to me, bearing date the

10th day of July. A.D. 1883. and offered for probate as

the last Will and Testament of David S. Ross, late

of Orange Township, in said County of Delaware, de-

=ceased, and saw the said David S. Ross, now deceased,

sign and seal said instrument, and heard him acknowl=

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

I, thereupon, at his request, and in his presence, sub=

=scribed my name to the same as a witness. The said

decedent, at the time of making, signing and sealing

said instrument, was of full age, of sound mind and mem=

=ory, and not under any restraint.

C.L. Case.

Sworn to and subscribed by said witness in open Court,

this 16" day of August, A.D. 1888

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

August. 16" 1888.

In the Matter of the Will of }

David S. Ross, Deceased. } Be it remembered, that

heretofore,

to-wit: on the 16" day of July.

A.D. 1888, an instrument of writing, purporting to be

the last Will and Testament of David S. Ross, late

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 301)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 301)

Description

[page 301]

[corresponds to page 235 of Delaware County Will Records Vol. 8

1887-1890]



235

David S. Ross' Will


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 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 David M.

Ross and James T. Ross, heirs and next of kin of

the Testator, resident of the State of Ohio, pursuant

to a former order of this Court;

therefore, on this day came C.L. Case 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 writ=

=ing, by him subscribed and filed with said Will.

Henry W. Skeels the other subscribing witness fail=

=ing to appear, this cause is continued until the

18" day of August. A.D. 1888.

N.F. Overturf

Probate Judge.

Testimony of Henry W. Skeels.


In Probate Court } In the Matter of proving the last Will

and

Delaware County Ohio.} Testament of David S. Ross. Deceased.


The State of Ohio }

Delaware County,ss. } Henry W. Skeels, being duly sworn

and examined as witness in the

above entitled matter, says: I was present at the execu=

=tion of the instrument now shown to me, bearing date

the 10th day of July A.D. 1883, and offered for probate as

the last Will and Testament of David S. Ross, late

of Orange Township, in said County of Delaware, deceased.

and saw the said instrument, and heard him acknowledge the

same to be his last Will and Testament; and I, there=

=upon, at his request, and in his presence, subscribed my

name to the same as a witness. The said decedent,

at the time of making, signing and sealing said instru=

=ment, was of full age, of sound mind and memory, and

not under any restraint.

Henry W. Skeels.

Sworn to and subscribed by said witness in open

Court, this 18" day of August. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 302)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 302)

Description

[page 302]

[corresponds to page 236 of Delaware County Will Records Vol. 8

1887-1890]

236

David S. Ross' Will.

Journal Entry.

August 18" 1888.

In the Matter of the Will of }

David S. Ross, deceased. }

This day came Henry W. Skeels,

the other subscribing witness to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing, by him

subscribed, and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said David S. Ross, deceased.

That the same was duly executed and attested; and that

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

sealing said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had

therein, be entered of record in this Court.

N.F. Overturf

Probate Judge


Copy of Will


The Will of David Steel Ross

Lewis Center Ohio July 10th 1883.

I David S. Ross of Lewis Center Delaware County and

State of Ohio, By occupation a Blacksmith, make this

my last Will.

I give devise bequeath my estate and Property as follows

that is to say.

My Real Estate situated in Lewis Center Delaware

County Ohio I give to my wife Martha Ross, during

her life to have and to hold the above real estate situated

in the above Lewis Center Delaware County Ohio,

And after the death of my wife Martha Ross, it is

my will that the above real estate shall be divided e=

=qually between my sons David M. Ross and James T.

Ross, and my Daughter Persilla J. Lampher.

And I further require that my wife Marthia Ross shall

keep the said Property in good repair.

David S. Ross {Seal}

G.L. Case }

G.W. Ridgway } Witnesses.

Henry W. Skeels.}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 303)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 303)

Description

[page 303]

[corresponds to page 237 of Delaware County Will Records Vol. 8

1887-1890]



237

Solomon W. Spohn's Will

Journal Entry.

August 28 1888.

In the Matter of the Will of }

Solomon W. Spohn, decd } This day, an instrument

of writing, purporting to be

the last Will and Testament of Solomon W. Spohn,

late of Porter Township, in this County deceased, was

produced in open Court for Probate; On Consideration

Whereof, it is ordered that the said Will be filed in

this Court, and that due notice thereof, and of the appli=

=cation to admit the same to probate and record, be given

to M.S. Reynolds, one of the heirs of the Testator

resident of the State of Ohio, that said application

will be for hearing, before this Court on the 4th day of

September. A.D. 1888, at 10 o'clock A.M.,

Elizabeth H. Spohn, widow, and S.E. Carroll, heir of

said Testator, having waived the issuing of Notice

and consented to the probate of said Will.

N.F. Overturf

Probate Judge.

Waiver.

We, the undersigned widow and children of the within

named decedent, hereby waive further notice, and consent

to the probate of said Will.

Dated this 23rd day of June. A.D. 1888

Elizabeth H. Spohn, Widow

S.E. Carroll.

M.S. Reynolds. Dated this 4" Sept. 1888.


Probate of Will.

The State of Ohio } In Probate Court

Delaware County.ss.}

Personally appeared in open Court

John K. Haiden and William Penhorwood the subscrib=

=ing witnesses to the last Will and Testament of Solomon

W. Spohn, late of Porter Township in said Delaware

County, deceased, who being duly sworn according to law

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

truth, in relation to the execution of said Will, depose and

say: That the paper before them bearing date the 24th

day of September. A.D. 1886, purporting to be the last

Will and Testament of Solomon W. Spohn now de=

=ceased, is the Will of said deceased Solomon W. Spohn,

that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 304)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 304)

Description

[page 304]


[corresponds to page 238 of Delaware County Will Records Vol. 8 1887-1890]


238

Solomon W. Spohn's Will,

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

that they saw the said Solomon W. Spohn, deceased

sign and seal said Will, and heard him acknowledge

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

the said Solomon W. Spohn at the time of making, sign=

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

mind and memory, and not under any restraint.

John K. Haiden

Wm Penhorwood.

Sworn to and subscribed by said witnesses, in open court

this 4th day of September. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge



Journal Entry.

Sept. 4 1888.

In the Matter of the Will }

of Solomon W. Spohn, decd } Be it remembered, that here=

tofore, to-wit: on the 28" day of

August. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Solomon W.

Spohn, late of Porter Township, in this County, deceased,

was produced in open Court for probate, and was then filed.

And it appearing to the Court that Elizabeth H. Spohn

widow, and S.E. Carroll and M.S. Reynolds the heirs and

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

have each waived notice and consented to the probate of

said Will, therefore on this day came John K. Haiden

and Wm. Penhorwood the subscribing witnesses to said

Will, who being duly sworn, testified to the due exe=

=cution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said Solomon W. Spohn, deceased,

That the same was duly executed and attested; and that

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

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

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

by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testi=

=mony of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 305)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 305)

Description

[page 305]

[corresponds to page 239 of Delaware County Will Records Vol. 8

1887-1890]



239

Solomon W. Spohn's Will.

Copy of Will


I, S.W. Sphon of the Township of Porter and County

of Delaware and State of Ohio, do make and pub=

=lish this my last will and testament in manner

and form following.

That is to say,

Item 1 I give, devise, and bequeath to my beloved wife Eliza=

=beth H. Sphon, all my property both personal and

real, to have as her own, and so dispose of the same,

at her death, as she may see proper. She to pay

all my legal and just debts.

In witness whereof I have

hereunto affixed my hand and seal, as my last

will and testament this 24th day of September.

1886.

Solomon W. Spohn {Seal}

Signed and delivered in the presence of us, who have

subscribed in the presence of each other.

John K. Haiden } P.O.

William Penhorwood }

Centerburg O
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 306)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 306)

Description

[page 306]

[corresponds to page 240 of Delaware County Will Records Vol. 8

1887-1890]


240

4369 Richard Franklin's Estate.

Journal Entry.

August 29" 1888.

In the Matter of the Will of }

Richard Franklin, decd } This day, an instrument

of writing, purporting to be

the last Will and Testament, late of Scioto Town=

=ship, in this County, deceased, was produced in open

Court for Probate. On Consideration Whereof, it

is ordered that the said Will be filed in this Court,

and that due notice thereof, and of the application to ad=

=mit the same to probate and record, be given to Fanny

Burkepile and David Franklin heirs and next of

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

said application will be for hearing before this Court

on the 8th day of September. A.D. 1888, at 10

o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County,ss.}

In the matter of the last Will

and Testament of Richard Franklin, decd

To Fanny Burke=

=pile and David W. Franklin:

You are hereby notified

that on the 29" day of August. A.D. 1888, an

instrument of writing, purporting to be the last Will

and Testament of Richard Franklin, late of Scioto

Township, in said County, deceased, was produced in

open Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 8th day of September A.D. 1888 at 10 o'clock A.

M. N.F. Overturf

{Seal} Probate Judge.


Dated at Delaware Ohio, this 29th day of August

A.D. 1888.

Return

The State of Ohio }

Delaware County,ss. } A.W. Franklin being duly sworn

says that on the 8th day of Septem=

=ber. A.D. 1888, he served the within notice by delivering a

true copy thereof to the within named Fanny Burkepile

and David W. Franklin.

A.W. Franklin.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 307)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 307)

Description

[page 307]

[corresponds to page 241 of Delaware County Will Records Vol. 8

1887-1890]


241

Richard Franklin's Estate.

Subscribed in my presence and sworn to before me this

12th day of Sept. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

Sept. 8" 1888.

In the Matter of the Will }

of Richard Franklin, decd } On application of A.W. Frank=

lin, the hearing of said Will

is continued until Wednesday, the 12 day of Sept=

=ember. A.D. 1888. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.

Probate of Will.


The State of Ohio } In Probate Court

Delaware County,ss. }

Personally appeared in open Court

J.H. Hutton and W.C. Griffith the subscribing wit=

=nesses to the last Will and Testament of Richard

Franklin, late of Scioto Township in said Dela=

=ware County, deceased; who being duly sworn ac=

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

and nothing but the truth, in relation to the execution

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

bearing date the 25" day of June. A.D. 1888,

purporting to be the last Will and Testament of

Richard Franklin now deceased, is the Will of said

deceased Richard Franklin, 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 Richard Franklin deceased sign said

Will, and heard him acknowledge the same to be

his last will and Testament, and that the said

Richard Franklin at the time of making and sign=

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

memory, and not under any restraint.

J.H.Hutton

W.C. Griffith

Sworn to and subscribed by said witnesses, in open

Court, this 12th day of September. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 308)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 308)

Description

[page 308]

[corresponds to page 242 of Delaware County Will Records Vol. 8

1887-1890]


242

Richard Franklin's Estate

Journal Entry

Sept. 12" 1888

In the Matter of the Will of }

Richard Franklin, decd } Be it remembered, that here=

tofore, to-wit: on the 29th day

of August. A.D. 1888, an instrument of writing, pur=

=porting to be the last Will and Testament of Rich=

=ard Franklin, 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 fil=

=ing of said Will, and of the application to admit

the same to probate and record in this Court, has

been given to Fanny Burkepile and David W.

Franklin, heirs and next of kin of the Testator,

resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came J.H.

Hutton and W.C. Griffith the subscribing wit=

=nesses to said Will, who being duly sworn, tes=

=tified to the due execution and attestation of said

Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Richard Franklin, deceased. That the same

was duly executed and attested; and that the said Tes=

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

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

not under any restraint. It is, therefore, by the court

ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of

of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will.


The last Will and Testament of Richard Franklin,

On this twenty fifth day of June. A.D. 1888, I

Richard Franklin do make and publish this my

last Will and Testament.

Item 1st I will and devise and do hereby give to Arad W.

Franklin the Eight Hundred Dollars which is now

in his hands and for said amount I hold his the said

A.W. Franklin promissory note dated the 8th day of
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 309)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 309)

Description

[page 309]


[corresponds to page 243 of Delaware County Will Records Vol. 8

1887-1890]



243

Richard Franklin's Will

March 1887, & calling for Eight Hundred Dollars,

due one year after date at 6 pr inst said note being

secured by mortgage on the said A.W. Franklins

present homestead in the Village of Ostrander, Del=

=aware County, O. After my decease - the said

A.W. Franklin is hereby authorized to cancel the

same.

In testimony whereof I have set my signature

this 25 day of June. 1888.

Richard Franklin.

Signed by said Richard Franklin in our presence

& signed by us as witnesses in his presence.

J.H. Hutton

W.C.Griffith
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 310)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 310)

Description

[page 310]

[corresponds to page 244 of Delaware County Will Records Vol. 8

1887-1890]


244
Joshua Klein's Will

Journal Entry.

Sept. 19" 1888.

In the Matter of the Will }

of Joshua Klein, decd } This day, an instrument of

writing, purporting to be the

last Will and Testament of Joshua Klein, late of Del=

=aware Township, in this County, deceased, was produced

in open Court for Probate, On Consideration Whereof,

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

And thereupon came Isabella Stout - Benjamin

H. Klein and Permelia Olmsted heirs of the Testator,

resident of the State of Ohio, and in writing, each

waived further notice and consented to the probate of said

Will; therefore, came Harvey J. McCullough and

Jno. E McCullough, the subscribing witnesses to said

Will, who being duly sworn, testified to the due ex=

=ecution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will

and Testament of said Joshua Klein, deceased, That

the same was duly executed and attested; and that

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

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

and not under any restraint. It is, therefore, by the Court

ordered that the Will be admitted to probate and

that the same, together with the testimony of the witness=

=es above named, as well as the proceedings had thereon

be entered of record in this Court.

N.F. Overturf

Probate Judge


Waiver.

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

hereby waive further notice, and consent to the probate of

said Will

Dated this 19" day of September. A.D. 1888.

Isabella Stout

Benjamin H. Klein

Permelia Olmsted.


Probate of Will.


The State of Ohio } In Probate Court

Delaware County,ss. }

Personally appeared in open Court

Harvey J. McCullough and Jno E.McCullough the

subscribing witnesses to the last Will and Testament of

Joshua Klein, late of Delaware Township in said Del=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 311)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 311)

Description

[page 311]

[corresponds to page 245 of Delaware County Will Records Vol. 8

1887-1890]


11:14 AM 3/3/2016

245

Joshua Klein's Will


=aware 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 29" day of May. A.D. 1888. purporting to be the

last Will and Testament of Joshua Klein now de=

=ceased, is the Will of said deceased Joshua Klein,

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 Joshua Klein deceased sign and

seal said Will, and heard him acknowledge the same

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

Joshua Klein at the time of making, signing and seal=

=ing said WIll, was of full age, of sound mind and

memory, and not under any restraint.

Harvey J.McCullough

Jno. E. McCullough

Sworn to and subscribed by said witnesses, in open

Court, this 19" day of Sept. A.D. 1888.

N. F. Overturf

{Seal} Probate Judge.


Copy of Will.


In the name of the Father, Son and Holy Ghost, I. Joshua

Klein, being in ill health, but of sound and disposing mind

and memory, do make this my last will and testament.

I give my soul and body to almighty God who gave

them and pray Him to be the Protector and Defense of my

children, as He has been to me.

I desire to be buried by the side of the mortal remains

of my sainted wife, on my lot in Oak Grove Cemetery.

and further, that a suitable tomb stone, (costing about $60.)

be erected on said lot if not put up by myself.

I direct that all the expenses incurred by my death

and burial, together with the cost of the tomb stone aforesaid,

be paid out of two notes which I hold against B.H. and

Minerva Klein, and which fall due on April.1. 1888 and

April 1. 1889 respectively. Should there be a balance left

on these notes, after these expenses are paid, I direct that

such balance be divided equally among my four children

Isabella Stout, Jacob L. Klein, B.H. Klein, and

Permelia Brown.

As to the remainder of my worldly estate and all the prop=

=erty, real and personal, of which I shall die seized and pos=

=sessed. I devise, bequeath and dispose thereof in the manner

following, to-wit:

I give and bequeath to my daughter, Isabella Stout,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 312)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 312)

Description

[page 312]

[corresponds to page 246 of Delaware County Will Records Vol. 8

1887-1890]


246

Joshua Klein's Will

all my furniture and household goods, and also two notes which

I hold against B.H. and Minerva Klein, falling due on April

1, 1890, and April. 1. 1891. respectively, to be for the sole use of

herself and her children.

I give and bequeath to my son, Jacob L. Klein, the remain:

=ing three notes which I hold against B. H. and Minerva

Klein, falling due on April. 1. 1892. April 1. 1893. and April 1.

1894, respectively.

I give and bequeath to my two daughters, Isabella Stout

and Pirmilia Brown, my house and lot situated on Henry

St. in the City of Delaware, the deed of which my exec=

=tor, hereinafter named, shall take, and have the same record:

=ed, and handed over to my two daughters aforesaid.

It is my desire and request that, as soon after

my decease as shall be deemed convenient and proper, my

heirs herein named shall without any process of law, make

an amicable and peaceable disposition of my property

according to the provisions and directions of this my last

will and testament. Should they, or any of them, refuse to

accede to this request, my executor, hereinafter named,

shall proceed with this instrument according to law.

And lastly I do appoint my son Jacob L.

Klein, to be the executor of this my last will and testa=

=ment.

In testimony whereof, I, the said Joshua Klein

have to this my last will and testament subscribed my

name and affixed my seal this 29th day of May, in

the year of our Lord one thousand eight hundred and

eighty eight.

Joshua Klein. {Seal}

Signed, sealed and declared by the said Joshua Klein

as his last will and testament in the presence of us,

who, at his request and in his presence and in the pres=

=ence of each other, have subscribed our names as witness

=es thereto.

Harvey J. McCullough

Jno. E. McCullough
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 313)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 313)

Description

[page 313]

[corresponds to page 247 of Delaware County Will Records Vol. 8

1887-1890]



247

James Lampman's Will.

Journal Entry.

October 9 1888.

In the Matter of the Will

of James Lampman. Decd

This day, an instrument of

writing, purporting to be the last Will and Testament

of James Lampman, late of Berkshire Township, in

this County, deceased, was produced in open Court

for Probate; On Consideration Whereof, it is order=

:ed that the said Will be filed in this Court.

And the hearing of said Will is set for the 15 day

of October. A.D. 1888. at 11 o'clock A.M.

N.F. Overturf

Probate Judge.


Waiver.

I, the undersigned widow of the within named decedent

hereby waive further notice, and consent to the probate

of said Will.

Dated this 15 day of October. A.D.1888.

Mary Lampman




Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court

George J. Roberts and Arthur W. Neilson the subscrib=

=ing witness to the last Will and Testament of James

Lampman late of Berkshire Township in said Delaware

County, deceased; who being duly sworn according to law,

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

truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the

1st day of October A.D. 1888, purporting to be the last

Will and Testament of James Lampman now deceased,

is the Will of said deceased, James Lampman.

that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

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

that they saw the said James Lampman deceased, sign

and seal said Will and heard him acknowledge the

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

said James Lampman 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 J. Roberts

Arthur W. Neilson.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 314)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 314)

Description

[page 314]

[corresponds to page 248 of Delaware County Will Records Vol. 8

1887-1890]

248

James Lampman's Will

Sworn to and subscribed by said witnesses, in open

Court, this 15 day of October. A.D.1888.

N.F. Overturf

{Seal} Probate Judge,




Journal Entry.

October 15 1888.

In the Matter of the Will of

James Lampman, decd

Be it remembered, that

heretofore

to-wit: on the 9 day of October. A.D.1888, an instrument

of writing, purporting to be the last Will and Testament

of James Lampman, late of Berkshire Township, in

this County, deceased, was produced in open Court for

probate, and was then filed. And, it now appearing that

Mary A. Lampman, widow of said Testator, has in

writing, waived further notice, and consented to the pro=

=bate of said Will, there being no next of kin resident

of the State of Ohio, - Therefore, on this day, came

George J. Roberts and Arthur W. Neilson the sub=

=scribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will, where:

=upon the Court finds that the aforesaid instrument of writing

is the last Will and testament of said James Lampman,

deceased. That the same was duly executed and attested;

and that the said Testator, at the time of making, sign=

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

and memory, and not under any restraint. It is, there:

=fore, by the Court ordered, that the said Will be admit:

=ted to probate, and that the same, together with the testi=

=mony of the witnesses above named, as well as the pro:

:ceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will.


In the name of the Benevolent Father of All, I

James Lampman of Berkshire Township. Delaware

County Ohio, do make and publish this my last will

and testament.

First. It is my will that my just debts and all charg:

=es be paid out of my estate.

I give and devise all the residue of my estate in:

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 315)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 315)

Description

[page 315]

[corresponds to page 249 of Delaware County Will Records Vol. 8

1887-1890]


249

James Lampman's Will

=cluding the farm on which we now reside Situate

in Berkshire Township. Delaware County and State

of Ohio and known as being in Range 17. Township

4. Section 2. Lot No 6. Containing one hundred and fif=

=ty five and 3/4 acres of land and is the same land con=

=veyed by James Guiley by Deed to the said James Lamp:

=man on the 21st day of April. 1866. and Recorded June

14 1866 in Delaware County Records. Volume 54.

Page 459. to which reference is made. for greater certain=

=ty, and also a tract of 3/4 of an acre in said Township

and County. Range and Section and is a part of

lot five and was conveyed by Deed from Thacker W.

Hedges to said James Lampman on March 21 1874

and Recorded March 25 1874. in Delaware Coun:

=ty Records Vol. 66. Page 205. to Mary A. Lampman

my beloved wife.

I do hereby nominate and appoint the said Mary A.

Lampman. Executrix of this my last will and testament

hereby authorizing and empowering her to compromise,

adjust release and discharge in such manner as she

may deem proper that debts and claims due me,

I do also authorize and empower her if it shall become

necessary in order to pay my debts to sell by private

sale or in such manner. upon such terms of credit or

otherwise as she may think proper all or any part of

my real estate and deeds to purchasers to execute

acknowledge and deliver in fee simple.

I desire that no appraisement and no sale of my

personal property be made but that my Executrix be,

authorized to dispose of the same as she may deem best

and that she be not required to give bond.

In testimony hereof,

I have hereunto set my hand and seal this first

day of October in the year 1888.

James Lampman {Seal}


Signed and acknowledged by said James Lampman -

as his last will and testament in our presence and signed

by us in his presence.

George J. Roberts

Arthur W. Neilson
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 316)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 316)

Description

[page 316]

[corresponds to page 250 of Delaware County Will Records Vol. 8

1887-1890]

250

Isaac Vansickle's Will

4398 Journal Entry.

October. 12 1888.

In the Matter of the Will of }

Isaac Vansickle, deceased, } This day an instrument of

writing, purporting to be the

last Will and Testament of Isaac Vansickle, late of

Kingston Township, in this County, deceased, was pro:

=duced in open Court for Probate ; On Consideration

Whereof, it is ordered that the said Will be filed in this

Court, and that due notice. thereof , and of the application

to admit the same to probate and record, be given to Mary

A. Vansickle his widow, and A. A. Vansickle and Ber:

=tie L. Brown heirs and next of kin of the Testator, resi:

=dent of the State of Ohio, that said application will

be for hearing before this Court on the 18 day of Octo:

=ber. A.D. 1888, at 10 o'clock A.M.

M.D. Vansickle heir of said Testator, this day waived

notice, and consented to the probate of said Will.

N.F. Overturf

Probate Judge.


Waiver.

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

hereby waive further notice, and consent to the probate of said

Will.

Dated this 12 day of October. A.D.1888


Notice to Heirs.


The State of Ohio In Probate Court.

Delaware County.ss.

In the matter of the last Will and

Testament of Isaac Vansickle, deceased.

To A. A. Vansickle_ Bertie L.

Brown and Mary A. Vansickle.

| You are hereby notified that on the

12 day of October. A.D. 1888, an instrument of writing

purporting to be the last Will and Testament of Isaac

Vansickle late of Kingston Township, in said County.deceased,

was produced in open Court, and an application to admit

the same to probate was on the same day made in

said Court. Said application will be for hearing before

this Court on the 18 day of October . A.D. 1888, at

10 o'clock A.M.,

N.F. Overturf

{Seal} Probate Judge,


Dated at Delaware Ohio, this 12 day of October. A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 317)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 317)

Description

[page 317]

[corresponds to page 251 of Delaware County Will Records Vol. 8

1887-1890]



251

Isaac Vansickle's Will

Return.


The State of Ohio

Delaware County .ss M.D. Vansickle being duly sworn

says that on the 12 day of

October A.D. 1888. he served the within notice by

delivering a true copy thereof to the within named

A.A. Vansickle, and on the 13 day of October A.D.

1888, he served the within notice by delivering a true

copy thereof to the within named Bertie L. Brown and

Mary A. Vansickle.

M.D. Vansickle

Subscribed in my presence and sworn to before me,

this 18 day of Oct. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County ,ss. }

Personally appeared in open Court

W.H. Maxwell and J.C. Wood. the subscribing witness

to the last Will and Testament of Isaac Vansickle

late of Kingston 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 26 day of May. A.D. 1888. purporting to be

the last Will and Testament of Isaac Vansickle now

deceased, is the Will of said deceased Isaac Vansickle,

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 Isaac Vansickle deceased

sign and seal said Will, and heard him acknowledge

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

the said Isaac Vansickle at the time of making,

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

mind and memory, and not under any restraint.

W.H. Maxwell

J.C. Wood.

Sworn to and subscribed by said witnesses, in open

Court, this 18 day of October . A.D. 1888

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 318)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 318)

Description

[page 318]

[corresponds to page 252 of Delaware County Will Records Vol. 8

1887-1890]

252
Isaac Vansickle's Will

Journal Entry.

October 18 1888

In the Matter of the Will of }

Isaac Vansickle, deceased, }

Be it remembered, that here=

:tofore , to-wit: on the 12 day of

October. A.D. 1888. an instrument of writing, purporting

to be the last Will and Testament of Isaac Vansickle

late of Kingston Township, in this County, deceased, was

produced in open Court for probate , and was then filed.

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

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

application to admit the same to probate and record in

this Court, has been given to Mary A. Vansickle his

widow and A.A. Vansickle and Bertie L. Brown.

heirs and next of kin of the Testator, resident of the

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

therefore, on this day came W.H. Maxwell and J.C.Wood

the subscribing witnesses to said Will, who being duly

sworn testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said Will.

Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Isaac

Vansickle, deceased. That the same was duly executed

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

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

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

restraint. It is, therefore, by the Court ordered that

the said Will be admitted to probate, and that the

same, together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered

of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will.


In the name of the Benevolent

Father of all Amen

I Isaac Vansickle being of full

age and sound mind do make and publish this my

last will and testament.

Item 1 I will that my funeral expenses and the expenses of my

last sickness be paid out of any money or other property that

I may have on hand at the time of my decease.

Item 2 I will that a respectable monument be erected suitable

for both myself and my wife at my grave.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 319)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 319)

Description

[page 319]


[corresponds to page 253 of Delaware County Will Records Vol. 8

1887-1890]



253

Isaac Vansickle's Will

Item 3 I will that a decent but not expensive monument

be erected at the graves of my Father and Mother Elias

& Hannah Vansickle.

Item 4 After the above I will and bequeath to my wife Mary

A. Vansickle all the residue of my property, both

real and personal to have to use and control during the

period of her natural life and she is hereby empowered

to settle all claims for or against my estate collect

any monies or dispose of any property as she may think

best without any letters of administration or bonds or

appraisement whatever.

Item 5 After the decease of my wife then whatever property

remains to be devided according to law among my

legal representives.

As witness my hand this 26th

day of May . A.D. 1888.

Isaac Vansickle.

Signed and acknowledged as his last will and testa:

=ment by the said Isaac Vansickle in our presence

and signed by us in his presence.

W.H. Maxwell.

J.C. Wood.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 320)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 320)

Description

[page 320]

[corresponds to page 254 of Delaware County Will Records Vol. 8

1887-1890]

254

Nudeget J. Callaher's Will

Journal Entry.

October 30 1888.

In the Matter of the Will of

Nudeget J. Galleher, deceased.

This day an instrument of writing

purporting to be the last Will and Testament of Nudeget J.

Galleher, late of Delaware City, in this County, deceased.

was produced in open Court for probate , On consideration where:

of, it is ordered that the said Will be filed in this Court.

And thereupon came Eliza Galleher, widow of said Testa=

:tor, and Leroy K. Galleher and Annie B. Galleher, only heirs

of said Testator, and in writing, waived further notice and

consented to the probate of said Will. And the hearing

for the proving of said Will is set for Wednesday the 31st

day of October. A.D. 1888, at 10 o'clock A.M.

N.F. Overturf

Probate Judge.

Waiver.

We, the undersigned heirs & widow of the within named

decedent, hereby waive further notice, and consent to the imme=

=diate probate of said Will.

Dated this 30 day of October.A.D.1888.

W.F. Galleher Annie B. Galleher

Leroy K. Galleher May G. Wolfley

Eliza Galleher Willard Galleher .

Probate of Will.

The State of Ohio In Probate Court.

Delaware County,ss.

Personally appeared in open Court Wm

Hollenbaugh and J. Hipple the subscribing witnesses to

the last Will and Testament of Nudeget J. Galleher .

late of Delaware Township in said Delaware County, de:

: ceased; who being duly sworn according to law, to speak

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

=lation to the execution of said Will, depose and say: That the

paper before them bearing date the 22 day of May . A.D 1876.

purporting to be the last Will and Testament of Nudeget J.

Galleher now deceased, is the Will of said deceased Nude:

=get J. Galleher, 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 Nudeget J. Galleher de:

=ceased sign and seal said Will, and heard him acknowl=

=edge the same to be his last will and Testament, and that
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 321)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 321)

Description

[page 321]

[corresponds to page 255 of Delaware County Will Records Vol. 8

1887-1890]



255

Nudeget J. Galleher's Will

the said Nudeget J. Galleher at the time of making.

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

mind and memory, and not under any restraint .

Wm Hollanbaugh

J. Hipple

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

this 31st day of October. A.D.1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

October 31st 1888

In the Matter of the Will of

Nudeget J. Galleher, deceased Be it remembered, that

heretofore,

to-wit: on the 30th day of

October.

A.D. 1888, an instrument of writing, purporting to be the last

Will and Testament of Nudeget J. Galleher, late of Delaware

City ,in this County, deceased, was produced in open Court

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

the satisfaction of the Court that the widow and all of the heirs

of said Testator have waived notice and consented to the probate

of said Will; therefore, on this day. at 10 o'clock A.M., came

Wm Hollanbaugh and J. Hipple the subscribing witnesses

to said Will, who being duly sworn, testified to the due exe=

=cution and attestation of said Will. Which testimony was

reduced to writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that the afore=

=said instrument of writing is the last Will and Testament

of said Nudeget J. Galleher, deceased. That the same was

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

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

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

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

admitted to probate, and that the same, together with the

testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge



Copy of Will.

In the name of the Benevolent Father of All I N. J. Galleher

of the City of Delaware Ohio do make and publish this my

last will and Testament.

Item 1 I give and devise to my beloved wife after the payment

of all

just debts) All of my Real Estate and personal proper=

=ty of every description to be hers absolutely so long as she re=

=mains my widow. If my wife should again marry then

and in that case I give and devise to her the one third part of
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 322)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 322)

Description

[page 322]

[corresponds to page 256 of Delaware County Will Records Vol. 8

1887-1890]

256

Nudeget J. Galleher's Will

all my Real Estate and personal property of every kind and de=

=scription to be hers absolutely The above bequest is made in lieu

of her dower and years support and if my wife should again mar=

:ry then I desire and it is my will that all of said property real

and personal shall be sold by my Executors at public or private

sale as they deem best and the one third part as aforesaid be giv=

=en to my wife. And it is my will that my wife before

her marriage or so long as she remains my widow shall have

full control and authority to sell dispose of or use said Real &

personal property as she deems best for her support.

Item 2 If my wife should again marry Then it is my will and

I give and devise to her as aforesaid the one third part of my

Real Estate and personal property aforesaid. And the remaining two

thirds part I give and devise to my children Leroy K. Galleher.

William Franklin Galleher. Mrs. May Wolfley and Willard

Galleher and Annie Blanche Galleher & their heirs forever to

be equally divided between them.

Item 3 If my wife remains my widow until her death then I give

& devise to my children aforesaid to be equally divided between

them All the Real Estate and personal property aforesaid of

every description remaining at her death to them and their heirs

forever.

Item 4 I hereby nominate and appoint Leroy K Galleher and

William

Franklin Galleher Executors of this my last Will and Testa=

:ment authorizing & empowering them to do all and every act and

thing necessary for carrying out the provisions of this Will.

and I desire that no appraisement of my property shall be made

and no sale thereof shall be made so long as my wife remains

my widow unless by her direction but at her remarriage or death

then that my Executors sell the Real Estate & personal property

aforesaid to be divided as aforesaid and I request the Probate

Court to direct the omission of the appraisement of my property

aforesaid And full power is given to my executors to execute

& deliver to purchasers good & sufficient deeds to said Real Es=

=tate. In witness whereof I have hereunto set my

hand and seal this 22nd day of May A.D.1876.

Nudeget J. Galleher. {Seal}

Signed and acknowledged by said

N. J. Galleher as his last will

and testament in our presence and

signed by us in his presence.

Wm. Hollanbaugh.

J. Hipple.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 323)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 323)

Description

[page 323]

[corresponds to page 257 of Delaware County Will Records Vol. 8

1887-1890]



257

Margaret E. Bunyan's Will.

Journal Entry

November. 12 1888.

In the Matter of the Will of

Margaret E. Bunyan, decd

This day, an instrument of

writing, purporting to be the last Will and Testament of

Margaret E. Bunyan, late of Delaware City, in this Coun=

=ty, deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will be filed

in this Court. - And thereupon came William Bunyan,

only heir of said Testatrix, resident of the State of Ohio,

and in writing, waived further notice and consented to the probate

of said Will. And the hearing for the proving of said Will

is set for Tuesday ,the 13th day of November. A.D.1888, at 2

o'clock P.M.

N.F. Overturf

Probate Judge.


Waiver

I the undersigned, brother & heir of the within named dece=

=dent, hereby waive further notice, and consent to the probate

of said Will.

Dated this 12 day of November. A.D.1888.

William Bunyan .

Journal Entry.

November 15 1888.

In the Matter of the Will of

Margaret E. Bunyan. decd

The witnesses to said Will fail=

=ing to appear, on motion of William Bunyan, this hearing

is continued until Wednesday the 14 day of November.A.

D. 1888, at 10 o'clock A.M

N.F. Overturf

Probate Judge.


Probate of Will.

The State of Ohio In Probate Court

Delaware County,ss.

Personally appeared in open Court Dav=

=id Rutledge and Henry J. Eaton, the subscribing witnesses to

the last Will and Testament of Margaret E. Bunyan, late of

Delaware City, 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 14th day of August. A.D.1888, purporting to be the last Will

and Testament of Margaret E. Bunyan now deceased, is the Will of

said deceased, Margaret E. Bunyan, that they were present at the

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 324)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 324)

Description

[page 324]

[corresponds to page 258 of Delaware County Will Records Vol. 8

1887-1890]


258

Margaret E. Bunyan's Estate.

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

=spectively subscribed their names to the same as witnesses, in

her presence; that they saw the said Margaret E. Bunyan

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

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

Margaret E. Bunyan, at the time of making, signing and sealing

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

under any restraint.

David Rutledge

Henry J. Eaton.

Sworn to and subscribed by said witnesses, in open Court, this 14

day of November. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

November 14 1888.

In the Matter of the Will of

Margaret E. Bunyan. decd Be it Remembered, that hereto:

=fore, to-wit: on the 12th day of

November. A.D. 1888, an instrument of writing, purporting to be

the last Will and Testament of Margaret E. Bunyan, late

of Delaware City, in this County, deceased, was produced in

open Court for probate, and was then filed.William Bunyan

only heir of said Testatrix, resident of the State of Ohio, having

waived service and consented to the probate of said Will, therefore,

on this day came David Rutledge and Henry J. Eaton the

subscribing witnesses to said Will, who being duly sworn,testi=

=fied to the due execution and attestation of said Will. Which

testimony was reduced to writing, by 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 Margaret E. Bunyan, deceased. That the same was

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

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

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

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

=mitted to probate, and that the same, together with the testi:

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

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge


Copy of

The Last will and Testament of Miss Margaret E. Bun=

=yan of the City of Delaware Ohio,

In the Name of the Benevolent

Father of All: I, the said Margaret E. Bunyan, being


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 325)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 325)

Description

[page 325]

[corresponds to page 259 of Delaware County Will Records Vol. 8

1887-1890]



259

Margaret E. Bunyan's Will.

of sound and disposing mind and memory, considering the uncer:

=tainty of continuance in life, and desiring to make such dis=

=position of my worldly estate as I deem best, do make, pub=

=lish and declare, this to be my last will and testament;

hereby revoking and annulling any and all former will or wills

whatsoever by me made.

Item First I desire all my just debts and funeral expenses

to be paid, as

soon as possible after my decease, by my executor hereinafter nam:

=ed, & out of money on hand or that may be owing me at my decease.

Item Second I give and bequeath to my beloved niece Mrs. Beatrice E.

Hartzell wife of John A. Hartzell of the City of Chicago, Illinos,

all her indebtedness to me at the time of my decease, & all notes

accounts claims & demands of any & every kind whatsoever which

I may then have against her.

Item Third I give and bequeath to my beloved nephew, George D. Bunyan,

of Yellow Springs Ohio, all that he may be owing to me at

my decease, in whatsoever form the same may then be in.

Item Fourth I give & bequeath to my beloved nephew James B.

Garrison,

now residing in the State of Texas, the sum of Five Hundred

Dollars, in addition to the several sums, which I have here:

=tofore at several times given to him.

Item Fifth I give & bequeath to my beloved nieces Miss Emma Frances

Bunyan & Miss Nellie A. Bunyan daughters of my broth:

=er William Bunyan of the City of Delaware Ohio, all my wear:

=ing apparel, ornaments, household goods and furniture, books & pictures

to be divided by them between themselves as they may see proper.

Item Sixth I give & bequeath to the said Emma Frances

Bunyan, all the remain=

=der of my estate & property, not in this will hereinbefore otherwise

disposed of & in whatsoever form the same may be in at my de=

=cease, to be hers absolutely.

I nominate and appoint my kind & worthy Brother the said

William Bunyan of the City of Delaware Ohio to be the execu=

=tor of this Will & request that he shall not be required to give

any bond as said Executor or to have made any inventory of ap=

=praisement of my estate, or sale thereof.

In Witness Whereof, I have here=

=unto set my hand and seal this fourteenth day of August, in

the year eighteen hundred and eighty eight.

Margaret E. Bunyan {Seal}

Signed, sealed, and acknowledged, by said Margaret E. Bunyan

as and for her last will and testament, in our presence, and sub=

=scribed and attested by us, as witnesses, in her presence, and at

her request.

David Rutledge

Henry J. Eaton.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 326)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 326)

Description

[page 326]

[corresponds to page 260 of Delaware County Will Records Vol. 8 1887-1890]

260

Emilia Landon's Will

4 4 16 Journal Entry.

November 16 1888.

In the Matter of the Will of

Emilia Landon, deceased.

This day an instrument of

writing, purporting to be the last Will and Testament of Emi=

=lia Landon, late of Trenton Township, in this County, deceased,

was produced in open Court for Probate; On Consideration

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

And thereupon came J.P.Landon and John Landon only

heirs of said Testatrix, resident of the State of Ohio, and in

writing, waived further notice and consented to the probate of

said Will , and afterward came Margaret J. Knox and Fannie

A. Blakely, the subscribing witnesses to said Will, who being

duly sworn testified to the due execution and attestation of

said Will. Which testimony was reduced to writing by them

respectively subscribed, and filed with said Will, whereupon

the Court finds that the aforesaid instrument of writing is the

last Will and Testament of said Emilia Landon, deceased.

That the same was duly executed and attested; and that the

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

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

under any restraint. It is, therefore, by the Court ordered, that

the said Will be admitted to probate, and that the same, to=

=gether with the testimony of the witnesses above named, as

well as the proceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge


Waiver.

We, the undersigned only heirs of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 16 day of November. A. D. 1888.

J. P. Landon

John Landon.


Probate of Will.


The State of Ohio In Probate Court.

Delaware County .ss

Personally appeared in open Court

Margarent Knox. and Fannie A. Blakely, two of the

subscribing witnesses to the last Will and Testament of

Emilia Landon. late of Trenton Township in said Dela:

=ware 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

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 327)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 327)

Description

[page 327]

[corresponds to page 261 of Delaware County Will Records Vol. 8 1887-1890]

261

Emilia Landon's Will

and say: That the paper before them bearing date the

2 day of October. A.D. 1884. purporting to be the last

Will and Testament of Emilia Landon, now deceased, is

the Will of said deceased Emilia Landon, that they

were present at the execution of said Will, and at the re=

=quest of the Testatrix, respectively subscribed their names

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

the said Emilia Landon, deceased, sign and seal said

Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Emilia

Landon at the time of making, signing and sealing said

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

not under any restraint.

Margaret J. Knox

Fannie A. Blakely

Sworn to and subscribed by said witnesses, in open

Court, this day of November, A.D.1888.

N.F. Overturf

{Seal} Probate Judge


Copy of Will


In the name of the Benevolent Father of All; I

Emilia Landon of Trenton Township. Delaware County,

Ohio do make and publish this my last Will and

Testament.

Item 1 I give and devise to my sons John Landon and Joseph

P. Landon during their natural life all my property

both personal and real share and share alike and to the

heirs of their bodies; but in case my said sons dies

without issue of their bodies then my said property both

personal and real goes to the following persons in the

following portions, to-wit: Elizabeth Farver-Jane

Walker Joseph Patrick Thomas Patrick and Sarah

Frederick they to share and share alike all of the one

fourth of my said property, and one fourth of all my property

both personal and real goes to the children of my sister Betsy

Rooney, deceased, Eugene Rooney and Luella Whitney

they to share said 1/4 of my property share and share alike;

and one fourth of all my property both personal and real goes

to the children of my sister Zernah Grist, Alyda Roberts

and Jenna Barkus they to share and share said 1/4 of

my property alike; and one fourth of all my personal and

real property goes to the children of my Niece Lenora Wilcox

deceased. George Earnest Frederic K. Gardner Mary and

Anne they to share and share alike said 1/4 of said property.

I further provide that in case one of my said sons has
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 328)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 328)

Description

[page 328]

[corresponds to page 262 of Delaware County Will Records Vol. 8 1887-1890]

262

Emilia Landon's Will

heirs of his body and one dies without issue of his body,

then all the share of the deceased heretofore devised goes to

the surviving son who has living heirs the issue of his body.

I also further provide that my sons have power and authority

to sell and convey my real estate and personal property and have

all the rents and profits of the same but they must be an

account for the money said real estate and personal property

is worth to the above named devisees not adding any interest

provided my said sons both dies without issue of their

bodies and also in case one of my said sons dies without

issue the surviving son has the use and control of the deceased

share of my said real and personal property during his natur:

=al life if he has no heirs of his body.

Item 2 I do hereby nominate and appoint Joseph Patrick Execu=

=tors of this my last will and testament

I do hereby revoke all former wills by me made.

In testimony hereof

I have hereunto set my hand and seal this second day

of October. A.D. 1884.

Emilia Landon {Seal}


Signed and acknowledged by

said Emilia Landon as her

last will and testament in

our presence and signed by us

in her presence.

C. C. Brooks

Margaret J. Knox

Fannie A. Blakely.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 329)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 329)

Description

[page 329]

[corresponds to page 263 of Delaware County Will Records Vol. 8 1887-1890]

263

E. H. Dent's Will

Journal Entry.

November 23 1888.

In the Matter of the Will

of E.H. Dent, deceased.

This day, an instrument of writing,

purporting to be the last Will and Testament, and Codicil

thereto, of E.H. Dent, late of Trenton Township, in this County,

deceased, was produced in open Court for Probate; On Considera:

=tion Whereof, it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to admit

the same to probate and record, be given to Rebecca Walkerr

Dent, his widow, and Celia H. Miller _ Florence M. Hempsted _

Ida J. Wagner - Emma C. Dent and George E. Dent heirs

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

that said application will be for hearing before this Court on

the 28 day of November. A.D. 1888, at 1 o'clock P.M.

Frank P. Dent having waived notice and consented to the

probate of said Will, no notice was issued to him.

N.F. Overturf

Probate Judge.


Waiver.

I, the undersigned, one of the heirs of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 23 day of November. A.D.1888.

F.P. Dent.


Notice to Heirs.


The State of Ohio In Probate Court.

Delaware County.ss.

In the matter of the last Will and

Testament of E. H. Dent, deceased,

To Rebecca Walker Dent - Celia H.

Miller_ Florence M. Hempted _ Ida J. Wagner - Emma C.

Dent and George E. Dent.

You are hereby notified that on the 23

day of November. A.D. 1888. an instrument of writing, purport=

=ing to be the last Will and Testament of E.H.Dent, late of

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

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

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

will be for hearing before this Court on the 28 day of No=

=vember. A.D. 1888, at 1. o'clock P.M.

N.F Overturf

Probate Judge.

Dated at Delaware Ohio, this 23 day of November -

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 330)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 330)

Description

[page 330]

[corresponds to page 264 of Delaware County Will Records Vol. 8 1887-1890]

264

E. H. Dent's Will

Return.

The State of Ohio }

Delaware County.ss. } Frank P. Dent being duly sworn, says that

on the 24 & 27 days of November. A.D.

1888, he served the within notice by delivering a true copy thereof to

the within named Rebecca Walker Dent. Celia H. Miller. Flore:

=ence M. Hempted - Ida J. Wagner - Emma C. Dent and George

E. Dent.

F. P. Dent.

Subscribed in my presence and sworn to before me this 28

day of Nov. 1888.

N.F. Overturf

{Seal} Probate Judge,




Probate of Will


In Probate Court In the Matter of proving the last Will

Delaware County. Ohio. and Testament of E.H. Dent, deceased.


The State of Ohio Delaware County. ss.

O.H. Kimball, being duly sworn and examined

as a witness in the above entitled matter, says: I was present

at the execution of the instrument now shown to me, bearing

date the 21 day of October. A.D.1887. and offered for probate as

the last Will and Testament of E.H. Dent, late of Trenton

Township, in said County of Delaware, deceased, and saw the

said E.H. Dent, now deceased sign and seal said instrument,.

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

Testament ; and I thereupon. at his request, and in his pres=

=ence, subscribed my name to the same as a witness. The

said decedent, at the time of making, singing and sealing said

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

under any restraint.

O.H. Kimball

Sworn to and subscribed by said witness in open Court this

28 day of November. A.D.1888.

N.F. Overturf

Probate Judge


Proof of Signature of Witness to Will.


The State of Ohio

Delaware County.ss O.H. Kimball being duly sworn,

says that he was well acquainted

with Burton Moore who is now deceased, that he was well

acquainted with the hand writing of the said Burton Moore,

having often seen him write, that the signature Burton

Moore as subscribing witness to the last Will and Testament

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 331)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 331)

Description

[page 331]

[corresponds to page 265 of Delaware County Will Records Vol. 8

1887-1890]



265

E. H. Dent's Will

of E. H. Dent, deceased, is in the own proper hand writing

and signature of the said Burton Moore who at the date of

said Will was in full life, and resided in Sunbury, in said

County.

O.H. Kimball

Sworn to before me, and subscribed in my presence. this 28

day of November. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Proof of Signature of Witness to Will.


The State of Ohio

Delaware County,ss. Frank P. Sprague being duly sworn,

says that he was well. acquainted with

Burton Moore, who is now deceased, that he was well acquaint=

=ed with the hand writing of the said Burton Moore, having

often seen him write, that the signature Burton Moore as

subscribing witness to the last Will and Testament of E.H.

Dent, deceased, is in the own proper hand writing and signa:

=ture of the said Burton Moore, who at the date of said

Will, was in full life, and resided in Sunbury, in said

County.

Frank P. Sprague.

Sworn to before me, and subscribed in my presence, this 28

day of November. A.D 1888.

N.F. Overturf

{Seal} Probate Judge.


Probate of Codicil to Will.


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court

L.J. Wilson and W.H. Wilson, the subscribing witnesses

to the Codicil to the last Will and Testament of E.H.

Dent, late of Trenton Township in said Delaware County,

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

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

=lation to the execution of said Codicil to said Will, depose

and say: That the paper before them bearing date the 11 day

of May. A.D. 1888, purporting to be the Codicil to the last

Will and Testament of E.H. Dent now deceased, is the Cod:

=icil to the Will of said deceased, E.H. Dent that they were

present at the execution of said Codicil to 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 E.H. Dent deceased, sign and seal said Codicil

to said Will, and heard him acknowledge the same to be:

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 332)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 332)

Description

[page 332]

[corresponds to page 266 of Delaware County Will Records Vol. 8

1887-1890]

266

E. H. Dent's Will

his Codicil to his last Will and Testament, and that the said

E.H. Dent at the time of making, signing and sealing said Cod:

=icil to said Will, was of full age, of sound mind and memory and

not under any restraint.

L.J. Wilson

W.H. Wilson

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

28

day of November. A.D.1888.

N.F. Overturf

{Seal} Probate Judge



Journal Entry.

November 28 1888

In the Matter of the Will }

of E. H. Dent, deceased } Be it remembered, that heretofore,

to-wit: on the 23 day of November.

A.D.1888 an instrument of writing, purporting to be the last

Will and Testament of E.H. Dent, late of Trenton 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 Rebecca Walker Dent - his widow, and Celia

H. Miller. Frank P. Dent_ Florence M. Hempsted. Ida

J. Wagner. Emma C. Dent and George E. Dent, heirs and next

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

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

O.H. Kimball, one of the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution and at=

=testation of said Will, which testimony was reduced to writ=

=ing, by him subscribed, and filed with said Will. And Bur:

=ton Moore the other subscribing witness to said Will, hav:

=ing died, the signature of the said Burton Moore was duly

known by the oaths of O.H. Kimball and Frank P. Sprague

whose testimony was reduced to writing and filed herein.