Delaware County Ohio Will Records Vol. 9 1890-1893

Delaware County Ohio Will Records Vol. 9 1890-1893 (1)

[corresponds to side cover of Delaware County Ohio Will Records Vol. 9 1890-93]

WILL RECORD 1890-1893 9 DELAWARE COUNTY

Delaware County Ohio Will Records Vol. 9 1890-1893 (2)

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (3)

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (4)

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]

Allen Harvey 47

Atkinson Wirts 535

Albright Werter B. 571

Delaware County Ohio Will Records Vol. 9 1890-1893 (5)

corresponds to index page B of Delaware County Ohio Will Records Vol. 9 1890-93]


Behrens Henry 84 Case 4797

Belknap Elizabeth 110

Barton Emeline 135

Blair William 214 Case 4906

Baldwin J. William
(Franklin Co. 273

Bentin Lewis 338 508.

Beecher Martha 390 Case 5018

Burr Raymond
(Franklin Co.) 430 Case 5017

Bates George W. 441

Brown Aaron 451 Case 5048

Boehm, Martin 464 " 5089

Beach, Hellen Gertrude. 501

Benton, Loreta,
election. 508

Barthalomew Roxy 511

Broderick Hannah 565 Case 5182

Delaware County Ohio Will Records Vol. 9 1890-1893 (6)

Curtiss Leonard 1
Charles Stephen 36
Caulkins Albert 40
Corbin Magdala 75
Cleveland Mary 93
Campbell James Smith 156 Case 4845
Carr G. A. 245
Constant Clara B. 325
Cone John W. 368
Cox John W. 427 Case 5056
Clymer William S. 550
Cowles Elizabeth H. Wells 555
Coleman Mariah 583

Delaware County Ohio Will Records Vol. 9 1890-1893 (7)

[corresponds to index page D of Delaware County Ohio Will Records Vol. 9 1890-93]


Donovan Elizabeth 151

Dyxon Henry 209 Case 4905

Dickerman Bennie 211

DeGood, Benjamin 473 507.

DeGood. Maria S. election. 507

Delaware County Ohio Will Records Vol. 9 1890-1893 (8)

[corresponds to index page E of Delaware County Ohio Will Records Vol. 9 1890-93]



Edwards John M. 104 Case 4816

Eury Jesse 115 " 4817 A.

Evans John T. 179

Elsbree Perthenia 260

Evans Robert E. 408

Delaware County Ohio Will Records Vol. 9 1890-1893 (9)

[corresponds to index page F of Delaware County Ohio Will Records Vol. 9 1890-93]


Freeman Charles 183

Frost Samantha 253

Ford Vatchel M 282

Freese Isaac. 313 499.

Freese Rebecca. election. 499.

Fetters Jacob A. 563

Delaware County Ohio Will Records Vol. 9 1890-1893 (10)

[corresponds to index page G of Delaware County Ohio Will Records Vol. 9 1890-93]



Gardner Jonathan T. 15 Case 4714

Gavitt Ezekiel S. 433

Griste Charles M. 524

Delaware County Ohio Will Records Vol. 9 1890-1893 (11)

[corresponds to index page H of Delaware County Ohio Will Records Vol. 9 1890-93]


Hoffhines Nelson M.
(Franklin Co) 19 case No 4711

Howison Sandford 199

Hardin Solomon 257

Hughes Joseph E. 264 Case 4938

Hursey Charlotte 289 516 Case 4939

Hough Orsarmus D. 297

Heffner Isaac 303

Hoskins Jacob 318 Case 4967

Delaware County Ohio Will Records Vol. 9 1890-1893 (12)

[corresponds to index page I of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (13)

[corresponds to index page J of Delaware County Ohio Will Records Vol. 9 1890-93]


Jones Reed T. 170

Johnston William 238

Jones, Thomas C. 504 Case 5115

Jones Lydia (John H. Jones widower)
517 " 5136

Johnson Emma S. 521

Jenkins Catharine 579

Delaware County Ohio Will Records Vol. 9 1890-1893 (14)

[corresponds to index page K of Delaware County Ohio Will Records Vol. 9 1890-93]


Kruck Mathias 527

Delaware County Ohio Will Records Vol. 9 1890-1893 (15)

[corresponds to index page L of Delaware County Ohio Will Records Vol. 9 1890-93]

Lacher John George 175

Loofbourrow Benjamin T. 187

Love Thomas 219

Lang Andrew 233

Lewis Eather J. 349

Lingshore Warner 358

Leak Gilbert 384

Landon Henry 387

Lawrence David 575

Delaware County Ohio Will Records Vol. 9 1890-1893 (16)

[corresponds to index page M of Delaware County Ohio Will Records Vol. 9 1890-93]


Mills Elizabeth 129

Myers Jacob 223

Moore Mary 269

Miller John C. 331 Case 4979

Mendenhall James W. 484 will 496

Mendenhall Olive S. election 496 [this line is crossed out]

Markel Jonathan 545

Delaware County Ohio Will Records Vol. 9 1890-1893 (17)

[corresponds to index page Mc of Delaware County Ohio Will Records Vol. 9 1890-93]


McGonigle Robert J. 448

McLeod Alfred 459 498.

McLeod Rebecca,
election. 498

Delaware County Ohio Will Records Vol. 9 1890-1893 (18)

[corresponds to index page N of Delaware County Ohio Will Records Vol. 9 1890-93]


Noble James W. 227

Delaware County Ohio Will Records Vol. 9 1890-1893 (19)

[corresponds to index page O of Delaware County Ohio Will Records Vol. 9 1890-93]

O'Connor Thomas 10

Osborn Susan. 125

Delaware County Ohio Will Records Vol. 9 1890-1893 (20)

[corresponds to index page P of Delaware County Ohio Will Records Vol. 9 1890-93]


Piper John 55 Case 4771

Phillips Nancy 80- 168

Pugh George 141- 145

Pierson Silas 345

Pfiffer Gregory 353 Case 4833

Perry Thomas L. 418

Potter Walter. 487

Potter Elenor,
election. 492

Parmer Ann 530

Delaware County Ohio Will Records Vol. 9 1890-1893 (21)

[corresponds to index page Q of Delaware County Ohio Will Records

Delaware County Ohio Will Records Vol. 9 1890-1893 (22)

[corresponds to index page R of Delaware County Ohio Will Records Vol. 9 1890-93]


Roloson Levi 5

Rees Rowland- 44

Rosevelt Stephen 50

Rowlands John 58

Rheem Eliza B. 120

Rutherford Henry 437

Riebel, August 469

Delaware County Ohio Will Records Vol. 9 1890-1893 (23)

[corresponds to index page S of Delaware County Ohio Will Records Vol. 9 1890-93]


Shoub John H. 205

Smith Jeremiah W. 249 509. Case 4928

Shelley Hannah 278

Smith Elizabeth 293

Sheets Daniel 373

Stith James W. 395

Schults Benjamin 398 494

Sunderland Peter 401

Sloop Charles 404

Stanbery Charles (Sen.) 412

Seigfried Benjamin
(Franklin Co. O.) 456 Case 5077

Shanahan, John 479

Shults, Benjamine 494-398

Smith, Eliza election. 509.

Steitz Michael 559

Delaware County Ohio Will Records Vol. 9 1890-1893 (24)

[corresponds to index page T of Delaware County Ohio Will Records Vol. 9 1890-93]


Tallman Henton 146

Thomas James. 191

Thompson Susan 540

Delaware County Ohio Will Records Vol. 9 1890-1893 (25)

[corresponds to index page U of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (26)

[corresponds to index page V of Delaware County Ohio Will Records Vol. 9 1890-93]

Vining Sarah 363 500.

Vantasel John 377

Vining Elam C. election. 500

Delaware County Ohio Will Records Vol. 9 1890-1893 (27)

[corresponds to index page W of Delaware County Ohio Will Records Vol. 9 1890-93]


Wheaton Mary E. 22

Warner Benjamin H. 26

Webster Oliver. 33

Wornstaff Lewis 66

Wilson Hannah 86

Williams George D. 100 Case 4814

Wilson Zane. 161 " 4854

Woodley Aarn 196 " 4877

Williams John A. 286 " 4951

Wittlinger William F. 334

Wharton Sarah 381 Case 5016.

Welch Ralph R. 422

Wells Elizabeth H. (Cowles) 555

White Thornton F.(Pickaway Co.) 569 5219

Delaware County Ohio Will Records Vol. 9 1890-1893 (28)

[corresponds to index page Y of Delaware County Ohio Will Records

Delaware County Ohio Will Records Vol. 9 1890-1893 (29)

[corresponds to index page Z of Delaware County Ohio Will Records

[corresponds to index page Z of Delaware County Ohio Will Records

Delaware County Ohio Will Records Vol. 9 1890-1893 (30)

[corresponds to page 1 of Delaware County Ohio Will Records Vol. 9 1890-93]

Leonard Curtiss Will

Journal Entry

April 30th 1980.

In the Matter of the Will }

of Leonard Curtiss deceased.} This day, an instrument of writing,

purporting to be the last Will and Tes-

tament of Leonard Curtiss, late of Genoa Township, in this Coun-

ty, deceased, was produced in open Court for probate, in 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 Henry C. Curtiss-

Howard Curtiss- Dwight C. Curtiss and Edna A. Curtiss

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

said application will be for hearing before this Court on the 6th

day of May. A.D. 1890 at 10 o'clock A.M.

N. F. Overturf

Probate Judge.


Application of Probate of Will

The State of Ohio } In Probate Court.

Delaware County SS}


In the Matter of the last Will }

and Testament of Leonard Cur- } Application of Admit to Probate.

tiss deceased. ~~~

To the Hon. N. T. Overturf, Judge of

the Probate Court in and for said Counth:

Your petitioner respectfully represents

that Leonard Curtiss late a resident of the Township of Genoa

in said County, died on or about the 27th day of April. A.D.

1890, leaving an instrument in writing, hereto attached pur-

porting to be his last Will and Testament: That the said

Leonard Curtiss died leaving no widow and the following named

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


Name Degree of Kinship P.O. Address

Henry N. Curtiss Son Galena O.

Howard Curtiss " " "

Dwight C. Curtiss " " "

Edna A. Curtiss Daughter " "


Your petition 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 proceeding:

George J Roberts.

The foregoing application was signed in my presence and sworn to

before me, this 30th day of April A.D. 1890.

N.F. Overturf.

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (31)

[page 31]

[corresponds to page 2 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will.

Notice

The State of Ohio } In Probate Court.

Delaware County.SS }

In the Matter of the last Will and Tes-

tament of Leonard Curtiss deceased.

To Geo. J. Roberts

You are hereby commanded

to notify Henry C. Curtiss- Howard Curtiss- Dwight C

Curtiss and Edna A. Curtiss that on the 30 day of April

A.D. 1890, an instrument of writing, purporting to be the last Will

and Testament of Leonard Curtis late of Genoa Township, in

said County, deceased, was produced in said 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 this court

on the 6" day of May. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said

Probate Court, at Delaware, Ohio, this 30 day of April A.

D. 1890.

{Seal} N. F. Overturf

Probate Judge

Proof of Service.

The State of Ohio }

Delaware County.SS} Geo. J. Roberts being duly sworn says

that on the 1st day of May. A.D. 1980

he served the within notice by delivering a true copy thereof to the

within named Henry C. Curtiss- Howard Curtiss- Dwight

C. Curtiss and Edna A. Curtiss

George J. Roberts.

Subscribed in my presence and sworn to before me this 6" day of

May. A.D. 1890.

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. Miller and A.P. Taylor the subscribing witnesses to the

last Will and Testament of Leonard Curtiss, late of Genoa

Township in said Delaware County, deceased: who being duly

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

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

Will, depose and say: That the paper before them bearing date

the 1st day of April. A.D. 1890. purporting to be ther last

Will and Testament of Leonard Curtiss, now deceased is the

Will of said deceased, Leonard Curtiss, that they were present

Delaware County Ohio Will Records Vol. 9 1890-1893 (32)

[page 32]

[corresponds to page 3 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will

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 Leonard Curtiss

deceased, sign and seal said Will, and heard him acknowledge

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

said Leonard Curtis 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. Miller

A.P. Taylor

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

this 6" day of May A.D. 1890

N. F. Overturf

{Seal} Probate Judge.


Journal Entry

May 6th 1890.

In the Matter of the Will of}

Leonard Curtiss, deceased }

Be it remembered that heretofore, to wit: on

the 30th day of April. A.D. 1890. an instrument of writing purport-

ing to be the last Will and Testament of Leonard Curtiss, 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 Henry C. Curtiss- Howard

Curtiss- Dwight C. Curtiss and Edna A. Curtiss, 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 W. H.

Miller and A.P. Taylor, 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 is the last Will and Testament of said Leonard Cur-

tiss, 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.

Delaware County Ohio Will Records Vol. 9 1890-1893 (33)

[page 33]

[corresponds to page 4 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will

Copy of Will

In the name of the Benevolent Father of All, I Leonard Cur-

tis, of Genoa Township, Delaware County and State of Ohio

do make and publish this my last Will and Testament

First it is my will that my just debts and charges be paid

out of my estate including a suitable monument of my grave

which I desire my Executor to have erected.

Item 1st

I give and devise to my daughter Edna A. Curtis all

my household goods and provisions of every description on hand

at my decease

Item 2nd

I give and devise to my daughter Edna A. Curtis all of

my chattle property of every description divided and undivided,

also all moneys on hand at my decease, provided the said Edna

A. Curtis assumes my obligation as to the one fourth expense

of careing for my invalid sister Emily Curtis during her

natural life.

Item 3rd

I give and devise to my daughter Edna A. Curtis, son

Dwight C. Curtis and Howard Curtis the scales that I

now own.

Item 4th

I do hereby nominate and appoint George J. Roberts, Execu-

tor of this my last Will and Testament.

In testimony hereof I have hereunto set my hand and seal

this first day of April. in the year 1890.

L. Curtis {Seal}


Signed and acknowledged by said Leonard Curtis as his last Will

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

W.H. Miller

A.P. Taylor.

Delaware County Ohio Will Records Vol. 9 1890-1893 (34)

[page 34]

[corresponds to page 5 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson Will

Journal Entry

April, 29th 18902.

In the Matter of the Will of}

Levi Roloson, deceased. } This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Levi Roloson, late of Berlin 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 Elizabeth C. Roloson

widow, and Wesley H. Roloson and Eva C. Roloson, next of kin of the

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

be for hearing before this Court, on the 6th day of May A.D. 1890,

at 1 oclock P.M. (H. W. B. Roloson and E.P Roloson having

in writing waived further notice and consented to the probate of

said Will).

N.F. Overturf

Probate Judge


Application for Probate of Will

The State of Ohio } In Probate Court

Delaware County, ss}

In the Matter of the last }

Will and Testament of } Application to Admit to Probate

Levi Roloson, deceased.}

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County.

Your petitioner respectfully represents

that Levi Roloson, late a resident of the Township of Ber:

lin in said County, died on or about the 22nd day of April A.

D. 1890, leaving an instrument in writing, hereto attached, pur:

porting to be his last Will and Testament; That the said

Levi Roloson died leaving Elizabeth C. Roloson, widow,

and the following persons his only next of kin resident

of the State of Ohio

Name Degree of Kinship P.O. Address.

Wesley Roloson Son Cincinnati O

Henry W. B. Roloson " West Berlin O

E.P. Roloson " " "

Eva C. Roloson Daughter Cincinnati O

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.

H. W. B. Roloson

The foregoing application was signed in my presence and sworn

Delaware County Ohio Will Records Vol. 9 1890-1893 (35)

[page 35]

[corresponds to page 6 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

to before me, this 29" day of April. A.D. 1890.

N. F Overturf

{Seal} Probate Judge

"Waiver" Filed April 29" 1890.

We, the undersigned next of kin of the within named decedent, here:

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

Dated this 29" day of April. A.D. 1890.

H.W.B. Roloson.

E.P. Roloson

Notice

The State of Ohio } In Probate Court.

Delaware County, SS}

In the matter of the last Will and Testa:

ment of Levi Roloson, deceased.

To Henry W. B. Roloson:

You are hereby commanded to notify Elizabeth C. Roloson-

Wesley H. Roloson and Eva C. Roloson, that on the

29" day of April. A.D. 1890 an instrument of writing, purporting

to be the last Will and Testament of Levi Roloson, late of

Berlin Township, in said County, deceased, was produced in

said 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 6" day of May,

A.D. 1890, at 1 o'clock P.M.

Wittness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 29" day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Proof of Service

The State of Ohio }

Delaware County, SS } Henry W. B. Roloson being duly

sworn, says that on the 6" day of May.

A.D. 1890, he served the within notice by delivering a true

copy thereof to the within named Elizabeth C. Roloson-

Wesley H. Roloson. and Eva C. Roloson.

H.W.B. Roloson

Subscribed in my presence and sworn to before me this 6"

day of May. A.D. 1890.

N. F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (36)

[page 36]

[corresponds to 7 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

Probate of Will.

The State of Ohio } In Probate Court.

Delaware County, SS }

Personally appeaared in open Court Jona:

than Dunham and Elizabeth Dunham the subscribing wit-

nesses to the last Will and Testament of Levi Roloson, 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 20 day of May. A.D. 1889, purporting to

be the last Will and Testament of Levi Roloson now deceased,

is the Will of said deceased Levi Roloson, 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 Levi

Roloson deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament,

and that the said Levi Roloson 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.

Jonathan Dunham

Elizabeth Dunham

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

this 6" day of May. A.D. 1890.

N.F. Overturf

Probate Judge


Journal Entry.

May 6th 1890.

In the Matter of the Will of}

Levi Roloson, deceased. }

Be it remembered that heretofore

to wit on the 29" day of April A.D. 1890 an instrument

of writing, purporting to be the last Will and Testament

of Levi Roloson, late of Berlin Township, in this

county, deceased, was produced in open Court for

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

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

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

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

Elizabeth C. Roloson. Wesley H. Roloson and Eva

C. Roloson, the widow and next of kin of said Testator

resident of the State of Ohio pursuant to a former order

of this Court; (H.W.B. Roloson and E.P. Roloson,

having waived Notice); thereupon, on this day came

Jonathan Dunham and Elizabeth Dunham, the

Delaware County Ohio Will Records Vol. 9 1890-1893 (37)

[page 37]

[corresponds to page 8 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

subscribing witnesses 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 Levi Roloson, 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.

Citation ordered and issued to Elizabeth C. Roloson-

widow of said decedent to elect as to said Will, as required by

law.

N.F. Overturf

Probate Judge.


Copy of Will

I, Levi Roloson of Berlin Township Delaware County

Ohio do make and publish this my last Will and Tes:

tament.

First:

I give and bequeath unto my son Henry Roloson the

North part of my Farm on which I now reside laying

North of a line to be run through said Farm commencing

in the center of the west line of said Farm said line being

the Division line between said Farm and the land of G. L.

Sackett thence running East to the land of Edward Roloson and

I enjoin the said Henry Roloson to pay to Wesley Roloson

my son at the rate of Twenty Five Dollars an Acre for

the number of Acres bequeathed to him commencing payment

one year after my decease and pay One Hundred Dollars an:

nually therefrom, without interest till the whole amount is paid,

excepting land that may be set off to my widow payment to

be deferred on that till after the death of my widow

Second:~

I give and bequeath unto my son Henry Roloson my

watch that I now have in my possession.

Third:~

I give and bequeath unto my son Edward Roloson that

part of my Farm laying south of the above described line to

run East and West through the above named Farm and I

enjoin the said Edward Roloson to pay to Eva Roloson at

the rate of Twenty Dollars an Acre for the number of acres

bequeathed to him payment to be made on the same conditions

that payment is made by the above named Henry Roloson

it is my will that there be no appraisement made of my

Estate.

Delaware County Ohio Will Records Vol. 9 1890-1893 (38)

[page 38]

[corresponds to page 9 of Delaware County Ohio Will Records Vol. 9 1890-93]


Levi Roloson's Will

Fourth,

I hereby nominate and appoint as Executor Henry Roloson

my son,

In witness whereof I have hereunto subscribed

my name this 25th day of May. A.D. 1889.

Levi Roloson {Seal}


The above and foregoing instrument was at the date thereof

signed sealed published and declared by the said Levi Roloson

as and for his last Will and Testament in presence of

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

have subscribed our names as witnesses.

Jonathan Dunham

Elizabeth Dunham

Delaware County Ohio Will Records Vol. 9 1890-1893 (39)

[page 39]
[corresponds to page 10 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Journal Entry.

April . 28th 1890. }

In the Matter of the Will }

of Thomas O'Connor-deceased} This day an instrument of writing,

purporting to be the last Will and Testa-

ment of Thomas O'Connor, 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 Moriarty-

John O'Connor - James O'Connor and Thomas O'Con:

nor next of kin of the testator, resident of the State of Ohio,

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

the 10" day of May A.D. 1890, at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Application for Probate of Will.

The State of Ohio } In Probate Court,

Delaware County, ss.}


In the Matter of the last }

Will and Testament of: } Application to Admit to Probate

Thomas O'Connor, deceased. }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County.

Your petitioner respectifully represents

that Thomas O'Connor, late a resident of the Township of

Liberty in said County, died on or about the 25th day of April

A.D. 1890, leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament. That the said

Thomas O'Connor died leaving no widow and the following

named persons his only next of kin resident of the State of Ohio

Name Degree of Kinship P.O. Address

Mary Moriarty Daughter Prospect, O.

John O'Connor Son Marion, O.

James O'Connor " Xenia, O.

Thomas O'Connor " Delaware, O.


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac:

cording to law of the pending of said proceedings.

Rev. Ph. Steyle

The foregoing application was signed in my presence and sworn to

before me, this 28th day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (40)

[page 40]

[corresponds to page 11 of Delaware County Ohio Will Records Vol. 9 1890-93]

` Thomas O'Connor's Will

Notice to Heirs.

The State of Ohio } Probate Court

Delaware county,ss,}

In the matter of the last Will and Testa:

ment of Thomas O'Connor, deceased.

To Mary Moriarty:

You are hereby notified that on

the 28th day of April. an instrument of writing, purporting to be

the last Will and Testament of Thomas O'Connor, 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 10th day of May.

A.D. 1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 28th day of April. A.D. 1890.


I the undersigned person within named hereby acknowledge

service of the within notice this 2" day of May A.D. 1890.

Mary Moriarty

Prospect. Ohio.


Notice to Heirs.

The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and Testament

of Thomas O'Connor, deceased:

To James O'Connor and John O'Connor:

You are hereby notified that on the 28th day of April. A.D.

1890, an instrument of writing, purporting to be the last Will

and Testament of Thomas O'Connor, 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 sameday

made in said Court. Said application will be for hearing

before this Court on the 10th day of May. A.D. 1890 at 10

o'clock A.M.,

N.F. Overturf

Probate Judge

Dated at Delaware Ohio this 28th day of April. A.D. 1890.


I the undersigned person within named hereby acknowledge

service of the within notice this 7" day of May A.D. 1890

James O'Connor

John O'Connor.

Delaware County Ohio Will Records Vol. 9 1890-1893 (41)

[page 41]

[corresponds to page 12 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Notice to heirs.

The State of Ohio } In Probate Court.

Delaware County,ss. }

In the Matter of the last Will and Testament

of Thomas O'Connor, deceased,

To Thomas O'Connor:

You are hereby notified that

on the 28th day of April. A.D. 1890, an instrument of writing

purporting to be the last Will and Testament of Thomas

O'Connor, 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 10th

day of May A.D. 1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 28th day of April A.D. 1890


Return.

The State of Ohio }

Delaware County.ss.} George Coyner being duly sworn, says that

on the 8th day of May. A.D. 1890, he served the

within notice by delivering a true copy thereof to the within named

Thomas O'Connor.

Geo. Coyner.

Subscribed in my presence and sworn to before me this 10" day of May 1890

{Seal} N.F. Overturf

Probate Judge

Journal Entry.

May 10th 1890. }

In the Matter of the Will of:}

Thomas O'Connor, deceased } Be it remembered that heretofore, to wit; on

the 28th day of April A.D. 1890, an instru:

ment of writing purporting to be the last Will and Testament and

Codicil thereto of Thomas O'Connor, 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 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 Moriarty- John O'Connor- James O'Connor and

Thomas O'Connor, next of kin of the Testator, resident of the

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

And this cause is now continued to take the testimony of witness:

es to said instrument until the 16th day of May A.D. 1890, at

10 o'clock A.M.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (42)

[page 42]

[corresponds to page 13 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss.}

Personally appeared in open Court Joseph

McLin and Ella McLin the subscribing witnesses to the last Will and

Testament and Codicil of said Will of Thomas O'Connor, 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,

and Codicil, depose and say: That the paper before them bearing

date the 14" day of April A.D. 1890, purporting to be the

last Will and Testament of Thomas O'Connor now deceased,

is the Will of said deceased Thomas O'Connor and the Codicil

thereto was executed at the same time by said Thomas O'Connor

that they were present at the execution of said Will and Codicil and

at the request of the Testator, respectively subscribed their names

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

said Thomas O'Connor deceased sign and seal said Will and

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

and Testament, and that the said Thomas O'Connor at the

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

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

Joseph McLin

Ella McLin.

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

16" day of May. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

May 16th 1890. }

In the Matter of the Will }

of Thomas O'Connor, deceased}

This day this matter came on to

be heard and thereupon came Joseph McLin and Ella Mc

Lin- the subscribing witnesses to said Will and Codicil thereto,

who being duly sworn, testified to the due execution and attestation

of said Will and Codicil thereto, 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 and Codicil thereto of said

Thomas O'Connor, deceased. That the same were duly executed

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

signing and sealing said Will and Codicil thereto, 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 and

Codicil thereto, be admitted to probate and that the same to-

gether with the testimony of the witnesses above named, as well

Delaware County Ohio Will Records Vol. 9 1890-1893 (43)

[page 43]

[corresponds to page 14 of Delaware County Ohio Will Records Vol. 9 1890-93]


Thomas O'Connor Will

as the proceedings had thereon be entered of record in this Court.

N.F. Overturf

Probate Judge


"Copy of Will"

Liberty Township, Delaware Co., Ohio, April. 14th 1890.

I Thomas O'Connor enjoying the full use of all my

faculties, do hereby make this my last will and testament, hereby re-

voking all former Testaments.

I desire the Administrator and Executor of this my last Will to re:

pay all my funeral expenses out of my real estate property.

I leave and bequeath to the Pastor of St. Mary's Church, Dela-

ware Ohio Fifteen Dollars. 15.00

I leave and bequeath John Macklin the sum of Fifty Dollars, with

my thanks for his kindness to me during my last illness.

I leave and bequeath to St Mary's Church Delaware Ohio

the sum of Fifty Dollars, to be applied by the pastor in Charitable

works.

4 I leave and bequeath to my four sons and my daughter the balance

of my property in 5 equal shares, after the bequests above named

shall all have been paid and my funeral expenses and just

debts shall have been paid.

5. I hereby appoint Rev. Ph. Steyle of Delaware, Administrator

and Executor of this my last Will and Testament without bond.

In testimony of the above and to confirm it, I have this

day the 14th day of April, 1890 signed and sealed this my last Will in

the presence of two witnesses who have signed likewise.

Thos O'Connor

Witnesses { Joseph McLin {Seal}

{ Ella McLin {SEal}



Codicil

I desire the Administrator of my last Will, out of my

Real Estate over the grave of my wife and my own

grave a tomb stone, not to exceed $40.00 in value.

Signed Thos O'Connor


Witnesses { Joseph McLin {Seal}

{ Ella McLin {Seal}

Delaware County Ohio Will Records Vol. 9 1890-1893 (44)

[page 44]

[corresponds to page 15 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jonathan T. Gardner's Will

4714 Journal

May 16th 1890

In the Matter of the Will of:}

Jonathan T. Gardner, deceased} This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Jonathan T. Gardner, late of Liberty 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 Delia E. Gardner his widow and Jenette

Evans- Lyman Gardner- Irvin N. Gardner- Byron A Gardner-

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

Ohio, that said application will be for hearing before this Court on

the 20th day of May. A.D. 1890, at 9 o'clock A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will

The State of Ohio } In Probate Court.

Delaware County ss }


In the Matter of the last Will }

and Testament of Jonathan T. } Application to Admit to Probate

Gardner, deceased ~ }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully requesents

that Jonathan T. Gardner, late a resident of the Township of Liberty in

said County, died on or about the 10" day of May. A.D. 1890, leaving an

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

and Testament: That the said Jonathan T. Gardner died leaving Delia

E. Gardner his wife and the following named persons his only next of

kin resident of the State of Ohio


Name Degree of Kinship P.O. Address

Jenette Evans Daughter Ill.

Lyman Gardner Son Powell Ohio

Irwin N. Gardner " " "

Byron A. Gardner " " "

Isabella Neds Daughter " "

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

I.N. Gardner

The foregoing application was signed in my presence and sworn to

before me, this 16" day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (45)

[page 45]

[corresponds to page 16 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jonathan T. Gardner's Will

Notice

The State of Ohio } In Probate Court

Delaware county ss }

In the Matter of the last Will and Testament

of Jonathan T. Gardner, deceased.

To Irvin N. Gardner:

You are hereby commanded to notify Delia E. Gardner- Jenette Ev:

ans- Lyman Gardner- Irvin Gardner- Byron A. Gardner

and Isabella Neds- that on the 16 day of May. A.D. 1890, an

instrument of writing purporting to be the last Will and Testament

of Jonathan T. Gardner, late of Liberty Township, in said County,

deceased, was produced in said Court, and an application to ad-

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

Court. Said applicaiton will be for hearing before this Court on

the 20" day of May. A.D. 1890, at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 16 day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned persons within named hereby acknowledge service

of the within Notice this 16th day of May A.D. 1890.

Delia E. Gardner.

Jenette Gardner Evans.

I.N. Gardner

B.A. Gardner

Isabell D. Neds.


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County,ss }

Personally appeared in open Court F.B.

Sprague and E. Pilse the subscribing witnesses to the last Will

and Testament of Jonathan T. Gardner, late of Liberty Township

in said Delaware 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, de-

pose and say: That the paper before them bearing date the 7' day

of March. A.D. 1882, purporting to be the last Will and Testa:

ment of Jonathan T. Gardner now deceased, is the Will of

said deceased Jonathan T. Gardner, 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 Jonathan T. Gard-

Delaware County Ohio Will Records Vol. 9 1890-1893 (46)

[page 46]

[corresponds to page 17 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jonathan T. Gardner's Will

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

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

said Johnthan T. Garnder at the time of making, signing

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

memory, and not uynder any restraint.

F. B. Sprague

E. Pike

Sworn to and subscribed by said witnesses, in open Court

this 20" day of May, A.D. 1890.

N. F. Overturf

Probate Judge

Journal Entry

May 20th 1890

In the Matter of the Will }
}
Jonathan T. Gardner decesed} Be it remembered, that hertofore,

to wit: on the 16th day of May.

A.D.1890 an instrument of writing, purporting to be the Last

Will and Testament of Jonathan T. Gardner, late of Liberty

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

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

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

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

record in the Court, has been given to Delia O. Gardner,

his widow - and Jenette Gardner Evans - and Isabell D. Neds

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

suant to a former order of this Court, thereupon, on this

day came F. B. Spraugue and E. Pike, the subscribing

witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said WIll, Which tes:

timony 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 Tes:

tament of said Jonathan T. Gardner, decesed. 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 that the same,

together with the proceedings had thereon, be entered of record in

this Court.

Citation ordered and issued to Delia E. Garner, widow of

said decedent, to elect as to said Will, as required by law.

N. F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (47)

[page 47]

[corresponds to page 18 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jonathan T. Gardner's Will

Copy of Will

In the name of the Benevolent Father of all:

I, Jonathan T. Gardner, of Libery Township, Delaware

County, Ohio, being of sound mind and memory, do now on this

7th day of Marchm A.D.1882, in the City of Delaware, Ohio,

make and declare the following to be my last Will and Testament

annulling all former Wills by me made.

Item 1st My beloved wife, if she survive me shall cause all my legal

debts to be paid.

Item 2d To my beloved wife Delia E. Garner I give and bequeath

in fee simple all my property both real and personal left

by me at the time of my decease, Having full confidence that

she will distribute what may be left at her death equitably

among my children. She however ful filling any contracts

made by me previous to my decease.

Item 3d I nominate and appoint my said wife Executrix, and ask the

court to waive Bond, Incentory and Appraisement of Person:

al Propery. And in case she my said Executrix shall desire

to sell realestate she is hereby authorized to do so and make

deeds for the same in as full manner as I could myself if

living without process of Court.

In testimony where of I have hereunto set my hand

and affixed my seal, at Delaware Ohio, this 7th day of

March 1882.

J. T. Gardner {seal}

Signed and sealed by said Jonathan T. Gardner as his

last Will and Testament in our presence, who in his presence

and in the presence of each other and by his special request

have signed the same as his witnesses on the day and year

above written,

F. B. Sprague

E. Pike.

Delaware County Ohio Will Records Vol. 9 1890-1893 (48)

[page 48]

[corresponds to page 19 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will

4711 Journal Entry

May 22d 1890.

In the Matter of the Authenticated }
}
Copy if the last Will and Testament}
}
of Nelson M. Hoffhines - late of: }
}
Frankin County, Ohio } An Authenticated Copy of

the last Will and Testament of

Nelson M. Hoffhines, late of Franklin County. Ohio, deceased,

and of the order 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 County, hereby admits said copies to record, as provided by

law in such cases.

N. F. Overturf

Probate Judge

"Copy"

Nelson M. Hoffhines Will.

In the Matter of the Will } Probate Court
}
Nelson M. Hoffhines, deceased } Franklin County, O.

Saturday, February 15th A.D. 1890

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

Will and Testament of Nelson M. Hoffhines, late of

Montgomery Township, in this County, deceased, was produced

in open Court of 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, 2 days prior thereto, that said appli:

cation will be for hearing before this Court, on the 19" day

of February,A.D.1890. at 2 o'clock P.M., saud notice to

be in writing and to be served on said parties personally, or by

leaving copies thereof at their usual place of residence.

Journal 33 page 357.

Charles G. Saffin

Probate Judge.

And afterwards, to-wit: on the 19 day of February. A.D.1890.

the findings and orders of this Court relative to the last

Will and Testament of Nelson M. Hoffhines deceased,

were entered on the Journal in words and figures following,

to-wit:

In the Matter of the Will of } Wednesday February 19"A.D.1890.
}
Nelson M. Hoffhines, deceased }

Be it Remebered, That, heretofore, to-wit: on the 15day of

February.A.D.1890, an instrument of writing, purporting

Delaware County Ohio Will Records Vol. 9 1890-1893 (49)

[page 49]

[corresponds to page 20 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will

to be the last Will and Testament of Nelson M. Hoffhines,

late of Montgomery Township, 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 the widow and next of kin of the Testator, pursuant to a for:

mer order of this Court: thereupon on this day came Geo.

S. Peters and F. J. Hoffhines the subscribing witnesses to

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

and attestation of said Will; which testimony was reduced to

writing, by them respectively subscribed, and filed with said

Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of

said Nelson M. Hoffhines, deceased, that the same was duly

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

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

mind and memory, and under no undue or unlawful restraint

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

Will be admitted to Probate, and that the same, together

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

Record in this Court.

Charles G. Saffin.

Probate Judge.

Journal.33 Page 367

In the name of the Benevolent Father of all:

I Nelson M. Hoffhines of the City of Columbus,

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

hereby revoking all former wills by me at any time heretofore

made.

1st It is my will and desire that all my just debts and

funeral expenses be paid as soon after my decase as may be

found practicable.

2nd I will devise and bequeath to my dear Mother Louisa

Jane Hoffhines the use of the old homestead in Berkshire

Township: Delaware County. Ohio, consisting of a house and about

one fourth acre of land, so long as she may desire to occupy the same

as a home. It being my desire to provide her a home at said

place so long as she may desire to occupy the same, free of expense.

At the death of my said Mother, or if she at any time should

move therefrom and not desire to longer occupy the said property as a home

then I will desire and bequeath the same to my dear wife Theresa

M to her and her heirs forever.

3rd I will devise and bequeath to my dear wife Theresa M. all the

rest and residue of my property both real and personal, wherever the

same may be situate to her and her heirs forever.

4th I hereby nominate and appoint my said wife Theresa M. sole

executrix of this my last will and testament, and direct that no in

Delaware County Ohio Will Records Vol. 9 1890-1893 (50)

[page 50]

[corresponds to page 21 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will.

ventory or appraisement be made of my estate; and that my said

executrix be not required to give any bond for the faithful execution

of this trust.

In testimony whereof I hereunto set my hand and seal this 19th

day of January. A.D.1890.

Nelson M. Hoffhines. {seal}

Signed by the said Nelson M. Hoffhines and acknowlged by him

to be his last will testament in our presence, and signed by us in

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

date aforesaid.

Geo. S. Peters.

F. J. Hoffhines.

Testimony

The subscribibng witnesses to said Will, after being duly sworn to

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

to the execution of said Will, testified thereto in open Court, which

and is in words and figures follwoing, to-wit:

The State of Ohio }

Franklin County.ss } Probate Court.

We, George S. Peters and F. J. Hoffhines being

duly sworn in open Court, this 19 day of February. A.D.1890. depose

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

Testament of Nelson M. Hoffhines, deceased, hereunto annexed.

That we saw Nelson M. Hoffhines said Testator Nelson M. Hoffhines

subsribe said Will, and heard him publish and declare the same to be

his last Will and Testament; and that the said Nelson M. Hoffhines

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

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

same as wintesses at this request and in his presence.

Geo. S. Peters

F. J. Hoffhines.

Sworn to and subscribed in open Court, on the day and year first above written.

{seal} Charles G. Saffin

Proabate 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 Nelson M. Hoffhines, 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 reduced to writing and filed, and as recorded in Record of

Wills. Vol.M. Page 164.

Witness my official signature, and the seal of said

Court, at Columbus, this day of A.D.188 _____

{seal} Charles G. Saffin

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (51)

[page 50]

[corresponds to page 21 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will.

ventory or appraisement be made of my estate; and that my said

executrix be not required to give any bond for the faithful execution

of this trust.

In testimony whereof I hereunto set my hand and seal this 19th

day of January. A.D.1890.

Nelson M. Hoffhines. {seal}

Signed by the said Nelson M. Hoffhines and acknowlged by him

to be his last will testament in our presence, and signed by us in

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

date aforesaid.

Geo. S. Peters.

F. J. Hoffhines.

Testimony

The subscribibng witnesses to said Will, after being duly sworn to

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

to the execution of said Will, testified thereto in open Court, which

and is in words and figures follwoing, to-wit:

The State of Ohio }

Franklin County.ss } Probate Court.

We, George S. Peters and F. J. Hoffhines being

duly sworn in open Court, this 19 day of February. A.D.1890. depose

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

Testament of Nelson M. Hoffhines, deceased, hereunto annexed.

That we saw Nelson M. Hoffhines said Testator Nelson M. Hoffhines

subsribe said Will, and heard him publish and declare the same to be

his last Will and Testament; and that the said Nelson M. Hoffhines

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

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

same as wintesses at this request and in his presence.

Geo. S. Peters

F. J. Hoffhines.

Sworn to and subscribed in open Court, on the day and year first above written.

{seal} Charles G. Saffin

Proabate 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 Nelson M. Hoffhines, 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 reduced to writing and filed, and as recorded in Record of

Wills. Vol.M. Page 164.

Witness my official signature, and the seal of said

Court, at Columbus, this day of A.D.188 _____

{seal} Charles G. Saffin

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (52)

[page 52]

[corresponds to page 23 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary E. Wheaton's Will 23

The foregoing application was signed in my presence and sworn to

before me, this 27th day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.



Notice

The State of Ohio } In Probate Court.

Delaware County ss }

In the Matter of the last Will and Testament

of Mary E. Wheaton, deceased.

To H.L. Wheaton:

You are hereby commanded to notify Clinton S. Wheaton

Sarah F. Condit - Charles M. Wheaton, Otis A.Wheaton-

and Lulie Clawson, that on the 27th day of May. A.D. 1890 an

instrument of writing, purporting to be the last Will and Testament

of Mary E. Wheaton, late of Berkshire Township, in said

county, deceased, was produced in said in 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 10" day of June. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 27" day of May. A.D. 1890.

N.F. Overturf

Probate Judge.


Proof of Service

The State of Ohio }

Delaware County,ss } H.L. Wheaton being duly sworn says

that on the 30 & 31 days of May A.D. 1890,

he served the within notice by delivering a true copy thereof to the

within named Clinton S. Wheaton, Charles M. Wheaton-

Otis A. Wheaton and Sarah F. Condit, and served in same manner

Lulie Clawson on the 6" day of June. 1890.

H.L. Wheaton.

Subscribed in my presence and sworn to before me this 10" day

of June A.D. 1890.

N.F. Overturf

Probate Judge


Probate of Will

The State of Ohio } In Probate Court.

Delaware County,ss}

Personally appeared in open Court A.G. Wil:

cox and Jas. S. Pierson the subscribing witnesses to the last Will and

Testament of Mary E. Wheaton, 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,

Delaware County Ohio Will Records Vol. 9 1890-1893 (53)

[page 53]

[corresponds to page 24 of Delaware County Ohio Will Records Vol. 9 1890-93]


24 Mary E. Wheaton's Will.

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

paper before them bearing date the 31st day of Aug. A.D. 1885, pur-

porting to be the last Will and Testament of Mary E. Wheaton

now deceased, is the Will of said deceased Mary E. Wheaton, that

they were present at the execution of said Will, and at the request

of the Testatrix, respectively subscribed their names to the same as

witnesses, in her presence; that they saw the said Mary E. Wheaton

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

to be her last Will and Testament, and that the said Mary E. Whea-

ton at the time of making, signing and sealing said Will, were of full

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

A.G. Wilcox

Jas. E. Pierson

Sworn to and subscribed by said witnesses, in open Court, this 10th

day of June. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

June 10th 1890

In the Matter of the Will of }

Mary E. Wheaton-deceased } Be it remembered that heretofore, to wit

on the 27" day of May. A.D. 1890 an

instrument of writing, purporting to be the last Will and Testament

of Mary E. Wheaton, late of Berkshire 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 filing of said Will, and of the application to admit

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

Harvey L. Wheaton- Clinton S. Wheaton- Sarah F. Condit-

Charles M. Wheaton- Otis A. Wheaton- and Lulu Clawson

next of kin of the Testatrix, resident of the State of Ohio, pursu:

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

A.G. Wilcox and Jas. E. Pierson 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 Mary E. Wheaton- 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 therein be entered of record

in this Court.

N.F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (54)

[page 54]

[corresponds to page 25 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary E. Wheaton's Will 25

Copy of Will

State of Ohio, Delaware County

In the name of the Benevolent Father of All, I Mary E.

Wheaton, being of sound mind and memory, and in view of the uncertain:

ty of this life do hereby make and publish this my last will and

testament, in manner following.

Item 1st

I desire and request that my just debts and funeral expenses be

first paid from my state.

Item 2nd

I give and bequeath to the Woman's Foreign Missionary Society

of the Presbyterian Church a corporation created under and by virture

of the laws of the State of Pennsylvania and having its principal

place of business in the City of Philadelphia the sum of One

Hundred Dollars.

Item 3rd

I give and bequeath to the board of home missions of the Presby:

terian Church in the United States of America incorporated by

the Legislature of the State of New York, the sum of One Hun:

dred dollars, in trust to be appropriated and applied for the use and

benefit of the Womans Executive Committee of Home Missions

of the Presbyterian Church.

Item 4th

I give and bequeath to my two sons Charles M. Wheaton, Otis

A. Wheaton each One Hundred Dollars

Item 5th

I give and bequeath to each and every one of my grandchildren

who shall be living at my demise the sum of One Hundred

Dollars.

Item 6th

And it is my will and request that after the above requirements

and items of this my will have complied with and paid that the

balance of my estate whether personal or real shall be equally

divided between my six children, namely Harvey L. Wheaton-

Clinton S. Wheaton- Eva D. Ganshaw Sarah F. Condit, Charles

M. Wheaton and Otis A. Wheaton.

Witness my hand and seal this 31st day of August in

the year of our Lord one thousand eight hundred and eight five.

Mary E. Wheaton {Seal}

signed sealed and published by Mary E. Wheaton as her last Will

and Testament in our presence, and by us in her presence and in

presence of each other. This 31st day of Aug. A.D. 1885.

A.G. Wilcox

Jas. E. Pierson


{This foloowing is a copy of the writing on }

{a slip of paper penned to the original Will}

{when filed in this Court. }

N.F. Overturf

Probate Judge


Article 5th I abrogate and in its place I give and bequeath

to my Grand daughter Lulie Clawson at my demise the

sum of one hundred dollars.

Delaware County Ohio Will Records Vol. 9 1890-1893 (55)

[page 55]

[corresponds to page 26 of Delaware County Ohio Will Records Vol. 9 1890-93]

26 Benjamin H. Warner's Will

Journal entry

April 26th 1890.

In the Matter of the Will }

of Benjamin H. Warner- de: }

ceased. ~ } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

Benjamin H. Warner, late of Radnor Township, in this County-

deceaseed, 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 Henry Warner- Lucinda Baker-

Edward Lydick and Daisy May Wilt 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 17th day of May. A.D. 1890, at 10 o'clock

A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will.

The State of Ohio } In Probate Court

Delaware County,ss }


In the Matter of the last Will }

and Testament of Benjamin H. } Application to Admit to Probate.

Warner- deceased. }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Benjamin H. Warner, late a resident of the Township of Rad:

nor in said county, died on or about the 14 day of February. A.D.

1890. leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Benjamin H. Warner

died leaving no widow, and the following named persons his only next

of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address

Henry Warner Brother Plain City O.

Lucinda Baker Sister Radnor O.

Edward Lydick Nephew

Daisy May Wilt Niece Defiance O.

Your petitioner prays that a time may be fixed for the proving of said Will

and that said above persons may be notified according to law

of the pending of said proceedings.

Jns A. Cone

The foregoing application was signed in my presence and sworn to be:

fore me, this 26th day of April. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (56)

[page 56]

[corresponds to page 27 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner Estate 27

Notice

The State of Ohio } In Probate Court.

Delaware County,ss }

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased.

To the Sheriff of Defiance County, Ohio,

You are hereby commanded to notify Daisy May Wilt that on the

26th day of April. A.D. 1890. an instrument of writing, purporting

to be the last Will and Testament of Benjamin H. Warner, late of

Radnor Township, in said county, deceased, was produced in said

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 17th day of May. A.D. 1890. at

10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 26th day of April- A.D. 1890.

N.F. Overturf

{Seal} Probate Judge,


Proof of Service Filed April 30 1890.

The State of Ohio }

Defiance County,ss } Received this Writ on the 27 day of April.

A.D. 1890, and I served the within notice

by delivering a true copy there, to the within named Daisy May

Wilt, also Mrs ~ Wilt her Mother whom said minor

Daisy May Wilt lives with

Orlando Ewing.

Sheriff of Defiance County. Ohio.

Notice

The State of Ohio } In Probate Court,

Delaware County,ss }

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased

To the sheriff of Union County. Ohio.

You are hereby commanded to notify Henry Warner that on the

26th day of April. A.D. 1890, an instrument of writing, purport:

ing to be the last Will and Testament of Benjamin H. Warner,

late of Radnor Township: in said County, deceased, was produced

in said Court, and an application to admit the same to probate

was on the same day made in said Court on the 17th day of May.

A.D. 1890. at 10 'clock A.M.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (57)

[page 57]

[corresponds to page 28 of Delaware County Ohio Will Records Vol. 9 1890-93]


28 Benjamin H. Warner's Will

Proof of Service Filed. May 6" 1890.

The State of Ohio }

Union County,ss } Received this Writ on the 28th day of April.

A.D. 1890, and served the within notice by de:

livering a true copy thereof to the within named Henry Warner

on the 1st day of May. 1890.

Thomas Martin

Sheriff. Union Co. Ohio.


Notice

The State of Ohio } In Probate Court.

Delaware County ss }

In the matter of the last Will and Testament

of Benjamin H. Warner deceased.

To Jns A. Cone:

You are hereby commanded to notify Lucinda Baker that on the

26th day of April. A.D. 1890. an instrument of writing, pur:

porting to be the last Will and Testament of Benjamin H. War:

mer. late of Radnor Township, in said county, deceased, was pro:

duced in said 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 17th day of May

A.D. 1890 at 10 o'clock A.M.

Witness my hand and seal of said Probate Court

at Delaware Ohio this 26th day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed May 17" 1890

The State of Ohio }

Delaware County ss } Jns. A. Cone being duly sworn, says that on

the 30th day of April A.D. 1890, he served

the within notice by delivering a true copy to the within

named Lucinda Baker

Jns. A. Cone.

Subscribed in my presence and sworn to before me this 17th

day of May. A.D. 1890.

N.F. Overturf

Probate Judge


Journal Entry

May 17th 1890.

In the Matter of the Will of: }

Benjamin H. Warner, decd }

Edward Lydick, not having been served

with Notice, as was ordered by the Court, the hearing of the

Will of Benjamin H. Warner deceased, is continued until

Delaware County Ohio Will Records Vol. 9 1890-1893 (58)

[page 58]

[corresponds to page 29 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will 29

the 11th day of June A.D. 1890. at 10 o'clock A.M., and Notice

issued to said Edward Lydick, accordingly

N.F. Overturf

Probate Judge


Notice

The State of Ohio } In Probate Court.

Delaware County, ss}

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased.

To William J. Davis- Sheriff of Del:

aware County Ohio:

You are hereby commanded to notify Edward

Lydick that on the 16th day of April A.D. 1890, an instrument

of writing purporting to be the last Will and Testament of Benja:

min H. Warner, late of Radnor Township, in said County,

deceased, was produced in said 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 11th

day of June. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 17th day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed June 3rd 1890

The State of Ohio }

Delaware County.ss } Received this Writ on the 17" day of May A.D.

1890. and on the 3rd day of June. I served

this summons on the within named defendant Edward Lydick

by delivering to him a true copy of this summons with all the en:

dorsements therein.

William J. Davis- Sheriff



Probate of Will Filed June 11th 1890.

The State of Ohio } In Probate Court

Delaware County,ss }

Personally appeared in open Court W.H.

Dildine and Ella Dildine the subscribing witnesses to the

last Will and Testament of Benjamin H. Warner, 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 ex:

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

them bearing date the 9" day of December A.D. 1889 pur:

Delaware County Ohio Will Records Vol. 9 1890-1893 (59)

[page 59]

[corresponds to page 30 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will

porting to be the last Will and Testament of Benjamin H. Warner

now deceased, is the Will of said deceased Benjamin H. War:

ner 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 H. Warner deceased sign and seal said Will and

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

ment, and that the said Benjamin H. Warner 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. Dildine

Ella Dildine

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

11" day of June. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

June 11th 1890.

In the Matter of the Will of }

Benjamin H. Warner - deceased }

Be it remembered that heretofore

to wit on the 26th day of April A.D. 1890 an instrument of

writing, purporting to be the last Will and Testament of Ben:

jamin H. Warner, 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 Henry Warner, Lucinda Baker- Edward Lydick and

Daisy May Wilt 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 W. H. Dildine and Ella

Dildine 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:

scirbed, and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and Tes:

tament of said Benjamin H. Warner, 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 proceedings had

thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (60)

[corresponds to page 30 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will 31

Copy of Will

In the Name of the Benevolent Father of All, Amen:

I, Benjamin H. Warner, 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 all my just debts and funeral expenses be

paid out of my estate.

Item 2nd

I give and bequeath to my sister Lucinda Baker all the

wearing apparel that I may have besides what may be

needed for my burial.

Item 3rd

I hereby will and direct that my Executor hereinafter

named, shall carry out to the letter a certain contract which

I heretofore entered into with Pell Feed for the sale and con:

vey and to said Pell Feed of the House and Lot situated in the

Village of Radnor, Delaware County, Ohio, as is specified

in a written memorandum of said contract which is in the

possession of Jns. A. Cone in the same manner as I agreed

to do for myself in said contract; and I desire my said Ex:

ecutor to carry out said agreement without being put to the

trouble and expense of getting any order or authority from any

Court.

And as

Item 4th

of this Will, I hereby authorize and direct my said herein:

after named Executor to convert into money my accounts and

chores in action, including an interest which I have in

the Horse Importing Company and in certain Horses and

Book Accounts belonging to said Horse Company, and

after paying my just debts and funeral expenses as directed

in the 1st Item of this Will, costs and expenses of adminis:

tration etc, and liberal and just compensation to Mr. W. H.

Dildine and his wife Mrs. Dildine for their kind, gererous

and disinterested care of me in my sickness. I desire my

said Executor to expend whatever remainder there may be

of my estate in having erected a suitable monument and

markers for my own grave and for the graves of my deceased

Father, mother and sister who are buried in the Ceme:

tery at Radnor, Ohio, with suitable and appropriate inscrip-

tions thereon.

Item 5"

I hereby appoint and constitute my friend John A.

Cone, Executor of this my last Will and Testament

and desire that he may be authorized by the Probate

Court to dispose of my interest in the Horses named

in a previous item of this Will at private sale on just

and fair terms, and also to adjust and compromise any

claims which I may hold against any other person,

or that any other person may have against me: and

I especially direct my said Executor to carry out

Delaware County Ohio Will Records Vol. 9 1890-1893 (61)

[page 61]

[corresponds to page 32 of Delaware County Ohio Will Records Vol. 9 1890-93]


32 Benjamin H. Warner's Will

the contract above referred to between myself and Pell Feed.

In testimony whereof I hereto subscribe my name and

affix my seal, this 9th day of December, in the year of our

Lord, One Thousand Eight Hundred and Eighty Nine.
his
Benjamin H. Warner. Seal.
mark

Signed by the said Benjamin H. Warner 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 9th

day of December. A.D. 1889.

W. H. Dildine

Ella Dildine

Delaware County Ohio Will Records Vol. 9 1890-1893 (62)

[corresponds to page 33 of Delaware County Ohio Will Records Vol. 9 1890-93]

Oliver Webster's Will

Journal Entry

July 11th 1890,

In the Matter of the Will of:}

Oliver Webster, deceased. }

This day, an instrument of writing,

purporting to be the last Will and Testament of Oliver Webster-

late of Berkshire 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

thereupon came Nancy Webster- widow- Orlena Ramage only

heir of Testator, and Nora Ramage and Retta Ramage

Legatees- and in writing waived Notice and consented to the probate

of said Will. And thereupon came Emery Young and C.W.

Webster 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 Oliver Webster, 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 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.

Citation ordered and issued to Nancy Webster, widow of said

decedent to elect as to said Will as required by law.

N. F Overturf

Probate Judge.


Application for Probate of Will Filed July 11/90


The State of Ohio } In Probate Court

Delaware County,ss}


In the Matter of the Last}

Will and Testament of } Application to Admit to Probate-

Oliver Webster, deceased }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Oliver Webstger late a resident of the Township of Berk:

shire in said County, died on or about the 2 day of July. A.D.

1890. leaving an instrument in writing, hereto attached, purporting

to be his last Will and Testament. That the said Oliver

Webster died leaving Nancy Webster widow and the following

named person his only next of kin resident of the State of

Ohio

Delaware County Ohio Will Records Vol. 9 1890-1893 (63)

[page 63]

[corresponds to page 34 of Delaware County Ohio Will Records Vol. 9 1890-93]


34 Oliver Webster Will

Name Degree of Kinship P.O. Address-

Orlena Ramage- Daughter Delaware O.


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be not=

ified according to law of the pending of said proceedings.

Orlena Ramage.

The foregoing application was signed in my presence and sworn

to before me, this 9" day of July A.D. 1890.

N.F. Overturf

Probate Judge.


"Waiver" Filed July 11/90

We, the undersigned, widow & next of kin & legatees of the within

named decedent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 9th day of July. A.D. 1890.

Nancy Webster Cora Ramage

Orlena Ramage. Retta Ramage


Probate of Will

The State of Ohio } In Probate Court.

Delaware County,ss }

Personally appeared in open Court Emery

Young and C.W. Webster the subscribing witnesses to the last will

and Testament of Oliver Webster, 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 7" day of April- A.

D. 1890- purporting to be the last Will and Testament of Oliver Webster

now deceased, is the Will of said deceased Oliver Webster, 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 wit-

nesses, in his presence; that they saw the said Oliver Webster

deceased sign and seal said Will, and heard him acknowledge

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

Oliver Webster 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.

Emery Young

C.W. Webster.

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

11th day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (64)

[page 64]

[corresponds to page 35 of Delaware County Ohio Will Records Vol. 9 1890-93]


Oliver Webnster's Will 35


"Copy of Will

In the name of the Benevolent Father of All, I, Oliver Webster

of Berkshire Township, Delaware County. Ohio being of sound mind

and lawful age do make and publish this my last Will and

Testament.

Item 1st

I desire that my Executor hereinafter named shall pay all my

debts and funeral expenses.

Item 2nd

I will all my property real and personal to my beloved wife Nancy

Webster, said property both real and personal to be controled by

my Executor hereinafter named and invested by him and the pro:

ceeds of said investment to be used for her support as long as

she may live and the surplus if any to be re-invested by by

said Executor. And after, the demise of my beloved wife and

her funeral expences are paid I desire that my property be divid-

ed as follows: One half to my beloved daughter Orlena Ram:

age, One Fourth to my beloved Grand-daughter Cora B. Ram:

age, One Fourth to my beloved Grand-daughter Retta Ram:

age.

Item 3rd

I desire that there be no appraisement of my personal or real

property and I desire that the Probate Court so order, and that

there be no sale of either unless thought best by my Executor.

Item 4th

I desire that my Executor shall erect a suitable monument

to make my resting place and that my beloved daughter Orle:

na Ramage shall be consulted in this matter.

Item 5th

If at any time my beloved daughter, Orlena Ramage desire

to occupy the homestead on which I now live I empower my

Executor to allow her the use of the same without rental.

Item 6th

I request my Executor to keep my real property in a good

state of repair.

Item 7th

I hereby nominate and appoint C.W. Webster my Executor

of this my last Will and empower him to compromise, adjust, re:

lease and discharge in such manner as he may deem proper,

the debts and claims due me. I do hereby revoke all former

Wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 7th day of April A.D. 1890.

O. Webster [Seal]


Signed and sealed and acknowledged

by said Oliver Webster as his

last Will and Testament in our pres:

ence and signed by us in his presence.

Emery Young.

C.W. Webster.

Delaware County Ohio Will Records Vol. 9 1890-1893 (65)

[page 65]

[corresponds to page 36 of Delaware County Ohio Will Records Vol. 9 1890-93]


36 Stephen Charles Will

Journal Entry

July. 21st 1890.

In the Matter of the Nuncupative}

Will of Stephen Charles-deceased} This day, an instrument of writing, pur:

porting to be the Nuncupative Will of

Stephen Charles, 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 Jesse Charles- Iva E. Charles. Sherman Charles. and

Nelson Charles, next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing before this Court

on the 26th day of July. A.D. 1890. at 9 o'clock A.M., (Mary A.

Charles, widow, having in writing, waived notice and consent to the

probate of said Will.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County,ss }


In the Matter of the last Will }

and Testament of Stephen Char: } Application to Admit to Probate.

les-deceased. ~ }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

Stephen Charles, late of resident of the Township of Thompson in said

County, died on or about the 14 day of July A.D. 1890. leaving a state:

ment in the presence of witnesses which has been reduced to writing, hereto

attached, purporting to be his last Will and Testament. That the said

Stephen Charles died leaving Mary A. Charles widow and the following

named persons his only next of kin resident of the State of Ohio


Name Age of Degree of Kinship P.O. Address
Minor

Jesse Charles 16 Son Radnor O

Iva O. charles 12 Daughter " "

Sherman Charles 7 Son " "

Nelson Charles 3 " " "

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.

Mary A. Charles.

The foregoing application was signed in my presence and sworn to be-

fore me, this 21st day of July. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (66)

[page 66]

[corresponds to page 37 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Charles Will 37

"Waiver"

I, the undersinged Mary A. Charles, widow, of the within named de:

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

Will.

Dated this 21st day of July. A.D. 1890.

Mary A. Charles.


Notice

The State of Ohio } In Probate Court.

Delaware County,ss.}

In the Matter of the last Will and Testament

of Stephen Charles deceased.

To Mary A. Charles:

You are hereby commanded to notify Jes-

se Charles- Iva E. Charles- Sherman Charles and Nelson Charles-

that on the 24th day of July. A.D. 1890, an instrument of writing, pur:

porting to be the last Will and Testament of Stephen Charles, late

of Thompson Township, in said County- deceased, was produced in said

Court, and an application to admit the same to probate was on the

same day made in said court. Said application will be for hear:

ing before this Court on the 26th day of July. A.D. 1890. at 9 o'clock

A.M.,

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 21st day of July. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge


Proof of Service

The State of Ohio }

Delaware County,ss } Mary A. Charles being duly sworn, says

that on the 21st day of July. A.D. 1890, she served

the within notice by delivering a true copy thereof to the within named

Jesse Charles- Iva E. Charles- Sherman Charles and Nelson Charles.

Mary A. Charles

Subscribed in my presence and sworn to before me this 26th day of July.

A.D. 1890.

N.F. Overturf

Probate Judge


Testimony of witness - to Verbal Will

The State of Ohio }

Delaware County,ss } In the Matter of the Probate of the Last

Will and Testament of Stephen Char:

les. Deceased.

Be it Remembered, That on this 21st day of July. A.D.

1890, there personally appeared before me, the undersigned, Judge

of the said Probate Court of Delaware County. Ohio. Jacob F.

Delaware County Ohio Will Records Vol. 9 1890-1893 (67)

[page 67]

[corresponds to page 38 of Delaware County Ohio Will Records Vol. 9 1890-93]


38 Stephen Charles Will

Smith and William J. Cone the subscribing witnesses to the paper

now here presented to them, purporting to be the verbal last Will and

Testament of Stephen Charles late a resident of said County, who

being of lawful age and first duly sworn, depose and say that they were

both present at the time the testamentary words set forth in said pa:

per were spoken by the said stephen Charles; that the same were

so spoken on the 14th day of July. A.D. 1890- as set forth in said

paper; that the said words were so spoken during the last sickness

of the said Stephen Charles that they said Stephen Charles then and
there called upon the said Ja:

cob F. Smith and William J. Cone who were then and there present

as aforesaid, to bear testimony to said disposition of his property as his

will, and that the said Testator Stephen Charles was at the time

said testamentary words were so spoken as aforesaid, of sound mind and

memory and not under any restraint; they further depose and say

that afterwards, to-wit: on said 14' day of July. A.D. 1890. said

Stephen Charles died and that they, the said Jacob F. Smith

and William J. Cone are disinterested witnesses.

Jacob F. Smith

William J. Cone.

Sworn to before me and subscribed in my presence this 21st

day of July A.D. 1890.

N.F. Overturf

{Seal} Probate Judge



"Copy of Will"

Verbil Will of Stephen Charles, Deceased late of Thompson

Township Delaware County Ohio, in the last hours of his life

He Will unto his wife Mary Charles after all his just and

honorable debts are paid, the remainder of all his Estate both

Real and Personal as long as she may live unless she may

want to help her children, then after her death to be divided

among his children.

Witnesses this 14" day of July. in the year of our Lord

1890.

Jacob F. Smith

William J. Cone.


Journal Entry

July 26st 1890.

In the Matter of the Nuncupative}

Will of Stephen Charles-ceceased}

Be it remembered, that heretofore

to wit: on the 21st day of July. A.D. 1890. an instrument of

writing purporting to be the Nuncupative Will of Stephen

Charles, late of Thompson Townshipin 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

Delaware County Ohio Will Records Vol. 9 1890-1893 (68)

[page 68]

[corresponds to page 39 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Charles Will 39

same to probate and record in this Court, has been given to Jesse Char:

les- Iva E. Charles- Sherman Charles and Nelson Charles

next of kin of the Testator, resident of the State of Ohio pursu:

ant to a former order of this Court (Mary A. Charles, widow

having waived Notice). and Jacob F. Smith and William

J. Cone the subscribing witnesses to said Will, having appeared

in open Court, were duly sworn, and 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

Nuncupative Will of said Stephen Charles- deceased, and

that said Will was reduced to writing, within ten days from the

death of said Testator. That the same was duly executed and

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

Will, was in his last sickness, and 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.

Citation ordered and issued to Mary A. Charles, widow of said

decedent, to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (69)

[page 69]

[corresponds to page 40 of Delaware County Ohio Will Records Vol. 9 1890-93]


40 Albert J. Caulkin's Will

Journal Entry

July 19th 1890

In the Matter of the Will of }

Albert J. Caulkins-deceased. } This day an instrument of writing: purporting

to be the last Will and Testament of Albert

J. Caulkins, late of Berlin 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 there:

of, and of the application to admit the same to probate and record be given

to Jane M. Caulkins- Plimy Caulkins- Edna B. Caulkins- and

Etna D. Caulkins next of kin of the Testator, resident of the State

of Ohio, that said application will be for hearing before this Court on

the 26th day of July. A.D. 1890. at 2 o'clock P.M. (Martha Caulk:

ins- widow- having in writing waived Notice and consented to the pro:

bate of said Will.)

N.F. Overturf

Probate Judge:


Application for Probate of Will


The State of Ohio } In Probate Court

Delaware County,ss }


In the Matter of the last Will}

and Testament of Albert J. } Application to Admit to Probate

Caulkins- deceased ~ }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Albert J. Caulkins, late a resident of the Township of Berlin, in

said county, died on or about the 14th day of July. A.D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament; That the said Albert J. Caulk:

ins died leaving Martha Caulkins his widow and the following

named persons his only next of kin resident of the State of Ohio

Name Age of Degree of Kinship P.O. Address
Minor
George L. Caulkins Son Hampton Nebraska

William O. Caulkins " " "

Ella Hansen Daughter " "

Dora A. Butterfield " Los Ang. California

Jane M. Caulkins " Constantia Ohio

Plimy Caulkins 19 Son " "

Chloe E. Caulkins 16 Daughter Los Angeles California

Edna B. Caulkins 11 " Constantia Ohio

Etna D. Caulkins 11 " " "


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified

Delaware County Ohio Will Records Vol. 9 1890-1893 (70)

[page 70]

[corresponds to page 41 of Delaware County Ohio Will Records Vol. 9 1890-93]


Albert J. Caulkins Will 41

according to law of the pending of said proceedings

Martha Caulkins.

The foregoing application was signed in my presence and sworn

to before me, this 19th day of July. A.D. 1890.

N.F. Overturf

{Seal} 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 19th day of July. A.D. 1890.

Martha Caulkins

Notice

The State of Ohio } In Probate Court

Delaware County.ss,}

In the Matter of the last Will and Testa:

ment of albert J. Caulkins, deceased

To Martha J. Caulkins:

You are hereby commanded to notify

Jane M. Caulkins- Plimy Caulkins; Edna B. Caulkins;

and Etna D. Caulkins that on the 19th day of July A.D. 1890.

an instrument of writing, purporting to be the last Will and Tes:

tament of Albert J. Caulkins, late of Berlin Township, in said

County deceased, was produced in said 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 Juyly. A.D. 1890, at 2 o'clock P.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio- this 19th day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service

The State of Ohio }

Delaware County,ss } Martha J. Caulkins- being duly sworn,

says that on the 19th day of July. A.D.

1890, she served the within notice and delivering a true copy thereof

to the within named Jane M Caulkins- Plimy Caulkins:

Edna B. Caulkins and Etna D. Caulkins.

Martha Caulkins.

Subscribed in my presence and sworn to before me this 26th day

of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (71)

[page 71]

[corresponds to page 42 of Delaware County Ohio Will Records Vol. 9 1890-93]


42 Albert J. Caulkins Will

Probate of Will


The State of Ohio } In Probate Court

Delaware County,ss }

Personally appeared in open Court Jinks Bock:

oven and Thomas R. Smith the subscribing witnesses to the last Will

and Testament of Albert J. Caulkins, 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 24th day of December. A.D. 1889, purporting

to be the last Will and Testament of Albert Caulkins now deceased

is the Will of said deceased, Albert Caulkins, that they were

present at the execution 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 Albert J. Caulkins de:

ceased sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said Albert Caulk:

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

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

Jinks Bockover

Thomas R. Smith

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

26th day of July. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Reading

July 26th 1890.

In the Matter of the Will of Albert}

J. Caulkins. deceased ~ } Be it remembered, that heretofore

to wit: on the 19th day of July. A.

D. 1890, an instrument of writing, purporting to be the last Will and

Testament of Albert J. Caulkins, late of Berlin Township, in

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

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

Court, that due notice of the filing of said Will, and of the appli:

cation to admit the same to probate and record in this Court,

has been given to Jane M. Caulkins- Pliny Caulkins_

Edna B. Caulkins and Etna D. Caulkins next of kin of the

Testator, resident of the State of Ohio, pursuant to a former

order of this Court, (Martha Caulkins, widow having waived

Notice): thereupon, on this day came Jinks Bockoven and

Thomas R. Smith 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 instrument of writing is the last

Will and Testament of said Albert J. Caulkins, deceased.

Delaware County Ohio Will Records Vol. 9 1890-1893 (72)

[page 72]

[corresponds to page 43 of Delaware County Ohio Will Records Vol. 9 1890-93]


Albert J. Caulkins Will 43

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 proceeding had thereon,

be entered of record in this Court.

N.F. Overturf.

Probate Judge.

"Copy of Will"

Know all men by these Presents That I Albert J. Caulkins of

Berlin Township Delaware County, Ohio, being of sound and disposing

mind & memory, do make publish & declare this to be my last

Will & Testament & I do hereby revoke all wills heretofore made

by me.

I.

All my just debts are to be paid as soon as practicable after

my decease.

II.

I give & bequeath to my wife Martha the use, income & profits

of all my property both real & personal during her natural life,

should she remain a widow. Should she marry again or should

she not need the use & profits of the property as above set forth,

then & in that event so much of the property as may be left &

aside from her dower interest I give & bequeath to my children share

& share alike

III

Should the real estate remain undivided until the death of my

wife Martha, then I give and bequeath all my property both real &

personal to my children share & share alike.

In testimony hereof I hereto set my hand & seal this

24th day of December. A.D. 1890.
his.
Albert J. X Caulkins-
mark


Signed by Albert J. Caulkins in our presence & by us signed in

his presence & at his request as witnesses hereto - Dec. 24th 1889.

Jinks Bockoven

Thomas R. Smith-

Delaware County Ohio Will Records Vol. 9 1890-1893 (73)

[page 73]

[corresponds to page 44 of Delaware County Ohio Will Records Vol. 9 1890-93]




Rowland Rees Will

Journal Entry

July 28, 1890 }
}
In the Matter of the Will of }
} This day an instrument of writing, pur:
Rowland Rees. deceased }
porting to be the last Will and Testament

of Rowland Rees, late of Radnor Township, in this County, deceased

was produced in open Court of Probate; in consideration where of, it

is ordered that the said Will be filed in this Court. And it appear:

ing to the Court that there are no next of kin of said Testator, resi:

dent of the State of Ohio, thereupon came Jno A. Cone one of the

subscribing witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will, which testmony was

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

And it appearing that Thomas Edwards, the other subscribing

witness to said Will, is now deceased, thereupon came David W.

Jones into open Court, and was duly sworn, and examined accord:

ing to law touching the geniuneness of the signature of said Thomas

Edwards, attached to said Will, and his testimony reduced to writ:

ing and filed. Whereupon the court finds that the aforesaid in:

strument of writing is the last Will and Testament of said Rowland

Reese, 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

with the testimony of the witnessses above names, as well as the

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

N. F. Overturf.

Probate Judge.

Application for Probate of Will

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

In the Matter of the last Will }
}
and Testament of Rees Row: }
} Application to Admit to Probate.
land, deceased. }

To the Hon. N. F. Overturf. Judge

of the Probate Court and for said County:

Your petitioner respectfully represents that

Rowland Reese, late a resident of the Township of Radnor in said

County died on or about the 29th day of June. A.D.1890, leav:

ing an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Rowland Reese

died leaving no widow nor next of kin resident of the State of Ohio.

Your petitioner prays that a time may be fixed for the proving of

said Will.

Robert Rowlands.

Delaware County Ohio Will Records Vol. 9 1890-1893 (74)

[page 74]

[corresponds to page 45 of Delaware County Ohio Will Records Vol. 9 1890-93]


Rowland Rees' Will

The foregoing application was signed in my presence and sworn

to before me, this 28th day of July A.D.1890

N. F. Overturf
{seal}
Probate Judge

Probate of Will

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

Personally appeared in open Court John A.

Cone one of the subscribing witnesses to the last Will and Testament of

Rowland Rees, 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, deposes and says: That the paper before

him bearing date the 3rd day of December A.D.1885, purporting to

be the last Will and Testament of Rowland Rees now deceased, is

the last Will of said deceased, Rowland Rees, that he was present at

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

scribed his name to the same as a witness in his presence; that

he saw the said Rowland Rees deceased sign and seal said Will,

and heard him acknowledge the same to be his last will and testa:

ment, and that the said Rowland Rees at the time of making, sing;

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

memory, and not under any restraint. Affiant further

states that the other subscribing witness Thomas Edwards, who

signed said Will at the same time with affiant is now deceased.

Jno. A. Cone.

Sworn to and subscribed by said wintess in open Court, this 28th

say of July A.D.1890.

N. F. Overturf

Probate Judge


Proof of. Signature of Witness to Will

The State of Ohio }
}
Delaware County.s.s } David W. Jones being duly sworn, says

that he was well acquainted with Thomas

Edwards who is now deceased, that he was well acquainted with

the hand writing of the said Thomas Edwards, having often seen

him write, that the signature Thomas Edwards as subscribing

witness to the last Will and Testament of Rowland Rees, deceased,

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

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

in Radnor Village & Township in said County.

David W. Jones.

Sworn to before me and subscribed in my presence, this 28th day of July.

A.D.1890.

N. F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (75)

[page 75]

[corresponds to page 46 of Delaware County Ohio Will Records Vol. 9 1890-93]


Rowland Rees' Will

"Copy of Will"

In the name of the Benevolent Father of All Amen. I, Rowland

Rees of Radnor Township, Delaware County, Ohio, being of sound and di

sposing mind, do make and publish the following as my last Will

and Testament:

Item 1st I will and direct that the expenses of my last sickness and my

funeral expenses be paid out of my estate, and that there be erect:

ed at my grave a suitable Grave stone properly inscribed for myself and

deceased wife.

Item 2. I give and devise and bequeath to my friend Robert Rowland all the

remainder and residue of my Estate, of whatever character or kind

whether personal or real, after paying the expenses specified in the

first Item of this Will, and the expenses of Administration, being

concsious of the fact that there cannot be more than a mere trifle of

my said estate left after paying said expenses, and also realizing the

fact that there will probably not be sufficient of my estate to pay said

expenses and give my remains proper burial, but I make the fore:

going provision, in this my Will, for the reason that the said Robert

Rowland has assured me that he will privide for said expenses out

of his own means in case my said estate is insufficient to meet

the same.

Item 5" I hereby nominate the said Robert Rowland as Executor of this

my last Will and Testament, and request the Court in which

the same may be probated, to require no Bond of said Execitor, and

to dispense with the formality of an Appraisement and sale of my

effect or estate.

I hereby reboke all former wills or parts of Wills heretofore

made by me.

In testimony whereof, I hereto affix my signature and

seal this third day of December. A.D.1885.

Rowland Rees. {seal}

Signed by the said Rowland Rees in our presence, and by him

declared to be his last Will and Testament in or hearing, and

signed by us as witnesses, at this request and in his presence, and

in the presence of each other on said December 3rd 1885-

Thomas Edwards.

Jno. A. Cone.

Delaware County Ohio Will Records Vol. 9 1890-1893 (76)

[page 76]

[corresponds to page 47 of Delaware County Ohio Will Records Vol. 9 1890-93]


Harvey Allen's Will

Application for Probate of Will.

The State of Ohio } In Probate Court.

Delaware County,SS.}


In the Matter of the last }

Will and Testament of } Application to Admit to Probate

Harvey Allen- deceased }

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County

Your petitioner respectfully represents

that Harvey Allen late a resident of the Township of Tren:

ton in said county, died on or about the 29th day of July. A.D.

1890, leaving an instrument in writing, hereto attached, purporting

to be his last Will and Testament. That the said Harvey

Allen died leaving Lucy Allen- widow and the following

named person his only next of kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address

Clement Elmer Allen. Son- Sunbury Ohio


Your petitioner prays that a time may be fixed for the prov:

ing of said Will

Lucy Allen

The foregoing application was signed in my presence and sworn

to before me, this 18th day of August. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned widow and only next of kin of the within

named decedent, hereby waive further notice and consent to the

probate of said Will.

Date this 18th day of August. A.D. 1890

Lucy Allen

Clement E. Allen.


Journal Entry

August 18th 1890.

In the Matter of the Will}

of Harvey Allen-deceased }

This day, an instrument of writing,

purporting to be the last Will and Testament of Harvey

Allen, late of Trenton 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 Lucy Allen-widow~

and Clement E. Allen only next of kin of said Testator

and in writing waived Notice, and consented to the probate of

said Will. And thereupon came, John W. Culver

Delaware County Ohio Will Records Vol. 9 1890-1893 (77)

[page 77]

[corresponds to page 48 of Delaware County Ohio Will Records Vol. 9 1890-93]


48 Harvey Allen's Will

and Thos H. Vankirk 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 insturment of writ:

ing is the last Will and Testament of said Harvey Allen-

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



Probate of Will

The State of Ohio } In Probate Court

Delaware County,SS,}

Personally appeared in open Court John

W. Culver and Thos H. Vankirk, the subscribing witnesses

to the last Will and Testament of Harvey Allen, 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 16th day of April. A.D. 1890- purporting to be the last Will

and Testament of Harvey Allen now deceased, is the Will of

said deceased Harvey Allen, that they were present at the ex:

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

ively subscribed their names to the same as witnesses, in his

presence, that they saw the said Harvey Allen- deceased, sign

and seal said Will and Testament, and that the said Harvey Al:

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

of full age, of sound mind and memory, and memory, and not un:

der any restraint.

John W. Culver

Thos H. Vankirk


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

this 18th day of August A.D. 1890.

N.F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (78)

[page 78]

[corresponds to page 49 of Delaware County Ohio Will Records Vol. 9 1890-93]


Harvey Allen's Will 49

Copy of Will

State of Ohio- Delaware County-

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

Allen, being of sound and disposing mind and memory and con-

dering the uncertainty of this mortal life, do make and de:

clare this my last will and testament in manner and form

following.

Item 1st

It is my will that my personal property (except the

Household goods) be sold to pay my debts and funeral ex:

penses, and in case this sale should be insufficient to pay

said debts, then any or all real estate that I may own

shall be sold for the purpose of completing the payment of said

debts except the farm on which I now reside consisting of

about one hundred and fifty acres.

Item 2nd

It is my will that my beloved wife Lucy Allen shall have

all of my real estate or all of that part of the farm upon which

I now reside lying on the west wide of big walnut creek sup:

posed to be about seventy five acres and to have all the appertenances

thereto belonging in her own right"'

Item 3rd

It is my will that my son Clement Elmer Allen shall

have the remaining portion of my real estate if being that por:

tion of the farm upon which I now reside that is situate of on

the east side of the said Big Walnut Creek together with

the appertenance thereto belonging.

Item 4"

It is my will if there be any surplus of money, or if it

shall not prove to be necessary to sell all the property left for

sale to pay said debts that all such surplus money or property

real or personal shall belong to my said son Clement Elmer

Allen.

Item 5th

It is my will that if my said wife Lucy Allen shall at her

demise own the property hereby bequeathed to her it shall revert or

belong to my said son Clement Elmer Allen.

Item 6th

I hereby constitute and appoint my beloved wife Lucy Allen and

my son Clement Elmer Allen as Executors of this my

last Will and Testament.

Witness my hand and seal this sixteenth day of April-

in the year of our Lord one thousand eight hundred and ninety

Harvey Allen {Seal}


Signed sealed and delivered and published by Harvey Allen

as his last Will and Testament in the presence of us the sub:

scribing witnesses who subscribed our names hereto in the

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

each other

John W. Culver

Thos H. Vankirk.

Delaware County Ohio Will Records Vol. 9 1890-1893 (79)

[[page 79]

[corresponds to page 50 of Delaware County Ohio Will Records Vol. 9 1890-93]


50 Stephen Rosevelt's Will

Journal Entry

July - 21st 1890.

In the Matter of the Will }

of Stephen Rosevelt. deceased}

This day, an instrument of writing,

purporting to be the last Will and Testament of Stephen

Rosevelt, late of Oxford Township, 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

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

to probate and record, be given to George Rosevelt and Harriet

L. McEvers 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 August A.D. 1890. at 1 o'clock

P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court

Delaware County,SS.}


In the Matter of the last }

Will and Testament of: } Application to Admit to Probate

Stephen Rosevelt - deceased}

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Stephen Rosevelt late a resident of the Township of Ox:

ford in said County, died on or about the 13th day of July A.

D. 1890~ leaving an instrument in writing, hereto attached, pur:

porting to be his last Will and Testament: That the said Ste:

phen Rosevelt died leaving no widow and the following named

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


Name Degree of Kinship P.O. Address

George Rosevelt Son Ashley O

Harriet L. McEvers Daughter " "


Your petitioner prays that a time may be fixed for the prov:

ing of said Will, and that said above named persons may

be notified according to law of the pending of said proceedings

Imlack Fisk

Ashley O. Box 1908.


The foregoing application was signed in my presence and sworn

to before me, this 21st day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (80)

[page 80]

[corresponds to page 51 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Rosevelt's Will 51

Notice

The State of Ohio } In Probate Court.

Delaware County,SS.}

To Imlack M. Fisk:

You are hereby commanded

to notify George Rosevelt and Harriet L. McEvers that

on the 21st day of July. A.D. 1890. an instrument of writing,

purporting to be the last Will and Testament of Stephen

Rosevelt late of Oxford Township, in said County, deceased,

was produced in said 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 August. A.D. 1890. at 1 o'clock

P.M.

Witness my hand and the seal of said Probate Court-

at Delaware, Ohio, this 21st day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate


Proof of Service

The State of Ohio }

Delaware County.SS} Imlack M. Fisk being duly sworn

says that on the 21st day of July. A.D. 1890.

he served the within notice by delivering a true copy thereof to

the within named George Rosevelt and Harriet L.

McEvers.

I.M. Fisk.

Subscribed in my presence and sworn to before me this 1st

day of August. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

August 1st 1890.

In the Matter of the Will of: }

Stephen Rosevelt. deceased }

Be it remembered, that heretofore,

to wit: on the 21st day of July. A.D. 1890- an instrument

of writing, purporting to be the last Will and Testament of

Stephen Rosevelt, 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 George Rosevelt and Harriet L. McEvers-

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

pursuant to a former order of this court. And it appear-

Delaware County Ohio Will Records Vol. 9 1890-1893 (81)

[page 81]

[corresponds to page 52 of Delaware County Ohio Will Records Vol. 9 1890-93]


52 Stephen Rosevelt's Will

ing to the Court that A.U. Coomer and J.M. Coomer

the subscribing witnesses to said Will, are residents of Bay

City- Michigan- and are without the jurisdiction of this court

it is therefore ordered that a commission, with the Will annexed

issue herein to Fremont Trumble, of Bay City- Michigan-

directing him to take the depositions of said subscribing witness:

es and return the same, duly certified, with all convenient

speed, to this Court.

N.F. Overturf

Probate Judge.


Commission

To Take Testimony of Witness to Will.


The State of Ohio }

Delaware County.SS.} To Fremont J. Trumble- Bay City

State of Mich:

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.U. Coomer and J.M. Coomer subscribing wit:

nesses to the last Will and Testament of Stephen Rosevelt hereto

annexed, late of the County of Delaware, in the State of Ohio- de:

ceased; and therefore we command you, that at certain days and places

appointed by you, you cause the said A.U. Coomer and J.M.

Coomer to be brought before you and then and there to examine them

on oath or affirmation first taken before you, touching the due ex:

ecution of said Will of the said Stephen Rosevelt and that you

reduce such examination to writing, and return the same, together

with this Commission and the Will of the said Stephen

Rosevelt 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, at Delaware O. this 1st day

of August. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge



Will

Be it known, that I Stephen Rosevelt of the County of Del:

aware and State of Ohio, do make and publish this my last

Will and Testament in manner and form as follows, viz:

1st

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

be paid.

2nd

I give and devise to my wife Mary Rosevelt all my real es:

tate in the Village of Ashley- also all moneys, claims and de:

mands due, and all my personal property, in Ashley and else:

where, all indebtedness, (as per 1st item above.) is to come out

Delaware County Ohio Will Records Vol. 9 1890-1893 (82)

[page 82]

[corresponds to page 53 of Delaware County Ohio Will Records Vol. 9 1890-
93]


Stephen Rosevelt's Will 53

of lands hereinafter named in this Will.

3rd

I devise & bequeath to my son George Rosevelt all

lands owned by me in Oxford Township, it being upon the

north side of the County Road leading east from Ashley, the

same being my Charles farm.

4th

I devise & bequeath to my Daughter Harriet Marion, wife

of Theodore L. McEvers, fifty acres of land off the east side

of lands owned by me, Situated on the South side of County

road (named in 3rd Item) and in Peru Tp. Morrow Coun:

ty. Ohio.

5th

I devise & bequeath to the heirs of my daughter Elizabeth

wife of John F. Randolph, the East half of all Lands own:

ed by me on the north side of County Road above named in

Peru Township- Morrow County- Ohio.

6th

I devise & bequeath to my son John H. Rosevelt, the west

half of all lands owned by me on the north side of said county

road above named, in Peru Township, Morrow County, Ohio-

7th

I do hereby nominate and appoint, my wife Mary Rosevelt,

and Imlack Fisk- Executors of this my last Will and

Testament.

I do hereby revoke all former wills made by me.

In testimony hereof, I have hereunto set my hand and seal, this

6th day of September. A.D. 1873.

Stephen Rosevelt - {Seal}

Signed & acknowledged by said Stephen Rosevelt as his last Will

& Testament, in our presence; and signed by us in his presence.

A.U. Coomer

J.M. Coomer

Deposition of Witnesses to Will

The State of Mich.} In the Matter of the last Will and Testament of:

Bay County.SS. } Stephen Rosevelt.

Personally appeared before me Fremon J.

Trumble-Commissioner; A.U. Coomer and J.M. Coomer subscrib:

ing witnesses to the last Will and Testament of Stephen Rosevelt

late of Oxford 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 execution of the paper before them bearing date the 6th day

of September. A.D. 1873. purporting to be the last Will and Tes:

tament of Stephen Rosevelt now deceased, whose name is signed

at the end thereof, and at the request of said deceased, we subscribed

our names to the same as witnesses in his presence; that they

saw the said Stephen Rosevelt sign and seal said Will,

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

and that the said Stephen Rosevelt at the time of making, signing

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

Delaware County Ohio Will Records Vol. 9 1890-1893 (83)

[page 83]

[corresponds to page 54 of Delaware County Ohio Will Records Vol. 9 1890-93]

54 Stephan Rosevelt's Will

not under any restraint.

A.U. Coomer

J.M. Coomer

The State of Mich}

Bay County. SS. } I, Fremont J. Trumble, duly appointed and

commissioned by the Judge of the Probate Court

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

timony of A.U. Coomer and J.M. Coomer subscribing wit:

nesses to the last Will and Testament of Stephen Rosevelt, 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 A.U. Coomer:

and J.M. Coomer subscribing witnesses as aforesaid to appear be:

fore me, at 7 P.M., on the 20 day of August 1890, 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. At:

torney 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 20th day of August A.D. 1890.

Fremont J. Trumble

Commissioner.


Journal Entry.

August 26th 1890.

In the Matter of the Will of: }

Stephen Rosevelt, deceased } The Commission heretofore issued

in to take the testimony of A.U.Coom:

er and J.M. Coomer, the subscribing witnesses to the Will of said

Stephen Rosevelt, deceased, was this day returned, duly execu:

ted, and the same was filed herein. And it appearing to the

Court from the deposition of the said A.U. Coomer and J.M.

Coomer, the said subscribing witnesses to said Will, that the afore:

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

Stephen Rosevelt- 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 a:

bove 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. 9 1890-1893 (84)

[page 84]

[corresponds to page 55 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Piper's Will 55

4771 Application for Probate of Will.

The State of Ohio } In Probate Court

Delaware County.SS.}


In the Matter of the last }

Will and Testament of: } Application to Admit to Probate

John Piper- deceased }

To the Hon. N.F. Overturf- Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that John Piper late a resident of the Township of Marlbor:

ough in said County, died on or about the 23rd day of January.

A.D. 1886. leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament: That the said

following named persons his only next of kin resident of the

State of Ohio


Name Debree of Kinship P.O. Address

Levi Piper Son Ashley O.

Eli Piper " " "

Mary S. Page Daughter Wetsel O.

Frana A. Good " Ashley O.

John D. Piper Son Ashley O.

Sarah L.E. Piper Daughter Ashley O.

Isaac N. Piper Son Ashley O.


Your petitioner prays that a time may be fixed for the proving

of said Will.

Eli Piper.

The foregoing application was signed in my presence and sworn

to before me this 6th day of September. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.


Waivers.

We, the undersigned widow & heirs of the within named

decedent, hereby waive further notice and consent to the pro:

bate of said Will.

Dated this 6th day of September. A.D. 1890.

Eliza E. Piper Frany A. Good
his
Attest to Mark-Mame Parks. Levi X Piper John D. Piper
mark
Eli Piper Sarah L.E. Piper

Mary S. Page Isaac N. Piper

Delaware County Ohio Will Records Vol. 9 1890-1893 (85)

[page 85]

[corresponds to page 56 of Delaware County Ohio Will Records Vol. 9 1890-93]

56 John Piper's Will.

Probate of Will.

The State of Ohio } In Probate Court

Delaware County,SS }

Personally appeared in open Court James

Cline and Elias Cole the subscribing witnesses to the last

Will and Testament of John Piper, late of Marlborough Town:

ship 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

11th day of April- A.D. 1885- purporting to be the last Will

and Testament of John Piper now deceased, is the Will of

said deceased John Piper, that they were present at the ex:

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

ively subscribed their names to the same as witnesses, in his

presence; that they saw the said John Piper deceased sign and

seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said John Piper

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

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

James Cline

Elias Cole.

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

6th day of September. A.D. 1890.

N.F. Overturf. Probate Judge.


Journal Entry

September 6th 1890.

In the Matter of the Will}

of John Piper, deceased. } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

John Piper, late of Marlborough 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 thereup:

on came Eliza E. Piper, widow and Levi Piper- Eli Piper- Mary

S. Page- Frany A. Good- John D. Piper- Sarah L.E. Piper and

Isaac N. Piper next of kin of the Testator, resident of the State

of Ohio, and in writing waived Notice and consented to the probate of said

Will. And thereupon came James Cline and Elias Cole 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

John Piper, 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

Delaware County Ohio Will Records Vol. 9 1890-1893 (86)

[page 86]

[corresponds to page 57 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Piper's Will 57

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 Piper

of Marlborough Tp. Delaware County, Ohio do make and publish

this my last Will and Testament:

Item 1st

I give and devise that my son Levi Piper have 22 1/2 acres of

land of off the east end of the part of the farm south of the road

leading from Norton O. to Ashley. O

Item 2nd

I give and devise that my son Eli Piper have 22 1/2 acres of land

from the west end of the land on the South side of said road.

Item 3rd

I give and devise that my Daughter. Frana A. Good. have 22 1/2

acres of land from the west end of the land on the north side of said

road.

Item 4th

I give and devise that my daughter-Mary S. Page, have 22 1/2 acres

of land lying east and next to that of Frana A. Good and north

of said road.

Item 5.

I give and devise that my daughter Sarah L. E. Piper have 12

acres of land in the center of that part south of said road, and 10 1/2

acres north of said road and east and next to that devised to Mary

S. Page.

Item 6th

I give and devise that my son John D. Piper have 22 1/2 acres of

land, on north side of said road and next that devised to Sarah L.E.

Piper.

Item 7th

I give and devise that my son Isaac N. Piper have 17 acres of land

on the east side of that part on the north side of said road. and being

the part on which the houses and farm stands.

Item 8th

I desire that my sons Levi & Eli Piper have charge of the farm on

the terms as follows, during my natural life or the time my beloved

wife Eliza E. Piper may live my widow, I or my said wife are to

furnish all seed, and pay all the taxes, and my sons Levi and Eli Piper

are to do all the labor of cultivation and that necessary in keeping the

farm in repairs. The work to be done in a good and husband like man:

ner, and for such work, they the said Sons are to receive one half of

all they may raise, all small grain divided in the bushel, and corn

divided in shuck, they to haul my part of corn to the crib.

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

11h day of April- in the year 1885.
his
John X Piper. {Seal}
mark

Signed and acknowledged by said John Piper as his last Will and Tes:

tament in our presence and signed by us in his presence.

James Cline

Elias Cole

Delaware County Ohio Will Records Vol. 9 1890-1893 (87)

[page 87]

[corresponds to page 58 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will


Journal Entry.

September.13th 1890 }
}
In the Matter of the Will }
}
of John Rowlands.deceased } This day an instrument of writing, purporting

to be the last Will and Testament of John

Rowlands, late of Radnor Township, in this County - deceased, was pro:

duced in open Court for Probate, on consideration where of, 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 Lindner - Rachel Lindner - George Rowlands -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josephine Reese - Emma Reese - Ernest

Bry - Anna Bry and Ethel Bry (John E. Rowlands and

Thomas J. Rowlands having this day in writing, waived Notice and

consented to the probate of said will) next of kin of the Tes:

tator, redident of the State of Ohio that said application will be for

hearing before this Court on the 18th day of September.A.D. 1890.

at 9 o'clock A.M.

N. F. Overturf

Probate Judge.


Application for Probate of Will.

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


In the Matter of the last }
}
Will and Testament of: }
} Application to Admit to Probate.
John Rowlands. Deceased }

To the Hon. N. F. Overturg. Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents

that John Rowland, late a resident of the Township of Radnor.

in said County, died on or about the 5 day of September.A.D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said John Rowlands

died leaving no widow and the following named persons his only

next of kin resident of the State of Ohio

Name Age of Degree of Kinship P.O. Address.
Minors

John E. Rowland Son Delaware. O.

Mary Lindner Daughter Delaware. O.

Rachel Lindner Daughter Delaware. O.

George Rowlands Son Delaware. O.

Thomas J. Rowlands Son Delaware. O.

Elsworh A. Rowlands Son Delaware. O.

Matilda Rowlands Daughter Delaware. O.

Frank Reese Grand Son Delaware. O.

William A. Reese Grand Son Delaware. O.

Delaware County Ohio Will Records Vol. 9 1890-1893 (88)

[page 88]

[corresponds to page 59 of Delaware County Ohio Will Records Vol. 9 1890-93]



Josephine Reese Grand daughter Delaware. O.

Emma Reese 17 Grand daughter Delaware. O.

Ernest Bry 9 Grand Son Ostrander Ohio

Anna Bry 7 Grand daughter Ostrander Ohio

Ethel Bry 4 Grand daughter Delaware Ohio

your petitioner prays that a time may be fixed for the prov:

ing of said will, and that said above named persons may be

notified according to law of the pending of said proceedings.

T. J. Rowland

The foregoing application was signed in my presence and sworn

to before me, this 13th day of September. A.D. 1890.

{seal} 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 13th day of September. A.D. 1890

Thomas J. Rowlands

John E. Rowlands

Notice

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

In the Matter of the last Will and Testament

of John Rowlands - deceased.

To Thomas J. Rowlands:

You are hereby commanded to notify

Mary Lindner - Rachel Lindner - George Rowlands -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josephine Reese - Emma Reese -

Ernest Bry - Anna Bry and Ethel Bry - that on

the 18th day of September. A.D. 1890. an instrument of writing,

purporting to be the last will and Testament of John Row:

lands, late of Radnor Township, in said County - deceased,

was produced in said 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 September - A.D. 1890. at 9 o'clock A.M.

Witness my hand and the seal of said

Probate Couort, at Delaware, Ohio, this 13" day of

September. A.D. 1890.

N. F. Overturf
{seal}
Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (89)

page 89]

[corresponds to page 60 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

Proof of Service

The State of Ohio }
}
Delaware County.ss. } Thomas J. Rowlands being duly sworn,

says that on the 13 & 15 days of Sept. A.D.

1890. he served the within notice by delivering a true copy there of to

the within named Mary Lindner - Rachel Lindner - George

Rowland - Elsworth A. Rowlands - Josephine Reese - Emma Reese -

Ernest Bry - Anna Bry and Ethel Bry.

Thomas J. Rowlands.

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

of Sept. A.D. 1890.

N. F. Overturf

Probate Judge.

" Testimony of Witnesses."

In Probate Court - }
} In the Matter of Proving the last Will and Testament
Delaware County.Ohio}
of John Rowlands, Deceased.

The State of Ohio }
}
Delaware County.ss. } Henry J. Eaton being duly sworn and exam:

[ined] as a witness in the above entitled matter,

say; I was present at the execution of the instrument now shown

to me, bearing date the 29 day of September. A.D. 1886. and offered

for probate as the last Will and Testament of John Rowlands,

late of Radnor Township, in said County of Delaware deceas:

ed, and saw the said John Rowlands, now deceased signed and seal

said instrument, and heard him acknowledge the same to be his

last will and Testament; and I, thereupon, at this request,

and in his presence, subscribed my name to the same as a witness.

The said decendent, at the time if making, signing and sealing

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

not under any restraint.

Henry J. Eaton

Sworn to and subscribed by said witness in open Court, this

18"day of September. A.D. 1890.

{seal} N. F. Overturf

Probate Judge.

The State of Ohio }
}
Delaware County.ss. } John L. Thurston 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, hearing date the 29" day of September. A.D.

1886, and offered for probate as the last Will and Testament of

John Rowlands, late of Radnor Township, in said County

of Delaware, deceased, and saw the said John Rowlands,

Delaware County Ohio Will Records Vol. 9 1890-1893 (90)

[page 90]

[corresponds to page 61 of Delaware County Ohio Will Records Vol. 9 1890-93]


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.

John L. Thurston

Sworn to and subscribed by said witness in open Court, this

18th day of September. A.D. 1890.

N. F. Overturf

Probate Judge.

Journal Entry

September 18th 1890. }
}
In the Matter of the Will }
}
of John Rowlands. deceased}

Be it remembered, that heretofore, to-wit:

on the 13th day of September. A.D. 1890. and instrument of

writing, purporting to be the last Will and Testament of John

Rowlands, late of Radnor Township, in this County, deceas:

ed, 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 ad:

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

given to Mary Lindner - Rachel Lindner - George Rolwnads -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josphine Reese - Emma Reese -

Ernest Brey - Anna Bry and Ethel Bry -

(Thomas J. Rowlands and John R. Rowlands having

waived Notice) 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 Henry J. Eaton and John

L. Thurston 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, whereupon the court

finds that the aforesaid instrument of writing is the last Will

and Testament of said John Rowlands, 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 will as the proceedings

had thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (91)

[page 91]

[corresponds to page 62 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowland's Will

"Copy of"

The Last Will & Testament

of

John Rowlands.

On this twenty ninth day of September. A.D. Eighteen

hundred & eighty six at the City of Delaware Ohio, I,

John Rowlands, Widower, of Radnor Township Delaware Coun:

ty Ohio, being now in the seventy second year of my age & still in

the enjoyment of my usual good health & soundness of mind & body,

having through the blessing of a kind Provider on my labors,

gotten me four fine farms & three village & city houses & lots &

considerable personal property, & desiring that a just distribution of

my estate be made among my four sons & three daughters liv:

ing & the seven children of my two deceased daughters, taken in:

to account what I have already done for them & that my es:

tate may be settled with the least possible expense, do make &

declare, that this which is herein written is my last Will and

Testament hereby revoking all former Wills by me made.

Item First: - I will & direct that my Executors hereinafter named as

soon after my decease as they can conveniently do so, collect

what may be owning to me, & also sell at public or private sale

or both & upon such terms as they may see fit, so much of

my personal property as may for that purpose be found neces:

sary, & pay all my just debts, funeral expenses & expenses of

settling my estate.

Item Second: To my four beloved grand-children, John Franklin, - William

A, - Josephine O. & Margaret E, children of my deceased

daughter Margaret Rees - I do give & bequeath the sum of

Eight Hundred Dollars each to be paid to them by my

Executors so soon as Margaret Emma, who is now in the

fourteenth year of her age becomes of the full age of eighteen

years & without interest & all sums that I may hereafter

advance to them & take receipts for shall be deducted with:

out interest from the said legacies respectively. Said legacies are

to be paid out of the proceeds of the property at the North east

corner of Franklin Street & Lincoln Avenue in the City

of Delaware, Delaware County. Ohio, being the west parts of

Inlots Nos: 197 & 198 - deeded to me Mch. 4th 1878 by Saman:

the E. & Alfred G. Byers by deed recorded in the record of

deeds for said County. Vol. 71 page 380, the property has

cost me about $5600, & whatever it sells for over $3200,

necessary to pay the above mentions legacies & expenses

of selling I will be equally divided among my heirs.

The children of any of my deceased children to take joint:

ly that one ninth part of said surplus that the parent would

have taken if living.

Delaware County Ohio Will Records Vol. 9 1890-1893 (92)

[page 92]

[corresponds to page 63 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

Item Third: - To my three beloved grand-children Earnest - Margaret Ann

& Ethel S. children of my deceased daughter Nellie Brey I

do also give & bequeath the sum of Eight Hundred Dollars

each to be paid as follows, the promissory note which I now hold

dated Apr. 6th 1886 due one year after date for the sum of $850.60/100

with seven percent. intrest given to me for borrowed money by their

father Wm. O. Brey & signed by him. Mrs Nellie & W. O.

Brey or any Note he may be owning thereon at my decease, &

whatever said sum may lack of paying said legacies shall be

paid to them by my Executors so soon as the said Ethel S. who

is now about sixteen or seventeen months old shall become of the

full age of eighteen years & without intrest & if Ethel S. outlive

me & dies before becoming eighteen years of age, then I will that

said legacies be paid to said Earnest & Margaret A. at her decease

& also that the legacy which would have been paid to her, had she

lived, be at her decease equally divided between said Earnest &

Margaret A. Said legacies to be paid as foresaid by my Exec -

utors out of the proceeds of my two houses & lots situated in the Vil:

lage of Ostrander in said County being Inlot No. 64 - deeded to me

by Emanuel Brey & wife May. 2. A.D.1883 - by deed recorded in

Vol. 81. p. 524, & InLot 77 deeded to me by J.J. Vance, Oct. 6th.1883,

be deed recorded in Vol. 82.p.454, the first named cost me $1500, & the

other cost me $700, & whatever they sell for more than is necessary

to make up the balance lacking on said legacies after taking out said

note as aforesaid, & the expenses of selling, I will be equally divided

among my heirs, the children of any of my deceased children to take

jointly that one ninth (1/9) part of said surplus, that the parent

would have taken if living.

Item Fourth: - To my beloved son John E. Rowlands, I do give & bequeath

my farm of 107 acres more or less on which he now lives, situated

in Delaware Thownship in said County & being all of Lot No. 29,

(100 acres) & 7 acres part of Lot No. 30, in Range 19. Township

4 - Section 2 U.S.M. Lands being the same premises deeded to

me by Israel J. Richardson & wife, Apr. 27th 1864, by deed re:

corded in Vol. 50. p.328, I do give said farm to my said son

John E, to be his absolutely in fee - simple, upon the condition

however & charged with the payment by him in one year after

my decease without interest, to my daughter Mary wife of

Harmon Lindner the sum of Two Thousand Dollars of her

legacy in "Item 7" hereinafter given.

Item Fifth: - To my beloved son George B. Rowlands I do give & bequeath

my farm of 114 1/2 acres more or less on which he now lives situated

in Delaware Township in said County, being Lot No. 31, in

Range 19. Tp. 4. Sec 2. U.S.M. Lands - deeded to me by Joseph

Hyatt & others, Febr. 21st. 1870, by deed recorded in Vol. 61. p. 362, I

do give the said farm to my said son George B, to be his abso:

lutely in fee-simple, upon the condition however & charged with

Delaware County Ohio Will Records Vol. 9 1890-1893 (93)

[page 93]

[corresponds to page 64 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

the payment by him in one year after my decease without interst

to my said daughter Mary the sum of One Thousand Dollars

the residue of her legacy, & to my daughter Rachel wife of Ed:

ward Lindner the sum of One Thousand Dollars of her lega:

cy in "Item 8th" hereinafter given.

Item Sixth: - To my beloved son Thomas J. Rowlands, I do give & bequeath

my farm of 116 1/2 acres more or less on which he now lives,

Situated in Delaware Township in said County being Lot No.

32, in Sec. 2. Tp. 4. Range 19. U.S.M. Lands deeded to me by

Minerva A. Lamb & others - Apr. 24th 1873, by deed recorded in Vol.

65. p. 145. I do give the said farm to my said son, Thomas J.

to be his absolutely in fee-simple upon the condition however &

charged with the payemnt by him in one year after my decease with:

out interest to my said daughter Rachel the sum of Two Thous:

end Dollars the residue of her lagacy.

Item Seventh: - To my beloved daughter, the said Mary Lindner, I do give &

bequeath the sum of Three Thousand Dollars, to be paid to

her - $2000 thereof by my son John E. as stated in "Item 4th"

& $1000, thereof by my son John E. as stated above in "Item

5th" I do also give to the said Mary, the additional sum of Five

Hundred Dollars, to be paid to her out of the proceeds of my person:

al estate left after paying my debts & expenses of settling my estate

as provided in "Item First" & the $1000, to Matilda as provided

in "Item 10th" if not enough left to pay her said $500 & the $500

to her sister Rachel, then she to have one half of what is left.

Item Eight: - To my beloved daughter the said Rachel Lindner, I do give & be:

queath the sum of Three Thousand Dollars, to be paid to her

$1000 thereof by my son George B. & $2000, thereof by my son

to the said Rachel the additional sum of Five Hundred

Dollars, to be paid to her out of the proceeds of my personal estate

left after paying my debts & expenses of settling my estate & the

$1000 to Matilda as provided in "Item 10th", if not enough left

to pay her the $500, & her sister Mary's $500 - then each to

have the one half of what is left.

Item Ninth: - To my beloved & youngest son Elsworth Rowlands, I do

give & bequeath my farm of 146, acres more or less on which

we now live, situated in Radnor Township in said County

in Range 20, Township 5 - Section 4, U.S.M. Lands & made

up of the tracts deeded to me at four different times as follows:

1st the 81 4/5 acres deeded Oct 25 1846 - by Josheph Richards &

wife by deed recorded in Vol. 27. page 46 - 2nd the 20. acres deeded

by George W. Hull & wife Febr 8th 1851; (See Vol. 31. pages

612 etc) 3rd the 20 acres deeded by George W. Hull &

others June 1852, (See Vol. 35. pages 452 &) 4th the 25

acres deeded by Reuben Durfey & wife April. 11th 1858. (See

Vol. 39, pages 27 etc) - I do give the said farm to my said

son Elsworth to be his absolutely in fee-simple, upon the

Delaware County Ohio Will Records Vol. 9 1890-1893 (94)

[page 94]

[corresponds to page 65 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

condition however & charged with the payment by him, in one year

after my decease without interest to my daughter Matilda Row:

lands the sum of Three Thousand Dollars.

Item Tenth: - To my beloved & youngest daughter the said Matilda Rowlands

now living with me, I do give & bequeath the sum of Three

Thousand Dollars to be paid to her by my son Elsworth as

stated above in "Item 9th" - I do also give to the said Matilda

the additional sum of One Thousand Dollars to be paid to her

out of the proceeds of my personal property left after paying my

debts & expenses of settling my estate.

Item Eleventh: - I do hereby constitute & appoint the said Thomas & Elsworth

Rowlands Executors of this my last Will & Testament, & here:

by authorize & direct them to proceed without any unnecessary

delay to collect whatever may be owning to me, & also to sell with:

in one year from my decease in such manner & for such prices

& upon such terms as they may see best for my estate all my

personal property. & that they apply & distribute the proceeds of

my personal estate as follows, 1st in payment of debts & expenses

as provided in "Item First" 2nd that they then pay to Matilda

the sum of $1000 - as provided in "Item 10th - 3rd that of the residue

then left they pay to Mary & Rachel each the sum of Five

Hundred Dollars, as provided in Items 7 & 8 - 4th & that they

do them divide the balance if any equally among my said seven

children to each 1/9 part & to the children of Nellie Brey 1/9 part

& to the children of Margaret Rees 1/9 part.

I do futher authorize, empower & direct my said Executors to

sell at such times in such manner & for such sums & upon such

terms as they may see best for the legatees interested the real

estate in the City of Delaware & Village of Ostrander in Item

2nd & 3rd. described & proper deeds in fee simple therefore to the several

purchases to execute & deliver, without the necessity of obtaining

any order of Court, to sell & that they apply & distribute the pro:

ceeds of the sale of said real estatae as directed in said Items

2nd & 3rd.

And I authorize empower & direct my said Executors to rent

said real estate until sold as aforesaid & the net proceeds to dis:

tribute as a part of my personal estate, & as is herein before direct:

ed to be distributed.

In testimony whereof, I, the said John Rowlands, have

hereunto set my hand this twenty ninth day of September. A.D.

1886.

John Rowlands.

Signed by the said John Rowlands in our presence, & by him

to us acknowldged to be his last Will & Testament, & signed

by us as witnesses thereto at this request, in his presence & in

the presence of each other.

John L. Thurston

Henry J. Eaton

Delaware County Ohio Will Records Vol. 9 1890-1893 (95)

[page 95]

[corresponds to page 66 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will

Application for Probate of Will


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


In the Matter of the Last }
}
Will and Testament of }
} Application to admit to Probate
Lewis Wornstaff, Deceased }


To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Lewis Wornstaff, late a resident of the Township of Oxford in said

County, died on or about the 26th day of July, A.D. 1890, leaving

an instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Lewis Wornstaff died leaving Sal:

lie A. Wornstaff of Ashley, O. widow and the following named persons

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


Name Degree of Kinship P.O. Address

Sperry Wornstaff Son Ashley, Ohio

Chesley Wornstaff Son Ashley, Ohio

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.

Sperry Wornstaff

The foregoing application was signed in my presence and sworn

to before me, this 22 day of August, A.D. 1890

{seal} N. F. Overturf

Probate Judge

" Waiver "

We, the undersigned widow and next of kin of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will.

Dated this 20th day of August, A.D. 1890

Sally Anne Wornstaff her X mark

Sperry Wornstaff

Chesley Wornstaff


Journal Entry

August, 22d 1890. }
}
In the Matter of the Will of: }
}
Lewis Worstaff - deceased }

This day an instrument of writing, pur:

porting to be the last Will and Testament and Codicil thereto,

of Lewis Wornstaff, late of Oxford Township, in this County,

deceased, was produced in open Court for Probate. On consider:

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

Delaware County Ohio Will Records Vol. 9 1890-1893 (96)

[page 96]

[corresponds to page 67 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff Will

Court - And thereupon came Sally Ann Wornstaff, widow,

and Sperru Wornstaff and Chesley Wornstaff only next of kin

if said Testair, resident of the state of Ohio, and in writing waived

Notice and consented to the probate of said Will.

And it appearing to the Court that J. M. Coomer and A. U.

Coomer the subscribing witnesses to said Will, and J. C. Coomer

one of the subscribing witnessses to said Codicil are residents of

Bay City, Michigan - and are without the jurisdiction of this

Court, it is therefore ordered that a Commission, with the Will

annexed, issue therein to Fremont Trimble, of Bay City, Michi-

gan, directing him to take the depostion of said subscribing witness:

es, and return the same, duly certified, with all convenient speed to

this Court.

And the hearing of the testimony of David Shoemaker, the other

subscribing witness to said Codicil, is continued until the return

of said Commision.

N. F. Overturf

Probate Judge.

" Copy of Will "

In the name of the Benevolent father of all: I, Lewis

Wornstaff, of Ashley 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

House and lot where we now live, in Ashley Ohio. It being

the property purchased from J. F. Doty, To have and to hold,

or to dispose of, as she may deem proper, together with all house:

hold goods and provisions remaining at my decease.

I also give and devise to my said wife during her natural life,

or while she remains my widow, the following, to - wit: The

East part of Lot 5 of Sect. 2. about 83 acres, and about 52 acres

in west part of Lot 25 of Sect. 1. (all in Oxford Tp. Del. Co. Ohio)

and at her marriage, or decease, the above decribed two lots of

farm lands are to become the property of my son - Sperry, by

his paying my son Chesley the sum of Twenty Five Hundred

Dollars ($2500.) in three equal annual payments, which

sum shall be in full of all demands against said premise.

Item 2nd - I give my son Sperry all of the farm in which he now

lives, there being about 153 acres, - Expecting the value

of 1000. Dollars, which sum he is to pay to his mother which

sum shall be in full of all demands against said premises.

My son Sperry is also to have at my decease, all farming

Impliments - Machinery & owned by me.

Item 3rd - I hold Receipts for Property given to my son Chesley, to the

amount of Eight thousand Seven hundred and fifty Dollars,

See Receipts. Sept. 1st 1869 - $6500 Dollars, and

Delaware County Ohio Will Records Vol. 9 1890-1893 (97)

[page 97]

[corresponds to page 68 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will

Sept 1" 1871 - $1550, dollars - that being held to show that

I have disposed of said amounts to him, from my estate.

Item 4th - If Elizabeth Harroun, marries before my decease I will pro:

vide for her, in dependent of this Will, but otherwise at my decease

she is to receive from my estate personal property to the amount of

Three Hundred Dollars.

Item 5th - It is my desire that all just demands against my estate be paid

from notes and money belonging to the same, and whateve amount

remains, (after complying with Item 4. herein) be equally divided

between my sons Chesley and Sperry.

Item 6th - I do hereby nomimate and appoint my wife Sally, and my son

Sperry Executors of this my last will and testament, hereby au:

thorizing and empowering them to compromise, adjust, release and dis:

charge in such manner as they may deem, proper the the debts and

claims due me.

I desire that no appraisement and no sale of my personal proper:

ty be made, and that the Court of Probate direct the omission of

the same, in pursuance of the Statutes.

In testimony hereof, I have hereunto set my hand

and seal, this 21st day of March, A.D. 1879.

Lewis Wornstaff.

Signed & acknowledged by said Lewis Wornstaff as his last will

& testament in our presence & signed by us in his presence.

J. M. Coomer

A. U. Coomer

( Codicil )

I Lewis Wornstaff of Ashley Ohio, do make this my Codicil

hereby confirming this my last Will made and acknowledged

March. 23rd 1879. Excepting therefrom the 4th item therein which

item relating to Elizabeth Harroun, has been canseled in full, and

is not to be counted as any part of my will.

In witness whereof I have hereunto set my

hand and seal this 1st day of June, A.D. 1881.

Lewis Wornstaff. { seal }

Signed by said Lewis Wornstaff, and acknowledge in our

presence as codicil to his last Will, and signed by us in his pres:

ence.

David Shoemaker.

J. M. Coomer

Delaware County Ohio Will Records Vol. 9 1890-1893 (98)

[page 98]

[corresponds to page 69 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will


Commision

To take Testimony of Witness to Will and Codicil


The State of Ohio }
}
Delaware County.ss. }
To Fremont Trimble, 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 J. M. Coomer and A. U. Coomer sub:

scribing witnesses to the last Will and Testament of Lewis Worn:

staff - and J. M. Coomer - the subscribing witness to the Codicil of

said Will of Lewis Wornstaff 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. M. Coomer and A. U. Coomer to be brought

before you, and then and there to examine them on oath or affirmation

first taken before you, touching the due execution of said Will and

Codicil of the said Lewis Wornstaff, and that you reduce such

examinaton to writing, and return the same, together with this

Commission and the Will and Codicil of the said Lewis Worn:

staff 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, at Delaware, Ohio, this

22nd day of August, A.D. 1890.

{ seal } N. F. Overturf

Probate Judge

Deposition of Witness to Will.


The State of Mich}
} In the Matter of the last Will and Testament
Bat County.ss. }
of Lewis Wornstaff.

Personally appeared before me Fremont Trimble, Commission:

er, J. M. Coomer and A. U. Coomer subscribing witnesses to

the last Will and Testament of Lewis Wornstaff, late of Oxford,

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 siad Will, depose and say : That they were present at the

execution of the paper before them bearing date the 21st day of

March, A.D. 1879, purporting to be the last Will and Testa:

ment of Lewis Wornstaff now deceased, whose name is signed

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

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

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

they saw the said Lewis Wornstaff sign and seal said Will

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

Delaware County Ohio Will Records Vol. 9 1890-1893 (99)

[page 99]

[corresponds to page 70 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff's Will

Testament, and that the said Lewis Wornstaff 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.

J. M. Coomer

A. U. Coomer

The State of Michigan }
}
Bay County.ss. - } I, Fremont Trimble, duly appointed and

commissioned by the Judge of the Pro:

bate Court, of the County of Delaware and the State of Ohio,

to take the testimony of J. M. Coomer and A. U. Coomer sub:

scribing witnesses to the last Will and Testament of Lewis

Wornstaff 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 name J. M. Coomer and A. U. Coomer subscribing wit:

nesses as aforesaid to appear before me, at Bay City on the 2nd

day of September. 1890, 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 execu:

tion 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 Attor:

ney or Relative of any of the parties names in said will or

otherwise interested in the Probate thereof.

In witness whereof I have hereunto

set my hand this second day of September. A.D. 1890

Fremont J. Trimble

Commissioner

Depostion of: Witness to Codicil of Will

The State of Michigan }
} In the Matter of the last will and Testament
Bay County.ss. }
and Codicil thereto of Lewis Wornstaff

Personally appeared before me Tremont Trimble, Commissioner,

J. M. Coomer one of the subscribing witnesses to the codicil of

the last Will and Testament of lewis Wornstaff, late of

Oxford 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 ex:

ecution of said Codicil to said Will, deposes and says: That he

was present at the execution of the paper before him bearing date

the 1st day of June. A.D. 1881. purporting to be the Codicil

to the last will and Testament of Lewis Wornstaff now

deceased, whose name is signed at the end thereof, and at the re:

quest of said deceased, he subscribed his name to the same as a

witness in his presence; that he saw the said Lewis Wornstaff

sign and seal said Codicil to said Will, and head him ac:

Delaware County Ohio Will Records Vol. 9 1890-1893 (100)

[page 100]

[corresponds to page 71 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff's Will

knowledge the same to be his Codicil to his last Will and Tes:

tament, and that the said Lewis Wornstaff at the time of making

signing and sealing said Codicil to said will, was of full age,

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

J. M. Coomer

The State of Michigan }
}
Bay County. ss - } I Fremont Trimble, 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. M. Coomer, one of the sub:

scribing witnesses to the Codicil, to the last Will and Testament

of Lewis Wornstaff, deceased, late a resident of said County and

State, which Commission, and the said Will are hereto annex:

ed, do hereby certify that in pursuance of said Commission I caused

the above names J. M. Coomer subscribing witness as aforesaid

to appear before me, at Bay City on the 2nd day of Sep:

tember. 1890, that he was first duly sworn by me, according

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

truth; that I examined him in relation to the execution of said

Codicil to 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, At:

torney, 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 2nd day of September, A.D. 1890.

Fremont J. Trimble

Commissioner.

Journal Entry.

September. 6th 1890. }
}
In the Matter of the Will of: }
}
Lewis Wornstaff, deceased }

The Commission heretofore issued

herein to take the testimony of J. M. Coomer and A. U. Coom:

er, the subscribing witnesses to the Will of Lewis Wornstaff - de:

cesed, and the testimony of J. M. Coomer the subscribing witness

to the Codicil of the Will of said Lewis Wornstaff, deceased, was

this day returned, duly executed, and the same was filed herein.

And this cause is now continued to take the testimony of David

Shoemaker the other subscribing witness to said Codicil until

the 30" day of September, A.D. 1890. at 10 o'clock A.M.

N. F. Overturf

Probate Judge