Delaware County Ohio Will Records Vol. 2 1835-1850
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 1)
Description
[page 1]
[corresponds to front cover of Will Records Vol. 2 1835-1850]
[corresponds to front cover of Will Records Vol. 2 1835-1850]
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 2)
Description
[page 2]
[corresponds to inside front cover]
Mfg. by
UNITED BINDING CO.
194 EAST NINTH STREET
SAINT PAUL, MINNESOTA 55101
Phone 224-7578 Area Code 612
Specialist in Reconditioning of Valuable Records
SINCE 1919
Bound to Last
[corresponds to inside front cover]
Mfg. by
UNITED BINDING CO.
194 EAST NINTH STREET
SAINT PAUL, MINNESOTA 55101
Phone 224-7578 Area Code 612
Specialist in Reconditioning of Valuable Records
SINCE 1919
Bound to Last
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 3)
Description
[page 3]
[corresponds to inside red cover]
[corresponds to inside red cover]
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 4)
Description
[page 4]
[corresponds to inside red cover]
[corresponds to inside red cover]
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 5)
Description
[page 5]
[corresponds to page labeled B]
Bayly Thomas M. Authenticates copy of Will ~ 2 ~
Brown Fancher Will of --- --- 152
Barber Rhoda Decd. Will of --- --- 159
Bull William Decd. Will of --- --- 202
Benton Nathaniel decd. Ditto --- --- 212
Butler Thomas decd Will of --- --- 245
Brown Hiram JL decd Will of --- --- 255
Bidlack Philomen decd Will of --- --- 273
Brundige William " Ditto --- --- 282
Bockoven Elizabeth " Ditto --- --- 289
Barry Armstead M decd Authenticated Copy of Will304
Beackley John decd Will of --- --- 312
Bell William decd Will of --- --- 314
Bennett Henry decd will proven 330
Brown Benjamin S --- --- 372
Beach George --- --- 378
Bockoven Noe --- --- 400
Bumgartner John --- --- 423
Bigelow Alpheus decd Will of 434
A's are back of Z
[corresponds to page labeled B]
Bayly Thomas M. Authenticates copy of Will ~ 2 ~
Brown Fancher Will of --- --- 152
Barber Rhoda Decd. Will of --- --- 159
Bull William Decd. Will of --- --- 202
Benton Nathaniel decd. Ditto --- --- 212
Butler Thomas decd Will of --- --- 245
Brown Hiram JL decd Will of --- --- 255
Bidlack Philomen decd Will of --- --- 273
Brundige William " Ditto --- --- 282
Bockoven Elizabeth " Ditto --- --- 289
Barry Armstead M decd Authenticated Copy of Will304
Beackley John decd Will of --- --- 312
Bell William decd Will of --- --- 314
Bennett Henry decd will proven 330
Brown Benjamin S --- --- 372
Beach George --- --- 378
Bockoven Noe --- --- 400
Bumgartner John --- --- 423
Bigelow Alpheus decd Will of 434
A's are back of Z
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 6)
Description
[page 6]
[corresponds to back of page labeled B]
Canan Samuel R Will 393
[corresponds to back of page labeled B]
Canan Samuel R Will 393
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 7)
Description
[page 7]
[corresponds to page labeled C]
Clark William ~ Will of ~ 1 ~
Chamberlin Samuel ~ Will of ~ 14 ~
Clark Nathan ~ Will of ~ 54 ~
Carpenter Gilbert ~ Will of decd ~ 77 ~
Condit Simon ~ Will of ~ 81 ~
Cox Prior ~ Will of ~ 96 ~
Cooke Benajah ~ Will of decd ~ 99 ~
Croghan William ~ Ditto ~ 114 ~
Cowgill Ralph ~ Ditto ~ 120 ~
Cochran James ~ Ditto ~ 195 ~
Converse Abial decd ~ Ditto ~ 214 ~
Carr Amos decd ~ Ditto ~ 220 ~
Carter William decd ~ will copy of ~ 229 ~
Case Lorenzo decd ~ will of ~ 246 ~
Cooper Samuel decd ~ will of ~ 269 ~
Campbell James decd ~ Ditto ~ 275 ~
Crawford William Jr. decd ~ D. 288 ~
Case Milton S. decd ~ 316 ~
Case Lucius ~ will 359 ~
Carr Solomon ~ 361 ~
Cole Joseph D. 409
Chandler Phebe J. 351
Carpenter, Benjamin Will 432
[corresponds to page labeled C]
Clark William ~ Will of ~ 1 ~
Chamberlin Samuel ~ Will of ~ 14 ~
Clark Nathan ~ Will of ~ 54 ~
Carpenter Gilbert ~ Will of decd ~ 77 ~
Condit Simon ~ Will of ~ 81 ~
Cox Prior ~ Will of ~ 96 ~
Cooke Benajah ~ Will of decd ~ 99 ~
Croghan William ~ Ditto ~ 114 ~
Cowgill Ralph ~ Ditto ~ 120 ~
Cochran James ~ Ditto ~ 195 ~
Converse Abial decd ~ Ditto ~ 214 ~
Carr Amos decd ~ Ditto ~ 220 ~
Carter William decd ~ will copy of ~ 229 ~
Case Lorenzo decd ~ will of ~ 246 ~
Cooper Samuel decd ~ will of ~ 269 ~
Campbell James decd ~ Ditto ~ 275 ~
Crawford William Jr. decd ~ D. 288 ~
Case Milton S. decd ~ 316 ~
Case Lucius ~ will 359 ~
Carr Solomon ~ 361 ~
Cole Joseph D. 409
Chandler Phebe J. 351
Carpenter, Benjamin Will 432
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 8)
Description
[page 8]
[corresponds to back of page labeled C]
blank
[corresponds to back of page labeled C]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 9)
Description
[page 9]
[corresponds to unlabeled page]
Dwinell Clark H. ~ will of ~ 56 ~
[corresponds to unlabeled page]
Dwinell Clark H. ~ will of ~ 56 ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 10)
Description
[page 10]
[corresponds to back of unlabeled page]
blank
[corresponds to back of unlabeled page]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 11)
Description
[page 11]
[corresponds to back of unlabeled page]
Elizabeth Downing is located
on page 353.
Her will is not located in this
index.
[corresponds to back of unlabeled page]
Elizabeth Downing is located
on page 353.
Her will is not located in this
index.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 12)
Description
[page 12]
[corresponds to unlabeled page D]
Davis Edward ~ Will of ~ 16 ~
Davenport Saml ~ authend copy of will ~ 46 ~
Davies Thomas ~ will of ~ ~ 75 ~
Davis Robert decd ~ will of decd ~ 83 ~
Dwinnel Clark H. will of decd. ~ 56 ~
Davies Evan decd. will of decd. ~ ~ ~ 167 ~
Drake Saml decd. will of ~ ~ ~ ~ 169 ~
Dean James decd will of decd ~ ~ ~ 179 ~
Dutton Isaac decd will of ~ 234
Darst Peter decd will of ~ 261
Dirst John decd will of ~ 271
Dilsaver Michael Do Do 412
Dennis Jacob Do Do 452
DeWolf James " 124
[corresponds to unlabeled page D]
Davis Edward ~ Will of ~ 16 ~
Davenport Saml ~ authend copy of will ~ 46 ~
Davies Thomas ~ will of ~ ~ 75 ~
Davis Robert decd ~ will of decd ~ 83 ~
Dwinnel Clark H. will of decd. ~ 56 ~
Davies Evan decd. will of decd. ~ ~ ~ 167 ~
Drake Saml decd. will of ~ ~ ~ ~ 169 ~
Dean James decd will of decd ~ ~ ~ 179 ~
Dutton Isaac decd will of ~ 234
Darst Peter decd will of ~ 261
Dirst John decd will of ~ 271
Dilsaver Michael Do Do 412
Dennis Jacob Do Do 452
DeWolf James " 124
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 13)
Description
[page 13]
[corresponds to back of unlabeled page D]
blank
[corresponds to back of unlabeled page D]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 14)
Description
[page 14]
[corresponds to page labeled E]
Evans William W. ~ authenticated will of32 ~
Evans John decd will of decd ~ ~ 161 ~
Evans Major decd will of ~ 253
Eaton Stephen S. decd will of ~ ~ 298 ~
Earle Nathaniel will of ~ ~ 335 ~
Edgar William copy of will 387
[corresponds to page labeled E]
Evans William W. ~ authenticated will of32 ~
Evans John decd will of decd ~ ~ 161 ~
Evans Major decd will of ~ 253
Eaton Stephen S. decd will of ~ ~ 298 ~
Earle Nathaniel will of ~ ~ 335 ~
Edgar William copy of will 387
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 15)
Description
[page 15]
[corresponds to back of page labeled E]
blank
[corresponds to back of page labeled E]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 16)
Description
[page 16]
[corresponds to page labeled G]
Gale William ~ will of ~ 13 ~
Garvin John ~ will of ~ 27 ~
Graves Austin ~ will of ~ 62 ~
Griffiths John ~ will of decd ~ 69 ~
Girst John B. ~ will of decd ~ 148 ~
Gorton Silas C. will of decd ~ 162 ~
Gregory Selah Ditto ~ 294 ~
Graves Bishop D. " 340
[corresponds to page labeled G]
Gale William ~ will of ~ 13 ~
Garvin John ~ will of ~ 27 ~
Graves Austin ~ will of ~ 62 ~
Griffiths John ~ will of decd ~ 69 ~
Girst John B. ~ will of decd ~ 148 ~
Gorton Silas C. will of decd ~ 162 ~
Gregory Selah Ditto ~ 294 ~
Graves Bishop D. " 340
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 17)
Description
[page 17]
[corresponds to back of page labeled G]
blank page
[corresponds to back of page labeled G]
blank page
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 18)
Description
[page 18]
[corresponds to page labeled H]
Husted Esbon ~ will of ~ 7 ~
Hamlin Nathaniel ~ will of ~ 18 ~
Hough Sylvester ~ will of ~ 20 ~
Higbee Joseph ~ will of ~ 23 ~
Hess George will of decd ~ 66 ~
Hoskins Henry will of decd ~ 87 ~
Hurlbut Jacob ~ Ditto ~ 112 ~
Holbrook Baruck decd ~ will of decd ~ 164 ~
Hoskins John decd ~ will of ~ ~ 176 ~
Harris Theophilus decd ~ will,copy of~ 237
Heverlo Andrew decd ~ will copy of ~ 266
Hopkins Orin S. ~ ~~~ 365
Hanover John ~ ~~~ 382 ~
Heth Asa copy of will 389
Hinton William decd ~ 397
[corresponds to page labeled H]
Husted Esbon ~ will of ~ 7 ~
Hamlin Nathaniel ~ will of ~ 18 ~
Hough Sylvester ~ will of ~ 20 ~
Higbee Joseph ~ will of ~ 23 ~
Hess George will of decd ~ 66 ~
Hoskins Henry will of decd ~ 87 ~
Hurlbut Jacob ~ Ditto ~ 112 ~
Holbrook Baruck decd ~ will of decd ~ 164 ~
Hoskins John decd ~ will of ~ ~ 176 ~
Harris Theophilus decd ~ will,copy of~ 237
Heverlo Andrew decd ~ will copy of ~ 266
Hopkins Orin S. ~ ~~~ 365
Hanover John ~ ~~~ 382 ~
Heth Asa copy of will 389
Hinton William decd ~ 397
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 19)
Description
[page 19]
[corresponds to back of page labeled H]
blank page
[corresponds to back of page labeled H]
blank page
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 20)
Description
[page 20]
[corresponds to page labeled J]
Johnson Uriah decd will of decd ~ ~ ~ 105 ~
Jamison Robert decd ~ Ditto ~ ~ 146 ~
James Evan decd ~ Ditto ~ ~ ~ 184 ~
Jones John decd ~ Ditto ~ ~ ~ 217 ~
Jones Robert " ~ Ditto ~ ~ ~ 225 ~
Jackson Henry ~ Ditto ~ ~ ~ 297 ~
Jones Margaret decd ~ Ditto ~ ~ ~ 321 ~
Johns John B. 450
[corresponds to page labeled J]
Johnson Uriah decd will of decd ~ ~ ~ 105 ~
Jamison Robert decd ~ Ditto ~ ~ 146 ~
James Evan decd ~ Ditto ~ ~ ~ 184 ~
Jones John decd ~ Ditto ~ ~ ~ 217 ~
Jones Robert " ~ Ditto ~ ~ ~ 225 ~
Jackson Henry ~ Ditto ~ ~ ~ 297 ~
Jones Margaret decd ~ Ditto ~ ~ ~ 321 ~
Johns John B. 450
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 21)
Description
[page 21]
[corresponds to back of page labeled J]
blank
[corresponds to back of page labeled J]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 22)
Description
[page 22]
[correspnds to page labeled K]
Kooken James decd will of decd ~ ~ 107 ~
Kurtz Frederick decd will of ~ ~ ~ 315
Kelsey Rhoda " " ~ 358
[correspnds to page labeled K]
Kooken James decd will of decd ~ ~ 107 ~
Kurtz Frederick decd will of ~ ~ ~ 315
Kelsey Rhoda " " ~ 358
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 23)
Description
[page 23]
[corresponds to back of page labeled K]
blank
[corresponds to back of page labeled K]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 24)
Description
[page 24]
[corresponds to unlabeled page L]
Landon James decd will of decd ~ ~ 85 ~
Lewis George, authend copy of will ~ ~ 93 ~
Lewis Robert decd will of decd ~ ~ 158 ~
Lodwig Thomas decd will of decd ~ ~ 181 ~
Lewis Thomas decd ~ will of decd ~ 243 ~
Lott Henry decd ~ will of decd 267 ~
Leonard Isaac decd will of decd ~ ~ ~ 285
Lewis Evan " Ditto ~ ~ ~ 291 ~
Lott Mary decd will of 331 ~
Long Conrad ~~~ 370 ~
Langworthy Jason Ditto 405
Lott John decd will of 427
Lamb Reuben " 458
[corresponds to unlabeled page L]
Landon James decd will of decd ~ ~ 85 ~
Lewis George, authend copy of will ~ ~ 93 ~
Lewis Robert decd will of decd ~ ~ 158 ~
Lodwig Thomas decd will of decd ~ ~ 181 ~
Lewis Thomas decd ~ will of decd ~ 243 ~
Lott Henry decd ~ will of decd 267 ~
Leonard Isaac decd will of decd ~ ~ ~ 285
Lewis Evan " Ditto ~ ~ ~ 291 ~
Lott Mary decd will of 331 ~
Long Conrad ~~~ 370 ~
Langworthy Jason Ditto 405
Lott John decd will of 427
Lamb Reuben " 458
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 25)
Description
[page 25]
[corresponds to back of unlabeled page L]
blank
[corresponds to back of unlabeled page L]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 26)
Description
[page 26]
[corresponds to unlabeled page M]
Minter John ~ will of ~ 9 ~
Moore Christopher ~ will of ~ 37 ~
McKear James will of decd ~ 79 ~
Milton John & Hannah E. wills of ~ 171 ~
Markel Ephraim decd ~ will of decd ~ 197 ~
Munroe Saml decd will of decd ~ ~ 222 ~
McClure William decd Ditto ~ ~ 226 ~
Markel John L " Ditto ~ ~ 227 ~
Miller Jacob decd Ditto ~ ~ 241
Morris Harry decd authend copy ~ ~ 263
Mason Stephen Thompson ~ Ditto ~ ~ 307 ~
McWilliams James decd will of decd ~ 318 ~
Mead Martin decd ~~~ ~~~~~ 363 ~
Morgan Barbary ~~~ ~~~~~ 376 ~
McNitt Adam ~~~ ~~~~~ 396
Miller Henry decd 417
Meeker Forrest Ditto 414 ~
McCutcheon James M decd will of 428
Morris John decd will of 421
McClune John Ditto " 448
McCune James decd will of 451
[corresponds to unlabeled page M]
Minter John ~ will of ~ 9 ~
Moore Christopher ~ will of ~ 37 ~
McKear James will of decd ~ 79 ~
Milton John & Hannah E. wills of ~ 171 ~
Markel Ephraim decd ~ will of decd ~ 197 ~
Munroe Saml decd will of decd ~ ~ 222 ~
McClure William decd Ditto ~ ~ 226 ~
Markel John L " Ditto ~ ~ 227 ~
Miller Jacob decd Ditto ~ ~ 241
Morris Harry decd authend copy ~ ~ 263
Mason Stephen Thompson ~ Ditto ~ ~ 307 ~
McWilliams James decd will of decd ~ 318 ~
Mead Martin decd ~~~ ~~~~~ 363 ~
Morgan Barbary ~~~ ~~~~~ 376 ~
McNitt Adam ~~~ ~~~~~ 396
Miller Henry decd 417
Meeker Forrest Ditto 414 ~
McCutcheon James M decd will of 428
Morris John decd will of 421
McClune John Ditto " 448
McCune James decd will of 451
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 27)
Description
[page 27]
[corresponds to back of unlabeled page M]
blank
[corresponds to back of unlabeled page M]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 28)
Description
[page 28]
[corresponds to unlabeled page N]
North Caleb decd copy of will decd ~ ~ 186
[corresponds to unlabeled page N]
North Caleb decd copy of will decd ~ ~ 186
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 29)
Description
[page 29]
[corresponds to back of unlabeled page N]
blank
[corresponds to back of unlabeled page N]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 30)
Description
[page 30]
[corresponds to unlabeled page O]
Oller John ~ will of ~ 59 ~
Osborn James ~ will of ~ 270 ~
[corresponds to unlabeled page O]
Oller John ~ will of ~ 59 ~
Osborn James ~ will of ~ 270 ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 31)
Description
[page 31]
[corresponds to back of unlabeled page O]
blank
[corresponds to back of unlabeled page O]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 32)
Description
[page 32]
[corresponds to unlabeled page P]
Perry Lewis. will of ~ 35 ~
Poor David J. authend copy of will ~ 50 ~
Pierce Alpheus Sr. decd will of decd ~ ~ 89 ~
Parker Peter decd ~ Ditto ~ ~ ~ 192 ~
Page Isaac decd ~ Ditto ~ ~ ~ 207 ~
Penry Walter decd ~ Ditto ~ ~ ~ 219 ~
Porter Rosannah decd ~ Ditto ~ ~ ~ 301 ~
Perry Mary will & c ~~~~~ 332 ~
Page William ~~~~~~~~~~~ ~~~~~~~~~~ 380 ~
Pool Joseph ~~~ ~~~~~ 422
[corresponds to unlabeled page P]
Perry Lewis. will of ~ 35 ~
Poor David J. authend copy of will ~ 50 ~
Pierce Alpheus Sr. decd will of decd ~ ~ 89 ~
Parker Peter decd ~ Ditto ~ ~ ~ 192 ~
Page Isaac decd ~ Ditto ~ ~ ~ 207 ~
Penry Walter decd ~ Ditto ~ ~ ~ 219 ~
Porter Rosannah decd ~ Ditto ~ ~ ~ 301 ~
Perry Mary will & c ~~~~~ 332 ~
Page William ~~~~~~~~~~~ ~~~~~~~~~~ 380 ~
Pool Joseph ~~~ ~~~~~ 422
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 33)
Description
[page 33]
[corresponds to back of unlabeled page P]
blank
[corresponds to back of unlabeled page P]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 34)
Description
[page 34]
[corresponds to unlabeled page R]
Randall Edward L ~ will of decd ~~~ ~~~ 104 ~
Roberts Jeremiah ~ will of decd ~~~ ~~~ 150 ~
Roberts James Sr ~ will of decd ~~~~~ 258 ~
Roush John decd ~~~ Ditto ~~~ ~~~ 279 ~
Royce Daniel decd Ditto ~~~ ~~ ~ 320
[corresponds to unlabeled page R]
Randall Edward L ~ will of decd ~~~ ~~~ 104 ~
Roberts Jeremiah ~ will of decd ~~~ ~~~ 150 ~
Roberts James Sr ~ will of decd ~~~~~ 258 ~
Roush John decd ~~~ Ditto ~~~ ~~~ 279 ~
Royce Daniel decd Ditto ~~~ ~~ ~ 320
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 35)
Description
[page 35]
[corresponds to back of unlabeled page R]
blank
[corresponds to back of unlabeled page R]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 36)
Description
[page 36]
[corresponds to unlabeled page S]
Simmons Ephraim . will of ~~~ ~~~ 43 ~
Smart Joseph ~ will of ~~~ ~~~ 64
Smith Edith ~ will of decd ~~~ ~~~ 71 ~
Selden Joseph D ~ authentd. copy of will ~ 73 ~
Smith Silas ~ will of decd ~~~ ~~~ 108 ~
Smith Josiah M ~ will of decd ~~~ ~~~ 110 ~
Shoemaker Daniel ~ Ditto ~~~ ~~~ 193 ~
Smith Conrod ~~ Ditto ~~~ ~~~ 277 ~
Seigfried Jacob Decd Ditto ~~~ ~~~ 336 ~
Storm George Decd Ditto ~~~ ~~~ 324 ~
St John Sally Ann ~~~ 360
Sacket Milton H Do 411 ~
Singer Jacob T decd will of 430.
Shaw Louisa C decd " " 437.
[corresponds to unlabeled page S]
Simmons Ephraim . will of ~~~ ~~~ 43 ~
Smart Joseph ~ will of ~~~ ~~~ 64
Smith Edith ~ will of decd ~~~ ~~~ 71 ~
Selden Joseph D ~ authentd. copy of will ~ 73 ~
Smith Silas ~ will of decd ~~~ ~~~ 108 ~
Smith Josiah M ~ will of decd ~~~ ~~~ 110 ~
Shoemaker Daniel ~ Ditto ~~~ ~~~ 193 ~
Smith Conrod ~~ Ditto ~~~ ~~~ 277 ~
Seigfried Jacob Decd Ditto ~~~ ~~~ 336 ~
Storm George Decd Ditto ~~~ ~~~ 324 ~
St John Sally Ann ~~~ 360
Sacket Milton H Do 411 ~
Singer Jacob T decd will of 430.
Shaw Louisa C decd " " 437.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 37)
Description
[page 37]
[corresponds to back of unlabeled page S]
blank
[corresponds to back of unlabeled page S]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 38)
Description
[page 38]
[corresponds to unlabeled page T]
Trindle James Will of ~ ~~~ 39 ~
Tracy Benjn F decd ~ authend copy of will ~ 91 ~
Terrer William decd ~ will of decd ~~~ ~~~ 210 ~
Thurston Daniel G decd ~ will of decd ~~~ 235.
Thomas James decd Do.. ~~~ ~~~ ~~~284.
Tompkins Jotham ~~ ~~ ~~ 369 ~
Terrill Jahiel ~~~ ~~~ ~~~ 385 ~
[corresponds to unlabeled page T]
Trindle James Will of ~ ~~~ 39 ~
Tracy Benjn F decd ~ authend copy of will ~ 91 ~
Terrer William decd ~ will of decd ~~~ ~~~ 210 ~
Thurston Daniel G decd ~ will of decd ~~~ 235.
Thomas James decd Do.. ~~~ ~~~ ~~~284.
Tompkins Jotham ~~ ~~ ~~ 369 ~
Terrill Jahiel ~~~ ~~~ ~~~ 385 ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 39)
Description
[page 39]
[corresponds to back of unlabeled page T]
blank
[corresponds to back of unlabeled page T]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 40)
Description
[page 40]
[corresponds to page labeled W]
Willey Peter ~ Will of ~ 30 ~
Watkins Watkin ~ Will of ~~~~ 41 ~
Wolfe James D ~ Copy of will decd ~ 124 . see DeWolf ~
White John , Will of decd ~~~ ~~~ 190 ~
Worline Albright decd. Will of decd ~~~ 203 ~
Worline John deced will of decd ~~ 250 ~
Waters charles decd.. will of decd ~~ 252 ~
Wilson David decd.. will of decd ~~ 303 ~
Williams Anson dec will of 347
Williams John ~~~ ~~~ 366
Wilcox Jehiel ~~~ ~~~ ~~~ 394
White Simpson Do 408.
Watts John Do 402.
Williams Catharine Do 425
Welchous Anna Do 21
Williams John (Troy) 461
[corresponds to page labeled W]
Willey Peter ~ Will of ~ 30 ~
Watkins Watkin ~ Will of ~~~~ 41 ~
Wolfe James D ~ Copy of will decd ~ 124 . see DeWolf ~
White John , Will of decd ~~~ ~~~ 190 ~
Worline Albright decd. Will of decd ~~~ 203 ~
Worline John deced will of decd ~~ 250 ~
Waters charles decd.. will of decd ~~ 252 ~
Wilson David decd.. will of decd ~~ 303 ~
Williams Anson dec will of 347
Williams John ~~~ ~~~ 366
Wilcox Jehiel ~~~ ~~~ ~~~ 394
White Simpson Do 408.
Watts John Do 402.
Williams Catharine Do 425
Welchous Anna Do 21
Williams John (Troy) 461
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 41)
Description
[page 41]
[corresponds to back of page labeled W]
blank
[corresponds to back of page labeled W]
blank
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 42)
Description
[page 42]
[corresponds to unlabeled page Y]
Yager John decd will of. 260 ~
[corresponds to unlabeled page Y]
Yager John decd will of. 260 ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 43)
Description
[page 43]
[corresponds to back of unlabeled page Y]
State of Ohio, Delaware County SS ~
Delaware Court of Common Pleas. of the term of Nov..A.D. 1835.
Estate of William Clark.
On application, ordered that William
J. Norris & James Norris be admitted as security to the bond
given by the executrix in this case in the place of Benjn Olds &
Joseph Foreman who were accepted as such at our last term
and refuse to enter into said bond ~
[corresponds to back of unlabeled page Y]
State of Ohio, Delaware County SS ~
Delaware Court of Common Pleas. of the term of Nov..A.D. 1835.
Estate of William Clark.
On application, ordered that William
J. Norris & James Norris be admitted as security to the bond
given by the executrix in this case in the place of Benjn Olds &
Joseph Foreman who were accepted as such at our last term
and refuse to enter into said bond ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 44)
Description
[page 44]
[corresponds to unlabeled page A]
Will Record 2 1835 - 50
Adams John ~ Will of ~ 11 ~
Andrews Timothy decd Will of decd ~~~ 153 ~
Adams Rachael decd , Will of decd ~~~ 165 ~
Adams Samuel decd Will of decd ~ 248.
Andress Hiram " Ditto ~~~ 293 ~
Anway James Ditto 375
ROLL DATE
2 July 28, 1959
3 Aug 7, 1959
[corresponds to unlabeled page A]
Will Record 2 1835 - 50
Adams John ~ Will of ~ 11 ~
Andrews Timothy decd Will of decd ~~~ 153 ~
Adams Rachael decd , Will of decd ~~~ 165 ~
Adams Samuel decd Will of decd ~ 248.
Andress Hiram " Ditto ~~~ 293 ~
Anway James Ditto 375
ROLL DATE
2 July 28, 1959
3 Aug 7, 1959
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 45)
Description
[page 45]
[corresponds to back of unlabeled page A]
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Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 46)
Description
[page 46]
[corresponds to labeled page 1 of Will Records Vol. 2 - 1835-1850]
1
Pleas held at the Court House in Delaware, on the 10th day
of June A.D. 1835. before the Hon. Joseph R. Swan, President &
William S. Drake, Hosea Williams & Ezra Griswold Esqr his associates,
Judges of The Court of Common Pleas, in & for the County of Dela
ware, in the State of Ohio~
This day the last will & testament of William Clark decd was
produced in open Court, & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved & ordered to be recorded
and thereupon, on motion of Sarah Clark, the Executrix in said
will named. it is ordered, That letters testamentary be granted her upon
her entering into bonds in the sum of six hundred dollars, with
Benjamin Olds & Joseph Foreman as security~ And it is further
ordered, that Francis Clymer, Horace Rogers & Isaac Rogers appraise
the personal property of said estate~
In the name of God Amen~ I, William Clark of the County of
Delaware. & State of Ohio. being sick & weak in body. but of sound and
disposing mind & memory. & being desirous to settle my worldly af-
fairs, & thereby be the better prepared to leave this world, do therefore
make & publish, this my last will & testament in manner & form fol
lowing, that is to say ~ First, & principally: I commit my soul
into the hands of Almighty God, & my body to the earth to be decently
buried. at the discretion of my Executrix herein after named & after
my debts & funeral charges are paid. I give devise & bequeath as follows.
Item ~ I give devise & bequeath unto Sarah my dear wife, one
third part of all my estate both personal & real~ Item ~ I give
& bequeath unto my four youngest children Malvina, Watson Norris,
Madison Bailey & Matilda Bunker the sum of forty dollars to be paid
to them & each of them respectively. when they come to their respective
ages of eighteen & twenty one years or day of marriage which shall first
happen~ Item ~ I do hereby appoint & direct. that my dear
wife shall have, the guardianship & tuition of my children' during
their minority respectively, so long as she shall continue sole, & in
case of her death, or marriage during the minority of any of my children
then I appoint my oldest son Lorenzo Dow to take the guardian-
ship of my children during their minority, or the minority of any
of them~ Item ~ I give devise & bequeath unto my dear
children Lorenzo Dow, Jasper Wood, William Perry, Malvina, Watson
Norris, Madison Bailey & Matilda Bunker all the rest & residue of
my estate, both personal & real in equal portion share & share alike ~
[corresponds to labeled page 1 of Will Records Vol. 2 - 1835-1850]
1
Pleas held at the Court House in Delaware, on the 10th day
of June A.D. 1835. before the Hon. Joseph R. Swan, President &
William S. Drake, Hosea Williams & Ezra Griswold Esqr his associates,
Judges of The Court of Common Pleas, in & for the County of Dela
ware, in the State of Ohio~
This day the last will & testament of William Clark decd was
produced in open Court, & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved & ordered to be recorded
and thereupon, on motion of Sarah Clark, the Executrix in said
will named. it is ordered, That letters testamentary be granted her upon
her entering into bonds in the sum of six hundred dollars, with
Benjamin Olds & Joseph Foreman as security~ And it is further
ordered, that Francis Clymer, Horace Rogers & Isaac Rogers appraise
the personal property of said estate~
In the name of God Amen~ I, William Clark of the County of
Delaware. & State of Ohio. being sick & weak in body. but of sound and
disposing mind & memory. & being desirous to settle my worldly af-
fairs, & thereby be the better prepared to leave this world, do therefore
make & publish, this my last will & testament in manner & form fol
lowing, that is to say ~ First, & principally: I commit my soul
into the hands of Almighty God, & my body to the earth to be decently
buried. at the discretion of my Executrix herein after named & after
my debts & funeral charges are paid. I give devise & bequeath as follows.
Item ~ I give devise & bequeath unto Sarah my dear wife, one
third part of all my estate both personal & real~ Item ~ I give
& bequeath unto my four youngest children Malvina, Watson Norris,
Madison Bailey & Matilda Bunker the sum of forty dollars to be paid
to them & each of them respectively. when they come to their respective
ages of eighteen & twenty one years or day of marriage which shall first
happen~ Item ~ I do hereby appoint & direct. that my dear
wife shall have, the guardianship & tuition of my children' during
their minority respectively, so long as she shall continue sole, & in
case of her death, or marriage during the minority of any of my children
then I appoint my oldest son Lorenzo Dow to take the guardian-
ship of my children during their minority, or the minority of any
of them~ Item ~ I give devise & bequeath unto my dear
children Lorenzo Dow, Jasper Wood, William Perry, Malvina, Watson
Norris, Madison Bailey & Matilda Bunker all the rest & residue of
my estate, both personal & real in equal portion share & share alike ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 47)
Description
[page 47]
[corresponds to labeled page 2 of Will Records Vol. 2 - 1835-1850]
2
And lastly~ I do hereby constitute & appoint my dear wife Sarah Clark
to be sole executrix of this my last will & testament, revoking & annulling
all former wills by me heretofore made, ratifying & confirming this &
none other to be my last will & testament~ In testimony whereof,
I, William Clark have to this my will, consisting of one sheet of paper.
set my hand & seal. This 12th day of April A.D. 1835~
Signed, sealed, published & declared William Clark [Seal]
by William Clark The within &
above named testator, as & for his last will & testament, in the presence
of us, who at his request, & in his presence have subscribed our names
as witnesses thereto ~
Miles R. Payne~ Joseph Foreman~
State of Ohio, Deleware County, ss Personally appeared in open
Court, Miles R. Payne & Joseph Foreman who being duly sworn depose
& say, that on the 12th day of April 1835, they were called upon to witness &
subscribe the last will & testament of William Clark now exhibited to the
Court, that they subscribe the same at the request of said William Clark &
in his presence~ And that said Clark was of sound & disposing mind &
memory~ And that said Clark has since died without making any other
as they believe~ Joseph Foreman~
Miles R. Payne~
Sworn & subscribed, in open Court, June 10th 1835~
T. Reynolds Clerk~
Recorded the foregoing Will &c June 19th 1835~
Attest~ T Reynolds Clerk~
________________________________________________________________________
Pleas held at the Court. House. in Delaware. on the 10th day of
June A.D. 1835, before the Hon. Joseph R. Swan, President. & William S.
Dreke, Hosea Willliams & Ezra Griswold Esqr his associates, Judges of
the Court of Common Pleas, in & for the County of Delaware in the
State of Ohio~
On motion to the Court, by Wm Thomas, an
authenticated copy of the last will & testament of Thomas M. Bayly decd
late of the State of Virginia, is ordered to be admitted to record~
I, Thomas M. Bayly of Accomack County, State of Virginia, Attorney
at law, do make & ordain this to be my last will & testament in manner
and form following~ First~ I give, bequeath & devise unto my
beloved & affectionate wife Jane O. Bayly every sort of personal Estate
[corresponds to labeled page 2 of Will Records Vol. 2 - 1835-1850]
2
And lastly~ I do hereby constitute & appoint my dear wife Sarah Clark
to be sole executrix of this my last will & testament, revoking & annulling
all former wills by me heretofore made, ratifying & confirming this &
none other to be my last will & testament~ In testimony whereof,
I, William Clark have to this my will, consisting of one sheet of paper.
set my hand & seal. This 12th day of April A.D. 1835~
Signed, sealed, published & declared William Clark [Seal]
by William Clark The within &
above named testator, as & for his last will & testament, in the presence
of us, who at his request, & in his presence have subscribed our names
as witnesses thereto ~
Miles R. Payne~ Joseph Foreman~
State of Ohio, Deleware County, ss Personally appeared in open
Court, Miles R. Payne & Joseph Foreman who being duly sworn depose
& say, that on the 12th day of April 1835, they were called upon to witness &
subscribe the last will & testament of William Clark now exhibited to the
Court, that they subscribe the same at the request of said William Clark &
in his presence~ And that said Clark was of sound & disposing mind &
memory~ And that said Clark has since died without making any other
as they believe~ Joseph Foreman~
Miles R. Payne~
Sworn & subscribed, in open Court, June 10th 1835~
T. Reynolds Clerk~
Recorded the foregoing Will &c June 19th 1835~
Attest~ T Reynolds Clerk~
________________________________________________________________________
Pleas held at the Court. House. in Delaware. on the 10th day of
June A.D. 1835, before the Hon. Joseph R. Swan, President. & William S.
Dreke, Hosea Willliams & Ezra Griswold Esqr his associates, Judges of
the Court of Common Pleas, in & for the County of Delaware in the
State of Ohio~
On motion to the Court, by Wm Thomas, an
authenticated copy of the last will & testament of Thomas M. Bayly decd
late of the State of Virginia, is ordered to be admitted to record~
I, Thomas M. Bayly of Accomack County, State of Virginia, Attorney
at law, do make & ordain this to be my last will & testament in manner
and form following~ First~ I give, bequeath & devise unto my
beloved & affectionate wife Jane O. Bayly every sort of personal Estate
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 48)
Description
[page 48]
[corresponds to labeled page 3 of Will Records Vol. 2 - 1835-1850]
3
whatsover which belonged to her, at the time of our marriage,
and which remains in my possession at the time of my death,
including, not only the slaves, but the children of the female slaves
which belonged to her, & which have been born since our marriage
to her & her heirs & assigns forever~ Secondly~ I give & bequeath
unto my beloved wife Jane O. Bayly during her natural life &
widowhood the following slaves & their increase, viz; the children
born of the females, Israel, Dinah & her children, Elzey & the chil-
dren of Mariam, viz; Sukey, Richard, William, Rachel, Henry & John,
& at the death or marriage of my wife, I give & bequeath them & their
increase to my Daughter, Jane Bayly to her & her heirs & assigns forever~
Thirdly~ I give unto my dear & beloved wife, to her & her heirs for
ever the plantation called The Vale in Scarborough's neck & which
formerly belonged to her father~ The above property real & personal
is bequeathed, given & devised unto my beloved wife, upon this express
condition, that she is to pay & exonerate my estate from a debt due
unto Robert Hadlock by me on bond being for the purchase of the
said plantation. But I direct, that the money due unto me on
extention of Lands of Samuel Coward's estate shall be applied to the
payment of the said debt to Robert Hadlock~ Fourthly~ All
that tract of land called Mount Custis Which includes the plantation
on which I live, & the plantation on which James Chandler lives &
all the horses & live stock of every kind & all the farming implements
of all sorts, I direct shall remain on it, for the term of five years, to
commence from the first day of January after my death, & the said
farm to be cultivated, & the profits & proceeds thereof to be applied
the support, education & maintenance of Thomas H. Bayly, A.D. Bayly,
Sally Bayly, Elizabeth W. Bayly & Margaret P. Bayly, the profits of
The Mount Custis tract on which I reside to be applied to the educating
& maintaining of my five children aforesaid for five years, but the
tract on which James Chandler resides, the profits for five years to
go to the payment of my debts~ Fifthly~ The plantation called
Marino, & the Mill & Mill lot & house, & all the horses, mules & stock & farm
ing utensils of every kind, & all the stills, still tubs, casks, stand tubs, barrels
hogheads, & every thing else relating to the making a crop of brandy or
grain, I direct shall remain & be carried on as it now is for five years
to commence from the first day of January after my decease & the
proceeds to go towards the payment of my debts~ Sixthly~ at the
end of five years from the first day of January after my death, I give
& devise to my son Thomas H. Bayly, The whole of my Mount Custis
Plantation being the land on which I now live, & the land on which
[corresponds to labeled page 3 of Will Records Vol. 2 - 1835-1850]
3
whatsover which belonged to her, at the time of our marriage,
and which remains in my possession at the time of my death,
including, not only the slaves, but the children of the female slaves
which belonged to her, & which have been born since our marriage
to her & her heirs & assigns forever~ Secondly~ I give & bequeath
unto my beloved wife Jane O. Bayly during her natural life &
widowhood the following slaves & their increase, viz; the children
born of the females, Israel, Dinah & her children, Elzey & the chil-
dren of Mariam, viz; Sukey, Richard, William, Rachel, Henry & John,
& at the death or marriage of my wife, I give & bequeath them & their
increase to my Daughter, Jane Bayly to her & her heirs & assigns forever~
Thirdly~ I give unto my dear & beloved wife, to her & her heirs for
ever the plantation called The Vale in Scarborough's neck & which
formerly belonged to her father~ The above property real & personal
is bequeathed, given & devised unto my beloved wife, upon this express
condition, that she is to pay & exonerate my estate from a debt due
unto Robert Hadlock by me on bond being for the purchase of the
said plantation. But I direct, that the money due unto me on
extention of Lands of Samuel Coward's estate shall be applied to the
payment of the said debt to Robert Hadlock~ Fourthly~ All
that tract of land called Mount Custis Which includes the plantation
on which I live, & the plantation on which James Chandler lives &
all the horses & live stock of every kind & all the farming implements
of all sorts, I direct shall remain on it, for the term of five years, to
commence from the first day of January after my death, & the said
farm to be cultivated, & the profits & proceeds thereof to be applied
the support, education & maintenance of Thomas H. Bayly, A.D. Bayly,
Sally Bayly, Elizabeth W. Bayly & Margaret P. Bayly, the profits of
The Mount Custis tract on which I reside to be applied to the educating
& maintaining of my five children aforesaid for five years, but the
tract on which James Chandler resides, the profits for five years to
go to the payment of my debts~ Fifthly~ The plantation called
Marino, & the Mill & Mill lot & house, & all the horses, mules & stock & farm
ing utensils of every kind, & all the stills, still tubs, casks, stand tubs, barrels
hogheads, & every thing else relating to the making a crop of brandy or
grain, I direct shall remain & be carried on as it now is for five years
to commence from the first day of January after my decease & the
proceeds to go towards the payment of my debts~ Sixthly~ at the
end of five years from the first day of January after my death, I give
& devise to my son Thomas H. Bayly, The whole of my Mount Custis
Plantation being the land on which I now live, & the land on which
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 49)
Description
[page 49]
[corresponds to labeled page 4 of Will Records Vol. 2 - 1835-1850]
4
James Chandler lives, to him & to his assigns, upon this express condition
that he shall sell in the whole or in part or parcell's, with installments
of five years, but all the installments to carry interest from the day of
sale provided he can obtain for the said land sixteen thousand dollars, but should
the land sell for more than the sixteen thousand dollars the whole proceeds of sale
is to be equally divided between my four daughters viz; Anna, Sally, Elizabeth
& Margaret, but should my son Thomas not be able to sell my said plan
tation, then I give & devise it equally to be divided between my said four
daughters equally share & share alike to them & their heirs & assigns forever~
Seventhly~ After the expiration of five years from the first day of January
after my death, I give & devise to my dear & beloved wife Jane O. Bayly,
during her natural life or widowhood, my plantation called Marino,
The Mill & Mill tenement attached thereunto, & all the stills, casks, & all
articles & utensils on it, for the making of brandy or grain, & all the horses,
mules & live stock on it, & at her death or marriage, I give & devise the said
plantation, mill & mill lot, & the personal estate above mentioned in this clause to my
daughter Jane O. Bayly to her & her heirs & assigns forever~
Eighthly~ I give & devise to my son Thomas H. Bayly & his heirs & assigns
forever, ten thousand acres of my Ohio land his choice, excepting my houses
in lots in Chillicothe, but upon this express condition, that he complies with
my wishes & directions to the sale & conveyance of my Mount Custis tract
of land, but should he refuse or neglect to comply with my declarations aforesaid
as to my Mount Custis lands then I give & devise my Mount Custis lands equally
to my four daughters affd Ann, Sally, Elizabeth & Margaret; & I give & devise my ten
thousand acres of land aforesaid in Ohio; the first choice, to my beloved wife
during her life & then to my daughter Jane, to her & her heirs forever, but should
my wife marry then in that case the said tract of ten thousand acres is to go
immediately to my Daughter Jane and I do further direct & declare, that should
my son Thomas should not comply with my directions aforesd as to my Mount
Custis land, then he forfeits all the estate real & personal given to him heretofore
or hereafter in this will, & the estate so given to him, to be given, & I do hereby
devise & give the same to my daughter Jane Baily & her heirs forever~
Ninthly~ I give & bequeath to my son Thomas my Law books of every kind
my other books in my Library, Maps & Charts, I give equally to be divided
betwen my wife & five daughters~ Tenthly~ All my slaves not
give to my wife, I direct shall remain with my executors to carry on the
crop for five years aforesd but should any of them misbehave or act improperly
I do authorize & empower my Executrix & Excutor to make sale of such as so
misbehaves, & at the end of five years, I give & bequeath the said slaves & their
increase to be equally divided between my son Thomas & my five daughters~
Eleventh~ For the purpose of raising a fund for the payment of my debts
[corresponds to labeled page 4 of Will Records Vol. 2 - 1835-1850]
4
James Chandler lives, to him & to his assigns, upon this express condition
that he shall sell in the whole or in part or parcell's, with installments
of five years, but all the installments to carry interest from the day of
sale provided he can obtain for the said land sixteen thousand dollars, but should
the land sell for more than the sixteen thousand dollars the whole proceeds of sale
is to be equally divided between my four daughters viz; Anna, Sally, Elizabeth
& Margaret, but should my son Thomas not be able to sell my said plan
tation, then I give & devise it equally to be divided between my said four
daughters equally share & share alike to them & their heirs & assigns forever~
Seventhly~ After the expiration of five years from the first day of January
after my death, I give & devise to my dear & beloved wife Jane O. Bayly,
during her natural life or widowhood, my plantation called Marino,
The Mill & Mill tenement attached thereunto, & all the stills, casks, & all
articles & utensils on it, for the making of brandy or grain, & all the horses,
mules & live stock on it, & at her death or marriage, I give & devise the said
plantation, mill & mill lot, & the personal estate above mentioned in this clause to my
daughter Jane O. Bayly to her & her heirs & assigns forever~
Eighthly~ I give & devise to my son Thomas H. Bayly & his heirs & assigns
forever, ten thousand acres of my Ohio land his choice, excepting my houses
in lots in Chillicothe, but upon this express condition, that he complies with
my wishes & directions to the sale & conveyance of my Mount Custis tract
of land, but should he refuse or neglect to comply with my declarations aforesaid
as to my Mount Custis lands then I give & devise my Mount Custis lands equally
to my four daughters affd Ann, Sally, Elizabeth & Margaret; & I give & devise my ten
thousand acres of land aforesaid in Ohio; the first choice, to my beloved wife
during her life & then to my daughter Jane, to her & her heirs forever, but should
my wife marry then in that case the said tract of ten thousand acres is to go
immediately to my Daughter Jane and I do further direct & declare, that should
my son Thomas should not comply with my directions aforesd as to my Mount
Custis land, then he forfeits all the estate real & personal given to him heretofore
or hereafter in this will, & the estate so given to him, to be given, & I do hereby
devise & give the same to my daughter Jane Baily & her heirs forever~
Ninthly~ I give & bequeath to my son Thomas my Law books of every kind
my other books in my Library, Maps & Charts, I give equally to be divided
betwen my wife & five daughters~ Tenthly~ All my slaves not
give to my wife, I direct shall remain with my executors to carry on the
crop for five years aforesd but should any of them misbehave or act improperly
I do authorize & empower my Executrix & Excutor to make sale of such as so
misbehaves, & at the end of five years, I give & bequeath the said slaves & their
increase to be equally divided between my son Thomas & my five daughters~
Eleventh~ For the purpose of raising a fund for the payment of my debts
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 50)
Description
[page 50]
[corresponds to labeled page 5 of Will Records Vol. 2 - 1835-1850]
I direct my Executrix & Executor to sell any of my personal estate 5
which is wasting & not useful in the family, which they may think
best for the interest of my estate should be sold except my slaves, I also
direct, that all my spare crops shall be sold, except what my wife thinks
is necessary for the family support. I also direct & empower my Execu
trix & Executor to make sale upon such terms as my Executrix sees
proper, & at such times as she thinks best, my lot in Drummond Town,
my lands on Guilford called Fishers, my lands on Wallop's road called
Emmerson's & all my lands not given & devised in this will, all my
houses & lots in Chillicothe, all the remainder of my lands in Ohio
except the ten thousand acres devised before & my tract of land in the
State of Illinois~ Twelfth~ The Boy, William P. Bayly,
I direct shall have no part or parcel of my Estate, but that he shall
be kept to an English school, at the expense of my estate until he is
twelve years of age & bound out by my son Thomas to a Mechanical or
manufacturing trade in the State of Massachusetts~ Thirteenth~
I give to my wife all my pictures & such other furniture at my
house at Mount Custis as she wishes to take the use of the family~
Fourteenth~ All the rest & remainder of my Estate of every kind what
soever, real & personal, I give equally between my wife, son Thomas & five daughters.
Fifteenth. I appoint my wife Guardian to my son Thomas & five daughters~
Sixteenth~ I do nominate & appoint my beloved wife Jane O. Bayly &
my son Thomas H. Bayly, Executrix & Executor of this my last will &
testament, & I direct that they shall give no bond for the Executorship,
no make any appraisment without they see proper so to do~ In
Witness whereof, I do hereunto set my hand, & affix my seal this 9th
day of March 1828~ All of which is written in my own hand & needs
no witnesses~ Thomas M. Bayly~ [Seal]
At a court held for the County of Accomack, at the Court-
House thereof, on Monday the 27th day of January 1834, this paper pur
porting to be the last will & testament of Thom M. Baily decd was
presented in Court, by Jane O. Bayly the widow of sd Thomas O. Bayly
in an envelope sealed up & endorsed "Thomas M. Bayly's Will" & Then
being no subscribing witnesses to said will, Thomas R. Joynes, John G.
Joynes & George P. Scarburgh - made both, that they were well acquaint
ed with the hand writing of the said Thomas M. Bayly, having fre
quently seen him write, & that they believe that the whole of the
said will & the signature of the name of Thomas M. Bayly thereto
& also the endorsement "Thomas M. Bayly's will" on the envelope to
be wholly in the hand writing of the said Thomas M. Bayly, & the said
will is thereupon considered to be sufficiently proved, & is ordered to be
[corresponds to labeled page 5 of Will Records Vol. 2 - 1835-1850]
I direct my Executrix & Executor to sell any of my personal estate 5
which is wasting & not useful in the family, which they may think
best for the interest of my estate should be sold except my slaves, I also
direct, that all my spare crops shall be sold, except what my wife thinks
is necessary for the family support. I also direct & empower my Execu
trix & Executor to make sale upon such terms as my Executrix sees
proper, & at such times as she thinks best, my lot in Drummond Town,
my lands on Guilford called Fishers, my lands on Wallop's road called
Emmerson's & all my lands not given & devised in this will, all my
houses & lots in Chillicothe, all the remainder of my lands in Ohio
except the ten thousand acres devised before & my tract of land in the
State of Illinois~ Twelfth~ The Boy, William P. Bayly,
I direct shall have no part or parcel of my Estate, but that he shall
be kept to an English school, at the expense of my estate until he is
twelve years of age & bound out by my son Thomas to a Mechanical or
manufacturing trade in the State of Massachusetts~ Thirteenth~
I give to my wife all my pictures & such other furniture at my
house at Mount Custis as she wishes to take the use of the family~
Fourteenth~ All the rest & remainder of my Estate of every kind what
soever, real & personal, I give equally between my wife, son Thomas & five daughters.
Fifteenth. I appoint my wife Guardian to my son Thomas & five daughters~
Sixteenth~ I do nominate & appoint my beloved wife Jane O. Bayly &
my son Thomas H. Bayly, Executrix & Executor of this my last will &
testament, & I direct that they shall give no bond for the Executorship,
no make any appraisment without they see proper so to do~ In
Witness whereof, I do hereunto set my hand, & affix my seal this 9th
day of March 1828~ All of which is written in my own hand & needs
no witnesses~ Thomas M. Bayly~ [Seal]
At a court held for the County of Accomack, at the Court-
House thereof, on Monday the 27th day of January 1834, this paper pur
porting to be the last will & testament of Thom M. Baily decd was
presented in Court, by Jane O. Bayly the widow of sd Thomas O. Bayly
in an envelope sealed up & endorsed "Thomas M. Bayly's Will" & Then
being no subscribing witnesses to said will, Thomas R. Joynes, John G.
Joynes & George P. Scarburgh - made both, that they were well acquaint
ed with the hand writing of the said Thomas M. Bayly, having fre
quently seen him write, & that they believe that the whole of the
said will & the signature of the name of Thomas M. Bayly thereto
& also the endorsement "Thomas M. Bayly's will" on the envelope to
be wholly in the hand writing of the said Thomas M. Bayly, & the said
will is thereupon considered to be sufficiently proved, & is ordered to be
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 51)
Description
[page 51]
[corresponds to labeled page 6 of Will Records Vol. 2 - 1835-1850]
6
recorded, & the said Thomas M. Bayly having directed, that the Executors
named in said will, shall give no security for such Executorship~ On
motion of Jane O. Bayly, & Thomas H. Bayly, Executrix & Executor there
in named, who themselves entered into Bond in the penalty of two
hundred thousand dollars without security, conditioned according to law,
& who took the oath prescribed by law, certificate is granted the said Jane
O. Bayly & Thomas H. Bayly for obtaining a probate thereof in due form~
Testi~ Tho. R. Joynes C.A.C~
A true Copy~ Testi~ Tho. R. Joynes C.A.C~
State of Virginia, Accomack County, ss~ I, Thomas R. Joynes Clerk
of the County Court of Accomack, in the state aforesaid, do hereby, certify,
that the foregoing Will & probate is truly copied from the records of the
said court~ In testimony whereof, I have hereunto set my hand
{Seal} & affixed the seal of said Court, this Thirty first day of May 1834, &
in the 58th year of the Commonwealth~ Tho. R. Joynes C.A.C.~
State of Virginia, Accomack County, to wit~ I, William Parramon
Senr presiding justice of the Court of Accomack, in the State aforesaid
do hereby certify, that the attestation hereto annexed, made by Thomas
R. Joynes Clerk of the said Court, is in due form, & by the proper
officer appointed by the laws of the said State for that purpose, & that
full faith & credit is due thereto, in every Court or office in the United
States~ Given under my hand, at the County of Accomack in the
State of Virginia aforesaid, this thirty first day of May in the year
of our Lord, Anno Domini, One thousand eight hundred & thirty four &
of the Independence of the United States The fifty eighth~
William Parramon Ser ~~
State of Virginia, Accomack County, to wit~ I, Thomas R. Joynes Clerk
of the County Court of Accomack in the State aforesaid, do hereby certify
that William Parramore Senr whose certificate is hereto annexed, is
presiding justice of the Court of the said County of Accomack, in the
State of Virginia, duly commissioned & qualified to the said office
according to the Constitution & laws of the said State~ Given
[seal} under my hand, & the seal of my office, this 31st day of
May 1834, & in the 58th year of the Commonwealth~
Tho. R. Joynes C.A.C.
Recorded the foregoing authenticated copy of will June 20th 1835.
Attest. T. Reynolds Clerk
[corresponds to labeled page 6 of Will Records Vol. 2 - 1835-1850]
6
recorded, & the said Thomas M. Bayly having directed, that the Executors
named in said will, shall give no security for such Executorship~ On
motion of Jane O. Bayly, & Thomas H. Bayly, Executrix & Executor there
in named, who themselves entered into Bond in the penalty of two
hundred thousand dollars without security, conditioned according to law,
& who took the oath prescribed by law, certificate is granted the said Jane
O. Bayly & Thomas H. Bayly for obtaining a probate thereof in due form~
Testi~ Tho. R. Joynes C.A.C~
A true Copy~ Testi~ Tho. R. Joynes C.A.C~
State of Virginia, Accomack County, ss~ I, Thomas R. Joynes Clerk
of the County Court of Accomack, in the state aforesaid, do hereby, certify,
that the foregoing Will & probate is truly copied from the records of the
said court~ In testimony whereof, I have hereunto set my hand
{Seal} & affixed the seal of said Court, this Thirty first day of May 1834, &
in the 58th year of the Commonwealth~ Tho. R. Joynes C.A.C.~
State of Virginia, Accomack County, to wit~ I, William Parramon
Senr presiding justice of the Court of Accomack, in the State aforesaid
do hereby certify, that the attestation hereto annexed, made by Thomas
R. Joynes Clerk of the said Court, is in due form, & by the proper
officer appointed by the laws of the said State for that purpose, & that
full faith & credit is due thereto, in every Court or office in the United
States~ Given under my hand, at the County of Accomack in the
State of Virginia aforesaid, this thirty first day of May in the year
of our Lord, Anno Domini, One thousand eight hundred & thirty four &
of the Independence of the United States The fifty eighth~
William Parramon Ser ~~
State of Virginia, Accomack County, to wit~ I, Thomas R. Joynes Clerk
of the County Court of Accomack in the State aforesaid, do hereby certify
that William Parramore Senr whose certificate is hereto annexed, is
presiding justice of the Court of the said County of Accomack, in the
State of Virginia, duly commissioned & qualified to the said office
according to the Constitution & laws of the said State~ Given
[seal} under my hand, & the seal of my office, this 31st day of
May 1834, & in the 58th year of the Commonwealth~
Tho. R. Joynes C.A.C.
Recorded the foregoing authenticated copy of will June 20th 1835.
Attest. T. Reynolds Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 52)
Description
[page 52]
[corresponds to labeled page 7 of Will Records Vol. 2 - 1835-1850]
7
Pleas held at the Court House in Delaware, on the 12th day of June A.D,
1835. before the Honr Joseph R. Swan, President. & William S. Drake, Hosea
Williams & Ezra Griswold Esqre his associates, Judges of the Court of Com
mon Pleas, in & for the County of Delaware, in the State of Ohio~
This day the last will & testament of Esbon Husted decd was produced in
Open Court, & proved by the testimony of S. Finch & Forrest Meeker Jr. two of
the subscribing witnesses thereto as reduced to writing, approved & ordered
to be recorded~ And thereupon on motion of Sardis Birchard and
Sylvester Latimer the Executors in said Will named, it is ordered, that
letters testamentary be granted them, on their entering into bonds in
the sum of twenty thousand dollars with William Little & Forrest
Meeker Served as security~ And it is further ordered, that Thomas
Wasson, Anthony Walker & Samuel Rheem appraise the personal
property of said estate~
I, Esbon Husted, of Delaware, Ohio do make & publish this my last will &
testament in manner & form following, to wit~ 1st It is my will that
my funeral expenses & all my just debts be fully paid~ 2d I give &
devise to my wife Clarissa three hundred dollars for the support of herself &
our children for one year from & after my decease~ I, also, give & devise unto
my wife Clarissa absolutely all of my household furniture, farming utensils,
cattle, horses, sleigh, waggon & harness ect~ 3d I give, devise & bequeath
unto my wife clarissa one third of all my remaining property during her
natural life, & it is my will that at her death, it be equally divided among
my children or the survivor, or survivors of them~ 4th It is my
will, that my wife Clarissa build a comfortable & convenient house on
the West half of In lot sixty two in the town of Delaware O. out of the
property herein devised to her, as soon after my decease as convenient, for
a dwelling house for herself & my children, & I hereby devise to her for
that purpose said half lot, during her life & remainder to my children~
5th I, give & devise to my three children Highland, Eunice & Esbon
the remaining two thirds of my property personal & real, not otherwise
herein before disposed of, & it is my will, that my executors herein after
named, shall invest, that portion of the last named two thirds of my
estate, which consists of personal property in such stock or stocks as my
executors shall think best~ The dividends arising from the same to be
also invested in stock as they shall accrue except such portions of said
dividends, or stock as may be required to support & educate my children
as hereinafter provided, & it is my will, that my wife Clarissa have the
care & guardianship of my children for the purpose of bringing up &
[corresponds to labeled page 7 of Will Records Vol. 2 - 1835-1850]
7
Pleas held at the Court House in Delaware, on the 12th day of June A.D,
1835. before the Honr Joseph R. Swan, President. & William S. Drake, Hosea
Williams & Ezra Griswold Esqre his associates, Judges of the Court of Com
mon Pleas, in & for the County of Delaware, in the State of Ohio~
This day the last will & testament of Esbon Husted decd was produced in
Open Court, & proved by the testimony of S. Finch & Forrest Meeker Jr. two of
the subscribing witnesses thereto as reduced to writing, approved & ordered
to be recorded~ And thereupon on motion of Sardis Birchard and
Sylvester Latimer the Executors in said Will named, it is ordered, that
letters testamentary be granted them, on their entering into bonds in
the sum of twenty thousand dollars with William Little & Forrest
Meeker Served as security~ And it is further ordered, that Thomas
Wasson, Anthony Walker & Samuel Rheem appraise the personal
property of said estate~
I, Esbon Husted, of Delaware, Ohio do make & publish this my last will &
testament in manner & form following, to wit~ 1st It is my will that
my funeral expenses & all my just debts be fully paid~ 2d I give &
devise to my wife Clarissa three hundred dollars for the support of herself &
our children for one year from & after my decease~ I, also, give & devise unto
my wife Clarissa absolutely all of my household furniture, farming utensils,
cattle, horses, sleigh, waggon & harness ect~ 3d I give, devise & bequeath
unto my wife clarissa one third of all my remaining property during her
natural life, & it is my will that at her death, it be equally divided among
my children or the survivor, or survivors of them~ 4th It is my
will, that my wife Clarissa build a comfortable & convenient house on
the West half of In lot sixty two in the town of Delaware O. out of the
property herein devised to her, as soon after my decease as convenient, for
a dwelling house for herself & my children, & I hereby devise to her for
that purpose said half lot, during her life & remainder to my children~
5th I, give & devise to my three children Highland, Eunice & Esbon
the remaining two thirds of my property personal & real, not otherwise
herein before disposed of, & it is my will, that my executors herein after
named, shall invest, that portion of the last named two thirds of my
estate, which consists of personal property in such stock or stocks as my
executors shall think best~ The dividends arising from the same to be
also invested in stock as they shall accrue except such portions of said
dividends, or stock as may be required to support & educate my children
as hereinafter provided, & it is my will, that my wife Clarissa have the
care & guardianship of my children for the purpose of bringing up &
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 53)
Description
[page 53]
[corresponds to labeled page 8 of Will Records Vol. 2 - 1835-1850]
8
educating them, & that my executors pay to her for that purpose two
hundred dollars per annum out of the personal property herein
devised to my children, commencing one year from my decease, and
continuing till my eldest son shall be fitted for college, & that then my
executors out of the same fund appropriate to the purpose of finishing
his education, at such college as my wife & executors shall think best, six
hundred & fifty dollars, & from the time, that my eldest son Highland
commences his collegiate education till my daughter Eunice shall arrive
at the age of fifteen years, it is my will, that, my executors out of the
same fund pay to my wife one hundred & thirty three dollars annually
for the support & education of my said daughter Eunice & my son Esbon
& that then my executors appropriate three hundred dollars out of the
same fund for finishing the education of my said daughter at such
school or seminary as my wife & executors shall think best, & that from the time that
my said daughter, shall arrive at the age of fifteen years till my youngest
son Esbon shall be fitted for college, it is my will, that my executors pay
to my wife for the support & education of my said youngest son sixty seven
dollars annually, & that then my executors, appropriate from the same
fund six hundred & fifty dollars for the purpose of defraying the expenses
of a collegiate education of my said son Esbon in the same manner
as I have provided for my eldest son~ 6th It is my will, that
all my property herein devised to my children, after such appropriations
as are herein before provided for have been deducted, be equally divided
among my said three children, as they shall respectively come of age~
7th It is my will, in case all my children should die before any of them
should arrive at the age of Majority, & before any of them should have lawful
issue, that my wife Clarissa should have half of all my property to her
self & heirs forever, & out of the remaining half I will that the children of my
wife's brother's & sister's shall have each one hundred dollars & the remain
der of said half, I will to be divided into two equal portions, the one of
which to be appropriated towards the support of a classical school in
Delaware O. under the direction & control of the Episcopal Clergyman
of said town for the time being, & the other to the support of similar
school in Lower Sandusky O. under the direction & control of the
Presbyterian Clergyman in said last named town~ And lastly,
I, hereby constitute & appoint Sardis Birchard of Lower Sandusky and
Sylvester Latimer of Delaware to be the executors of this my last will &
testament revoking & annulling all former wills by me made and
ratifying this & no other to be my last will & testament~ In testimony
whereof, I have hereunto set my hand & seal, this 20 day of May 1835~
Signed, published & declared by the Esbon Husted [Seal]
[corresponds to labeled page 8 of Will Records Vol. 2 - 1835-1850]
8
educating them, & that my executors pay to her for that purpose two
hundred dollars per annum out of the personal property herein
devised to my children, commencing one year from my decease, and
continuing till my eldest son shall be fitted for college, & that then my
executors out of the same fund appropriate to the purpose of finishing
his education, at such college as my wife & executors shall think best, six
hundred & fifty dollars, & from the time, that my eldest son Highland
commences his collegiate education till my daughter Eunice shall arrive
at the age of fifteen years, it is my will, that, my executors out of the
same fund pay to my wife one hundred & thirty three dollars annually
for the support & education of my said daughter Eunice & my son Esbon
& that then my executors appropriate three hundred dollars out of the
same fund for finishing the education of my said daughter at such
school or seminary as my wife & executors shall think best, & that from the time that
my said daughter, shall arrive at the age of fifteen years till my youngest
son Esbon shall be fitted for college, it is my will, that my executors pay
to my wife for the support & education of my said youngest son sixty seven
dollars annually, & that then my executors, appropriate from the same
fund six hundred & fifty dollars for the purpose of defraying the expenses
of a collegiate education of my said son Esbon in the same manner
as I have provided for my eldest son~ 6th It is my will, that
all my property herein devised to my children, after such appropriations
as are herein before provided for have been deducted, be equally divided
among my said three children, as they shall respectively come of age~
7th It is my will, in case all my children should die before any of them
should arrive at the age of Majority, & before any of them should have lawful
issue, that my wife Clarissa should have half of all my property to her
self & heirs forever, & out of the remaining half I will that the children of my
wife's brother's & sister's shall have each one hundred dollars & the remain
der of said half, I will to be divided into two equal portions, the one of
which to be appropriated towards the support of a classical school in
Delaware O. under the direction & control of the Episcopal Clergyman
of said town for the time being, & the other to the support of similar
school in Lower Sandusky O. under the direction & control of the
Presbyterian Clergyman in said last named town~ And lastly,
I, hereby constitute & appoint Sardis Birchard of Lower Sandusky and
Sylvester Latimer of Delaware to be the executors of this my last will &
testament revoking & annulling all former wills by me made and
ratifying this & no other to be my last will & testament~ In testimony
whereof, I have hereunto set my hand & seal, this 20 day of May 1835~
Signed, published & declared by the Esbon Husted [Seal]
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 54)
Description
[page 54]
[corresponds to labeled page 9 of Will Records Vol. 2 - 1835-1850]
9
above named Esbon Husted, as & for his last will & testament, in
presence of us, who at his request have signed as witnesses to the same
S. Finch~ James Westerfield~
Forrest Meeker Jr.~
State of Ohio, Delaware County, Ss~
S. Finch & Forrest Meeker Jr. being duly sworn depose & say that the
attached will & testament was signed & sealed in their presence & that
they in his presence, & at his desire signed the same as witnesses, &
further say, that the testator Esbon Husted did in their hearing
declare the said instrument to be his last will & testament~
S. Finch~
F. Meeker Jr.~
Subscribed & sworn to in Open Court, June 12th 1835~
T. Reynolds Clerk~
Recorded the foregoing will ect. June 22d 1835~
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 16th day
of June A.D. 1835, before the Honr Joseph R. Swan, President &
William S. Drake, Hosea Williams & Ezra Griswold Esqr his Associates
Judges of the Court of Common Pleas, in & for the County of
Delaware, in the State of Ohio~
This day the last will &
testament of John Minter decd was produced in Open Court & proved
by the testimony of William Little & Solomon Smith two of the sub-
scribing witnesses thereto, together with that of Leonard H. Cowles, as
reduced to writing, approved & ordered to be recorded~ And thereupon
on motion of Lucy Wasson, late Lucy Minter, one of the executrix
is in said Will named (the other executrix named residing without
the state) It is ordered, that letters testamentary be granted her, upon
her & her husband William Wasson entering into bonds in the sum
of five hundred dollars, with Thomas Wasson & John F. Dunlap
as security~ And it is further ordered, that James R. McKinnie
William Boyd, & John N. Cox appraise the personal property of
said estate~
I, John Minter of the Township of Radnor in the County of
Delaware in the State of Ohio, now in good health of body & of
sound mind & memory being desirous of settling my worldly~
affairs while I have strength & capacity, do make & publish this my
last will & testament. In the first place my will is that all
[corresponds to labeled page 9 of Will Records Vol. 2 - 1835-1850]
9
above named Esbon Husted, as & for his last will & testament, in
presence of us, who at his request have signed as witnesses to the same
S. Finch~ James Westerfield~
Forrest Meeker Jr.~
State of Ohio, Delaware County, Ss~
S. Finch & Forrest Meeker Jr. being duly sworn depose & say that the
attached will & testament was signed & sealed in their presence & that
they in his presence, & at his desire signed the same as witnesses, &
further say, that the testator Esbon Husted did in their hearing
declare the said instrument to be his last will & testament~
S. Finch~
F. Meeker Jr.~
Subscribed & sworn to in Open Court, June 12th 1835~
T. Reynolds Clerk~
Recorded the foregoing will ect. June 22d 1835~
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 16th day
of June A.D. 1835, before the Honr Joseph R. Swan, President &
William S. Drake, Hosea Williams & Ezra Griswold Esqr his Associates
Judges of the Court of Common Pleas, in & for the County of
Delaware, in the State of Ohio~
This day the last will &
testament of John Minter decd was produced in Open Court & proved
by the testimony of William Little & Solomon Smith two of the sub-
scribing witnesses thereto, together with that of Leonard H. Cowles, as
reduced to writing, approved & ordered to be recorded~ And thereupon
on motion of Lucy Wasson, late Lucy Minter, one of the executrix
is in said Will named (the other executrix named residing without
the state) It is ordered, that letters testamentary be granted her, upon
her & her husband William Wasson entering into bonds in the sum
of five hundred dollars, with Thomas Wasson & John F. Dunlap
as security~ And it is further ordered, that James R. McKinnie
William Boyd, & John N. Cox appraise the personal property of
said estate~
I, John Minter of the Township of Radnor in the County of
Delaware in the State of Ohio, now in good health of body & of
sound mind & memory being desirous of settling my worldly~
affairs while I have strength & capacity, do make & publish this my
last will & testament. In the first place my will is that all
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 55)
Description
[page 55]
[corresponds to labeled page 10 of Will Records Vol. 2 - 1835-1850]
10
my just debts be speedily paid Secondly, Sarah McCollum,
William Minter, John Minter, Valentine Minter, Mary Armstrong, &
Effie Dildim all children & lawful heirs, having received their full
shares & separate portions in advancement, my will is, & accordingly
I give & bequeath to Elizabeth Minter, Peggy Minter, Lucy Minter &
Nancy Minter my four remaining children & lawful heirs being un
provided for, all the property which I shall die possessed of, it being personal
property, to have & to enjoy immediately after my decease of my wife,
should she survive me, to be equally divided between them in the
manner following, to wit; each of them is to take to themselves, their
beds, saddles & other articles which they have acquired for themselves and
claim as their own property, the ballance of the property is to be appraised
& divided by three judicious & disinterested men to be selected & agreed upon
by the four, equally between them, or to be put to sale, & the avails thereof
to be divided equally betwen them as my executors herein after named,
shall think proper~ Thirdly, my will is, that Nancy my
youngest daughter being unfortunate & incapable of managing for
herself, Lucy shall receive her share which shall belong to the said
Nancy & hold the same, for the sole use & benefit of her the said Nancy
for her support & maintenance~ Fourthly~ I have nominated &
appointed, & by these presents, do nominate & appoint my two daughters
Peggy & Lucy executors of this my last will & testament~ In witness
whereof, I, John Minter have hereunto set my hand & seal, this fourteenth
day of April in the year of our Lord, one thousand eight hundred and
twenty seven~
Signed, sealed, published & declared by the John Minter {Seal}
above named, John Minter to be his
last will & testament in the presence of us, who have subscribed our
names as witnesses, in the presence of the testator~
Nancy Cowles~ William Little~
Solomon Smith~
State of Ohio, Delaware County, Ss~
On this 16th day of June 1835, personally appeared in Open Court of
Delaware Com. Pleas, William Little, who being sworn made solemn
oath, that the instrument hereto attached purporting to be the will of
John Minter, was duly executed by said Minter on or about the date
thereof.~ That said Minter was at the time of executing the same
of full age, of sound mind & memory; nor was he as deponent believes under
any restraint~ said will was executed in my presence, & I subscribe in presence
of said testator~ Wm Little~
Subscribed & sworn to in Open Court~ T. Reynolds Clerk~.
[corresponds to labeled page 10 of Will Records Vol. 2 - 1835-1850]
10
my just debts be speedily paid Secondly, Sarah McCollum,
William Minter, John Minter, Valentine Minter, Mary Armstrong, &
Effie Dildim all children & lawful heirs, having received their full
shares & separate portions in advancement, my will is, & accordingly
I give & bequeath to Elizabeth Minter, Peggy Minter, Lucy Minter &
Nancy Minter my four remaining children & lawful heirs being un
provided for, all the property which I shall die possessed of, it being personal
property, to have & to enjoy immediately after my decease of my wife,
should she survive me, to be equally divided between them in the
manner following, to wit; each of them is to take to themselves, their
beds, saddles & other articles which they have acquired for themselves and
claim as their own property, the ballance of the property is to be appraised
& divided by three judicious & disinterested men to be selected & agreed upon
by the four, equally between them, or to be put to sale, & the avails thereof
to be divided equally betwen them as my executors herein after named,
shall think proper~ Thirdly, my will is, that Nancy my
youngest daughter being unfortunate & incapable of managing for
herself, Lucy shall receive her share which shall belong to the said
Nancy & hold the same, for the sole use & benefit of her the said Nancy
for her support & maintenance~ Fourthly~ I have nominated &
appointed, & by these presents, do nominate & appoint my two daughters
Peggy & Lucy executors of this my last will & testament~ In witness
whereof, I, John Minter have hereunto set my hand & seal, this fourteenth
day of April in the year of our Lord, one thousand eight hundred and
twenty seven~
Signed, sealed, published & declared by the John Minter {Seal}
above named, John Minter to be his
last will & testament in the presence of us, who have subscribed our
names as witnesses, in the presence of the testator~
Nancy Cowles~ William Little~
Solomon Smith~
State of Ohio, Delaware County, Ss~
On this 16th day of June 1835, personally appeared in Open Court of
Delaware Com. Pleas, William Little, who being sworn made solemn
oath, that the instrument hereto attached purporting to be the will of
John Minter, was duly executed by said Minter on or about the date
thereof.~ That said Minter was at the time of executing the same
of full age, of sound mind & memory; nor was he as deponent believes under
any restraint~ said will was executed in my presence, & I subscribe in presence
of said testator~ Wm Little~
Subscribed & sworn to in Open Court~ T. Reynolds Clerk~.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 56)
Description
[page 56]
[corresponds to labeled page 11 of Will Records Vol. 2 - 1835-1850]
11
State of Ohio, Delaware County, Ss~ Personally appeared also in
Open Court, Solomon Smith & makes solemn oath, that he subscribed
said will as a witness, but has forgotten further circumstances~
Solomon smith~
Subscribed & sworn to in Open Court~
T. Reynolds Clerk~
State of Ohio, Delaware County~ Personally appeared in Open Court,
Leonard H. Cowles, who being sworn in relation to the will of John
Minter hereto attached, makes oath, that he wrote said will for said
Minter, that said will was signed by said Minter in his presence and
acknowledged to be his signature in the presence of William Little,
Solomon Smith & Nancy Cowles, the attesting witnesses~
Leonard H. Cowles~
Subscribed & sworn to in Open Court,
June 16th 1835~ T. Reynolds Clerk~
Recorded the foregoing Will &c June 23d 1835~
Attest~ T. Reynolds Clerk~
Pleas held, at the Court-House in Delaware, on the 9th day
of November A.D. 1835, before the Honr Joseph R. Swan,
President, & William S. Drake, Hosea Williams & Ezra
Griswold Esqrs his Associates Judges of the Court of Common
Pleas, in & for the County of Delaware, in the State of
Ohio~
This day the last will & testament of John Adams
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing,
approved & ordered to be recorded. And thereupon on motion
of Hannah Adams & Silas Adams the executors in said will
named, it is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of one thou
sand dollars, with John Budd Jr. & John Adams 2d as
security~ And it is further ordered, that Harlow Allen,
William Larned & Daniel Bennet appraise the personal
property of said estate.
In the name of God; Amen~
I, John Adams of Harlem township, Delaware County &
State of Ohio, do make & publish this my last will & testa
ment in manner & form following, that is to say~ First~
It is my will, that my funeral expences & all my just debt
[corresponds to labeled page 11 of Will Records Vol. 2 - 1835-1850]
11
State of Ohio, Delaware County, Ss~ Personally appeared also in
Open Court, Solomon Smith & makes solemn oath, that he subscribed
said will as a witness, but has forgotten further circumstances~
Solomon smith~
Subscribed & sworn to in Open Court~
T. Reynolds Clerk~
State of Ohio, Delaware County~ Personally appeared in Open Court,
Leonard H. Cowles, who being sworn in relation to the will of John
Minter hereto attached, makes oath, that he wrote said will for said
Minter, that said will was signed by said Minter in his presence and
acknowledged to be his signature in the presence of William Little,
Solomon Smith & Nancy Cowles, the attesting witnesses~
Leonard H. Cowles~
Subscribed & sworn to in Open Court,
June 16th 1835~ T. Reynolds Clerk~
Recorded the foregoing Will &c June 23d 1835~
Attest~ T. Reynolds Clerk~
Pleas held, at the Court-House in Delaware, on the 9th day
of November A.D. 1835, before the Honr Joseph R. Swan,
President, & William S. Drake, Hosea Williams & Ezra
Griswold Esqrs his Associates Judges of the Court of Common
Pleas, in & for the County of Delaware, in the State of
Ohio~
This day the last will & testament of John Adams
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing,
approved & ordered to be recorded. And thereupon on motion
of Hannah Adams & Silas Adams the executors in said will
named, it is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of one thou
sand dollars, with John Budd Jr. & John Adams 2d as
security~ And it is further ordered, that Harlow Allen,
William Larned & Daniel Bennet appraise the personal
property of said estate.
In the name of God; Amen~
I, John Adams of Harlem township, Delaware County &
State of Ohio, do make & publish this my last will & testa
ment in manner & form following, that is to say~ First~
It is my will, that my funeral expences & all my just debt
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 57)
Description
[page 57]
[corresponds to labeled page 12 of Will Records Vol. 2 - 1835-1850]
12
be fully paid~ Second, I give & bequeath to my beloved wife
Hannah Adams the use & benefit of the one third part of all
my estate both real & personal during her natural life, &
I also give & bequeath to her all my Household furniture
now in my possession.
Third, I give & bequeath to my eldest son Silas Adams the
farm on which my Mother, Elizabeth Adams now resides,
& it is my wish to request, that he my said son Silas shall take
care of & provided for my said Mother during her natural life~
Fourth~ I give & bequeath to my two sons George Adams &
John Quincy Adams the farm whereon I now reside to be
equally divided betwen them. The rest & residue of my
personal property, I wish to have divided among my five
daughters (viz) Polly Adams, Betsy Ann Adams, Lucy Adams
Margery Ann Adams & Evoline Adams in manner fol
lowing, to wit; I wish after giving each of my four younger
daughters the same amount as near as can be, that my eldest
daughter Polly has already received, then I wish to have the
remainder equally divided among the five before mentioned~
And lastly, I hereby constitute & appoint my said Wife, Hannah
Adams, & my said son Silas Adams to be the Executors of this
my last will & testament~ In testimony whereof, I have
hereunto set my hand & seal this first day of September one
thousand eight hundred & thirty five~ his
Signed, published & declared by the John X Adams {Seal}
above named John Adams as & mark
for his last will & testament in presence of us, who at his request
have signed as witnesses to the same~
John Adams 2d~ Wm Learned~ John Budd Jr~
State of Ohio, Delaware County Ss
Personally appeared in open Court, John Adams, John Budd
Jr. & William Learned, who being duly sworn depose & say that
the testator in their presence & that they were called to witness
the same; that they signed it as witnesses, in the presence of
the testator, & in the presence of each other; that the testator
at the time of executing the same was at the least of the age
of forty years, that he was of sound mind & memory, &
that he was under no restraint~ John Adams 2d
Subscribed & sworn to in open Court, John Budd Jr.
on Novr 9th 1835~ T. Reynolds Clerk~ Wm Learned~
[corresponds to labeled page 12 of Will Records Vol. 2 - 1835-1850]
12
be fully paid~ Second, I give & bequeath to my beloved wife
Hannah Adams the use & benefit of the one third part of all
my estate both real & personal during her natural life, &
I also give & bequeath to her all my Household furniture
now in my possession.
Third, I give & bequeath to my eldest son Silas Adams the
farm on which my Mother, Elizabeth Adams now resides,
& it is my wish to request, that he my said son Silas shall take
care of & provided for my said Mother during her natural life~
Fourth~ I give & bequeath to my two sons George Adams &
John Quincy Adams the farm whereon I now reside to be
equally divided betwen them. The rest & residue of my
personal property, I wish to have divided among my five
daughters (viz) Polly Adams, Betsy Ann Adams, Lucy Adams
Margery Ann Adams & Evoline Adams in manner fol
lowing, to wit; I wish after giving each of my four younger
daughters the same amount as near as can be, that my eldest
daughter Polly has already received, then I wish to have the
remainder equally divided among the five before mentioned~
And lastly, I hereby constitute & appoint my said Wife, Hannah
Adams, & my said son Silas Adams to be the Executors of this
my last will & testament~ In testimony whereof, I have
hereunto set my hand & seal this first day of September one
thousand eight hundred & thirty five~ his
Signed, published & declared by the John X Adams {Seal}
above named John Adams as & mark
for his last will & testament in presence of us, who at his request
have signed as witnesses to the same~
John Adams 2d~ Wm Learned~ John Budd Jr~
State of Ohio, Delaware County Ss
Personally appeared in open Court, John Adams, John Budd
Jr. & William Learned, who being duly sworn depose & say that
the testator in their presence & that they were called to witness
the same; that they signed it as witnesses, in the presence of
the testator, & in the presence of each other; that the testator
at the time of executing the same was at the least of the age
of forty years, that he was of sound mind & memory, &
that he was under no restraint~ John Adams 2d
Subscribed & sworn to in open Court, John Budd Jr.
on Novr 9th 1835~ T. Reynolds Clerk~ Wm Learned~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 58)
Description
[page 58]
[corresponds to labeled page 13 of Will Records Vol. 2 - 1835-1850]
13
Recorded the foregoing Will on Novr 18th 1835
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 9th
day of Nov A.D. 1835, before the Honr Joseph R. Swan. Presi
dent, & William S. Drake, Hosea Williams & Ezra Griswold
Esqrs his Associates, Judges of the Court of Common Pleas,
in & for the County of Delaware, in the State of Ohio~
This day the last will & testament of William Gale decd
was produced in Open Court, & proved by the testimony
of the subscribing witnesses thereto, as reduced to writing,
approved, & ordered to be recorded~ And thereupon, on motion
of Andrew Heron & Polly Gale the executors in said will
named, it is ordered, that letters testamentary be granted
them, upon their entering into bonds, in the sum of
$1500.00 with Thomas Perfect & Silas Ogden as security~
And it is further ordered, that John H. Doty, John Hanville
& Azzel Pierce appraise the personal property of said
estate~
In the manner of God; Amen~ I, William Gale
of the township of Trenton, County of Delaware & State
of Ohio, do make, publish & delcare this my last Will &
testament in manner & form following, viz: I commit
my body to the dust from whence it came, & my soul to
the mercy of God my Saviour. It is my will that
all my demands against others be collected, & all my debts
paid. It is my will that my wives Mother shall
have a comfortable support out of my estate as long as she
named Sibbel Orton shall live. It is my will that
thirty dollars be paid to my son David, though a minor
for his own use. It is my will further, that
my wife Polly be, & I hereby appoint her to be the guardi
an of my children, viz: of David the son of my 1st wife
Mahela & Emily children of my 2d wife, & Chloe the child
of herself, my 3d wife, & for the purpose of supporting
herself & her mother & for supporting
& educating my said children & in the room of dowry &
other allowances, to which by law she would otherwise be
entitled, it is my will that she my said wife Polly have
the use of all my real estate & the interest of all my person
al estate, & if necessary as much of the principal of said
[corresponds to labeled page 13 of Will Records Vol. 2 - 1835-1850]
13
Recorded the foregoing Will on Novr 18th 1835
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 9th
day of Nov A.D. 1835, before the Honr Joseph R. Swan. Presi
dent, & William S. Drake, Hosea Williams & Ezra Griswold
Esqrs his Associates, Judges of the Court of Common Pleas,
in & for the County of Delaware, in the State of Ohio~
This day the last will & testament of William Gale decd
was produced in Open Court, & proved by the testimony
of the subscribing witnesses thereto, as reduced to writing,
approved, & ordered to be recorded~ And thereupon, on motion
of Andrew Heron & Polly Gale the executors in said will
named, it is ordered, that letters testamentary be granted
them, upon their entering into bonds, in the sum of
$1500.00 with Thomas Perfect & Silas Ogden as security~
And it is further ordered, that John H. Doty, John Hanville
& Azzel Pierce appraise the personal property of said
estate~
In the manner of God; Amen~ I, William Gale
of the township of Trenton, County of Delaware & State
of Ohio, do make, publish & delcare this my last Will &
testament in manner & form following, viz: I commit
my body to the dust from whence it came, & my soul to
the mercy of God my Saviour. It is my will that
all my demands against others be collected, & all my debts
paid. It is my will that my wives Mother shall
have a comfortable support out of my estate as long as she
named Sibbel Orton shall live. It is my will that
thirty dollars be paid to my son David, though a minor
for his own use. It is my will further, that
my wife Polly be, & I hereby appoint her to be the guardi
an of my children, viz: of David the son of my 1st wife
Mahela & Emily children of my 2d wife, & Chloe the child
of herself, my 3d wife, & for the purpose of supporting
herself & her mother & for supporting
& educating my said children & in the room of dowry &
other allowances, to which by law she would otherwise be
entitled, it is my will that she my said wife Polly have
the use of all my real estate & the interest of all my person
al estate, & if necessary as much of the principal of said
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 59)
Description
[page 59]
[corresponds to labeled page 14 of Will Records Vol. 2 - 1835-1850]
14
personal estate as said necessity shall require as long as she shall live,
& if she should die during the minority of my children, in that case
my will is, that my brother Richard shall succeed her in their guardian
ship, & if my said wife Polly shall die before her said mother Sibbel Orton
then so much of my estate as shall be necessary shall be retained to secure
her said mothers comfortable support during life, & the remainder equally
divided among my before mentioned children, & if any one of my
children should die before receiving his or her share, then said share
shall be paid to his or her heirs, if any there be, but if there be no heirs,
then said share shall be equally divided among my surviving children.
And if at the death of the aforesaid Sibbel Orton the sum retained for her
support shall not be all expended the remainder thereof shall be divided
among my children as above mentioned to them or to their heirs. and
further if any one of my said children shall become of age & my said
wife Polly should think it expedient so to do, she may pay to such
child any sum not exceeding the share of such child out of my estate~
And I make & ordain my wife Polly Gale executrix & Andrew Heron
of the township, county & state aforesaid executor of this my last will &
testament~ Given under my hand & seal this 13th day of Sept 1835~
in Trenton, Delaware County & State of Ohio~
Attested~ Thomas Perfect William Gale {Seal}
Reuben Perfect~
State of Ohio, Delaware County, Ss~
On this 9th day of Novr 1835, personally appeared in open Court,
Thomas Perfect & Reuben Perfect, who being duly sworn depose &
say, that the above mentioned instrument purporting to be the last
will & testament of William Gale was duly executed as it purports to
have been, by said william Gale, in our presence~ We saw the said
testator subscribe his name, at the time of the date thereof~ We
believe said testator was of sound mind & memory at the time of sub
scribing, of full age, & under no restraint~ Testator acknowledges said
will to be his last will & testament~ Thomas Perfect~
Reuben Perfect~
Subscribed, & sworn to in open Court,
Novr 9th 1835~ T. Reynolds Clerk~
Recorded the foregoing Will &c Novr 19th 1835~
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 9th day of Novr
A.D. 1835, before the Honr Joseph R. Swan, President, & William S.
[corresponds to labeled page 14 of Will Records Vol. 2 - 1835-1850]
14
personal estate as said necessity shall require as long as she shall live,
& if she should die during the minority of my children, in that case
my will is, that my brother Richard shall succeed her in their guardian
ship, & if my said wife Polly shall die before her said mother Sibbel Orton
then so much of my estate as shall be necessary shall be retained to secure
her said mothers comfortable support during life, & the remainder equally
divided among my before mentioned children, & if any one of my
children should die before receiving his or her share, then said share
shall be paid to his or her heirs, if any there be, but if there be no heirs,
then said share shall be equally divided among my surviving children.
And if at the death of the aforesaid Sibbel Orton the sum retained for her
support shall not be all expended the remainder thereof shall be divided
among my children as above mentioned to them or to their heirs. and
further if any one of my said children shall become of age & my said
wife Polly should think it expedient so to do, she may pay to such
child any sum not exceeding the share of such child out of my estate~
And I make & ordain my wife Polly Gale executrix & Andrew Heron
of the township, county & state aforesaid executor of this my last will &
testament~ Given under my hand & seal this 13th day of Sept 1835~
in Trenton, Delaware County & State of Ohio~
Attested~ Thomas Perfect William Gale {Seal}
Reuben Perfect~
State of Ohio, Delaware County, Ss~
On this 9th day of Novr 1835, personally appeared in open Court,
Thomas Perfect & Reuben Perfect, who being duly sworn depose &
say, that the above mentioned instrument purporting to be the last
will & testament of William Gale was duly executed as it purports to
have been, by said william Gale, in our presence~ We saw the said
testator subscribe his name, at the time of the date thereof~ We
believe said testator was of sound mind & memory at the time of sub
scribing, of full age, & under no restraint~ Testator acknowledges said
will to be his last will & testament~ Thomas Perfect~
Reuben Perfect~
Subscribed, & sworn to in open Court,
Novr 9th 1835~ T. Reynolds Clerk~
Recorded the foregoing Will &c Novr 19th 1835~
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 9th day of Novr
A.D. 1835, before the Honr Joseph R. Swan, President, & William S.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 60)
Description
[page 60]
[corresponds to labeled page 15 of Will Records Vol. 2 - 1835-1850]
15
Drake, Hosea Williams & Ezra Griswold Esqrs his Associates, Judg
es of the Court of Common Pleas, in & for the County of Dela
ware, in the State of Ohio~
This day the last will & testament of
Samuel Chamberlin decd was produced in open Court, & proved
by the testimony of the subscribing witnesses thereto as reduced to
writing, approved, & ordered to be recorded; and thereupon on motion
of Elizabeth Chamberlin the executrix in said Will named, it is
ordered that letters testamentary be granted her, upon her entering
into bonds in the sum of one thousand five hundred dollars, with
David Cook & Lester Bartlet as security~ And it is further ordered,
that Timothy Aldrich, Anson Wood & John W. Place appraise the
personal property of said estate~
I Samuel Chamberlin of the County of Delaware in the State
of Ohio, do make & publish this my last will & testament in man
ner & form following, that is to say~ First~ that my funeral
expences & just debts be fully paid. Second~ I give devise & bequeath
to my wife Elizabeth Chamberlin all my estate both real &
personal, except the legacies hereafter mentioned. Third, I give &
bequeath to my son Samuel Chamberlin one hundred & fifty
dollars in land, to be appraised by chosen men. Fourth, I give to
my son Timothy Chamberlin one hundred & fifty dollars in land
to be appraised by chosen men. Fifth, I give & bequeath to my
daughter Sarah Hodges one hundred & fifty dollars in land or
personal property, at the valuation of chosen men. Sixth, I
give & bequeath to Elizabeth Cowls, Rebecca Fobe, Mary Hodges,
Margaret Rogers & Lucy Cambeel one dollar each. And lastly,
I hereby constitute & appoint my said wife, Elizabeth Chamberlin
to be the executor for this my last will & testament by me made &
ratifying & confirming this & no other to be my last will & testament.
In testimony whereof, I have hereunto set my hand this 4th day of
September 1835~ Samuel Chamberlin~
Signed, published & declared by the above
named Samuel Chamberlin as & for his last will & testament in pres
ence of us, who at his request, have signed as witnesses to the same~
David Cook~ Lester Bartlett~
State of Ohio, Delaware County, Ss~
Personally appeared in open Court David Cook & Lester Bartlett,
who being duly sworn, depose & say, that the will hereto attached
was duly executed by Samuel Chamberlin the testator in their
[corresponds to labeled page 15 of Will Records Vol. 2 - 1835-1850]
15
Drake, Hosea Williams & Ezra Griswold Esqrs his Associates, Judg
es of the Court of Common Pleas, in & for the County of Dela
ware, in the State of Ohio~
This day the last will & testament of
Samuel Chamberlin decd was produced in open Court, & proved
by the testimony of the subscribing witnesses thereto as reduced to
writing, approved, & ordered to be recorded; and thereupon on motion
of Elizabeth Chamberlin the executrix in said Will named, it is
ordered that letters testamentary be granted her, upon her entering
into bonds in the sum of one thousand five hundred dollars, with
David Cook & Lester Bartlet as security~ And it is further ordered,
that Timothy Aldrich, Anson Wood & John W. Place appraise the
personal property of said estate~
I Samuel Chamberlin of the County of Delaware in the State
of Ohio, do make & publish this my last will & testament in man
ner & form following, that is to say~ First~ that my funeral
expences & just debts be fully paid. Second~ I give devise & bequeath
to my wife Elizabeth Chamberlin all my estate both real &
personal, except the legacies hereafter mentioned. Third, I give &
bequeath to my son Samuel Chamberlin one hundred & fifty
dollars in land, to be appraised by chosen men. Fourth, I give to
my son Timothy Chamberlin one hundred & fifty dollars in land
to be appraised by chosen men. Fifth, I give & bequeath to my
daughter Sarah Hodges one hundred & fifty dollars in land or
personal property, at the valuation of chosen men. Sixth, I
give & bequeath to Elizabeth Cowls, Rebecca Fobe, Mary Hodges,
Margaret Rogers & Lucy Cambeel one dollar each. And lastly,
I hereby constitute & appoint my said wife, Elizabeth Chamberlin
to be the executor for this my last will & testament by me made &
ratifying & confirming this & no other to be my last will & testament.
In testimony whereof, I have hereunto set my hand this 4th day of
September 1835~ Samuel Chamberlin~
Signed, published & declared by the above
named Samuel Chamberlin as & for his last will & testament in pres
ence of us, who at his request, have signed as witnesses to the same~
David Cook~ Lester Bartlett~
State of Ohio, Delaware County, Ss~
Personally appeared in open Court David Cook & Lester Bartlett,
who being duly sworn, depose & say, that the will hereto attached
was duly executed by Samuel Chamberlin the testator in their
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 61)
Description
[page 61]
[corresponds to labeled page 16 of Will Records Vol. 2 - 1835-1850]
16
presence~ that they were called to witness the same~ that they signed
it as witnesses in the presence of the Testator & in the presence of each
other~ that the Testator, at the time of excuting the same was of
the age of sixty four years, that he was of sound mind & memory, &
that he was under no restraint~ Lester Bartlett~
David Cook~
Subscribed & sworn to in open Court
Novr 9th 1835~ T. Reynolds Clerk~
Recorded the foregoing Will &c Novr 19th 1835~
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 15th day of
Novr A.D. 1835, before the Honr Joseph R. Swan, President, & William
S. Drake, Hosea Williams & Ezra Griswold Esqrs his Associates, Judges
of the Court of Common Pleas, in & for the County of Delaware, in
the State of Ohio~
This day the last will & testament of Edward
Davis was produced in open Court, together with the desposition
of James Osborn, one of the witnesses thereto, taken before Morgan
Williams Esqr one of the Justices of the Peace of this County, who
was appointed commissioner for that purpose, on account that
the said Osborn was unable to attend Court, in Consequence of sick
ness. And the Court having examined the report of the said
Morgan Williams, & the desposition of the said Osborn now on file,
are satisfied therewith. And David Cadwallader the other witness
to said Will having appeared in open Court, was examined under
oath & his testimony reduced to writing & now on file; the Court
on consideration thereof, do approve of the same, & order the said
Will & testimony to be recorded.
I, Edward Davis of the County of Delaware, in the State of Ohio,
do make & publish this my last will & testament in manner &
form following, that is to say:~ First, it is my will that my
funeral expences & all my just debts be fully paid. Second, I
give, & devise, & bequeath to my beloved wife Laura Davis the plan
tation on which we now reside, situate in Delaware township
Delaware County, State of Ohio, containing thirty five acres, &
all the live stock, Horses, Cows, Hogs &c by me now owned & kept
thereon, also all the Household furniture & other items not
particularly named or disposed ^of in this will, she however first
[corresponds to labeled page 16 of Will Records Vol. 2 - 1835-1850]
16
presence~ that they were called to witness the same~ that they signed
it as witnesses in the presence of the Testator & in the presence of each
other~ that the Testator, at the time of excuting the same was of
the age of sixty four years, that he was of sound mind & memory, &
that he was under no restraint~ Lester Bartlett~
David Cook~
Subscribed & sworn to in open Court
Novr 9th 1835~ T. Reynolds Clerk~
Recorded the foregoing Will &c Novr 19th 1835~
Attest~ T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 15th day of
Novr A.D. 1835, before the Honr Joseph R. Swan, President, & William
S. Drake, Hosea Williams & Ezra Griswold Esqrs his Associates, Judges
of the Court of Common Pleas, in & for the County of Delaware, in
the State of Ohio~
This day the last will & testament of Edward
Davis was produced in open Court, together with the desposition
of James Osborn, one of the witnesses thereto, taken before Morgan
Williams Esqr one of the Justices of the Peace of this County, who
was appointed commissioner for that purpose, on account that
the said Osborn was unable to attend Court, in Consequence of sick
ness. And the Court having examined the report of the said
Morgan Williams, & the desposition of the said Osborn now on file,
are satisfied therewith. And David Cadwallader the other witness
to said Will having appeared in open Court, was examined under
oath & his testimony reduced to writing & now on file; the Court
on consideration thereof, do approve of the same, & order the said
Will & testimony to be recorded.
I, Edward Davis of the County of Delaware, in the State of Ohio,
do make & publish this my last will & testament in manner &
form following, that is to say:~ First, it is my will that my
funeral expences & all my just debts be fully paid. Second, I
give, & devise, & bequeath to my beloved wife Laura Davis the plan
tation on which we now reside, situate in Delaware township
Delaware County, State of Ohio, containing thirty five acres, &
all the live stock, Horses, Cows, Hogs &c by me now owned & kept
thereon, also all the Household furniture & other items not
particularly named or disposed ^of in this will, she however first
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 62)
Description
[page 62]
[corresponds to labeled page 17 of Will Records Vol. 2 - 1835-1850]
17
disposing of a sufficiency thereof to pay my just debts as
aforesaid. And lastly, I hereby constitute & appoint my
wife Laura Davis to be the executor for this my last will
& testament, revoking & annulling all former wills by me
made, & ratifying & confirming this & no other to be my
last will & testament. In testimony whereof, I have
hereunto set my hand & seal this 16th day of July in the
year of our Lord one thousand eight hundred & thirty
three. Signed published & declared Edward Davis {Seal}
by the above named Edward
Davis as & for his last will & testament, in presence of us,
who at his request have signed as witnesses to the same.
David Cadwalader~ James Osborn~
In the Court of Com. Pleas for Delaware County, No
vember Term 1835, I, David Cadwalader being duly
sworn in open Court, upon my oath say, that I am
one of the witnesses to the last will & testament of Edward
Davis hereto attached, dated July 16th A.D. 1833, that the said
will was signed by the said Edward Davis now deceased
on or about the date thereof, at his residence in this
County, in my presence, & in the presence of James
Osborn, the other witness thereto, & we the said witnesses
at his request, & in his presence signed our names to the
said will as witnesses thereto, the said Davis Decd at the
time of executing the said will was at least thirty two
years of age, & of sound mind & memory, & under no
restraint. That the ^said Davis, at the time aforesaid,
in the presence of the said witnesses published the said will
by us signed as aforesaid, as his last will & testament~
And further I say, that the said Edward Davis died
the next day, after publishing his said will as afore
said, at his residence aforesaid; & further say not~
David Cadwalader~
Subscribed 7 sworn to in open Court.
Novr 14th 1835~ T. Reynolds Clerk~
The State of Ohio, Delaware County, Ss~ Before me
Morgan Williams a Justice of the peace in & for said
County to whom a commission has issued by the Court
of Common Pleas of the said County to take the
[corresponds to labeled page 17 of Will Records Vol. 2 - 1835-1850]
17
disposing of a sufficiency thereof to pay my just debts as
aforesaid. And lastly, I hereby constitute & appoint my
wife Laura Davis to be the executor for this my last will
& testament, revoking & annulling all former wills by me
made, & ratifying & confirming this & no other to be my
last will & testament. In testimony whereof, I have
hereunto set my hand & seal this 16th day of July in the
year of our Lord one thousand eight hundred & thirty
three. Signed published & declared Edward Davis {Seal}
by the above named Edward
Davis as & for his last will & testament, in presence of us,
who at his request have signed as witnesses to the same.
David Cadwalader~ James Osborn~
In the Court of Com. Pleas for Delaware County, No
vember Term 1835, I, David Cadwalader being duly
sworn in open Court, upon my oath say, that I am
one of the witnesses to the last will & testament of Edward
Davis hereto attached, dated July 16th A.D. 1833, that the said
will was signed by the said Edward Davis now deceased
on or about the date thereof, at his residence in this
County, in my presence, & in the presence of James
Osborn, the other witness thereto, & we the said witnesses
at his request, & in his presence signed our names to the
said will as witnesses thereto, the said Davis Decd at the
time of executing the said will was at least thirty two
years of age, & of sound mind & memory, & under no
restraint. That the ^said Davis, at the time aforesaid,
in the presence of the said witnesses published the said will
by us signed as aforesaid, as his last will & testament~
And further I say, that the said Edward Davis died
the next day, after publishing his said will as afore
said, at his residence aforesaid; & further say not~
David Cadwalader~
Subscribed 7 sworn to in open Court.
Novr 14th 1835~ T. Reynolds Clerk~
The State of Ohio, Delaware County, Ss~ Before me
Morgan Williams a Justice of the peace in & for said
County to whom a commission has issued by the Court
of Common Pleas of the said County to take the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 63)
Description
[page 63]
[corresponds to labeled page 18 of Will Records Vol. 2 - 1835-1850]
18
desposition of James Osborn a witness (to the last will of Edward
Davis decd) who is unable on account of sickness to attend
the said Court; personally appeared the said James Osborn
who was duly sworn, & upon his oath saith, that the paper
hereto attached is the will & testament of Edward Davis now
decd dated July 16th 1833, was duly published as his last will &
testament by the said Davis on or about the day & year last
aforesaid, that the same was then & there signed by the said
Davis in the presence of this deponent & David Cadwalader,
& by us in his presence, & in the presence of each other, & at
his request, signed the said will as witnesses thereto, that the
said Davis at that time was at least of the age of thirty two
years of sound mind & memory, & acting under no restraint~
and further says not. James Osborn~
Sworn & subscribed to this 14th day of November A.D. 1835.
Before me, Morgan Williams Justice of the Peace
& Commissioner.
Recorded the foregoing Will etc. Novr 19th 1835.
Attest, T. Reynolds Clerk.
Pleas held at the Court-House in Delaware on the 27th day of
February A.D. 1836, before the Honorable Joseph R. Swan, President
& Ezra Griswold, John Brundige & John Lugenbeel Esqrs his
Associates, Judges of the Court of Common Pleas, in & for the County
of Delaware in the State of Ohio~
This day the last will & testament
of Nathaniel Hamlin decd was produced in open Court & proved
by the testimony of Joseph Smart & James Kooken the subscribing
witnesses thereto, as reduced to writing, approved & ordered to be record
ed~ And thereupon John Hamlin & George Bean the Executor
in said Will named refusing to act;~ On motion; It is ordered that
letters of administration with the will annexed be granted to James
Kooken, who is ordered to enter into bonds in the sum of four
hundred dollars with Benjamin Powers & Joseph Smart as security~
It is further ordered, that James Ligget, Amos Carr & William Smart
appraise the personal property of said Estate.
In the name of God. Amen~ I Nathaniel Hamlin of Scioto
Township, Delaware County & State of Ohio, being advanced in years
& weak in body, but sound in mind & memory, do make & ordain
this my last will & testament hereby revoking all others,
[corresponds to labeled page 18 of Will Records Vol. 2 - 1835-1850]
18
desposition of James Osborn a witness (to the last will of Edward
Davis decd) who is unable on account of sickness to attend
the said Court; personally appeared the said James Osborn
who was duly sworn, & upon his oath saith, that the paper
hereto attached is the will & testament of Edward Davis now
decd dated July 16th 1833, was duly published as his last will &
testament by the said Davis on or about the day & year last
aforesaid, that the same was then & there signed by the said
Davis in the presence of this deponent & David Cadwalader,
& by us in his presence, & in the presence of each other, & at
his request, signed the said will as witnesses thereto, that the
said Davis at that time was at least of the age of thirty two
years of sound mind & memory, & acting under no restraint~
and further says not. James Osborn~
Sworn & subscribed to this 14th day of November A.D. 1835.
Before me, Morgan Williams Justice of the Peace
& Commissioner.
Recorded the foregoing Will etc. Novr 19th 1835.
Attest, T. Reynolds Clerk.
Pleas held at the Court-House in Delaware on the 27th day of
February A.D. 1836, before the Honorable Joseph R. Swan, President
& Ezra Griswold, John Brundige & John Lugenbeel Esqrs his
Associates, Judges of the Court of Common Pleas, in & for the County
of Delaware in the State of Ohio~
This day the last will & testament
of Nathaniel Hamlin decd was produced in open Court & proved
by the testimony of Joseph Smart & James Kooken the subscribing
witnesses thereto, as reduced to writing, approved & ordered to be record
ed~ And thereupon John Hamlin & George Bean the Executor
in said Will named refusing to act;~ On motion; It is ordered that
letters of administration with the will annexed be granted to James
Kooken, who is ordered to enter into bonds in the sum of four
hundred dollars with Benjamin Powers & Joseph Smart as security~
It is further ordered, that James Ligget, Amos Carr & William Smart
appraise the personal property of said Estate.
In the name of God. Amen~ I Nathaniel Hamlin of Scioto
Township, Delaware County & State of Ohio, being advanced in years
& weak in body, but sound in mind & memory, do make & ordain
this my last will & testament hereby revoking all others,
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 64)
Description
[page 64]
[corresponds to labeled page 19 of Will Records Vol. 2 - 1835-1850]
19
1st I will & bequeath to my beloved wife Hannah Hamlin the
dwelling house, that I now occupy, together with the furniture
therein /the Beauro excepted/ also a Cow & Calf, six sheep, also one
third of all that shall be raised on the farm. harvested & secured in the
barn or stack, so long as she shall remain my widow.
2d I will and bequeath unto my son, John Hamlin fifty acres of land,
the same that has been surveyed to him, & which he now occupies.
3d I will & bequeath unto my son, Nathaniel Hamlin fifty acres of land,
with all the improvements & appurtenances thereunto belonging, being the
same on which I now live & occupy, at the death or marriage of my
said wife, Hannah Hamlin.
4th It is my will that at a suitable time after my death all my
personal property not already bequeathed, shall be sold at public
vendue, & after my debts & funeral expences are paid the ballance
of the proceeds of the said sale together with all ready money & money
bills to be divided between my son Charles Hamlin & my daughter
Keziah Brooks late Keziah Hamlin, Seventy dollars thereof first being
paid to the aforesaid Keziah Brooks, then the ballance to be equally
divided between the said Charles & Keziah
5th And lastly. I do hereby nominate & appoint my son John Hamlin &
George Bean executors of this my last will & testament.
In testimony whereof, I have hereunto set my hand & seal this nine-
teenth day of June, one thousand eight hundred & thirty five.
Signed & sealed in our presence, & in the his
presence of each other, & in the presence Nathaniel X Hamlin {seal}
of the testator at his request. mark
Joseph Smart~ Jas Kooken~
State of Ohio, Delaware County; Ss~
Personally appeared in open Court, James Kooken & Joseph Smart who sever-
ally made oath in due form of law, that they were severally called upon
by Nathaniel Hamlin the testator, to witness this his last will & testament, the
subscribed the will here presented in our presence, & requested us to attest the
same as witnesses thereto. said Hamlin was at the time of sound and
disposing mind & memory, & has since died, our names were subscribed
at the time in the will mentioned. Jas Kooken~
Sworn & subscribed in open Court. Joseph Smart~
Feb. 27th 1836
T. Reynolds Clerk~
Recorded the foregoing will &c March 1st 1836~
Attest~ T. Reynolds Clerk~
[corresponds to labeled page 19 of Will Records Vol. 2 - 1835-1850]
19
1st I will & bequeath to my beloved wife Hannah Hamlin the
dwelling house, that I now occupy, together with the furniture
therein /the Beauro excepted/ also a Cow & Calf, six sheep, also one
third of all that shall be raised on the farm. harvested & secured in the
barn or stack, so long as she shall remain my widow.
2d I will and bequeath unto my son, John Hamlin fifty acres of land,
the same that has been surveyed to him, & which he now occupies.
3d I will & bequeath unto my son, Nathaniel Hamlin fifty acres of land,
with all the improvements & appurtenances thereunto belonging, being the
same on which I now live & occupy, at the death or marriage of my
said wife, Hannah Hamlin.
4th It is my will that at a suitable time after my death all my
personal property not already bequeathed, shall be sold at public
vendue, & after my debts & funeral expences are paid the ballance
of the proceeds of the said sale together with all ready money & money
bills to be divided between my son Charles Hamlin & my daughter
Keziah Brooks late Keziah Hamlin, Seventy dollars thereof first being
paid to the aforesaid Keziah Brooks, then the ballance to be equally
divided between the said Charles & Keziah
5th And lastly. I do hereby nominate & appoint my son John Hamlin &
George Bean executors of this my last will & testament.
In testimony whereof, I have hereunto set my hand & seal this nine-
teenth day of June, one thousand eight hundred & thirty five.
Signed & sealed in our presence, & in the his
presence of each other, & in the presence Nathaniel X Hamlin {seal}
of the testator at his request. mark
Joseph Smart~ Jas Kooken~
State of Ohio, Delaware County; Ss~
Personally appeared in open Court, James Kooken & Joseph Smart who sever-
ally made oath in due form of law, that they were severally called upon
by Nathaniel Hamlin the testator, to witness this his last will & testament, the
subscribed the will here presented in our presence, & requested us to attest the
same as witnesses thereto. said Hamlin was at the time of sound and
disposing mind & memory, & has since died, our names were subscribed
at the time in the will mentioned. Jas Kooken~
Sworn & subscribed in open Court. Joseph Smart~
Feb. 27th 1836
T. Reynolds Clerk~
Recorded the foregoing will &c March 1st 1836~
Attest~ T. Reynolds Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 65)
Description
[page 65]
[corresponds to labeled page 20 of Will Records Vol. 2 - 1835-1850]
20
Pleas at a Special Court, held at the Court-House, in Delaware,
on the 4th day of April A.D. 1836, before the Honorable, Ezra Gris~
wold, John Brundige, & John Lubenbeel, Associate Judges of the
Court of Common Pleas, in & for the County of Delaware in the
State of Ohio.
This day the last will & testament of Sylvester
Hough deceased, was produced in Open Court, & proved by the
testimony of Elisha Newell & James C. Carter, two of the subscri-
bing witnesses thereto, as reduced to writing, approved & ordered to
be recorded; And thereupon, on motion of William Hough &
Orsamus C. Hough the executors in said Will named; It is ordered,
that letters testamentary be granted them, upon their entering
into bonds in the sum of three thousand dollars with Stephen
R. Bennett & Elisha Newell as security. And it is further
ordered, that Nathan Dustin, Elisha S. Carpenter & William
Williams appraise the personal property of said estate.
In the name of God. Amen. I Sylvester Hough of Genoa Town-
ship & County of Delaware, in the State of Ohio, being weak in
body, but of sound mind & memory, blessed be Almighty God, for
the same, do make & publish this as my last will & testament in
manner & form following /that is to say/: First, I give & bequeath
unto my beloved wife Sally Hough my dwelling house & barn for the
use of herself & a home for our unmarried children. Also two thirds
of all my land, so long as she shall remain my widow. I also
give & bequeath to my son Orsamus D. Hough a sum of equal
value with the price of land, I gave to my son William Hough,
on which his house now stands. And lastly, as to the rest, residue &
remainder of my real & personal estate, goods & chattels of what
kind & nature soever. I give & bequeath the same to all my children
in equal portions; and I hereby appoint my sons William &
Orsamus D. Hough, Executors of this my last will & testament.
In witness whereof, I have hereunto set my hand & seal this 27th
day of February, in the year of our Lord one thousand eight hundred
and thirty six.
Signed, sealed, published & declared by the Sylvester Hough {Seal}
above named Sylvester Hough, to be his
last will & testament, in the presence of us, who have hereunto
subscribed our names as witnesses in the presence of the testator~
Jas C. Carter~ Elisha Newell~
Lewis Badger~
[corresponds to labeled page 20 of Will Records Vol. 2 - 1835-1850]
20
Pleas at a Special Court, held at the Court-House, in Delaware,
on the 4th day of April A.D. 1836, before the Honorable, Ezra Gris~
wold, John Brundige, & John Lubenbeel, Associate Judges of the
Court of Common Pleas, in & for the County of Delaware in the
State of Ohio.
This day the last will & testament of Sylvester
Hough deceased, was produced in Open Court, & proved by the
testimony of Elisha Newell & James C. Carter, two of the subscri-
bing witnesses thereto, as reduced to writing, approved & ordered to
be recorded; And thereupon, on motion of William Hough &
Orsamus C. Hough the executors in said Will named; It is ordered,
that letters testamentary be granted them, upon their entering
into bonds in the sum of three thousand dollars with Stephen
R. Bennett & Elisha Newell as security. And it is further
ordered, that Nathan Dustin, Elisha S. Carpenter & William
Williams appraise the personal property of said estate.
In the name of God. Amen. I Sylvester Hough of Genoa Town-
ship & County of Delaware, in the State of Ohio, being weak in
body, but of sound mind & memory, blessed be Almighty God, for
the same, do make & publish this as my last will & testament in
manner & form following /that is to say/: First, I give & bequeath
unto my beloved wife Sally Hough my dwelling house & barn for the
use of herself & a home for our unmarried children. Also two thirds
of all my land, so long as she shall remain my widow. I also
give & bequeath to my son Orsamus D. Hough a sum of equal
value with the price of land, I gave to my son William Hough,
on which his house now stands. And lastly, as to the rest, residue &
remainder of my real & personal estate, goods & chattels of what
kind & nature soever. I give & bequeath the same to all my children
in equal portions; and I hereby appoint my sons William &
Orsamus D. Hough, Executors of this my last will & testament.
In witness whereof, I have hereunto set my hand & seal this 27th
day of February, in the year of our Lord one thousand eight hundred
and thirty six.
Signed, sealed, published & declared by the Sylvester Hough {Seal}
above named Sylvester Hough, to be his
last will & testament, in the presence of us, who have hereunto
subscribed our names as witnesses in the presence of the testator~
Jas C. Carter~ Elisha Newell~
Lewis Badger~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 66)
Description
[page 66]
[corresponds to labeled page 21 of Will Records Vol. 2 - 1835-1850]
21
The State of Ohio, Delaware County :Ss. In the Court of
Common Pleas, at a Special Session April 4th 1836.
We the undersigned James C. Carter & Elisha Newell being
duly sworn in open Court, upon our oaths say that the paper
herewith produced, purporting to be the last will & testament
of Sylvester Hough decd dated the 27th day of February 1836.
was on the 28th day of February last, by the said Sylvester Hough
duly published as his last will & testament, & then in our presence
signed the same as such; and we in his presence, & in the
presence of each other, at his request signed our names thereto,
as witnesses. The said Hough at that time was at least of the
age of fifty years, of sound mind & memory, & acting under
no restraint, & further say not. Jas C. Carter~
Elisha Newell~
Subscribed & sworn to in Open Court,
April 4th 1836~
T. Reynolds, Clerk~
Recorded the foregoing Will &c April 4th 1836~
Attest T. Reynolds, Clerk~
Pleas held at the Court~ House, in Delaware, on the 26th day
of June A.D. 1836, before the Honorable Joseph R. Swan, President
& Ezra Griswold, John Brundige & John Lugenbeel Esqrs his
Associates, Judges of the Court of Common Pleas, in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament of Ann Welchaunts decd
was produced in Open Court, & proved by the testimony of the
subscribing witnesses thereto, as reduced to writing approved &
ordered to be recorded. And thereupon on motion of Anthony
Walker the executor in said will named, it is ordered, that
letters of testamentary be granted him upon his entering into
bonds in the sum of two hundred dollars with Alexander
Kilbourn & Charles Sweetser as security. And it is further ordered
that Nathan Chester, John Moses & Edward Potter appraise
the personal property of said estate.
To all to whom these presents shall come, I Ann Welch-
aunts, the widow of the late Abraham Welchaunts of the
County of Delaware in the State of Ohio, of sound mind
& memory tho infirm in health from age & ability, do
[corresponds to labeled page 21 of Will Records Vol. 2 - 1835-1850]
21
The State of Ohio, Delaware County :Ss. In the Court of
Common Pleas, at a Special Session April 4th 1836.
We the undersigned James C. Carter & Elisha Newell being
duly sworn in open Court, upon our oaths say that the paper
herewith produced, purporting to be the last will & testament
of Sylvester Hough decd dated the 27th day of February 1836.
was on the 28th day of February last, by the said Sylvester Hough
duly published as his last will & testament, & then in our presence
signed the same as such; and we in his presence, & in the
presence of each other, at his request signed our names thereto,
as witnesses. The said Hough at that time was at least of the
age of fifty years, of sound mind & memory, & acting under
no restraint, & further say not. Jas C. Carter~
Elisha Newell~
Subscribed & sworn to in Open Court,
April 4th 1836~
T. Reynolds, Clerk~
Recorded the foregoing Will &c April 4th 1836~
Attest T. Reynolds, Clerk~
Pleas held at the Court~ House, in Delaware, on the 26th day
of June A.D. 1836, before the Honorable Joseph R. Swan, President
& Ezra Griswold, John Brundige & John Lugenbeel Esqrs his
Associates, Judges of the Court of Common Pleas, in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament of Ann Welchaunts decd
was produced in Open Court, & proved by the testimony of the
subscribing witnesses thereto, as reduced to writing approved &
ordered to be recorded. And thereupon on motion of Anthony
Walker the executor in said will named, it is ordered, that
letters of testamentary be granted him upon his entering into
bonds in the sum of two hundred dollars with Alexander
Kilbourn & Charles Sweetser as security. And it is further ordered
that Nathan Chester, John Moses & Edward Potter appraise
the personal property of said estate.
To all to whom these presents shall come, I Ann Welch-
aunts, the widow of the late Abraham Welchaunts of the
County of Delaware in the State of Ohio, of sound mind
& memory tho infirm in health from age & ability, do
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 67)
Description
[page 67]
[corresponds to labeled page 22 of Will Records Vol. 2 - 1835-1850]
22
make & publish this my last will & testament, to wit.
In the first place, My will is, that all my debts, my funeral
expences, & the expences of my last sickness be fully and
speedily paid.
Secondly, I will & bequeath to my son George Welchaunts all
my goods & chattels, my wearing apparel, beds & bedding, my
kitchen & all other furniture, & thirty dollars in cash due &
coming to me from my son Henry Welchaunts in Martins
burgh, in the state of Virginia.
Thirdly, I will & devise to my said son George Welchaunts
all my real estate, being a lot, I purchased of Silas C. Gorton
in the vicinity of Delaware on the South discribed as follows
viz; beginning one rod North from the South East Corner of
lot 17 in Range 19. Township 5. Section 4. United States Military
lands in Ohio, thence to run North on the Turnpike road
six rods, thence West twelve rods, thence South six rods, thence
East twelve rods to the place of beginning, with all the appur-
tenances & improvements to the + in any wise belonging
to his own use forever.
Fourthly, I do hereby appoint Anthony Walker my executor
of this my last will & testament.
In witness whereof, I have hereto set my + this 30th day
of Dec 1834. her
Signed by Mrs. Welchaunts, in our} Ann + Welchaunts
presence & the presence of each other} mark
Silas C. Gorton~ Amos Fuller~
Leonard H. Cowles~
The State of Ohio, Delaware Comn Pleas, June Term A.D. 1836
Personally came into Court, Amos Fuller of lawful age, who
deposes & says, that he was present, at the execution of the
last will & testament of Ann Welchaunts the 30th day of Dec.
A.D. 1834, that he was called into attest the execution of the same
& that he subscribed the same as witness in her presence & in
the presence of Silas C. Gorton & Leonard H. Cowles the other
subscribing witnesses, & he further deposes & says, that the said
Ann Welchaunts was at the time of sound mind & memory &
capable of making a judicious disposition of her property, & that
she signed said will by placing her mark of a cross to the same.
Amos Fuller~
Subscribed & sworn to in open Court, June 24th 1836~
T. Reynolds Clerk~
[corresponds to labeled page 22 of Will Records Vol. 2 - 1835-1850]
22
make & publish this my last will & testament, to wit.
In the first place, My will is, that all my debts, my funeral
expences, & the expences of my last sickness be fully and
speedily paid.
Secondly, I will & bequeath to my son George Welchaunts all
my goods & chattels, my wearing apparel, beds & bedding, my
kitchen & all other furniture, & thirty dollars in cash due &
coming to me from my son Henry Welchaunts in Martins
burgh, in the state of Virginia.
Thirdly, I will & devise to my said son George Welchaunts
all my real estate, being a lot, I purchased of Silas C. Gorton
in the vicinity of Delaware on the South discribed as follows
viz; beginning one rod North from the South East Corner of
lot 17 in Range 19. Township 5. Section 4. United States Military
lands in Ohio, thence to run North on the Turnpike road
six rods, thence West twelve rods, thence South six rods, thence
East twelve rods to the place of beginning, with all the appur-
tenances & improvements to the + in any wise belonging
to his own use forever.
Fourthly, I do hereby appoint Anthony Walker my executor
of this my last will & testament.
In witness whereof, I have hereto set my + this 30th day
of Dec 1834. her
Signed by Mrs. Welchaunts, in our} Ann + Welchaunts
presence & the presence of each other} mark
Silas C. Gorton~ Amos Fuller~
Leonard H. Cowles~
The State of Ohio, Delaware Comn Pleas, June Term A.D. 1836
Personally came into Court, Amos Fuller of lawful age, who
deposes & says, that he was present, at the execution of the
last will & testament of Ann Welchaunts the 30th day of Dec.
A.D. 1834, that he was called into attest the execution of the same
& that he subscribed the same as witness in her presence & in
the presence of Silas C. Gorton & Leonard H. Cowles the other
subscribing witnesses, & he further deposes & says, that the said
Ann Welchaunts was at the time of sound mind & memory &
capable of making a judicious disposition of her property, & that
she signed said will by placing her mark of a cross to the same.
Amos Fuller~
Subscribed & sworn to in open Court, June 24th 1836~
T. Reynolds Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 68)
Description
[page 68]
[corresponds to labeled page 23 of Will Records Vol. 2 - 1835-1850]
23
Also personally came Silas C. Gorton, of full age & deposed &
said, that he was called in to attest the last will & testament of
Ann Welchaunts, late of Delaware County, deceased, & in the
presence of the said Ann, & Amos Fuller & Leonard H. Cowles he
subscribed the same as witness, the said Ann executed said will
by putting the mark of a cross to the same, & further that said
Ann at that time was of sound & disposing mind & memory.
Said will was dated the 30th day of Dec. 1834, & further saith not.
Silas C. Gorton~
Sworn & subscribed to in open Court~
June 24th 1836~ T. Reynolds Clerk~
Leonard H. Cowles came also, & deposed & says that he drew
the last will & testament of Mrs. Ann Welchaunts the 30th day of
Dec. 1834, at her request, that she was of sound mind & memory &
competent to dispose of her property with discretion, the said Ann
affixed her mark to the same with her own hand, & this deponent
attested the same as subscribing witness & further this deponent saith
this Leonard H. Cowles~
Sworn & subscribed in open Court
This 24th day of June 1836.
T. Reynolds Clerk~
Recorded the foregoing will ect June 28th 1836~
Attest T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 16th
day of May. A.D. 1837, before the Honorable Joseph R. Swan,
President & Ezra Griswold & John Lugeneel Esqrs two
of his associates, Judges of the Court of Common Pleas,
in and for the County of Delaware in the State of Ohio
An authenticated Copy of
the Will of Joseph Higbee decd of the city of Trenton &
State of New Jersey, proved according to the laws of the
said state of New Jersey, relative to real property with
in this County, was presented by Mr Stanbery, in behalf
of the executors to such Will, and upon his motion, it
is ordered by the Court here, that the same be admitted
to record.
I Joseph Higbee of the City of Trenton and
State of New Jersey being weak in body but of sound
[corresponds to labeled page 23 of Will Records Vol. 2 - 1835-1850]
23
Also personally came Silas C. Gorton, of full age & deposed &
said, that he was called in to attest the last will & testament of
Ann Welchaunts, late of Delaware County, deceased, & in the
presence of the said Ann, & Amos Fuller & Leonard H. Cowles he
subscribed the same as witness, the said Ann executed said will
by putting the mark of a cross to the same, & further that said
Ann at that time was of sound & disposing mind & memory.
Said will was dated the 30th day of Dec. 1834, & further saith not.
Silas C. Gorton~
Sworn & subscribed to in open Court~
June 24th 1836~ T. Reynolds Clerk~
Leonard H. Cowles came also, & deposed & says that he drew
the last will & testament of Mrs. Ann Welchaunts the 30th day of
Dec. 1834, at her request, that she was of sound mind & memory &
competent to dispose of her property with discretion, the said Ann
affixed her mark to the same with her own hand, & this deponent
attested the same as subscribing witness & further this deponent saith
this Leonard H. Cowles~
Sworn & subscribed in open Court
This 24th day of June 1836.
T. Reynolds Clerk~
Recorded the foregoing will ect June 28th 1836~
Attest T. Reynolds Clerk~
Pleas held at the Court-House in Delaware, on the 16th
day of May. A.D. 1837, before the Honorable Joseph R. Swan,
President & Ezra Griswold & John Lugeneel Esqrs two
of his associates, Judges of the Court of Common Pleas,
in and for the County of Delaware in the State of Ohio
An authenticated Copy of
the Will of Joseph Higbee decd of the city of Trenton &
State of New Jersey, proved according to the laws of the
said state of New Jersey, relative to real property with
in this County, was presented by Mr Stanbery, in behalf
of the executors to such Will, and upon his motion, it
is ordered by the Court here, that the same be admitted
to record.
I Joseph Higbee of the City of Trenton and
State of New Jersey being weak in body but of sound
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 69)
Description
[page 69]
[corresponds to labeled page 24 of Will Records Vol. 2 - 1835-1850]
24
and disposing minding & memory & being desirous to settle my
worldly affairs, whilst I have strength & capacity so to do.
Do make and publish this my last will & testament, after
the payment of all my just debts and charges, I dispose
of my estate as follows. First I give and devise to my
wife Elizabeth L. Higbee the use, interest and enjoyment
of the whole of my personal property, and the rents, issues
and profits of the whole of my real estate, whatsoever
and wheresoever for and during the term of her natural
life, should she so long continues my widow. And after
the death of my said wife, or in case she should marry
again, then upon such marriage, I give and devise all
my estate real and personal of what nature or kind soever
and wheresoever situate to my children herein after menti-
-oned and to their heirs and assigned forever. That is to say
to all my children (except my eldest son Joseph Charles
Higbee who having already received what I consider
to be his fair proportion of my estate, is not to take a
distributive share under this will:) to be equally divided
among all my children (except as aforesaid) who shall be living
at the time of the death or marriage of my said wife such
division however in case of the death of my said wife shall
not be actually made untill the period of one year shall
have elapsed, after the happening of that event, nor there
unless required by a majority of the legatees. Second, In
case of the marriage of any of my said children before the
death of my said wife, then my executors shall be at liberty
are are hereby authorized to pay such child such sum
of money as ^to the said executors shall seem expedient and
proper. But no interest on such sum so said is to be charged
against them. But the principal sum of money so paid
shall be deducted from the share which such child would
be entitled to receive from my estate after the death or
marriage of my said wife. Third~ I do hereby nominate &
appoint my wife Elizabeth L. Higbee and my brother in law
Lawrence Lewis of the city of Philadelphia to be the execu
trix and executor of this my last will and testament.
And I do, hereby authorise the said Elizabeth L. Higbee and
Lawrence Lewis to lease out my real estate on ground
rent or otherwise, for a term or terms of years, and to
receive the rents, issues and profits for the use of
[corresponds to labeled page 24 of Will Records Vol. 2 - 1835-1850]
24
and disposing minding & memory & being desirous to settle my
worldly affairs, whilst I have strength & capacity so to do.
Do make and publish this my last will & testament, after
the payment of all my just debts and charges, I dispose
of my estate as follows. First I give and devise to my
wife Elizabeth L. Higbee the use, interest and enjoyment
of the whole of my personal property, and the rents, issues
and profits of the whole of my real estate, whatsoever
and wheresoever for and during the term of her natural
life, should she so long continues my widow. And after
the death of my said wife, or in case she should marry
again, then upon such marriage, I give and devise all
my estate real and personal of what nature or kind soever
and wheresoever situate to my children herein after menti-
-oned and to their heirs and assigned forever. That is to say
to all my children (except my eldest son Joseph Charles
Higbee who having already received what I consider
to be his fair proportion of my estate, is not to take a
distributive share under this will:) to be equally divided
among all my children (except as aforesaid) who shall be living
at the time of the death or marriage of my said wife such
division however in case of the death of my said wife shall
not be actually made untill the period of one year shall
have elapsed, after the happening of that event, nor there
unless required by a majority of the legatees. Second, In
case of the marriage of any of my said children before the
death of my said wife, then my executors shall be at liberty
are are hereby authorized to pay such child such sum
of money as ^to the said executors shall seem expedient and
proper. But no interest on such sum so said is to be charged
against them. But the principal sum of money so paid
shall be deducted from the share which such child would
be entitled to receive from my estate after the death or
marriage of my said wife. Third~ I do hereby nominate &
appoint my wife Elizabeth L. Higbee and my brother in law
Lawrence Lewis of the city of Philadelphia to be the execu
trix and executor of this my last will and testament.
And I do, hereby authorise the said Elizabeth L. Higbee and
Lawrence Lewis to lease out my real estate on ground
rent or otherwise, for a term or terms of years, and to
receive the rents, issues and profits for the use of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 70)
Description
[page 70]
[corresponds to labeled page 25 of Will Records Vol. 2 - 1835-1850]
25
the said Elizabeth L. Higbee during her life, or so long as
she shall continue my widow, and I do further authorise
and empower the said Elizabeth L. Higbee and Lawrence
Lewis to sell and convey for such prices as they shall
deem proper, in fee simple, or for any less estate all or
any part of my real estate, and to make execute and deliver
to purchasers thereof good and sufficient deeds for the
same, and the proceeds of such sales or any part thereof
from time to time, and the interest accruing thereon to
invest in such stocks, or other good securities bearing
an interest, as to them shall seem expedient and proper
and the proceeds of such sale, or sales, and the interest thereon
or upon any investment thereof as aforesaid shall be
equally distributed among my children, except as afores-
aid in the manner above herein directed. Fourth~ It
is my will and I do further direct that as to all such
sums of money, that have been heretofore given to any
of my children or any charges or demands I have
against them or any of them, my executors shall make
no claim or demand against them or any of them for
the same. In witness whereof I the
said Joseph Higbee have hereunto set my hand and
seal this fourth day of December in the year of our Lord
one thousand eight hundred and twenty nine.
Signed, sealed, published & declared }
by the said Joseph Higbee as his } Joseph Higbee {LS.}
last Will & testament in the presence}
of us, who at his request, & in his }
presence, have hereunto subscribed our names as witnesses.
The word "are" in the second line of the second page
underlined before the execution hereof. Wm Halsted
Zac. Rossell
Phil Dickinson
State of New Jersey }
Hunterden County:ss } Zachariah Rossell, and Phil-
emon Dickinson two of the witnesses to the within will
being duly sworn according to law, did depose and say
that they and each of them saw Joseph Higbee the
Testator therein named, sign and seal the same, and
heard him publish, pronounce and declare the within
writing to be his last will and Testament; and that at the
doing thereof the said Testator was of sound and dispos-
[corresponds to labeled page 25 of Will Records Vol. 2 - 1835-1850]
25
the said Elizabeth L. Higbee during her life, or so long as
she shall continue my widow, and I do further authorise
and empower the said Elizabeth L. Higbee and Lawrence
Lewis to sell and convey for such prices as they shall
deem proper, in fee simple, or for any less estate all or
any part of my real estate, and to make execute and deliver
to purchasers thereof good and sufficient deeds for the
same, and the proceeds of such sales or any part thereof
from time to time, and the interest accruing thereon to
invest in such stocks, or other good securities bearing
an interest, as to them shall seem expedient and proper
and the proceeds of such sale, or sales, and the interest thereon
or upon any investment thereof as aforesaid shall be
equally distributed among my children, except as afores-
aid in the manner above herein directed. Fourth~ It
is my will and I do further direct that as to all such
sums of money, that have been heretofore given to any
of my children or any charges or demands I have
against them or any of them, my executors shall make
no claim or demand against them or any of them for
the same. In witness whereof I the
said Joseph Higbee have hereunto set my hand and
seal this fourth day of December in the year of our Lord
one thousand eight hundred and twenty nine.
Signed, sealed, published & declared }
by the said Joseph Higbee as his } Joseph Higbee {LS.}
last Will & testament in the presence}
of us, who at his request, & in his }
presence, have hereunto subscribed our names as witnesses.
The word "are" in the second line of the second page
underlined before the execution hereof. Wm Halsted
Zac. Rossell
Phil Dickinson
State of New Jersey }
Hunterden County:ss } Zachariah Rossell, and Phil-
emon Dickinson two of the witnesses to the within will
being duly sworn according to law, did depose and say
that they and each of them saw Joseph Higbee the
Testator therein named, sign and seal the same, and
heard him publish, pronounce and declare the within
writing to be his last will and Testament; and that at the
doing thereof the said Testator was of sound and dispos-
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 71)
Description
[page 71]
[corresponds to labeled page 26 of Will Records Vol. 2 - 1835-1850]
26
ing mind and memory as far as these deponents know
and as they verily believe; and that William Halsted
the other subscribing witness was present at the same
time and signed his name as a witness to the said will
together with these deponents in the presence of the said
Testator Zac. Rossell
Sworn & subscribed, at Trenton in } Phil Dickinson
the County Hunterdon the eighth }
day of January A.D. 1830. before me. G. Maxwell Surgt.~
State of New. Jersey }
Hunterdon county Ss. } Elizabeth L. Higbee and Lawr~
ence Lewis the executors in the within last will and
testament named, being duly sworn according to law, did
depose and say that the within Instrument contained the
true last will and Testament of Joseph Higbee, late of
the City of Trenton, deceased, the testator therein named
so far as they know and as they verily believe, that
they will well and truly perform the same by paying
first the debts of the said deceased, and then the legacies
in the said testament specified, so far as the goods, chattles
and credits of the said deceased can thereunto extend, and
that they will make and exhibit into the surrogates office
of the County of Hunterdon a true and perfect Invent-
ory of all and singular the goods, chattles, and credits
of the said deceased, that have or shall come to their
knowledge or possession, or to the possession of any other
person or persons to their use, and render a just and
true account thereof, when thereunto lawfully required.
Sworn & subscribed at Trenton } Elizabeth L. Higbee
in the County of Hunterdon } Lawrence Lewis
This 8th day of January A.D. }
1830~ Before me G. Maxwell Surgt.~
State of New Jersey Ss~
I James D. Westcott, Secretary of the
State of New Jersey and Register of the Prerogative office
of said state, do hereby certify, that the annexed is a
true copy of the last Will and testament of Joseph
Higbee, late of the county of Hunterdon in said state
deceased, and also of the probate thereof as taken
from and compared with the original now rem-
aining on file in the said Prerogative office.
[corresponds to labeled page 26 of Will Records Vol. 2 - 1835-1850]
26
ing mind and memory as far as these deponents know
and as they verily believe; and that William Halsted
the other subscribing witness was present at the same
time and signed his name as a witness to the said will
together with these deponents in the presence of the said
Testator Zac. Rossell
Sworn & subscribed, at Trenton in } Phil Dickinson
the County Hunterdon the eighth }
day of January A.D. 1830. before me. G. Maxwell Surgt.~
State of New. Jersey }
Hunterdon county Ss. } Elizabeth L. Higbee and Lawr~
ence Lewis the executors in the within last will and
testament named, being duly sworn according to law, did
depose and say that the within Instrument contained the
true last will and Testament of Joseph Higbee, late of
the City of Trenton, deceased, the testator therein named
so far as they know and as they verily believe, that
they will well and truly perform the same by paying
first the debts of the said deceased, and then the legacies
in the said testament specified, so far as the goods, chattles
and credits of the said deceased can thereunto extend, and
that they will make and exhibit into the surrogates office
of the County of Hunterdon a true and perfect Invent-
ory of all and singular the goods, chattles, and credits
of the said deceased, that have or shall come to their
knowledge or possession, or to the possession of any other
person or persons to their use, and render a just and
true account thereof, when thereunto lawfully required.
Sworn & subscribed at Trenton } Elizabeth L. Higbee
in the County of Hunterdon } Lawrence Lewis
This 8th day of January A.D. }
1830~ Before me G. Maxwell Surgt.~
State of New Jersey Ss~
I James D. Westcott, Secretary of the
State of New Jersey and Register of the Prerogative office
of said state, do hereby certify, that the annexed is a
true copy of the last Will and testament of Joseph
Higbee, late of the county of Hunterdon in said state
deceased, and also of the probate thereof as taken
from and compared with the original now rem-
aining on file in the said Prerogative office.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 72)
Description
[page 72]
[corresponds to unlabeled page 27 of Will Records Vol. 2 - 1835-1850]
27
In testimony whereof I have hereunto set
{Seal} my hand, and affixed the Prerogative seal,
at the City of Trenton, in said state, this fifth
day of December in the year of our Lord, one thousand
eight hundred and thirty-six- (1836)
James D. Westcott~
Recorded the foregoing authenticated copy of Will May 23d 1837~
Attest. Thos Reynolds. Clerk~
Pleas held at the Court House in Delaware, on the 18th
day of May A.D. 1837, before the Honorable Joseph R. Swan
President, and Ezra Griswold & John Lugenbeel Esqrs two
of his associates, Judges of the Court of Common Pleas
in and for the county of Delaware, in the State of Ohio.
This day the last Will & testament
of John Garvin, decd, was produced in open Court & proved
by the testimony of the subscribing witnesses thereto, as
reduced to writing, approved & ordered to be recorded. And
thereupon on motion of Thos M Garvin and John Garvin
the executors in said will named, by Mr. Powell their
Atty It is ordered, that letters testamentary be granted
them, upon their entering into bonds in the sum of
$1000.00 cts. with Waitman Willey and John Hazlett as
security. And it is further ordered that Almon Starks,
Jacob Rosecrans and Nicholas Manville appraise the
personal property of said estate.
In the name of God, Amen. I John
Garvin of the township of Porter, County of Delaware, in
the State of Ohio, do make and publish, this my last will
and testament in manner and form following that is
to say~ "First, It is my will that my funeral expenses
and all my just debts be fully paid. "Second, I give, devise,
and bequeath to my beloved wife Sarah Garvin in lieu of
her dower the plantation, on which we now reside, situate
in Porter township, Delaware County and State of Ohio in
township five, range sixteen, and Section three, containing
three hundred acres, during her natural life, and all
the live stock, Horses, Cattle, Sheep, Hogs ect by me now owned
and kept thereon, also all the Household furniture, and
other items not particularly named, and otherwise disposed
of in this will, during her natural life as aforesaid.
[corresponds to unlabeled page 27 of Will Records Vol. 2 - 1835-1850]
27
In testimony whereof I have hereunto set
{Seal} my hand, and affixed the Prerogative seal,
at the City of Trenton, in said state, this fifth
day of December in the year of our Lord, one thousand
eight hundred and thirty-six- (1836)
James D. Westcott~
Recorded the foregoing authenticated copy of Will May 23d 1837~
Attest. Thos Reynolds. Clerk~
Pleas held at the Court House in Delaware, on the 18th
day of May A.D. 1837, before the Honorable Joseph R. Swan
President, and Ezra Griswold & John Lugenbeel Esqrs two
of his associates, Judges of the Court of Common Pleas
in and for the county of Delaware, in the State of Ohio.
This day the last Will & testament
of John Garvin, decd, was produced in open Court & proved
by the testimony of the subscribing witnesses thereto, as
reduced to writing, approved & ordered to be recorded. And
thereupon on motion of Thos M Garvin and John Garvin
the executors in said will named, by Mr. Powell their
Atty It is ordered, that letters testamentary be granted
them, upon their entering into bonds in the sum of
$1000.00 cts. with Waitman Willey and John Hazlett as
security. And it is further ordered that Almon Starks,
Jacob Rosecrans and Nicholas Manville appraise the
personal property of said estate.
In the name of God, Amen. I John
Garvin of the township of Porter, County of Delaware, in
the State of Ohio, do make and publish, this my last will
and testament in manner and form following that is
to say~ "First, It is my will that my funeral expenses
and all my just debts be fully paid. "Second, I give, devise,
and bequeath to my beloved wife Sarah Garvin in lieu of
her dower the plantation, on which we now reside, situate
in Porter township, Delaware County and State of Ohio in
township five, range sixteen, and Section three, containing
three hundred acres, during her natural life, and all
the live stock, Horses, Cattle, Sheep, Hogs ect by me now owned
and kept thereon, also all the Household furniture, and
other items not particularly named, and otherwise disposed
of in this will, during her natural life as aforesaid.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 73)
Description
[page 73]
[corresponds to labeled page 28 of Will Records Vol. 2 - 1835-1850]
She however first, disposing of a sufficiency thereof to pay
my just debts, as aforesaid, and at the death of my said
wife, all the property hereby devised or bequeathed to her
as aforesaid, or so much thereof as may then remain
unexpended to my six sons, and two daughters, and to
their heirs and assigns forever. "Third, I give and devise
to my eldest son Thomas M Garvin, the lot on the west
side of the creek, called and Known as big walnut, Creek
on which he now resides, containing Fifty-acres, to have
use of it, as long as his mother Sarah Garvin lives or until
Andrew B. Garvin comes of age. "Fourth, I give and devise
to my two sons, John Garvin and Conrad S. Garvin the use
of the above described plantation only the above described
fifty acres that Thomas M Garvin has the use of, so long
as they provide for my wife Sarah Garvin, and Keeps her
in the necessary comforts of life, so long as she may live.
the said John Garvin and Conrad S. Garvin to have all that
they can make on said farm after paying the expence
of the family. "Fifth, My fourth, fifth, and sixth sons
James H. Garvin, Robert Garvin, and Andrew B. Garvin,
my wish is to have them put to trades of their own choice
James H Garvin, next spring, and the other two boys Robert
Garvin, and Andrew B. Garvin when the come to the age
of fifteen or sixteen as circumstances will allow of and
admit. "Sixth, I give and devise to my two daughters, Mary
B. Garvin and Martha Garvin as long as the remain single
their living on the farm by their helping to take care of
the family. "Seventh, I give and devise all my property
that will or shall remain after the death of my wife Sarah
Garvin, and Andrew B Garvin comes of age not expended
to be sold to the best advantage, and divided equally amonst
my eight children equally, after giving my eldest son
Thomas M. Garvin, Two hundred and fifty-dollars for his
services to me after he was Twenty-one and before leaving
me. Also to my second son John Garvin Two-hundred and
fifty-dollars for his services to me after he was twenty
one, also to my daughter, Mary B. Garvin one hundred
and fifty dollars for her services after coming of age, to
them, their heirs and assigns forever. "Eighth, My
wish is that my three oldest sons, Thomas M Garvin, John
Garvin and Conrad S. Garvin, will give my daughter Mary
[corresponds to labeled page 28 of Will Records Vol. 2 - 1835-1850]
She however first, disposing of a sufficiency thereof to pay
my just debts, as aforesaid, and at the death of my said
wife, all the property hereby devised or bequeathed to her
as aforesaid, or so much thereof as may then remain
unexpended to my six sons, and two daughters, and to
their heirs and assigns forever. "Third, I give and devise
to my eldest son Thomas M Garvin, the lot on the west
side of the creek, called and Known as big walnut, Creek
on which he now resides, containing Fifty-acres, to have
use of it, as long as his mother Sarah Garvin lives or until
Andrew B. Garvin comes of age. "Fourth, I give and devise
to my two sons, John Garvin and Conrad S. Garvin the use
of the above described plantation only the above described
fifty acres that Thomas M Garvin has the use of, so long
as they provide for my wife Sarah Garvin, and Keeps her
in the necessary comforts of life, so long as she may live.
the said John Garvin and Conrad S. Garvin to have all that
they can make on said farm after paying the expence
of the family. "Fifth, My fourth, fifth, and sixth sons
James H. Garvin, Robert Garvin, and Andrew B. Garvin,
my wish is to have them put to trades of their own choice
James H Garvin, next spring, and the other two boys Robert
Garvin, and Andrew B. Garvin when the come to the age
of fifteen or sixteen as circumstances will allow of and
admit. "Sixth, I give and devise to my two daughters, Mary
B. Garvin and Martha Garvin as long as the remain single
their living on the farm by their helping to take care of
the family. "Seventh, I give and devise all my property
that will or shall remain after the death of my wife Sarah
Garvin, and Andrew B Garvin comes of age not expended
to be sold to the best advantage, and divided equally amonst
my eight children equally, after giving my eldest son
Thomas M. Garvin, Two hundred and fifty-dollars for his
services to me after he was Twenty-one and before leaving
me. Also to my second son John Garvin Two-hundred and
fifty-dollars for his services to me after he was twenty
one, also to my daughter, Mary B. Garvin one hundred
and fifty dollars for her services after coming of age, to
them, their heirs and assigns forever. "Eighth, My
wish is that my three oldest sons, Thomas M Garvin, John
Garvin and Conrad S. Garvin, will give my daughter Mary
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 74)
Description
[page 74]
[corresponds to labeled page 29 of Will Records Vol. 2 - 1835-1850]
29
B. Garvin a decent out set for Keeping house. provided she
gets married, which shall be at the discretion of her
mother when married, and to be deducted out of her part
of the property, without intererst. when the division takes
place, and all the estate settled up. "Ninthly, That my
executors take good care of the farm, and let no timber go
to waste, without what is needed, to put the farm in repair
and Keep it repairs. And lastly I hereby, constitute and
appoint, my two oldest sons, Thomas M Garvin and John
Garvin to be the executors of this my last will and testament
revoking and annuling all other wills by me made and
ratifying and confirming this and no other, to be my last
will and testament. In testimony whereof I
have hereunto set my hand, and seal, this twenty-second
day of December 1836.
signed, published & declared by } John Garvin {seal}
the above named John Garvin }
as & for his last will & testament in presence of us, who at
his request, have signed as witnesses to the same~
Waitman Willey~ Sarah Shaver.
Robert McCutchan~
Delaware County: Ss In the Court of Common
Pleas. May Term 1837~
The undersigned, Waitman Willey, Sarah Shaver & Robert
McCutchan, in open Court being duly sworn upon their
oaths do say, that they are witnesses to the last Will and
testament of John Garvin. now produced in Court, bearin
-g date the 22d day of December 1836. That the said will
was signed by the said John Garvin now deceased at the
date thereof in our presence, at this residence in Porter
township, in the said County, that the said John Garvin
then and there in our presence published the same as
his last will and testament, and we in his presence &
in the presence of each other signed our names thereto as
witnesses, at his request. That the said John Garvin at
that time was of the age of about fifty-years, and of
sound mind and memory, and not under any restraint.
And we further say, that the said John Garvin after the
making the said will, to wit, about the 11th day of March last
died, and further say not. Robert McCutchan, Sarah Shaver
Sworn & subscribed to open Court this 18th day May 1837 Waitman Willey
T. Reynolds, Clerk~
[corresponds to labeled page 29 of Will Records Vol. 2 - 1835-1850]
29
B. Garvin a decent out set for Keeping house. provided she
gets married, which shall be at the discretion of her
mother when married, and to be deducted out of her part
of the property, without intererst. when the division takes
place, and all the estate settled up. "Ninthly, That my
executors take good care of the farm, and let no timber go
to waste, without what is needed, to put the farm in repair
and Keep it repairs. And lastly I hereby, constitute and
appoint, my two oldest sons, Thomas M Garvin and John
Garvin to be the executors of this my last will and testament
revoking and annuling all other wills by me made and
ratifying and confirming this and no other, to be my last
will and testament. In testimony whereof I
have hereunto set my hand, and seal, this twenty-second
day of December 1836.
signed, published & declared by } John Garvin {seal}
the above named John Garvin }
as & for his last will & testament in presence of us, who at
his request, have signed as witnesses to the same~
Waitman Willey~ Sarah Shaver.
Robert McCutchan~
Delaware County: Ss In the Court of Common
Pleas. May Term 1837~
The undersigned, Waitman Willey, Sarah Shaver & Robert
McCutchan, in open Court being duly sworn upon their
oaths do say, that they are witnesses to the last Will and
testament of John Garvin. now produced in Court, bearin
-g date the 22d day of December 1836. That the said will
was signed by the said John Garvin now deceased at the
date thereof in our presence, at this residence in Porter
township, in the said County, that the said John Garvin
then and there in our presence published the same as
his last will and testament, and we in his presence &
in the presence of each other signed our names thereto as
witnesses, at his request. That the said John Garvin at
that time was of the age of about fifty-years, and of
sound mind and memory, and not under any restraint.
And we further say, that the said John Garvin after the
making the said will, to wit, about the 11th day of March last
died, and further say not. Robert McCutchan, Sarah Shaver
Sworn & subscribed to open Court this 18th day May 1837 Waitman Willey
T. Reynolds, Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 75)
Description
[page 75]
[corresponds to labeled page 30 of Will Records Vol. 2 - 1835-1850]
30
Recorded the foregoing Will &c. May 24th 1837~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware, on the 19th
day of May A.D. 1837. before the Honorable Joseph R. Swan
President, and Ezra Griswold & John Lugenbeel Esqrs two
of his associates, Judges of the Court of Common Pleas
in and for the County of Delaware, in the State of Ohio.
This day the last will and
testament of Peter Willey, decd, was produced in open Court
and proved, by the testimony of the subscribing witnesses
thereto as reduced to writing, approved and ordered to be
recorded I, Peter Willey
of the County of Delaware, in the State of Ohio, do make
and publish this my last will and testament in the
manner and form following, that is to say, "First, It
is my will that my funeral expences, and all my just
debts be fully paid. "Secondly, I give, devise, and bequeath
to my beloved wife, Ave Willey over and above her
dower, one mare, one Cow & heifer, two beds & bedding, one
Clock, Table, & Sugar Kettle. together with one dresser and
all the dresser or Kitchen furniture during her natural
life, and that at the death of my said wife, all the property
hereby devise or bequeathed to her as aforesaid, or so much
thereof as may then remain unexpended to my son George
and his heirs and assigns forever. "Thirdly, I give and
devise to my youngest son George Willey the farm on
which I now reside, containing twenty-six acres, and
one-hundred and six rods, be the same more or less, situate
in Troy township, Delaware County, Ohio. agreeable to the
bounds and butts, specified in a deed given by Henry Willey
and Elizabeth his wife to me, dated April 30th 1831. and
Recorded in the Recorder's office in the County aforesaid,
on the 9th of September of the year aforesaid. Also two
colts, one waggon and horse gears together with Sheep and
Hogs, and all other articles, and items, not particularly
named, and otherwise, disposed of in this will to him and
to his heirs, and assigns forever, he however first disposing
of a sufficiency thereof, to pay all my just debts as
aforesaid. "Fourthly, I give and devise to my son Henry
one dollar. "Fifthly, I give & devis to my son Thomas one dollar
[corresponds to labeled page 30 of Will Records Vol. 2 - 1835-1850]
30
Recorded the foregoing Will &c. May 24th 1837~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware, on the 19th
day of May A.D. 1837. before the Honorable Joseph R. Swan
President, and Ezra Griswold & John Lugenbeel Esqrs two
of his associates, Judges of the Court of Common Pleas
in and for the County of Delaware, in the State of Ohio.
This day the last will and
testament of Peter Willey, decd, was produced in open Court
and proved, by the testimony of the subscribing witnesses
thereto as reduced to writing, approved and ordered to be
recorded I, Peter Willey
of the County of Delaware, in the State of Ohio, do make
and publish this my last will and testament in the
manner and form following, that is to say, "First, It
is my will that my funeral expences, and all my just
debts be fully paid. "Secondly, I give, devise, and bequeath
to my beloved wife, Ave Willey over and above her
dower, one mare, one Cow & heifer, two beds & bedding, one
Clock, Table, & Sugar Kettle. together with one dresser and
all the dresser or Kitchen furniture during her natural
life, and that at the death of my said wife, all the property
hereby devise or bequeathed to her as aforesaid, or so much
thereof as may then remain unexpended to my son George
and his heirs and assigns forever. "Thirdly, I give and
devise to my youngest son George Willey the farm on
which I now reside, containing twenty-six acres, and
one-hundred and six rods, be the same more or less, situate
in Troy township, Delaware County, Ohio. agreeable to the
bounds and butts, specified in a deed given by Henry Willey
and Elizabeth his wife to me, dated April 30th 1831. and
Recorded in the Recorder's office in the County aforesaid,
on the 9th of September of the year aforesaid. Also two
colts, one waggon and horse gears together with Sheep and
Hogs, and all other articles, and items, not particularly
named, and otherwise, disposed of in this will to him and
to his heirs, and assigns forever, he however first disposing
of a sufficiency thereof, to pay all my just debts as
aforesaid. "Fourthly, I give and devise to my son Henry
one dollar. "Fifthly, I give & devis to my son Thomas one dollar
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 76)
Description
[page 76]
[corresponds to labeled page 31 of Will Records Vol. 2 - 1835-1850]
31
"Sixthly, I give and devise to my son Samuel, one-dollar.
"Seventhly, I give & devise to my daugher Elizabeth, one. dollar.
"Eighthly, I give & devise to my daughter Catherine, one-dollar.
"Ninethly, I give & devise to my daughter Barbara, one. dollar.
"Tenthly, I give & devise to my daughter Christianna, one dollar.
"Eleventhly, I give & devise to my daughter Susan, one dollar.
"Twelthly, I give & devise to my daughter Margaret, one-dollar.
"Thirteenthly, I give & devise to my daughter Sarah, one-dollar.
And lastly I hereby constitute and appoint my son Henry
Willey to be the executor for this my last will and testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last
will and testament. In testimony
whereof, I hereunto set my hand and seal this 2d day
of February, in the year of our Lord, one thousand, eight
hundred & thirty-six.
Signed, published & declared by the } Peter Willey {seal}
above named Peter Willey as & for }
his last Will & testament in presence of us, who at his
request have signed as witnesses to the same~
James Davenport
Delaware County: Ss~ William P. Eagon
Court of Common Pleas May Term 1837~
We the subscribers, James Davenport, & Wm P. Eagon being
duly sworn in open Court, upon their oaths say that they
are witnesses to the last will & testament of Peter Willey
now produced in court, bearing date the 2d day of February
1836. that the said Will, was signed by the said Peter Willey
now decd, at the date thereof, in our presence at his residen
-ce in Troy- township, in the said County, that the said Peter
Willey then & there, in our presence published the same as
his last will and testament, and we in his presence, and
in the presence of each other, signed our names thereto
as witensses at his request. That the said Peter Willey
at the time was of the age of about Sixty-years, and
of sound mind and memory, and not under any restraint.
And we further say, that the said: Peter Willey, after the
making the said Will, to wit; about the 29th day of June last died &
further say not. James Davenport
Sworn & subscribed to in open } William P. Eagon~
Court this 19th day of May A.D. 1837~} T. Reynolds~ Clerk~
[corresponds to labeled page 31 of Will Records Vol. 2 - 1835-1850]
31
"Sixthly, I give and devise to my son Samuel, one-dollar.
"Seventhly, I give & devise to my daugher Elizabeth, one. dollar.
"Eighthly, I give & devise to my daughter Catherine, one-dollar.
"Ninethly, I give & devise to my daughter Barbara, one. dollar.
"Tenthly, I give & devise to my daughter Christianna, one dollar.
"Eleventhly, I give & devise to my daughter Susan, one dollar.
"Twelthly, I give & devise to my daughter Margaret, one-dollar.
"Thirteenthly, I give & devise to my daughter Sarah, one-dollar.
And lastly I hereby constitute and appoint my son Henry
Willey to be the executor for this my last will and testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last
will and testament. In testimony
whereof, I hereunto set my hand and seal this 2d day
of February, in the year of our Lord, one thousand, eight
hundred & thirty-six.
Signed, published & declared by the } Peter Willey {seal}
above named Peter Willey as & for }
his last Will & testament in presence of us, who at his
request have signed as witnesses to the same~
James Davenport
Delaware County: Ss~ William P. Eagon
Court of Common Pleas May Term 1837~
We the subscribers, James Davenport, & Wm P. Eagon being
duly sworn in open Court, upon their oaths say that they
are witnesses to the last will & testament of Peter Willey
now produced in court, bearing date the 2d day of February
1836. that the said Will, was signed by the said Peter Willey
now decd, at the date thereof, in our presence at his residen
-ce in Troy- township, in the said County, that the said Peter
Willey then & there, in our presence published the same as
his last will and testament, and we in his presence, and
in the presence of each other, signed our names thereto
as witensses at his request. That the said Peter Willey
at the time was of the age of about Sixty-years, and
of sound mind and memory, and not under any restraint.
And we further say, that the said: Peter Willey, after the
making the said Will, to wit; about the 29th day of June last died &
further say not. James Davenport
Sworn & subscribed to in open } William P. Eagon~
Court this 19th day of May A.D. 1837~} T. Reynolds~ Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 77)
Description
[page 77]
[corresponds to labeled page 32 of Will Records Vol. 2 - 1835-1850]
32
Recorded the foregoing Will etc May 24th 1837~
Attest T. Reynolds Clerk~
Pleas held at the Court. House in Delaware, on the 15th
day of September A.D. 1837, before the Honorable Joseph
R. Swan, President & Ezra Griswold, John Brundige
& John Lugenbeel Esqrs his associates, Judges of the
Court of Common Pleas, in & for the County of Delaware,
in the State of Ohio.
This day an authenticated Copy of the
last will & testament of Wm W. Evans, late of Knox
County, in this State, having relation to real property
in this County, was presented by Mr. Fisher in behalf
of the executors to such will, and upon his motion it
is ordered by the Court here, that the same be admitted
to record. The State of Ohio, Knox County; Ss~
To all to whom these presents shall come, Greetings,
Whereas, at a Court of Common Pleas, held at
{seal} Mount Vernon, within & for the County of Knox,
& State of Ohio, before the President & Associate
Judges thereof, on the 17th day of October in the year of
our Lord, eighteen hundred and thirty-six. The last
Will & testament of Wm W. Evans deceased, was produ-
ced in Court proved & admitted to record /a certified
copy of said Will & proof is hereunto annexed/ And the
said deceased, having whilst living, & at the time of his
death, goods, chattels & credits within this State, by means
whereof the proving & registering said Will, & the grant-
ing of administration of all & singular the goods, chattels
and credits; and also the auditing, allowing & finally
adjusting & discharging the accounts thereof doth apper-
tain & belong to said Court. Therefore the administration
of all an singular, the goods, chattels & credits of the said
deceased, & all things in any way concerning his Will,
is granted unto Thomas Evans & Moses Powell the
executors in said Will named. They being first duly
sworn are hereby required well & faithfully to adminis-
ter the same, & to make & exhibit to said Court as true &
perfect inventory of all an singular the said goods, chat-
tels and credits; And also to render a just and true acc-
ount thereof, when thereunto required.
[corresponds to labeled page 32 of Will Records Vol. 2 - 1835-1850]
32
Recorded the foregoing Will etc May 24th 1837~
Attest T. Reynolds Clerk~
Pleas held at the Court. House in Delaware, on the 15th
day of September A.D. 1837, before the Honorable Joseph
R. Swan, President & Ezra Griswold, John Brundige
& John Lugenbeel Esqrs his associates, Judges of the
Court of Common Pleas, in & for the County of Delaware,
in the State of Ohio.
This day an authenticated Copy of the
last will & testament of Wm W. Evans, late of Knox
County, in this State, having relation to real property
in this County, was presented by Mr. Fisher in behalf
of the executors to such will, and upon his motion it
is ordered by the Court here, that the same be admitted
to record. The State of Ohio, Knox County; Ss~
To all to whom these presents shall come, Greetings,
Whereas, at a Court of Common Pleas, held at
{seal} Mount Vernon, within & for the County of Knox,
& State of Ohio, before the President & Associate
Judges thereof, on the 17th day of October in the year of
our Lord, eighteen hundred and thirty-six. The last
Will & testament of Wm W. Evans deceased, was produ-
ced in Court proved & admitted to record /a certified
copy of said Will & proof is hereunto annexed/ And the
said deceased, having whilst living, & at the time of his
death, goods, chattels & credits within this State, by means
whereof the proving & registering said Will, & the grant-
ing of administration of all & singular the goods, chattels
and credits; and also the auditing, allowing & finally
adjusting & discharging the accounts thereof doth apper-
tain & belong to said Court. Therefore the administration
of all an singular, the goods, chattels & credits of the said
deceased, & all things in any way concerning his Will,
is granted unto Thomas Evans & Moses Powell the
executors in said Will named. They being first duly
sworn are hereby required well & faithfully to adminis-
ter the same, & to make & exhibit to said Court as true &
perfect inventory of all an singular the said goods, chat-
tels and credits; And also to render a just and true acc-
ount thereof, when thereunto required.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 78)
Description
[page 78]
[corresponds to labeled page 33 of Will Records Vol. 2 - 1835-1850]
33
In testimony whereof, we have caused the seal of our said
Court to be affixed to these presents, Witnesses. Ezra Dean
Esqr, President of our said Court, this 17th day of October
A.D. 1836. Alex Elliott Clerk~
Court of Common Pleas, Knox County, Ohio~
October Term. A.D. 1836~ Be it remembered, that on
this day the last Will & testament of Wm W. Evans, deceased,
was produced in Court, & Moses Powell & Byram Beers the
subscribing witnesses thereto being in open Court, duly sworn
and interrogated, depose, and say, that they saw the said
deceased sign the said Will, and heard him acknowledge
the same to be his last will & testament, and that in the
presence, & by the express direction of the testator, they signed
the same as witnesses. And the said witnesses being further
interrogated, state that the said testator, at the time of
signing the said Will, was of sound mind & memory, of
full age, and not under any restraint to the best of their
belief. Whereupon it appearing to the Court that said Will
was duly executed, it is ordered that letters testamentary
issue to Thomas Evans & Moses Powell the executors in
said Will named, upon their entering into bond in the
sum of Twelve hundred dollars, with Byram Beers and
James Holt who are approved of as bail, and it is further
ordered that the Clerk record said Will, and the proof above
taken; and it is further ordered by the Court that Benja-
min Jones, John George and David Reese, appraise the
personal estate of said deceased, thereupon the said Thomas
Evans, and Moses Powell, appeared in open Court, and were
duly sworn agreeably to law. Mary Evans, widow of the
said deceased, appeared in open Court and relinquished her
right to dower, & elected to take under the Will, which said
Will so proved and ordered to be recorded reads in the words
and figures following~ to wit~ "In the name of God. Amen.
I, William. W. Evans of Chester Township, Knox County, in
the State of Ohio, being weak in body but sound & disposing
mind, memory and understanding, do make and publish
this my last Will and testament in manner & form
following, that is to say~ "First~ It is my will that my
funeral expenses and all my just debts be fully paid.
"Second~ I give devise & bequeath to my beloved wife Mary
Evans in lieu of her dower, the Plantation on which we
[corresponds to labeled page 33 of Will Records Vol. 2 - 1835-1850]
33
In testimony whereof, we have caused the seal of our said
Court to be affixed to these presents, Witnesses. Ezra Dean
Esqr, President of our said Court, this 17th day of October
A.D. 1836. Alex Elliott Clerk~
Court of Common Pleas, Knox County, Ohio~
October Term. A.D. 1836~ Be it remembered, that on
this day the last Will & testament of Wm W. Evans, deceased,
was produced in Court, & Moses Powell & Byram Beers the
subscribing witnesses thereto being in open Court, duly sworn
and interrogated, depose, and say, that they saw the said
deceased sign the said Will, and heard him acknowledge
the same to be his last will & testament, and that in the
presence, & by the express direction of the testator, they signed
the same as witnesses. And the said witnesses being further
interrogated, state that the said testator, at the time of
signing the said Will, was of sound mind & memory, of
full age, and not under any restraint to the best of their
belief. Whereupon it appearing to the Court that said Will
was duly executed, it is ordered that letters testamentary
issue to Thomas Evans & Moses Powell the executors in
said Will named, upon their entering into bond in the
sum of Twelve hundred dollars, with Byram Beers and
James Holt who are approved of as bail, and it is further
ordered that the Clerk record said Will, and the proof above
taken; and it is further ordered by the Court that Benja-
min Jones, John George and David Reese, appraise the
personal estate of said deceased, thereupon the said Thomas
Evans, and Moses Powell, appeared in open Court, and were
duly sworn agreeably to law. Mary Evans, widow of the
said deceased, appeared in open Court and relinquished her
right to dower, & elected to take under the Will, which said
Will so proved and ordered to be recorded reads in the words
and figures following~ to wit~ "In the name of God. Amen.
I, William. W. Evans of Chester Township, Knox County, in
the State of Ohio, being weak in body but sound & disposing
mind, memory and understanding, do make and publish
this my last Will and testament in manner & form
following, that is to say~ "First~ It is my will that my
funeral expenses and all my just debts be fully paid.
"Second~ I give devise & bequeath to my beloved wife Mary
Evans in lieu of her dower, the Plantation on which we
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 79)
Description
[page 79]
[corresponds to page 34 of Will Records Vol. 2 - 1835-1850]
34
now reside, situate in Chester Township, Knox County &
State of Ohio, containing one hundred and twenty-five
acres, more particularly described in my deeds recorded
at Mount Vernon, during her natural life, and one third
part of all my personal property and money for her use
during her natural life, after all my just debts & funeral
expenses be first paid. "Third, I give and devise to my
son Thomas Evans the farm on which he now resides.
situate in Harmony Township, Delaware County, in
the State of Ohio, which I have deeded to to him in a
deed bearing date August eleventh A.D. 1836 and I con-
sider to be his full share of all my real & personal prop-
erty. "Fourth, I give and bequeath to my son Benjamin
Evans the Plantation on which we now reside, containing
one hundred and twenty five acres as described above
after the death of my beloved wife Mary Evans, he how-
ever to pay my daughter Catherine Evans one hundred
dollars when he arrives to the age of twenty two years,
and one hundred dollars to my daughter Juliann
Evans when he arrives to the age of Twenty three years.
"Fifth, I give and bequeath to my daughter Mary Howard,
Elizabeth Salisbury, Rachel Hayden, Hannah Mere-
dith, Katharine Evans, & Juliann Evans the remaining
two thirds of all my personal property & money, and
also my interest in an undivided tract of land in
partnership with Joseph Morris containing in all
eighty acres lying in Harmony township, Delaware
County and State of Ohio, each to have an equal share
except that my beloved wife Mary Evans is to have an
equal share with my daughters in the last described
tract of land. And lastly I hereby constitute and app-
oint my said son Thomas Evans and Moses Powell to
be the Executors of this my last Will and testament
revoking and annulling all former Wills by me made
and ratifying and confirming this and no other to
be~ last Will and testament. In testimony whereof
I have hereunto set my hand and seal this eleven-
th day of August A.D. 1836. William W $ (his mark) Evans
Signed, published and declared by the above named
William W. Evans as and for his last Will and Testament
in presence of us who at his request have signed as
[corresponds to page 34 of Will Records Vol. 2 - 1835-1850]
34
now reside, situate in Chester Township, Knox County &
State of Ohio, containing one hundred and twenty-five
acres, more particularly described in my deeds recorded
at Mount Vernon, during her natural life, and one third
part of all my personal property and money for her use
during her natural life, after all my just debts & funeral
expenses be first paid. "Third, I give and devise to my
son Thomas Evans the farm on which he now resides.
situate in Harmony Township, Delaware County, in
the State of Ohio, which I have deeded to to him in a
deed bearing date August eleventh A.D. 1836 and I con-
sider to be his full share of all my real & personal prop-
erty. "Fourth, I give and bequeath to my son Benjamin
Evans the Plantation on which we now reside, containing
one hundred and twenty five acres as described above
after the death of my beloved wife Mary Evans, he how-
ever to pay my daughter Catherine Evans one hundred
dollars when he arrives to the age of twenty two years,
and one hundred dollars to my daughter Juliann
Evans when he arrives to the age of Twenty three years.
"Fifth, I give and bequeath to my daughter Mary Howard,
Elizabeth Salisbury, Rachel Hayden, Hannah Mere-
dith, Katharine Evans, & Juliann Evans the remaining
two thirds of all my personal property & money, and
also my interest in an undivided tract of land in
partnership with Joseph Morris containing in all
eighty acres lying in Harmony township, Delaware
County and State of Ohio, each to have an equal share
except that my beloved wife Mary Evans is to have an
equal share with my daughters in the last described
tract of land. And lastly I hereby constitute and app-
oint my said son Thomas Evans and Moses Powell to
be the Executors of this my last Will and testament
revoking and annulling all former Wills by me made
and ratifying and confirming this and no other to
be~ last Will and testament. In testimony whereof
I have hereunto set my hand and seal this eleven-
th day of August A.D. 1836. William W $ (his mark) Evans
Signed, published and declared by the above named
William W. Evans as and for his last Will and Testament
in presence of us who at his request have signed as
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 80)
Description
[page 80]
[corresponds to labeled page 35 of Will Records Vol. 2 - 1835-1850]
35
witnesses to the same. Moses Powell, Byram Beers~
The Seal of Ohio, Knox County; Ss~
{seal} I hereby certify the foregoing to be a true copy
of the last will & testament of Wm W. Evans, deceased
now on file in my office and recorded in Record of Wills
Book A, page 286 Ss. ect~ In testimony whereof I have
hereunto subscribed my name, and affixed my seal
of office, at Mount Vernon, this 16th day of January 1837~
Alexr Elliott, Clerk~
Recorded the foregoing authenticated Copy of Will. Septr 21st 1837~
Attest~ T. Reynolds, Clerk~
Pleas held at the Court House in Delaware, on the 16th day
of September A.D. 1837, before the Honorable Joseph R.
Swan President, & Ezra Griswold, John Brundige and
John Lugenbeel Esqrs his associates, Judges of the Court of
Common Plea,. in & for the County of Delaware, in the
State of Ohio.
This day the last will and testament of Lewis
Perry deceased, was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved and ordered to be recorded
And thereupon, on motion of Levi Meredith the executor
in said will named, it is ordered that letters testament
-ary be granted him, upon his entering into bonds in
the sum of $1500.00 cts. with Increase Speer & Squire Whe-
-aton as security. And it is further ordered that George
Clark, Moses. J. Cobus & Alexander. G. Henderson appr-
-aise the personal property of said estate.
I Lewis Perry of the County of Delaware, in the State of Ohio,
do make and publish this my last will and testament in
manner and form following, that is to say, "1st~ It is my
will that my funeral expences and all my just debts be
fully paid. 2nd~ I give, devise and bequeath to my belo-
-ved wife Phebe Perry in lieu of her dower the plantation
on which we now reside, situate in the County and
State aforesaid, in township four, Section twelve, Range
Sixteen, containing forty acres be the same more or less,
during her natural life, and all the live stock. Cows,
hogs, by me now owned and Kept thereon, also all the
household furniture and other items not particular
[corresponds to labeled page 35 of Will Records Vol. 2 - 1835-1850]
35
witnesses to the same. Moses Powell, Byram Beers~
The Seal of Ohio, Knox County; Ss~
{seal} I hereby certify the foregoing to be a true copy
of the last will & testament of Wm W. Evans, deceased
now on file in my office and recorded in Record of Wills
Book A, page 286 Ss. ect~ In testimony whereof I have
hereunto subscribed my name, and affixed my seal
of office, at Mount Vernon, this 16th day of January 1837~
Alexr Elliott, Clerk~
Recorded the foregoing authenticated Copy of Will. Septr 21st 1837~
Attest~ T. Reynolds, Clerk~
Pleas held at the Court House in Delaware, on the 16th day
of September A.D. 1837, before the Honorable Joseph R.
Swan President, & Ezra Griswold, John Brundige and
John Lugenbeel Esqrs his associates, Judges of the Court of
Common Plea,. in & for the County of Delaware, in the
State of Ohio.
This day the last will and testament of Lewis
Perry deceased, was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved and ordered to be recorded
And thereupon, on motion of Levi Meredith the executor
in said will named, it is ordered that letters testament
-ary be granted him, upon his entering into bonds in
the sum of $1500.00 cts. with Increase Speer & Squire Whe-
-aton as security. And it is further ordered that George
Clark, Moses. J. Cobus & Alexander. G. Henderson appr-
-aise the personal property of said estate.
I Lewis Perry of the County of Delaware, in the State of Ohio,
do make and publish this my last will and testament in
manner and form following, that is to say, "1st~ It is my
will that my funeral expences and all my just debts be
fully paid. 2nd~ I give, devise and bequeath to my belo-
-ved wife Phebe Perry in lieu of her dower the plantation
on which we now reside, situate in the County and
State aforesaid, in township four, Section twelve, Range
Sixteen, containing forty acres be the same more or less,
during her natural life, and all the live stock. Cows,
hogs, by me now owned and Kept thereon, also all the
household furniture and other items not particular
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 81)
Description
[page 81]
[corresponds to labeled page 36 of Will Records Vol. 2 - 1835-1850]
36
named and otherwise Disposed of in this will, During
her natural Life as aforesaid. She however first disposing
of a sufficiency thereof to pay my just debts as aforesaid
and that at the death of my said wife, all the property
hereby Devised or Bequeathed to her as aforesaid, or so
much thereof as may then remain unexpended, to
my daughter Rosenah Perry and to her heirs and assigns
forever. "3rd I give and Devise to my only Daughter, Rosenah
Perry all my rights, claims, Dowers, Gifts, Grants or Rights
of Dower and Remainders or Reversions whatever and to
her heirs and assigns forever. "4th and Lastly I hereby con-
stitute and appoint Levi Meredith to be the Executor
for this my last will and testament, revoking and
annulling all former wills by me made and ratifying
and confirming this and no other to be my last will
and testament. In testimony whereof, I have here-
unto set my hand and seal this seventeenth day of
July, one thousand eight hundred and thirty seven.
Lewis Perry {seal}
Signed, published and declared_the above named
Lewis Perry as and for his last will and testament in
presence of us, who at his request, have signed as witn-
esses_ the same. Squire Wheaten, Encries G. Speer~
Personally appeared in open Court Encries. and
Squire Wheaten. witnesses of the Will of Lewis Perry, decd
late of Trenton township, Deleware County, and having
been duly sworn, depose and say that Lewis Perry
died on or about the 26th day of July 1837 that about
a week previous he made his last will at the time
he executed it he was we believe of sound mind and
memory, and not under any restraint, this was done
in our presence, and at the request of the deceased, we
witnessed the will~ Squire Wheaton
Encries. G. Speer~
Sworn to & subscribed in open Court, this 16th day
of September A.D. 1837. T. Reynolds, Clerk~
Recorded the foregoing Will ect Septr 21st 1837.
Attest T. Reynolds, Clerk~
[corresponds to labeled page 36 of Will Records Vol. 2 - 1835-1850]
36
named and otherwise Disposed of in this will, During
her natural Life as aforesaid. She however first disposing
of a sufficiency thereof to pay my just debts as aforesaid
and that at the death of my said wife, all the property
hereby Devised or Bequeathed to her as aforesaid, or so
much thereof as may then remain unexpended, to
my daughter Rosenah Perry and to her heirs and assigns
forever. "3rd I give and Devise to my only Daughter, Rosenah
Perry all my rights, claims, Dowers, Gifts, Grants or Rights
of Dower and Remainders or Reversions whatever and to
her heirs and assigns forever. "4th and Lastly I hereby con-
stitute and appoint Levi Meredith to be the Executor
for this my last will and testament, revoking and
annulling all former wills by me made and ratifying
and confirming this and no other to be my last will
and testament. In testimony whereof, I have here-
unto set my hand and seal this seventeenth day of
July, one thousand eight hundred and thirty seven.
Lewis Perry {seal}
Signed, published and declared_the above named
Lewis Perry as and for his last will and testament in
presence of us, who at his request, have signed as witn-
esses_ the same. Squire Wheaten, Encries G. Speer~
Personally appeared in open Court Encries. and
Squire Wheaten. witnesses of the Will of Lewis Perry, decd
late of Trenton township, Deleware County, and having
been duly sworn, depose and say that Lewis Perry
died on or about the 26th day of July 1837 that about
a week previous he made his last will at the time
he executed it he was we believe of sound mind and
memory, and not under any restraint, this was done
in our presence, and at the request of the deceased, we
witnessed the will~ Squire Wheaton
Encries. G. Speer~
Sworn to & subscribed in open Court, this 16th day
of September A.D. 1837. T. Reynolds, Clerk~
Recorded the foregoing Will ect Septr 21st 1837.
Attest T. Reynolds, Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 82)
Description
[page 82]
[corresponds to labeled page 37 of Will Records Vol. 2 - 1835-1850]
37
Pleas at a Special Court, held at the Court House, in Delaware
on the 27th day of September A.D. 1837, before the Honorable
Ezra Griswold, John Brundige & John Lugenbeel, associate
Judges of the Court of Common Pleas, in & for the County of
Delaware, in the State of Ohio.
This day the last will and
testament of Christopher Moore decd was produced in
open Court & proved by the testimony of two of the subscribing
witnesses thereto as reduced to writing, approved & ordered
to be recorded. And thereupon on motion of Francis
Maze the Executor in said will named, it is ordered that
letters testamentary be granted him, upon his entering
into bonds in the sum of $300.00? with Emery Moore
& John. G. Curry as securety. And it is further ordered
that Hugh. T. Cunningham, Roswell Fields & William
Gallant appraise the personal property of said estate.
I Christopher Moore of the County of Delaware, in the
State of Ohio, do make and publish this my last will
and testament in manner and form following, that is
to say; "First, It is my will that my funeral expences,
and all my just debts be fully paid. "Second, I give,
devise and bequeath to my beloved wife Catherine
Moore in lieu of her dower the plantation on which we
now reside, situate in the County and State aforesaid,
containing about one hundred and eleven acres during
her natural life, and all the live stock, horses, cattle, sheep,
hogs &c by me now owned and Kept thereon, also all the
household furniture, and other items not particularly
named, and otherwise disposed of in this will, during
her natural life as aforesaid, she however first disposing
of a sufficiency thereof to pay my just debts as aforesaid.
and that at the death of my said wife, one thousand dol-
lars to my brother Thomas Moore living in Ireland,
Dublin high St. and to his heirs and assigns forever, the
remainder (if any) at her own disposal after all just
demands are paid. And lastly, I hereby constitute
and appoint Francis Maize to be the Executor for this
my last will and testament, revoking and annulling
all former wills by me made and ratifying & confirm-
ing this and no other to be my last will & testament.
[corresponds to labeled page 37 of Will Records Vol. 2 - 1835-1850]
37
Pleas at a Special Court, held at the Court House, in Delaware
on the 27th day of September A.D. 1837, before the Honorable
Ezra Griswold, John Brundige & John Lugenbeel, associate
Judges of the Court of Common Pleas, in & for the County of
Delaware, in the State of Ohio.
This day the last will and
testament of Christopher Moore decd was produced in
open Court & proved by the testimony of two of the subscribing
witnesses thereto as reduced to writing, approved & ordered
to be recorded. And thereupon on motion of Francis
Maze the Executor in said will named, it is ordered that
letters testamentary be granted him, upon his entering
into bonds in the sum of $300.00? with Emery Moore
& John. G. Curry as securety. And it is further ordered
that Hugh. T. Cunningham, Roswell Fields & William
Gallant appraise the personal property of said estate.
I Christopher Moore of the County of Delaware, in the
State of Ohio, do make and publish this my last will
and testament in manner and form following, that is
to say; "First, It is my will that my funeral expences,
and all my just debts be fully paid. "Second, I give,
devise and bequeath to my beloved wife Catherine
Moore in lieu of her dower the plantation on which we
now reside, situate in the County and State aforesaid,
containing about one hundred and eleven acres during
her natural life, and all the live stock, horses, cattle, sheep,
hogs &c by me now owned and Kept thereon, also all the
household furniture, and other items not particularly
named, and otherwise disposed of in this will, during
her natural life as aforesaid, she however first disposing
of a sufficiency thereof to pay my just debts as aforesaid.
and that at the death of my said wife, one thousand dol-
lars to my brother Thomas Moore living in Ireland,
Dublin high St. and to his heirs and assigns forever, the
remainder (if any) at her own disposal after all just
demands are paid. And lastly, I hereby constitute
and appoint Francis Maize to be the Executor for this
my last will and testament, revoking and annulling
all former wills by me made and ratifying & confirm-
ing this and no other to be my last will & testament.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 83)
Description
[page 83]
[corresponds to labeled page 38 of Will Records Vol. 2 - 1835-1850]
38
In testimony whereof I have hereunto set my hand,
and seal, this thirteenth day of September, one thou-
sand eight hundred and thirty seven.
Christopher Moore~
Signed, published and declared by the above named
Christopher Moore as and for his last will and testament
in presence of us, who at his request, have signed as wit-
nesses to the same. Hugh T. Cunningham
John. G. Curry. William Gallant~
State of Ohio, Delaware County; Ss~
At a special Session of the Court of Common Pleas.
held by the Associate Judges, at the Court House Septr 27th
1837. Hugh. T. Cunningham and John. G. Curry
being duly sworn in open Court, upon their oaths say
that the paper here produced in Court, purporting to
be the last will & testament of Christopher Moore, bear-
ing date the thirteenth day of September 1837 is the
will and testament of the said Christopher Moore by
him on the said day & year last mentioned at his
residence in Thompson Township in the said County,
published and declared then and there as such, that the
said will & testament was then and there signed by the
said Cunningham for the said Moore, in the presence of
the said Moore and by his express direction, that these
deponents then and there at the request of the said Moore
in his presence and in the presence of each other signed
their names to the said will as witnesses, and then
and there heard the said Moore acknowledge the sign_
ing thereof to be his act, and as his last will & testament
they further say that the said Moore was at the time
aforesaid at least sixty years of age, of soud mind
and memory, and not under any restraint, and fur-
ther say not. Hugh T. Cunningham
John G. Curry
Sworn to & subscribed in Open Court Septr 27th 1837~
T. Reynolds, Clerk~
Recorded the foregoing Will &c Septr 28th 1837~
Attest, T. Reynolds, Clerk~
[corresponds to labeled page 38 of Will Records Vol. 2 - 1835-1850]
38
In testimony whereof I have hereunto set my hand,
and seal, this thirteenth day of September, one thou-
sand eight hundred and thirty seven.
Christopher Moore~
Signed, published and declared by the above named
Christopher Moore as and for his last will and testament
in presence of us, who at his request, have signed as wit-
nesses to the same. Hugh T. Cunningham
John. G. Curry. William Gallant~
State of Ohio, Delaware County; Ss~
At a special Session of the Court of Common Pleas.
held by the Associate Judges, at the Court House Septr 27th
1837. Hugh. T. Cunningham and John. G. Curry
being duly sworn in open Court, upon their oaths say
that the paper here produced in Court, purporting to
be the last will & testament of Christopher Moore, bear-
ing date the thirteenth day of September 1837 is the
will and testament of the said Christopher Moore by
him on the said day & year last mentioned at his
residence in Thompson Township in the said County,
published and declared then and there as such, that the
said will & testament was then and there signed by the
said Cunningham for the said Moore, in the presence of
the said Moore and by his express direction, that these
deponents then and there at the request of the said Moore
in his presence and in the presence of each other signed
their names to the said will as witnesses, and then
and there heard the said Moore acknowledge the sign_
ing thereof to be his act, and as his last will & testament
they further say that the said Moore was at the time
aforesaid at least sixty years of age, of soud mind
and memory, and not under any restraint, and fur-
ther say not. Hugh T. Cunningham
John G. Curry
Sworn to & subscribed in Open Court Septr 27th 1837~
T. Reynolds, Clerk~
Recorded the foregoing Will &c Septr 28th 1837~
Attest, T. Reynolds, Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 84)
Description
[page 84]
[corresponds to labeled page 39 of Will Records Vol. 2 - 1835-1850]
39
Pleas held at the Court House in Delaware on the
20th day of March A.D. 1838 before the Honorable
Joseph R. Swan President, & Ezra Griswold, John
Brundige & John Lugenbeel Esqrs his associates,
Judges of the Court of Common Pleas in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament of
James Trindle decd was produced in open Court
& proved by the testimony of the subscribing wit-
-nesses thereto as reduced to writing, approved &
ordered to be recorded. And thereupon Ann
Trindle the Executrix in said will named refu-
-sing to act, on motion. It is ordered that letters
of Administration with the will annexed be
granted to David Mitchel who is ordered to
enter into bonds in the sum of $6000.00? with
John Brundige 2d & William Brundige as
security. It is further ordered that Henry
Patee, Alva Patee & Jonathan Coomer appraise
the personal property of said estate.
I James Trindle of the County of Delaware
in the State of Ohio do make & publish this my
last will & testament in manner & form following-
-ing that is to say. First, I give devise and
bequeath to my wife Anna Trindle all the live
stock, Horses, Cows, Sheep, Hogs by me now
owned also all the household furniture & other
items not particularly named, also all the
farming utensils and the other articles of husbandry
also all the money due me except fourteen hun-
-dred & seventy dollars due me by Even Noris the
interest of the last named sum I also give to my
wife if she needs it for the support of the family
and that at the death of my said wife, all the
property hereby devised or bequeathed to her as
aforesaid, or so much thereof as may then remain
unexpended to my two eldest sons John B. and
James B. Trindle & to their heirs & assigns forever.
Second, I give and devise to my eight daughters
Mary, Elizabeth, Loiza, Sarah, Nancy, Margaret
Jennett, Florilla, fourteen hundred and seventy
[corresponds to labeled page 39 of Will Records Vol. 2 - 1835-1850]
39
Pleas held at the Court House in Delaware on the
20th day of March A.D. 1838 before the Honorable
Joseph R. Swan President, & Ezra Griswold, John
Brundige & John Lugenbeel Esqrs his associates,
Judges of the Court of Common Pleas in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament of
James Trindle decd was produced in open Court
& proved by the testimony of the subscribing wit-
-nesses thereto as reduced to writing, approved &
ordered to be recorded. And thereupon Ann
Trindle the Executrix in said will named refu-
-sing to act, on motion. It is ordered that letters
of Administration with the will annexed be
granted to David Mitchel who is ordered to
enter into bonds in the sum of $6000.00? with
John Brundige 2d & William Brundige as
security. It is further ordered that Henry
Patee, Alva Patee & Jonathan Coomer appraise
the personal property of said estate.
I James Trindle of the County of Delaware
in the State of Ohio do make & publish this my
last will & testament in manner & form following-
-ing that is to say. First, I give devise and
bequeath to my wife Anna Trindle all the live
stock, Horses, Cows, Sheep, Hogs by me now
owned also all the household furniture & other
items not particularly named, also all the
farming utensils and the other articles of husbandry
also all the money due me except fourteen hun-
-dred & seventy dollars due me by Even Noris the
interest of the last named sum I also give to my
wife if she needs it for the support of the family
and that at the death of my said wife, all the
property hereby devised or bequeathed to her as
aforesaid, or so much thereof as may then remain
unexpended to my two eldest sons John B. and
James B. Trindle & to their heirs & assigns forever.
Second, I give and devise to my eight daughters
Mary, Elizabeth, Loiza, Sarah, Nancy, Margaret
Jennett, Florilla, fourteen hundred and seventy
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 85)
Description
[page 85]
[corresponds to labeled page 40 of Will Records Vol. 2 - 1835-1850]
40
dollars due me by E. Norris the interest of
of said money if not needed for the support of the
family. Third, I give and devise to my third son
William. B. Trindle the west half of the south east
quarter of section No. fourteen in Township No.
seven of range No. seventeen M.Y. containing
eighty six acres more or less to him the said
William B. Trindle his heirs and assigns forever.
And lastly I hereby constitute & appoint my
wife said Anna Trindle to be the Executor for
this my last will & testament, revoking and
annulling all former wills by me made and
ratifying and confirming this and no other to
be my last will & testament. I testimony
whereof I have hereunto set my hand & seal
this 28th day of June 1837.
James Trindle {seal}
Signed, Published & declared by the above named
James Trindle as & for his last will & testament
in presence of us who at his request have sign-
-ed as witnesses to the same.
John Brundige 2nd ~ David Mitchell~
State of Ohio Delaware County; Ss.
Personally appeared in open Court John Brundige
2nd & David Mitchell who being duly sworn on
their oath say that they saw James Trindle sign
the will here presented, that said Trindle requested
the deponents to sign it as witnesses that it was
his last will & testament that said Trindle was
of sound & disposing mind & memory, and not
under any restraint, that they severally signed
their names at his request, and that said testator
is now dead. John Brundige
David Mitchell~
Sworn & subscribed in open Court March 20th 1838
T. Reynolds Clerk~
Recorded the foregoing Will etc March 28th 1838~
Attest~ T. Reynolds Clerk~
[corresponds to labeled page 40 of Will Records Vol. 2 - 1835-1850]
40
dollars due me by E. Norris the interest of
of said money if not needed for the support of the
family. Third, I give and devise to my third son
William. B. Trindle the west half of the south east
quarter of section No. fourteen in Township No.
seven of range No. seventeen M.Y. containing
eighty six acres more or less to him the said
William B. Trindle his heirs and assigns forever.
And lastly I hereby constitute & appoint my
wife said Anna Trindle to be the Executor for
this my last will & testament, revoking and
annulling all former wills by me made and
ratifying and confirming this and no other to
be my last will & testament. I testimony
whereof I have hereunto set my hand & seal
this 28th day of June 1837.
James Trindle {seal}
Signed, Published & declared by the above named
James Trindle as & for his last will & testament
in presence of us who at his request have sign-
-ed as witnesses to the same.
John Brundige 2nd ~ David Mitchell~
State of Ohio Delaware County; Ss.
Personally appeared in open Court John Brundige
2nd & David Mitchell who being duly sworn on
their oath say that they saw James Trindle sign
the will here presented, that said Trindle requested
the deponents to sign it as witnesses that it was
his last will & testament that said Trindle was
of sound & disposing mind & memory, and not
under any restraint, that they severally signed
their names at his request, and that said testator
is now dead. John Brundige
David Mitchell~
Sworn & subscribed in open Court March 20th 1838
T. Reynolds Clerk~
Recorded the foregoing Will etc March 28th 1838~
Attest~ T. Reynolds Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 86)
Description
[page 86]
[corresponds to labeled page 41 of Will Records Vol. 2 - 1835-1850]
41
Pleas held at the Court House in Delaware on the
the 20th day of March A.D. 1838 before the Honorable
Joseph R. Swan President, & Ezra Griswold. John
Brundige & John Lugenbeel Exqrs his Associates,
Judges of the Court of Common Pleas in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament
of Watkin Watkins decd was produced in open
Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved
& ordered to be recorded. And thereupon on motion
of Evan Watkins & John Watkins the Exrs in
said will named, It is ordered that letters tes-
-tamentary be granted them upon their entering
into bonds in the sum of $500.00? with John
Fleming & Prior Cox as security. It is further ordered
that Morgan Williams, George Wolfley and James
Kyle appraise the personal property of said estate.
In the name of God. Amen~
I Watkin Watkins of Radnor township Delaware
County & State of Ohio do make & publish this my
last will & testament. Item 1st It is my will that
my funeral expenses be fully paid. Item 2d I give
& devise to my beloved wife Elizabeth in lieu of
her dower the farm on which we now reside,
situate in the township of Radnor and described
as follows/ to wit/ Lot No. eight in the fourth section
of the sixth township of the twentieth Range of the
United States Military Lands in the State of Ohio
during her natural life also two beds & bedding
one bureau two tables one Cow four Sheep & to
the amount of ten dollars of any other property
that she may see proper to choose. Item 3rd I
give and devise to my son Evan Watkins the sum
of fifty dollars to be paid as hereinafter mentioned
Item 4th. I give & devise to my son Robert Watkins
the sum of Five Dollars to be paid as hereinafter
mentioned. Item 5th I give & devise to my son
Thomas Watkins the sum of One hundred dollars
to be paid as hereinafter mentioned. Item 6th,
I give & devise to my daughter Charlotte Lawrence
[corresponds to labeled page 41 of Will Records Vol. 2 - 1835-1850]
41
Pleas held at the Court House in Delaware on the
the 20th day of March A.D. 1838 before the Honorable
Joseph R. Swan President, & Ezra Griswold. John
Brundige & John Lugenbeel Exqrs his Associates,
Judges of the Court of Common Pleas in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament
of Watkin Watkins decd was produced in open
Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved
& ordered to be recorded. And thereupon on motion
of Evan Watkins & John Watkins the Exrs in
said will named, It is ordered that letters tes-
-tamentary be granted them upon their entering
into bonds in the sum of $500.00? with John
Fleming & Prior Cox as security. It is further ordered
that Morgan Williams, George Wolfley and James
Kyle appraise the personal property of said estate.
In the name of God. Amen~
I Watkin Watkins of Radnor township Delaware
County & State of Ohio do make & publish this my
last will & testament. Item 1st It is my will that
my funeral expenses be fully paid. Item 2d I give
& devise to my beloved wife Elizabeth in lieu of
her dower the farm on which we now reside,
situate in the township of Radnor and described
as follows/ to wit/ Lot No. eight in the fourth section
of the sixth township of the twentieth Range of the
United States Military Lands in the State of Ohio
during her natural life also two beds & bedding
one bureau two tables one Cow four Sheep & to
the amount of ten dollars of any other property
that she may see proper to choose. Item 3rd I
give and devise to my son Evan Watkins the sum
of fifty dollars to be paid as hereinafter mentioned
Item 4th. I give & devise to my son Robert Watkins
the sum of Five Dollars to be paid as hereinafter
mentioned. Item 5th I give & devise to my son
Thomas Watkins the sum of One hundred dollars
to be paid as hereinafter mentioned. Item 6th,
I give & devise to my daughter Charlotte Lawrence
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 87)
Description
[page 87]
[corresponds to labeled page 42 of Will Records Vol. 2 - 1835-1850]
42
the sum of one hundred & fifty dollars to be paid
as herein after mentioned. Item 7th I give and
devise to my daughter Mary Bennett the following
described tract of Land to wit, commencing at the
south east corner of Hugh Kyle lands thence
east five rods of the frame house of said Mary
Bennett thence North sixteen rods, thence west
to said Hugh Kyle's line thence south to the place
of beginning being in lot No. 8 Section 4 Township
six Range 20. U.S. Military Lands in Delaware
County & State of Ohio supposed to contain two
acres and eight rods. Item 8th. I give and devise
to my son John Watkins the farm on which
we now reside situate in the Township of Radnor
& described as follows /to wit/ Lot No. eight /8/ in
the fourth section /4/ of the sixth township /6/ of
the twentieth range /20/ of the United States Mili-
-tary lands in the County of Delaware & State of
Ohio except the tract that I have herein willed
to my daughter Mary Bennett as herein described
after the death of my beloved wife Elizabeth also
one Hundred acres of land lying & being in
Section No. 1 of Town_ six of Range 20 lying
along the south boundary line of said section
in the County of Delaware & State of Ohio. Item
9th I give & devise to my daughter Mary Bennett
one hundred dollars to be paid hereinafter
mentioned. Item 10th My son John Watkins in
consideration of the premises by me willed to
him is to pay the following sums as before
mentioned. To Evan Watkins twenty five dollars,
To Robert Watkins two dollars & fifty cents. To
Thomas Watkins fifty dollars. To Charlotte Lawrence
seventy five dollars & to Mary Bennett fifty
dollars which said sums are to be paid within
eighteen month after the death of my wife
Elizabeth Watkins. also to Evan Watkins twenty
five dollars, to Robert Watkins two dollars &
fifty cents, to Thomas Watkins fifty dollars,
to Charlotte Lawrence seventy five dollars &
to Mary Bennett fifty dollars to be paid within
[corresponds to labeled page 42 of Will Records Vol. 2 - 1835-1850]
42
the sum of one hundred & fifty dollars to be paid
as herein after mentioned. Item 7th I give and
devise to my daughter Mary Bennett the following
described tract of Land to wit, commencing at the
south east corner of Hugh Kyle lands thence
east five rods of the frame house of said Mary
Bennett thence North sixteen rods, thence west
to said Hugh Kyle's line thence south to the place
of beginning being in lot No. 8 Section 4 Township
six Range 20. U.S. Military Lands in Delaware
County & State of Ohio supposed to contain two
acres and eight rods. Item 8th. I give and devise
to my son John Watkins the farm on which
we now reside situate in the Township of Radnor
& described as follows /to wit/ Lot No. eight /8/ in
the fourth section /4/ of the sixth township /6/ of
the twentieth range /20/ of the United States Mili-
-tary lands in the County of Delaware & State of
Ohio except the tract that I have herein willed
to my daughter Mary Bennett as herein described
after the death of my beloved wife Elizabeth also
one Hundred acres of land lying & being in
Section No. 1 of Town_ six of Range 20 lying
along the south boundary line of said section
in the County of Delaware & State of Ohio. Item
9th I give & devise to my daughter Mary Bennett
one hundred dollars to be paid hereinafter
mentioned. Item 10th My son John Watkins in
consideration of the premises by me willed to
him is to pay the following sums as before
mentioned. To Evan Watkins twenty five dollars,
To Robert Watkins two dollars & fifty cents. To
Thomas Watkins fifty dollars. To Charlotte Lawrence
seventy five dollars & to Mary Bennett fifty
dollars which said sums are to be paid within
eighteen month after the death of my wife
Elizabeth Watkins. also to Evan Watkins twenty
five dollars, to Robert Watkins two dollars &
fifty cents, to Thomas Watkins fifty dollars,
to Charlotte Lawrence seventy five dollars &
to Mary Bennett fifty dollars to be paid within
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 88)
Description
[page 88]
[corresponds to labeled page 43 of Will Records Vol. 2 - 1835-1850]
43
three years after the death of my wife Elizabeth
Watkins also said John is to get all my personal
property that I have not willed & he is to pay
all my debts. And lastly I do hereby nominate
and appoint my sons Evan & John Watkins
Executors of this my last will & testament revoking
and annulling all former wills by me made.
In testimony whereof I have hereunto set my
hand & seal this 29th day of January A.D. 1838~
Watkin X [his mark] Watkins {seal}
Signed and acknowledged by said Watkin Watkins
as his last will and testament in our presence &
signed by us in his presence.
Abraham Edwards~ Morgan Williams~
Abraham Edwards & Morgan Williams upon
their oaths say concerning the last will and
testament of Watkin Watkins decd that the said
Watkin Watkins executed a will to which they
are witnesses, dated the 29th day of January A.D.
1838. That said Watkins was then of sound mind
and memory & not under any restraint.
Morgan Williams~ Abraham Edwards~
Subscribed & Sworn to in open Court Mch 20th 1838~
T. Reynolds Clerk~
Recorded the foregoing Will ect~ March 29th 1838
Attest T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
20th day of March A.D. 1838 before the Honorable
Joseph R. Swan President & Ezra Griswold, John
Brundige & John Lugenbeel Esqrs his Associates,
Judges of the Court of Common Pleas in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament
of Ephraim Simmons decd was produced in open
Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved
& ordered to be recorded. And thereupon on
motion of Justus Simmons & Polly Simmons the
Executors in said will named. It is ordered
[corresponds to labeled page 43 of Will Records Vol. 2 - 1835-1850]
43
three years after the death of my wife Elizabeth
Watkins also said John is to get all my personal
property that I have not willed & he is to pay
all my debts. And lastly I do hereby nominate
and appoint my sons Evan & John Watkins
Executors of this my last will & testament revoking
and annulling all former wills by me made.
In testimony whereof I have hereunto set my
hand & seal this 29th day of January A.D. 1838~
Watkin X [his mark] Watkins {seal}
Signed and acknowledged by said Watkin Watkins
as his last will and testament in our presence &
signed by us in his presence.
Abraham Edwards~ Morgan Williams~
Abraham Edwards & Morgan Williams upon
their oaths say concerning the last will and
testament of Watkin Watkins decd that the said
Watkin Watkins executed a will to which they
are witnesses, dated the 29th day of January A.D.
1838. That said Watkins was then of sound mind
and memory & not under any restraint.
Morgan Williams~ Abraham Edwards~
Subscribed & Sworn to in open Court Mch 20th 1838~
T. Reynolds Clerk~
Recorded the foregoing Will ect~ March 29th 1838
Attest T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
20th day of March A.D. 1838 before the Honorable
Joseph R. Swan President & Ezra Griswold, John
Brundige & John Lugenbeel Esqrs his Associates,
Judges of the Court of Common Pleas in & for the
County of Delaware, in the State of Ohio.
This day the last will & testament
of Ephraim Simmons decd was produced in open
Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved
& ordered to be recorded. And thereupon on
motion of Justus Simmons & Polly Simmons the
Executors in said will named. It is ordered
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 89)
Description
[page 89]
[corresponds to labeled page 44 of Will Records Vol. 2 - 1835-1850]
44
that letters testamentary be granted them upon
their entering into bonds in the sum of $900.00?
with John Gardner & Jospeh Horr as security.
It is further ordered that Micajah Dillingham,
Robert Gardner & Josiah Horr appraise the
Personal Property of said estate.
The last will & testament of Ephraim
Simmons. I Ephraim Simmons of Peru Town-
-ship, in the County of Delaware & State of Ohio,
being weakly of body, tho' of a sound disposing
mind & memory, thinking it necessary to make
my will & settle my estate which I am favoured
with, therefore I give bequeath & devise the same
in manner & form following. And first, my will
is, & I hereby order that all my just debts and
funeral charges, be paid by my Executors herein
after named, out of all my estate. Imprimis~
I give & bequeath unto my beloved wife Polly
Simmons all my Household goods & indoor mov-
-eables /except which I shall herein after dispose
of/ as a free gift forever. Item, I give unto my
son Jonathan Simmons one dollar. Item, I give
unto my daughter Eliza owles one dollar. Item,
I give unto my son Ephraim Simmons one dollar.
Item, I give unto my son Edward Simmons one
dollar. Item, I give unto my daughter Sarah
Cozad one dollar, all of which legacies to my five
children above named, I hereby order my executors
herein after named to pay unto each of them with-
-in two years after my decease, out of the estate
I may die seized of. Item, I give unto my said
wife Polly Simmons the use & improvement of all
the other of my estate both real & personal during
the time she shall remain my widow, except what
I do herein in this my last will & testament other-
-wise dispose of to be in lieu of her right of dower
and power of thirds. Item, I give & devise unto
my son Edward Simmons & to heirs and assigns
forever, one equal half of the lot of Land whereon
he now lives, provided he shall pay for the one
half of what the land firstly cost & make his
[corresponds to labeled page 44 of Will Records Vol. 2 - 1835-1850]
44
that letters testamentary be granted them upon
their entering into bonds in the sum of $900.00?
with John Gardner & Jospeh Horr as security.
It is further ordered that Micajah Dillingham,
Robert Gardner & Josiah Horr appraise the
Personal Property of said estate.
The last will & testament of Ephraim
Simmons. I Ephraim Simmons of Peru Town-
-ship, in the County of Delaware & State of Ohio,
being weakly of body, tho' of a sound disposing
mind & memory, thinking it necessary to make
my will & settle my estate which I am favoured
with, therefore I give bequeath & devise the same
in manner & form following. And first, my will
is, & I hereby order that all my just debts and
funeral charges, be paid by my Executors herein
after named, out of all my estate. Imprimis~
I give & bequeath unto my beloved wife Polly
Simmons all my Household goods & indoor mov-
-eables /except which I shall herein after dispose
of/ as a free gift forever. Item, I give unto my
son Jonathan Simmons one dollar. Item, I give
unto my daughter Eliza owles one dollar. Item,
I give unto my son Ephraim Simmons one dollar.
Item, I give unto my son Edward Simmons one
dollar. Item, I give unto my daughter Sarah
Cozad one dollar, all of which legacies to my five
children above named, I hereby order my executors
herein after named to pay unto each of them with-
-in two years after my decease, out of the estate
I may die seized of. Item, I give unto my said
wife Polly Simmons the use & improvement of all
the other of my estate both real & personal during
the time she shall remain my widow, except what
I do herein in this my last will & testament other-
-wise dispose of to be in lieu of her right of dower
and power of thirds. Item, I give & devise unto
my son Edward Simmons & to heirs and assigns
forever, one equal half of the lot of Land whereon
he now lives, provided he shall pay for the one
half of what the land firstly cost & make his
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 90)
Description
[page 90]
[corresponds to labeled page 45 of Will Records Vol. 2 - 1835-1850]
45
payments with the interest thereon accordingly,
and pay the money into the office where such money
is deposited in due order seasonably, or so much
of one half as he does pay for. Item, I give and
devise unto my son Justus Simmons & to his heirs
and assigns forever, the other equal half of the
said lot of Land whereon his Brother Edward
now lives, after the time of his mothers widowhood
I also give unto my son Justus Simmons all my
live stock and farming utensils, together with
all the rest & residue of my personal property, not
herein otherwise disposed of, after the time in which
Polly my wife shall remain my Relict widow.
Item, I give & bequeath unto my daughter Mary
Ann Simmons one feather bed & beding at any
time when she may take to her a lawful hus-
-band. And if in case my son Edward doth not
pay for one equal half of the lot of Land whereon
he lives in manner aforesaid. Then and in that
case, I hereby give and devise the same unto my
son Justus Simmons & to his heirs & assigns forever
And the improvements, which my son Edward shall
make thereon, I order & direct my son Justus to pay
him therefor. I herein request and advise my son
Justus to live with, or near his mother and take
the necessary care of her in her lonesome situation
during the time she may survive me, or remain
my widow. Finally, I hereby nominate, constitute
and appoint my beloved wife Polly Simmons &
our son Justus Simmons, Executors to this my last
will and testament directing and advising them
to settle all my estate accroding to the true in-
-tent and meaning hereof, and in due course of
law, hereby declaring this and no other to be my
last will and testament. In witness whereof I
have hereunto set my hand and affixed my seal
this tenth day of the fifth month/ commonly
called May/ in the year of our Lord one thousand
eight hundred and thirty ~~ 1830~
Signed, sealed, published and declared by
the said Ephraim Simmons to be his last
[corresponds to labeled page 45 of Will Records Vol. 2 - 1835-1850]
45
payments with the interest thereon accordingly,
and pay the money into the office where such money
is deposited in due order seasonably, or so much
of one half as he does pay for. Item, I give and
devise unto my son Justus Simmons & to his heirs
and assigns forever, the other equal half of the
said lot of Land whereon his Brother Edward
now lives, after the time of his mothers widowhood
I also give unto my son Justus Simmons all my
live stock and farming utensils, together with
all the rest & residue of my personal property, not
herein otherwise disposed of, after the time in which
Polly my wife shall remain my Relict widow.
Item, I give & bequeath unto my daughter Mary
Ann Simmons one feather bed & beding at any
time when she may take to her a lawful hus-
-band. And if in case my son Edward doth not
pay for one equal half of the lot of Land whereon
he lives in manner aforesaid. Then and in that
case, I hereby give and devise the same unto my
son Justus Simmons & to his heirs & assigns forever
And the improvements, which my son Edward shall
make thereon, I order & direct my son Justus to pay
him therefor. I herein request and advise my son
Justus to live with, or near his mother and take
the necessary care of her in her lonesome situation
during the time she may survive me, or remain
my widow. Finally, I hereby nominate, constitute
and appoint my beloved wife Polly Simmons &
our son Justus Simmons, Executors to this my last
will and testament directing and advising them
to settle all my estate accroding to the true in-
-tent and meaning hereof, and in due course of
law, hereby declaring this and no other to be my
last will and testament. In witness whereof I
have hereunto set my hand and affixed my seal
this tenth day of the fifth month/ commonly
called May/ in the year of our Lord one thousand
eight hundred and thirty ~~ 1830~
Signed, sealed, published and declared by
the said Ephraim Simmons to be his last
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 91)
Description
[page 91]
[corresponds to labeled page 46 of Will Records Vol. 2 - 1835-1850]
46
will and testament in presence of us~
Ephraim Simmons {seal}
Micajah Dillingham
James Dillingham~
State of Ohio Delaware County, Ss~
Personally appeared in open Court Micajah
Dillingham and James Dillingham who being
duly affirmed say that they were called upon
to witness the last will & testament of Ephraim
Simmons now deceased which last will and
testament is now before the court. That they saw
said Simmons sign said last will and testament
that said Simmons was of lawful age and of
sound mind and discretion, that he signed the
same without restraint in any way, and we
signed the same as witnesses in his presence
and at his request. Micajah Dillingham
James Dillingham
Sworn & subsecibed in open Court
March 20th 1838~ T. Reynolds Clerk~
Recorded the foregoing Will &c Mch 29th 1838
Attest T. Reynolds Clerk~
Pleas held at the Court House in Delaware on
the 22nd day of March A.D. 1838 before the Honora-
-ble Joseph R Swan President & Ezra Griswold
John Brundige & John Lugenbeel Esqrs his Associates
Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
This day an authenticated Copy
of the Will of Samuel Davenport of the County
of Jefferson in the State of Virginia, proved ac-
-cording to the laws of said State of Virginia, &
having relation to real property within this
County, was presented by Mr. Finch in behalf
of the legatees & upon his motion it is ordered
by the court here, that the same be admitted
to record.
In the name of God, Amen. I Samuel
[corresponds to labeled page 46 of Will Records Vol. 2 - 1835-1850]
46
will and testament in presence of us~
Ephraim Simmons {seal}
Micajah Dillingham
James Dillingham~
State of Ohio Delaware County, Ss~
Personally appeared in open Court Micajah
Dillingham and James Dillingham who being
duly affirmed say that they were called upon
to witness the last will & testament of Ephraim
Simmons now deceased which last will and
testament is now before the court. That they saw
said Simmons sign said last will and testament
that said Simmons was of lawful age and of
sound mind and discretion, that he signed the
same without restraint in any way, and we
signed the same as witnesses in his presence
and at his request. Micajah Dillingham
James Dillingham
Sworn & subsecibed in open Court
March 20th 1838~ T. Reynolds Clerk~
Recorded the foregoing Will &c Mch 29th 1838
Attest T. Reynolds Clerk~
Pleas held at the Court House in Delaware on
the 22nd day of March A.D. 1838 before the Honora-
-ble Joseph R Swan President & Ezra Griswold
John Brundige & John Lugenbeel Esqrs his Associates
Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
This day an authenticated Copy
of the Will of Samuel Davenport of the County
of Jefferson in the State of Virginia, proved ac-
-cording to the laws of said State of Virginia, &
having relation to real property within this
County, was presented by Mr. Finch in behalf
of the legatees & upon his motion it is ordered
by the court here, that the same be admitted
to record.
In the name of God, Amen. I Samuel
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 92)
Description
[page 92]
[corresponds to labeled page 47 of Will Records Vol. 2 - 1835-1850]
47
Davenport of the County of Jefferson & State of
Virginia, have this 28th day of Octr 1828 made my
will in the words following, to wit; First, I will that
my loving wife Mary shall have one third part
of the Plantation I now live on, with all the houses
& improvements thereon during her natural life,
except the Houses that John Wilsher now lives in
my wife is to have free access to the well of water
near Wilsher's house, my wife is not to clear any
of the wood land, nor cut any timber, only for
fuel & lasting improvements, I give to my wife
Mary one negro man called Daniel, one other
cald Allen & a woman called Sophia & a boy cald
George Slye, to her & her heirs forever, also two
horses of her chois, two pair of horse gears, one
wagon, one bar-share & two shovel ploughs, two
mulch cows, five sheep, ten head of stock hogs,
bread & meat sufficient for her family for one year,
two beds, bedsteads & bedding, one beaug rough, six chairs,
two tables, half dozen silver table, & half dozen tea
spoons. & all my Kitching utensils for cooking &c,
also my gig & harness. Second, I give unto Elizabeth
Long, daughter of my sister Mary Long sixty acres
of Land I purchased of James Hite to her & her
heirs forever, with these restrictions that is some
years ago I purchasd a negro boy of my sister Mary
Long, cald Bill which the heirs of Mary Long would
have a rite to after the death of Mary Long now if the heirs of Mary Long or any
one of them should set up any claim or bring suit to
claim the aforesaid negro boy then in that case
the above mentioned sixty acres of Land shall by the
said Elizabeth Long shall forfet all title & claim to
the aforesaid Land, and also a negro Girl called
Fanna which the aforesaid Elizabeth Long has now
in her possession, which will be twenty two years
old in August next, who is to serve the said Eliza-
-beth till she is thirty years of age, at which time
the said Elizabeth is to set her & her increase free, &
pay all the expenses of the same, now if the aforesaid
Elizabeth Long does not set the aforesaid negro Fanna
& her increase free or cause it to be done at the
[corresponds to labeled page 47 of Will Records Vol. 2 - 1835-1850]
47
Davenport of the County of Jefferson & State of
Virginia, have this 28th day of Octr 1828 made my
will in the words following, to wit; First, I will that
my loving wife Mary shall have one third part
of the Plantation I now live on, with all the houses
& improvements thereon during her natural life,
except the Houses that John Wilsher now lives in
my wife is to have free access to the well of water
near Wilsher's house, my wife is not to clear any
of the wood land, nor cut any timber, only for
fuel & lasting improvements, I give to my wife
Mary one negro man called Daniel, one other
cald Allen & a woman called Sophia & a boy cald
George Slye, to her & her heirs forever, also two
horses of her chois, two pair of horse gears, one
wagon, one bar-share & two shovel ploughs, two
mulch cows, five sheep, ten head of stock hogs,
bread & meat sufficient for her family for one year,
two beds, bedsteads & bedding, one beaug rough, six chairs,
two tables, half dozen silver table, & half dozen tea
spoons. & all my Kitching utensils for cooking &c,
also my gig & harness. Second, I give unto Elizabeth
Long, daughter of my sister Mary Long sixty acres
of Land I purchased of James Hite to her & her
heirs forever, with these restrictions that is some
years ago I purchasd a negro boy of my sister Mary
Long, cald Bill which the heirs of Mary Long would
have a rite to after the death of Mary Long now if the heirs of Mary Long or any
one of them should set up any claim or bring suit to
claim the aforesaid negro boy then in that case
the above mentioned sixty acres of Land shall by the
said Elizabeth Long shall forfet all title & claim to
the aforesaid Land, and also a negro Girl called
Fanna which the aforesaid Elizabeth Long has now
in her possession, which will be twenty two years
old in August next, who is to serve the said Eliza-
-beth till she is thirty years of age, at which time
the said Elizabeth is to set her & her increase free, &
pay all the expenses of the same, now if the aforesaid
Elizabeth Long does not set the aforesaid negro Fanna
& her increase free or cause it to be done at the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 93)
Description
[page 93]
[corresponds to labeled page 48 of Will Records Vol. 2 - 1835-1850]
48
expiration of the time above mentioned in that
case the aforesaid Elizabeth Long shall forfet all
claim or rite or interest to the above mentioned
sixty acres of Land, now if any part of the above
restrictions, should not be complied with, it is my
will that the above mentioned sixty acres of Land
shall be equally divided between Luca Cook dau-
-ghter of William Cook, brother to my first wife,
& Camilla Wilcher wife of John Wilcher, to them
& their heirs forever. Third, I have five hundred
& six acres of Land in the State of Ohio, Delaware
County, of which I give to Sirus a black man now
living on said Land, fifty three acres, and to have
it laid of where he now lives, to him & his heirs
forever. I give unto Betty a black woman one
hundred acres of the above Land to her & her
heirs forever. I give unto Nathan a yellow man
one hundred acres of the above Land, to him &
his heirs forever. I give unto George a black man
fifty three acres of the above Land to him & his heirs
forever. Fourth, I give unto Hannah C. Orrich
Daughter of my sister Catherine, Two hundred
acres of Land, part of the five hundred & six
acre tract in the State of Ohio, in Delaware County
to her & her heirs forever. The aforementioned Tract
of Five hundred & six acres when divided is to
be laid off equally in quallity in proportion to
each share. Fifth, I give unto Camilla Wilcher
an orphan child I have raisd ninety seven acres
of Land, part of the tract I now live on, to her &
her heirs forever & the houses she now lives in
the land to be laid off joining the buildings
she now occupies & to pay Elizabeth Hammel,
daughter of Mary Hammel, sister to my first
wife Two hundred & fifty dollars when she the
sd Elazabeth arrives at the age of 18 or sooner if
she should marry. I give also to Camilla Wil-
-cher a half doz. silver tea spoons markd with the
letters R.D. Sixth, I give unto Lucy Cook, daughter
of Wm Cook brother of my first wife 97 acres of
Land, part of the plantation I now live on, to her
[corresponds to labeled page 48 of Will Records Vol. 2 - 1835-1850]
48
expiration of the time above mentioned in that
case the aforesaid Elizabeth Long shall forfet all
claim or rite or interest to the above mentioned
sixty acres of Land, now if any part of the above
restrictions, should not be complied with, it is my
will that the above mentioned sixty acres of Land
shall be equally divided between Luca Cook dau-
-ghter of William Cook, brother to my first wife,
& Camilla Wilcher wife of John Wilcher, to them
& their heirs forever. Third, I have five hundred
& six acres of Land in the State of Ohio, Delaware
County, of which I give to Sirus a black man now
living on said Land, fifty three acres, and to have
it laid of where he now lives, to him & his heirs
forever. I give unto Betty a black woman one
hundred acres of the above Land to her & her
heirs forever. I give unto Nathan a yellow man
one hundred acres of the above Land, to him &
his heirs forever. I give unto George a black man
fifty three acres of the above Land to him & his heirs
forever. Fourth, I give unto Hannah C. Orrich
Daughter of my sister Catherine, Two hundred
acres of Land, part of the five hundred & six
acre tract in the State of Ohio, in Delaware County
to her & her heirs forever. The aforementioned Tract
of Five hundred & six acres when divided is to
be laid off equally in quallity in proportion to
each share. Fifth, I give unto Camilla Wilcher
an orphan child I have raisd ninety seven acres
of Land, part of the tract I now live on, to her &
her heirs forever & the houses she now lives in
the land to be laid off joining the buildings
she now occupies & to pay Elizabeth Hammel,
daughter of Mary Hammel, sister to my first
wife Two hundred & fifty dollars when she the
sd Elazabeth arrives at the age of 18 or sooner if
she should marry. I give also to Camilla Wil-
-cher a half doz. silver tea spoons markd with the
letters R.D. Sixth, I give unto Lucy Cook, daughter
of Wm Cook brother of my first wife 97 acres of
Land, part of the plantation I now live on, to her
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 94)
Description
[page 94]
[corresponds to labeled page 49 of Will Records Vol. 2 - 1835-1850]
49
& her heirs forever with the encumbrance of two
hundred & fifty dollars to be paid to Lucy Davenport
Quigley, daughter of Sinah Quigley, sister to my
first wife when she at the age of 18, or sooner if
she should marry. Seventh, I will that after
the death of my wife, that the 97 acres which is
willd to my wife shall be equally divided between
Lucy Cook, daughter of Wm Cook, & Camilla Wilcher,
timber & cleared land agreeable to quantity & quality,
except the buildings & improvements thereunto, which
Lucy Cook is to have. Eighth, I will that all my
negroes which I have & some in Ohio except those
that I have willd to my wife shall be free at my
death, and my house woman Betty shall be sup-
-ported out of my estate while she lives, by Camilla
Wilcher & Lucy Cook, & each to give her /Betty/ ten
dollars yearly in cash, as long as she lives. Ninth
I will to Mary Hammel sister to my first wife
one patch work quilt, with a deep blew border,
with small round white spots. Tenth, I will
that all my personal property and out standing
debts not otherwise disposd of after my just debts
are paid, shall be equally divided between Lucy
Cook, daughter of Wm Cook & Camilla Wilcher.
I do hereby appoint my friends Chas. Orrich and
John Davenport, of Ohio, my Execurs of this my will
& testament, revoking all others by me made. & my
will is that my Executors shall not give security
in their executing this will. In Testamony hereof,
I have hereunto set my hand & seal the day &
year above written.
James Hurst senr, James Hite } Saml Davenport {seal}
Samuel J. Cramer, John Hurst }
Jefferson County. Sct~ At a Court held
for Jefferson County, the 19th day of October, 1829.
this last will and testament of Samuel Davenport
decd was proved by the oaths James Hite & John
Hurst, two of the witnesses thereto & ordered to be
recorded~ and on the motion of Charles Orrich
one of the Executors therein named, who made
oath thereto, and entered into Bond in the penalty
[corresponds to labeled page 49 of Will Records Vol. 2 - 1835-1850]
49
& her heirs forever with the encumbrance of two
hundred & fifty dollars to be paid to Lucy Davenport
Quigley, daughter of Sinah Quigley, sister to my
first wife when she at the age of 18, or sooner if
she should marry. Seventh, I will that after
the death of my wife, that the 97 acres which is
willd to my wife shall be equally divided between
Lucy Cook, daughter of Wm Cook, & Camilla Wilcher,
timber & cleared land agreeable to quantity & quality,
except the buildings & improvements thereunto, which
Lucy Cook is to have. Eighth, I will that all my
negroes which I have & some in Ohio except those
that I have willd to my wife shall be free at my
death, and my house woman Betty shall be sup-
-ported out of my estate while she lives, by Camilla
Wilcher & Lucy Cook, & each to give her /Betty/ ten
dollars yearly in cash, as long as she lives. Ninth
I will to Mary Hammel sister to my first wife
one patch work quilt, with a deep blew border,
with small round white spots. Tenth, I will
that all my personal property and out standing
debts not otherwise disposd of after my just debts
are paid, shall be equally divided between Lucy
Cook, daughter of Wm Cook & Camilla Wilcher.
I do hereby appoint my friends Chas. Orrich and
John Davenport, of Ohio, my Execurs of this my will
& testament, revoking all others by me made. & my
will is that my Executors shall not give security
in their executing this will. In Testamony hereof,
I have hereunto set my hand & seal the day &
year above written.
James Hurst senr, James Hite } Saml Davenport {seal}
Samuel J. Cramer, John Hurst }
Jefferson County. Sct~ At a Court held
for Jefferson County, the 19th day of October, 1829.
this last will and testament of Samuel Davenport
decd was proved by the oaths James Hite & John
Hurst, two of the witnesses thereto & ordered to be
recorded~ and on the motion of Charles Orrich
one of the Executors therein named, who made
oath thereto, and entered into Bond in the penalty
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 95)
Description
[page 95]
[corresponds to labeled page 50 of Will Records Vol. 2 - 1835-1850]
50
of Ten thousand dollars, without security/ the
Testator having directed that no security should
be required of his executors/ conditioned as the
Law requires, certificate is granted him for obtain-
ing a probate thereof in due form.
By the court~ Teste S. J. Cramer C.J.C~
Virginia, Jefferson County, sct~
I Samuel J. Cramer, Clerk of the County Court
of Jefferson County, in Virginia, hereby certify
that the foregoing is a true copy of the last will
& testament of Samuel Davenport decd as the same
is of Record in the said Court.
Given under my hand & the seal of the
{Seal} said Court this 18th day of October 1837.
Saml J. Cramer Ce,
I David Humphreys, Presiding Justice of the County
Court of Jefferson, in Virginia, certify that Saml J.
Cramer is Clerk of the said Court, duly elected &
qualified, & that his attestation is in due form.
Given under hand this 18th of October 1837.
David Humphreys~
Recorded the foregoing authenticated Copy of Will.
March 30th 1838~ Attest~ T Reynolds Clerk~
Pleas held at the court. House in Delaware, on
the 22d day of March A.D. 1838 before the Honorable
Joseph R Swan president, & Ezra Griswold, John
Brundige & John Lugenbeel Esqrs his Associates,
Judges of the Court of Common Pleas in & for
the County of Delaware, in the State of Ohio.
This day an authenticated Copy
of the Will of David J.Poor of the County of
Campbell in the State of Kentucky, proved accor-
-ding to the laws of said State of Kentucky, and
having relation to real property within this
county, was presented by Mr. Brush in behalf
of the Executors to such Will, & upon his motion
it is ordered by the Court here, that the same be
admitted to record.
[corresponds to labeled page 50 of Will Records Vol. 2 - 1835-1850]
50
of Ten thousand dollars, without security/ the
Testator having directed that no security should
be required of his executors/ conditioned as the
Law requires, certificate is granted him for obtain-
ing a probate thereof in due form.
By the court~ Teste S. J. Cramer C.J.C~
Virginia, Jefferson County, sct~
I Samuel J. Cramer, Clerk of the County Court
of Jefferson County, in Virginia, hereby certify
that the foregoing is a true copy of the last will
& testament of Samuel Davenport decd as the same
is of Record in the said Court.
Given under my hand & the seal of the
{Seal} said Court this 18th day of October 1837.
Saml J. Cramer Ce,
I David Humphreys, Presiding Justice of the County
Court of Jefferson, in Virginia, certify that Saml J.
Cramer is Clerk of the said Court, duly elected &
qualified, & that his attestation is in due form.
Given under hand this 18th of October 1837.
David Humphreys~
Recorded the foregoing authenticated Copy of Will.
March 30th 1838~ Attest~ T Reynolds Clerk~
Pleas held at the court. House in Delaware, on
the 22d day of March A.D. 1838 before the Honorable
Joseph R Swan president, & Ezra Griswold, John
Brundige & John Lugenbeel Esqrs his Associates,
Judges of the Court of Common Pleas in & for
the County of Delaware, in the State of Ohio.
This day an authenticated Copy
of the Will of David J.Poor of the County of
Campbell in the State of Kentucky, proved accor-
-ding to the laws of said State of Kentucky, and
having relation to real property within this
county, was presented by Mr. Brush in behalf
of the Executors to such Will, & upon his motion
it is ordered by the Court here, that the same be
admitted to record.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 96)
Description
[page 96]
[corresponds to labeled page 51 of Will Records Vol. 2 - 1835-1850]
51
In the name of God, Amen.
I David J. Poor of the County of Campbell, and
State of Kentucky, being advanced in years, feeble and
weak in body but of sound disposing mind and
memory do make ordain publish and declare this
to be my last will & testament revoking all others
by me heretofore made. I give my body to its
mother earth from whom I received it to be disposed
of by my Executors in decent form and Christian
like burial, trusting through the mediation of a
blessed Redeemer that although the body must
perish, the soul will survive and live perhaps in
a better world. After my Executors have paid
off all my honest debts I order and direct that
the balance of my property both personal, real
and mixed be distributed and disposed of in the
manner and form following viz: To my daughter
Polly J. Wade and my son in law, her husband
John P. Wade I give one dollar and no more of
any part of my estate which is to be paid by my
Executors to the said Polly J & John P Wade so
soon as they can get it into their hands by a
sale of any of my goods and chattels. The rema-
-inder of my estate after the payment of my
honest debts both personal real and mixed
either in this State or the State of Ohio. I order
and direct to be equally divided share & share
alike where it is devisible in Kind and where it
is not to be sold at reasonable credits & the proceeds
arising therefrom to be equally divided among my
children Theodore J. Poor Horrizon J. Poor & Abigail
W. Poor. I direct that my household & Kitchen
furniture of every description be sold at the disc-
-retion of my Executors and that my beloved wife
Rachael Poor buy one third thereof at public
sale in order to enable her to commence and Keep
a boarding house by which she may subsist her-
-self and two children Abigail W. Poor & Horrizon
J. Poor. The dead provisions on hand must be
used and Kept by my wife and children who
are now with her. I direct and order that my
[corresponds to labeled page 51 of Will Records Vol. 2 - 1835-1850]
51
In the name of God, Amen.
I David J. Poor of the County of Campbell, and
State of Kentucky, being advanced in years, feeble and
weak in body but of sound disposing mind and
memory do make ordain publish and declare this
to be my last will & testament revoking all others
by me heretofore made. I give my body to its
mother earth from whom I received it to be disposed
of by my Executors in decent form and Christian
like burial, trusting through the mediation of a
blessed Redeemer that although the body must
perish, the soul will survive and live perhaps in
a better world. After my Executors have paid
off all my honest debts I order and direct that
the balance of my property both personal, real
and mixed be distributed and disposed of in the
manner and form following viz: To my daughter
Polly J. Wade and my son in law, her husband
John P. Wade I give one dollar and no more of
any part of my estate which is to be paid by my
Executors to the said Polly J & John P Wade so
soon as they can get it into their hands by a
sale of any of my goods and chattels. The rema-
-inder of my estate after the payment of my
honest debts both personal real and mixed
either in this State or the State of Ohio. I order
and direct to be equally divided share & share
alike where it is devisible in Kind and where it
is not to be sold at reasonable credits & the proceeds
arising therefrom to be equally divided among my
children Theodore J. Poor Horrizon J. Poor & Abigail
W. Poor. I direct that my household & Kitchen
furniture of every description be sold at the disc-
-retion of my Executors and that my beloved wife
Rachael Poor buy one third thereof at public
sale in order to enable her to commence and Keep
a boarding house by which she may subsist her-
-self and two children Abigail W. Poor & Horrizon
J. Poor. The dead provisions on hand must be
used and Kept by my wife and children who
are now with her. I direct and order that my
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 97)
Description
[page 97]
[corresponds to labeled page 52~]
son Theodore J. Poor shall chuse his guardian &
that guardian shall bind him, apprentice to
whatever trade and master the said Theodore
shall elect or chuze immediately. At the age
of Sixteen of Sixteen I order and direct that my
son Horrizon J. Poor shall chose his guardian
and that guardian shall bind him apprentice
to whatever trade or master the said Horrizon
J. Poor may elect or chuse. Lastly I nominate
constitute and appoint Rachael Poor and Alfred
Sanford my Executors of this my last will and
testament to see the same in all particulars &
respects carried into complete and full effect.
The word Estate in the second page and top
line interlined before signing. In witness
whereof I have hereunto set my hand & seal
this 14th day of February 1824~
Zacheus Kyle David J. X [his mark] Poor {seal}
Polly Kyle
Codicil~ In a previous
part of my will I directed my executors at
their discretion to sell all my household and
Kitchen furniture and that my wife Rachael
Poor should buy one third thereof to aid her in
Keeping a boarding house and for maintaining
my two children Horrizon J. Poor and Abigail
W Poor. I now hereby alter and and change so
much of my Will as relates to that subject by giving
to my beloved wife for the great pains and care
solicitude and anxiety which she has exercised
towards me during my extreme illness, February
19th 1824. David J. Poor {seal}
Polly Kyle. Zacheus Kyle~
State of Kentucky, Campbell County Court
March Term 1824 Sct. This Instrument
of writing purporting to be the last will and
Testament of David J. Poor deceased was produ-
-ced to the Court and proven by the oath of
[corresponds to labeled page 52~]
son Theodore J. Poor shall chuse his guardian &
that guardian shall bind him, apprentice to
whatever trade and master the said Theodore
shall elect or chuze immediately. At the age
of Sixteen of Sixteen I order and direct that my
son Horrizon J. Poor shall chose his guardian
and that guardian shall bind him apprentice
to whatever trade or master the said Horrizon
J. Poor may elect or chuse. Lastly I nominate
constitute and appoint Rachael Poor and Alfred
Sanford my Executors of this my last will and
testament to see the same in all particulars &
respects carried into complete and full effect.
The word Estate in the second page and top
line interlined before signing. In witness
whereof I have hereunto set my hand & seal
this 14th day of February 1824~
Zacheus Kyle David J. X [his mark] Poor {seal}
Polly Kyle
Codicil~ In a previous
part of my will I directed my executors at
their discretion to sell all my household and
Kitchen furniture and that my wife Rachael
Poor should buy one third thereof to aid her in
Keeping a boarding house and for maintaining
my two children Horrizon J. Poor and Abigail
W Poor. I now hereby alter and and change so
much of my Will as relates to that subject by giving
to my beloved wife for the great pains and care
solicitude and anxiety which she has exercised
towards me during my extreme illness, February
19th 1824. David J. Poor {seal}
Polly Kyle. Zacheus Kyle~
State of Kentucky, Campbell County Court
March Term 1824 Sct. This Instrument
of writing purporting to be the last will and
Testament of David J. Poor deceased was produ-
-ced to the Court and proven by the oath of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 98)
Description
[page 98]
[corresponds to labeled page 53 of Will Records Vol. 2 - 1835-1850]
53
Zaccheus Kyle a subscribing witness thereto to be the
act and deed of said Poor for the uses and purposes
therein mentioned and said Kyle further states
upon his oath that the said Poor at the time of
signing & sealing the same was of sound mind &
disposing memory; Thereupon the same was est-
-ablished, together with the Codicil thereto annexed
and ordered to be recorded which is accordingly
done in my Office Will Book page 94. Given under
my_ this 22d day of March 1824.
James Taylor Clk~
State of Kentucky, Campbell County Court
November Term 1837 Sct~ The last will
and Testament of David J. Poor, deceased with a
Commission and Deposition of Polly Kyle, a witness
to said will as to the execution ect of the same was
produced in Court and being examined, it is Ordered
that said Will with the Dedimus and Deposition
aforesaid be recorded as and for the last will and
Testament of said David J. Poor deceased.
Attest~ John N. Taliaferro Clk
Commonwealth of Kentucky Campbell County Sct~
I John N. Taliaferro Clerk of the County
Court for the County aforesaid, certify that the
foregoing is a true copy of the Last will & testament
of David J. Poor. Deceased together with the cer-
-tificates of the proof thereof as it appears upon
the Records of my Office~
In Testimony whereof I have hereunto set
{Seal} my hand and affixed the seal of said
County, at the Court House in Newport
this 11th day of December A.D. 1837 & in the 46th year of
the commonwealth. John N. Taliaferro C.C.C.C.
Commwlth of Kentucky Campbell County Sct~
I, John Carlisle Presiding Justice of the Peace
in & for said County, do certify that Jno N. Taliaferro is
Clerk of said County Court, duly qualified & sworn into office
& that full faith & credit ought to be given to all his official
acts as such. Given under my hand this 11th day of December
1837. John Carlisle J.P.C.C.
Recorded
[corresponds to labeled page 53 of Will Records Vol. 2 - 1835-1850]
53
Zaccheus Kyle a subscribing witness thereto to be the
act and deed of said Poor for the uses and purposes
therein mentioned and said Kyle further states
upon his oath that the said Poor at the time of
signing & sealing the same was of sound mind &
disposing memory; Thereupon the same was est-
-ablished, together with the Codicil thereto annexed
and ordered to be recorded which is accordingly
done in my Office Will Book page 94. Given under
my_ this 22d day of March 1824.
James Taylor Clk~
State of Kentucky, Campbell County Court
November Term 1837 Sct~ The last will
and Testament of David J. Poor, deceased with a
Commission and Deposition of Polly Kyle, a witness
to said will as to the execution ect of the same was
produced in Court and being examined, it is Ordered
that said Will with the Dedimus and Deposition
aforesaid be recorded as and for the last will and
Testament of said David J. Poor deceased.
Attest~ John N. Taliaferro Clk
Commonwealth of Kentucky Campbell County Sct~
I John N. Taliaferro Clerk of the County
Court for the County aforesaid, certify that the
foregoing is a true copy of the Last will & testament
of David J. Poor. Deceased together with the cer-
-tificates of the proof thereof as it appears upon
the Records of my Office~
In Testimony whereof I have hereunto set
{Seal} my hand and affixed the seal of said
County, at the Court House in Newport
this 11th day of December A.D. 1837 & in the 46th year of
the commonwealth. John N. Taliaferro C.C.C.C.
Commwlth of Kentucky Campbell County Sct~
I, John Carlisle Presiding Justice of the Peace
in & for said County, do certify that Jno N. Taliaferro is
Clerk of said County Court, duly qualified & sworn into office
& that full faith & credit ought to be given to all his official
acts as such. Given under my hand this 11th day of December
1837. John Carlisle J.P.C.C.
Recorded
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 99)
Description
[page 99]
[corresponds to labeled page 54 of Will Records Vol. 2 - 1835-1850]
54
the foregoing authenticated Copy of Will
March 30th 1838~ Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
19th day of June A.D. 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold & John Lugenbeel
Esqrs two of his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of Nathan
Clark decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded.
In the name of God, amen. I Nathan
Clark of the County of Delaware in the State of Ohio,
being weak in body but of sound & disposing mind
& memory & understanding, do make & publish this
my last will & testament, in manner & form, that
is to say. First, I give devise & bequeath to my belov
-ed wife Rebecca Clark in lieu of her dower, my
loom that is a weavers loom together with all the
needs & other utensils belonging to said loom, also
her bed & bedding & all the household furniture
that she the said Rebecca had & brought with her
when we were united in marriage. also all the house-
-hold furniture & other items not particularly named
& otherwise disposed of in this will. also I give and
bequeath to the said Rebecca Clark one light coloured
two years old heifer, also one ham of smoked meat
& thirty pounds of pickle pork, also my soap barrel &
soap & as much soap grease as she sees proper to take
also the wool of the sheep. Second, I give & bequeath
to my daughter, Lettice, the sum of two dollars. Third,
I give and devise to my eldest son Nathan Clark Jr.
my black mare, the mule foal excepted, also one
breeding sow. Fourth, I give and devise to my
daughter Nancy one large pot & one bake kettle
Fifth, I give and devise to my daughter Rhoda
one two years old red & white heifer. Sixth, I
[corresponds to labeled page 54 of Will Records Vol. 2 - 1835-1850]
54
the foregoing authenticated Copy of Will
March 30th 1838~ Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
19th day of June A.D. 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold & John Lugenbeel
Esqrs two of his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of Nathan
Clark decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded.
In the name of God, amen. I Nathan
Clark of the County of Delaware in the State of Ohio,
being weak in body but of sound & disposing mind
& memory & understanding, do make & publish this
my last will & testament, in manner & form, that
is to say. First, I give devise & bequeath to my belov
-ed wife Rebecca Clark in lieu of her dower, my
loom that is a weavers loom together with all the
needs & other utensils belonging to said loom, also
her bed & bedding & all the household furniture
that she the said Rebecca had & brought with her
when we were united in marriage. also all the house-
-hold furniture & other items not particularly named
& otherwise disposed of in this will. also I give and
bequeath to the said Rebecca Clark one light coloured
two years old heifer, also one ham of smoked meat
& thirty pounds of pickle pork, also my soap barrel &
soap & as much soap grease as she sees proper to take
also the wool of the sheep. Second, I give & bequeath
to my daughter, Lettice, the sum of two dollars. Third,
I give and devise to my eldest son Nathan Clark Jr.
my black mare, the mule foal excepted, also one
breeding sow. Fourth, I give and devise to my
daughter Nancy one large pot & one bake kettle
Fifth, I give and devise to my daughter Rhoda
one two years old red & white heifer. Sixth, I
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 100)
Description
[page 100]
[corresponds to labeled page 55 of Will Records Vol. 2 - 1835-1850]
55
give and devise and bequeath to my second son Elisha
Clark. the west half of the fifty acres of land on which
we now reside, being a part of Lot 16 in the third
Section, in the sixth township, in the seventeenth Range
of the United States Military Survey, to have & to hold
the said west half of fifty acres, to him the said
Elisha Clark during his natural life, then to descend
and pass to Ransom Clark, eldest son of the said Elisha
Clark, also I give and devise to my said son Elisha
one two years old black horse colt & one ten gallon
Kettle. Seventh, I give & devise to Ransom Clark, el-
-dest son of Elisha Clark one three years old heifer
red & white, with a line back being the same that
is now Known by the name of the said Ransoms
heifer. Eighth, I give & devise to my daughter Betsy
one Cow. Ninth, I give devise and bequeath to my
youngest son Calvin Clark all the East half of the
aforesaid fifty acres of land that we now reside on
being a part of lot 16 in the third section in the
sixth township, in the seventeenth Range. United
States Military Survey, also I give and devise to my
said son Calvin, the mule foal that has been ex-
-cepted in this will also one pair or yoke of two
year old Steers, being the same Steers that I let the
said Calvin have to trade for a waggon, also as
many hogs as the said Calvin thinks proper to
fatten, and all the farming utensils which I now
own also one thirteen gallon Kettle, for which
the said Calvin Clark is to settle and pay off all
my just debts. Lastly, I give and devise that the
remaining part of my hogs not otherwise disposed
of in this will shall be divided equally between
my two sons Elisha and Calvin Clark. And
furthermore, I give and devise to my son Calvin
Clark my great Coat. And lastly I give & devise
to my youngest daughter Almira Clark, all my
bed and bedding and my chest & three chairs, also
one year old horse colt. In testimony
whereof I have hereunto set my hand and seal
this second day of May in the year of our Lord
[corresponds to labeled page 55 of Will Records Vol. 2 - 1835-1850]
55
give and devise and bequeath to my second son Elisha
Clark. the west half of the fifty acres of land on which
we now reside, being a part of Lot 16 in the third
Section, in the sixth township, in the seventeenth Range
of the United States Military Survey, to have & to hold
the said west half of fifty acres, to him the said
Elisha Clark during his natural life, then to descend
and pass to Ransom Clark, eldest son of the said Elisha
Clark, also I give and devise to my said son Elisha
one two years old black horse colt & one ten gallon
Kettle. Seventh, I give & devise to Ransom Clark, el-
-dest son of Elisha Clark one three years old heifer
red & white, with a line back being the same that
is now Known by the name of the said Ransoms
heifer. Eighth, I give & devise to my daughter Betsy
one Cow. Ninth, I give devise and bequeath to my
youngest son Calvin Clark all the East half of the
aforesaid fifty acres of land that we now reside on
being a part of lot 16 in the third section in the
sixth township, in the seventeenth Range. United
States Military Survey, also I give and devise to my
said son Calvin, the mule foal that has been ex-
-cepted in this will also one pair or yoke of two
year old Steers, being the same Steers that I let the
said Calvin have to trade for a waggon, also as
many hogs as the said Calvin thinks proper to
fatten, and all the farming utensils which I now
own also one thirteen gallon Kettle, for which
the said Calvin Clark is to settle and pay off all
my just debts. Lastly, I give and devise that the
remaining part of my hogs not otherwise disposed
of in this will shall be divided equally between
my two sons Elisha and Calvin Clark. And
furthermore, I give and devise to my son Calvin
Clark my great Coat. And lastly I give & devise
to my youngest daughter Almira Clark, all my
bed and bedding and my chest & three chairs, also
one year old horse colt. In testimony
whereof I have hereunto set my hand and seal
this second day of May in the year of our Lord
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 101)
Description
[page 101]
[corresponds to labeled page 56 of Will Records Vol. 2 - 1835-1850]
56
one thousand eight hundred & thirty seven
Nathan Clark {seal}
Signed published and declared by the above
named Nathan Clark as and for his last will and
testament in presence of us who at his request have
signed as witnesses to the same.
Nicholas McLaughlin~ Samuel Cleveland~ Isaac Fleming~
The State of Ohio, Delaware County; Ss~
In the Court of Com. Pleas. June Term 1838,
Samuel Cleveland and Isaac Fleming being duly
sworn in open Court upon their oaths say, that the
paper now here produced in Court, purporting to be
the last will & testament of Nathan Clark, and
bearing date the second day of May A.D. 1837 was by
the said Nathan Clark on that day executed and
published at his residence in Peru Township in
the said County, as his last will & testament in
the presence of the said Samuel Cleveland, Isaac
Fleming & Nicholas McLaughlin witnesses to the
said will, that the said Nathan Clark then &
there signed & sealed the same will in our presence,
& the said witnesses then & there in his presence & at
his request & in the presence of each other signed
their names thereto as witnesses that the said
Nathan Clark was then about sixty eight years
of age, of sound mind & memory, & acting under
no restraint but of his own free will & accord.
& further say not. Samuel Cleveland
Isaac Fleming~
Subscribed & sworn to in open Court June 19th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c~ July 16th 1838
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware,
on the 20th day of June A.D. 1838 before the
Honorable Joseph R. Swan President and Ezra
Griswold & John Lugenbeel Esqs two of his
associates, judges of the Court of Common Pleas
[corresponds to labeled page 56 of Will Records Vol. 2 - 1835-1850]
56
one thousand eight hundred & thirty seven
Nathan Clark {seal}
Signed published and declared by the above
named Nathan Clark as and for his last will and
testament in presence of us who at his request have
signed as witnesses to the same.
Nicholas McLaughlin~ Samuel Cleveland~ Isaac Fleming~
The State of Ohio, Delaware County; Ss~
In the Court of Com. Pleas. June Term 1838,
Samuel Cleveland and Isaac Fleming being duly
sworn in open Court upon their oaths say, that the
paper now here produced in Court, purporting to be
the last will & testament of Nathan Clark, and
bearing date the second day of May A.D. 1837 was by
the said Nathan Clark on that day executed and
published at his residence in Peru Township in
the said County, as his last will & testament in
the presence of the said Samuel Cleveland, Isaac
Fleming & Nicholas McLaughlin witnesses to the
said will, that the said Nathan Clark then &
there signed & sealed the same will in our presence,
& the said witnesses then & there in his presence & at
his request & in the presence of each other signed
their names thereto as witnesses that the said
Nathan Clark was then about sixty eight years
of age, of sound mind & memory, & acting under
no restraint but of his own free will & accord.
& further say not. Samuel Cleveland
Isaac Fleming~
Subscribed & sworn to in open Court June 19th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c~ July 16th 1838
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware,
on the 20th day of June A.D. 1838 before the
Honorable Joseph R. Swan President and Ezra
Griswold & John Lugenbeel Esqs two of his
associates, judges of the Court of Common Pleas
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 102)
Description
[page 102]
[corresponds to labeled page 57 of Will Records Vol. 2 - 1835-1850]
57
in & for the County of Delaware in the State of Ohio.
This day the last will and testament of
Clark H. Dwinnell decd was produced in open court
& proved by the testimony of the subscribing witnesses
thereto as reduced to writing, approved & ordered to
be recorded. And thereupon, on motion of Mehitable
Dwinell & Joseph Keen the Executors in said will
named. It is ordered that letters testementary
be granted them upon their entering into bonds
in the sum of $1200.00? with George Landon and
Peleg Bunker as security. And it is further ordered
that Josiah Horr, John Bunker & Peleg T. Sherman
appraise the personal property of said estate.
I Clark H. Dwinell of the County of
Delaware in the State of Ohio do make & publish
this my last will & testament in manner & form
following that is to say, First, it is my will that
my funeral expenses & all my just debts be fully
paid. Second, I give devise & bequeath to my belov-
-ed wife Mehitable Dwinell in lieu of her dower
one horse saddle & bridle, one Cow ten head of
sheep and all my household goods out of which
she is to give my daughter Sally when she arrives
at the age of eighteen years one bed & bedding
& further she the said Mehitable is to have the
use of all my real and personal property /not
othrwise disposed of/ during the time she shall
remain my widow for her own support & the
support and education of my children Sally
Dwinell & Clark P. Dwinell which education
shall be classical & if her widowhood should
cease previous to the completion of the education
of my children as aforesaid the whole of the afore-
-said use of property is to be applied to the support
& education of the aforesaid children under the
control of my executors. Third, I give and devise
to my mother Lydia Dwinell & sister Lydia Ann
Dwinell all my right and interest to the estate
personal of my father Allen Dwinnell deceased to
be equally divided between them and to be paid to
[corresponds to labeled page 57 of Will Records Vol. 2 - 1835-1850]
57
in & for the County of Delaware in the State of Ohio.
This day the last will and testament of
Clark H. Dwinnell decd was produced in open court
& proved by the testimony of the subscribing witnesses
thereto as reduced to writing, approved & ordered to
be recorded. And thereupon, on motion of Mehitable
Dwinell & Joseph Keen the Executors in said will
named. It is ordered that letters testementary
be granted them upon their entering into bonds
in the sum of $1200.00? with George Landon and
Peleg Bunker as security. And it is further ordered
that Josiah Horr, John Bunker & Peleg T. Sherman
appraise the personal property of said estate.
I Clark H. Dwinell of the County of
Delaware in the State of Ohio do make & publish
this my last will & testament in manner & form
following that is to say, First, it is my will that
my funeral expenses & all my just debts be fully
paid. Second, I give devise & bequeath to my belov-
-ed wife Mehitable Dwinell in lieu of her dower
one horse saddle & bridle, one Cow ten head of
sheep and all my household goods out of which
she is to give my daughter Sally when she arrives
at the age of eighteen years one bed & bedding
& further she the said Mehitable is to have the
use of all my real and personal property /not
othrwise disposed of/ during the time she shall
remain my widow for her own support & the
support and education of my children Sally
Dwinell & Clark P. Dwinell which education
shall be classical & if her widowhood should
cease previous to the completion of the education
of my children as aforesaid the whole of the afore-
-said use of property is to be applied to the support
& education of the aforesaid children under the
control of my executors. Third, I give and devise
to my mother Lydia Dwinell & sister Lydia Ann
Dwinell all my right and interest to the estate
personal of my father Allen Dwinnell deceased to
be equally divided between them and to be paid to
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 103)
Description
[page 103]
[corresponds to labeled page 58 of Will Records Vol. 2 - 1835-1850]
58
them by the Administration of Allen Dwinell deceased
Fourth, I give and devise to my two children
Sally Dwinell & Clark P. Dwinell the farm on which
I now reside situate in Range 16. Township 6 Section
2 Lot 18 and fifty acres off the west end of Lot
fifteen, amounting to one hundred and fifty acres
also all the residue of my estate personal, all of
which both real and personal is to be equally divi-
-ded between them when the youngest child arrives
at full age and further I do hereby vest in my
executors full power & authority to use occupy
rent yearly or for a term of years my real estate
as to them shall appear most advantageous to those
in interest also to dispose of at private sale any
of my personal property they may think necessary
for the advantage of those in intrest not thereby
diminishing the appraised value to exceed one third
they shall also Keep a fair and accurate account
of all sales made moneys received & expended.
And lastly I hereby constitute and appoint my said
wife Mehitable Dwinell & my friend Joseph Keen
to be the executors for this my last will & testament
working and annulling all former will by me
made & ratifying & confirming this & no other
to be my last will and testament. In
testimony whereof I have hereunto set my hand
& seal this 14th day of Feb. A.D. 1838.
Clark H. Dwinells {seal}
Signed published & declared by the above named
Clark H. Dwinell as & for his last will & testament
in presence of us who at his request have signed
as witnesses to the same. Josiah Horr
Joseph Horr~
The State of Ohio Delaware County Ss~
In the court of Common Pleas June Term 1838
Josiah Horr & Joseph Horr being duly
sworn in open Court upon their oaths say that
the paper now here produced in Court purpor-
-ting to be the last will & testament of Clark
H. Dwinell and bearing date the 14th day of Feby
[corresponds to labeled page 58 of Will Records Vol. 2 - 1835-1850]
58
them by the Administration of Allen Dwinell deceased
Fourth, I give and devise to my two children
Sally Dwinell & Clark P. Dwinell the farm on which
I now reside situate in Range 16. Township 6 Section
2 Lot 18 and fifty acres off the west end of Lot
fifteen, amounting to one hundred and fifty acres
also all the residue of my estate personal, all of
which both real and personal is to be equally divi-
-ded between them when the youngest child arrives
at full age and further I do hereby vest in my
executors full power & authority to use occupy
rent yearly or for a term of years my real estate
as to them shall appear most advantageous to those
in interest also to dispose of at private sale any
of my personal property they may think necessary
for the advantage of those in intrest not thereby
diminishing the appraised value to exceed one third
they shall also Keep a fair and accurate account
of all sales made moneys received & expended.
And lastly I hereby constitute and appoint my said
wife Mehitable Dwinell & my friend Joseph Keen
to be the executors for this my last will & testament
working and annulling all former will by me
made & ratifying & confirming this & no other
to be my last will and testament. In
testimony whereof I have hereunto set my hand
& seal this 14th day of Feb. A.D. 1838.
Clark H. Dwinells {seal}
Signed published & declared by the above named
Clark H. Dwinell as & for his last will & testament
in presence of us who at his request have signed
as witnesses to the same. Josiah Horr
Joseph Horr~
The State of Ohio Delaware County Ss~
In the court of Common Pleas June Term 1838
Josiah Horr & Joseph Horr being duly
sworn in open Court upon their oaths say that
the paper now here produced in Court purpor-
-ting to be the last will & testament of Clark
H. Dwinell and bearing date the 14th day of Feby
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 104)
Description
[page 104]
[corresponds to labeled page 59 of Will Records Vol. 2 - 1835-1850]
59
A.D. 1838 was executed and published by the said
Clark H. Dwinell at his residence in Bennington
Township in the said County on the day of the date
thereof as his last will & testament, that he signed
and sealed the same in our presence, and we at his
request in his presence and in the presence of each
other then & there signed our names thereto as wit-
-nesses. That the said Clark H Dwinell was then
about the age of thirty years, of sound mind &
memory and acting under no restraint but made
& published the said will of his own free will and
accord, and further say not.
Joseph Horr~ Josiah Horr~
Subscribed & sworn to in open Court, June 20th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c July 16th 1838 ~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
20th day of June A.D. 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold & John Lugen-
-beel Esqs two of his associates, Judges of the Court
of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will & testament of John Oller
decd was produced in open Court & proved by the
testimony of two of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be
recorded. And thereupon on motion of Catherine
Oller & Abraham Eversole the executors in said
will named. It is ordered that letters testamentary
be granted them upon their entering into bonds in
the sum of $1500.00 with Leander Stone & Peter Oller
as security. And it is further ordered that John
Cutler, Henry Eversole & Thomas R. Hamilton
appraise the personal property of said estate.
Will made this 13th day of March 1838~
In the name of God Amen I John Oller of the
County of Delaware & commonwealth of Ohio, being
weak in the flesh and body, but sound & perfect
[corresponds to labeled page 59 of Will Records Vol. 2 - 1835-1850]
59
A.D. 1838 was executed and published by the said
Clark H. Dwinell at his residence in Bennington
Township in the said County on the day of the date
thereof as his last will & testament, that he signed
and sealed the same in our presence, and we at his
request in his presence and in the presence of each
other then & there signed our names thereto as wit-
-nesses. That the said Clark H Dwinell was then
about the age of thirty years, of sound mind &
memory and acting under no restraint but made
& published the said will of his own free will and
accord, and further say not.
Joseph Horr~ Josiah Horr~
Subscribed & sworn to in open Court, June 20th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c July 16th 1838 ~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
20th day of June A.D. 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold & John Lugen-
-beel Esqs two of his associates, Judges of the Court
of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will & testament of John Oller
decd was produced in open Court & proved by the
testimony of two of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be
recorded. And thereupon on motion of Catherine
Oller & Abraham Eversole the executors in said
will named. It is ordered that letters testamentary
be granted them upon their entering into bonds in
the sum of $1500.00 with Leander Stone & Peter Oller
as security. And it is further ordered that John
Cutler, Henry Eversole & Thomas R. Hamilton
appraise the personal property of said estate.
Will made this 13th day of March 1838~
In the name of God Amen I John Oller of the
County of Delaware & commonwealth of Ohio, being
weak in the flesh and body, but sound & perfect
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 105)
Description
[page 105]
[corresponds to labeled page 60 of Will Records Vol. 2 - 1835-1850]
60
mind and memory, blessed be God Almighty for
the same. I do make & publish this my last
will & testament, in manner as follows, namely
first I bequeath my soul to God who gave it to
me, and my body to the dust from whence it came.
not doubting but that God will for Christs sake,
raise it up at the last day, a glorified body
like unto his own. 3d It is my will and desire
that all my just debts & funeral charges be
paid. 4th I bequeath unto my beloved wife
Catherine Oller the plantation whereon I now
live, all the horses & horse Kind, except those two
which I have purchased for the express purpose
of my sons, John Oller & Henry Oller & should
those two horses, which I purchased for the ex-
-press purpose of my sons Henry Oller and John
Oller, die or be stolen &c it is my will that my
wife Catherine Oller be accountable unto them
my sone, for the same, should those horses or
either of them die, before the boys arrives at
the age of twenty one. Also it is my will &
desire that my wife Catherine Oller, give
my son David Oller when he comes of age
a horse saddle & bridle worth eighty dollars
It is also my will & desire that my wife Cath-
-erine Oller have possess and hold all the
cattle, sheep and hogs, now on the farm or
premises, together with all the household and
Kitchen furniture of every Kind, together with
all the farming utensils, such as waggon,
ploughs, harrows, gears, &c, as long as she lives
and at my wife's death it is my will & desire
that publick sale be made of all the movable
property that then, belongs to her Catherine
Oller my wife and the money to be applied as
follows, thus, It is my will and desire that of
this money my Daughter be paid, first to Mary
Eve Downs and her heirs two hundred dollars.
and to Susanna Johnston and her heirs fifty
cents and the balance should there be any; it is
my will that it be equally divided amonst my
[corresponds to labeled page 60 of Will Records Vol. 2 - 1835-1850]
60
mind and memory, blessed be God Almighty for
the same. I do make & publish this my last
will & testament, in manner as follows, namely
first I bequeath my soul to God who gave it to
me, and my body to the dust from whence it came.
not doubting but that God will for Christs sake,
raise it up at the last day, a glorified body
like unto his own. 3d It is my will and desire
that all my just debts & funeral charges be
paid. 4th I bequeath unto my beloved wife
Catherine Oller the plantation whereon I now
live, all the horses & horse Kind, except those two
which I have purchased for the express purpose
of my sons, John Oller & Henry Oller & should
those two horses, which I purchased for the ex-
-press purpose of my sons Henry Oller and John
Oller, die or be stolen &c it is my will that my
wife Catherine Oller be accountable unto them
my sone, for the same, should those horses or
either of them die, before the boys arrives at
the age of twenty one. Also it is my will &
desire that my wife Catherine Oller, give
my son David Oller when he comes of age
a horse saddle & bridle worth eighty dollars
It is also my will & desire that my wife Cath-
-erine Oller have possess and hold all the
cattle, sheep and hogs, now on the farm or
premises, together with all the household and
Kitchen furniture of every Kind, together with
all the farming utensils, such as waggon,
ploughs, harrows, gears, &c, as long as she lives
and at my wife's death it is my will & desire
that publick sale be made of all the movable
property that then, belongs to her Catherine
Oller my wife and the money to be applied as
follows, thus, It is my will and desire that of
this money my Daughter be paid, first to Mary
Eve Downs and her heirs two hundred dollars.
and to Susanna Johnston and her heirs fifty
cents and the balance should there be any; it is
my will that it be equally divided amonst my
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 106)
Description
[page 106]
[corresponds to labeled page 61 of Will Records Vol. 2 - 1835-1850]
61
three sons Henry Oller, John Oller & David Oller.
It is my will and desire that the land be divided
into three equal valued tracts as soon as David
Oller my youngest son shall arrive at the age
of twenty one years of age. It is my express wish
& desire that my sons Henry Oller, John Oller
& David Oller continue to work on the land tog-
-ether with their mother on the shares or upon some
agreeable terms, even when they are all of age.
It is my will that sale be made of a lot which
I own in Bell-point as soon as convenient and the
amount be spent in building a church or meeting
house /for the use of the United Brethern in Christ/
provided said Church or meeting house be built
within four miles of my house up or down the
river, if not within four miles, the money to fall
back to the heirs. Lastly, I appoint my wife
Catherine Oller and Abraham Eversole executors
of this my last will & testament, hereby revoking
all others, and disannulling likewise all other &
former wills by me made in witness. I have here-
-unto set my hand and seal the 14th day March
1838. John Oller {seal}
Signed, sealed published & declared by the above
named John Oller to be his last will & testament
in presence of us who at his request and in his pre-
-sence have hereunto subscribed our names as witn-
-esses to the same. Henry McCreary~
Thomas R. Hamilton~ Jacob Oller~
State of Ohio, Delaware County, Ss~
Court of Common Pleas for the County of Delaware
June Term AD 1838~ Henry McCleary & Thomas
R. Hamilton two of the signers as witnesses of
the last will and testament of John Oller decd
late of the County & State aforesaid being duly sworn
upon their oaths say that the paper now presented
to the Court purporting to be the last will and
testament of the said John Oller decd is the last
will & testament of the said John Oller decd and
was executed in our presence on the 14th day of
March 1838 that we signed the same. That the
[corresponds to labeled page 61 of Will Records Vol. 2 - 1835-1850]
61
three sons Henry Oller, John Oller & David Oller.
It is my will and desire that the land be divided
into three equal valued tracts as soon as David
Oller my youngest son shall arrive at the age
of twenty one years of age. It is my express wish
& desire that my sons Henry Oller, John Oller
& David Oller continue to work on the land tog-
-ether with their mother on the shares or upon some
agreeable terms, even when they are all of age.
It is my will that sale be made of a lot which
I own in Bell-point as soon as convenient and the
amount be spent in building a church or meeting
house /for the use of the United Brethern in Christ/
provided said Church or meeting house be built
within four miles of my house up or down the
river, if not within four miles, the money to fall
back to the heirs. Lastly, I appoint my wife
Catherine Oller and Abraham Eversole executors
of this my last will & testament, hereby revoking
all others, and disannulling likewise all other &
former wills by me made in witness. I have here-
-unto set my hand and seal the 14th day March
1838. John Oller {seal}
Signed, sealed published & declared by the above
named John Oller to be his last will & testament
in presence of us who at his request and in his pre-
-sence have hereunto subscribed our names as witn-
-esses to the same. Henry McCreary~
Thomas R. Hamilton~ Jacob Oller~
State of Ohio, Delaware County, Ss~
Court of Common Pleas for the County of Delaware
June Term AD 1838~ Henry McCleary & Thomas
R. Hamilton two of the signers as witnesses of
the last will and testament of John Oller decd
late of the County & State aforesaid being duly sworn
upon their oaths say that the paper now presented
to the Court purporting to be the last will and
testament of the said John Oller decd is the last
will & testament of the said John Oller decd and
was executed in our presence on the 14th day of
March 1838 that we signed the same. That the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 107)
Description
[page 107]
[corresponds to labeled page 62 of Will Records Vol. 2 - 1835-1850]
62
testator at the time of making the said will was
of legal age of sound mind & memory and was
under no restraint. Henry McCreary
Thomas R. Hamilton~
Subscribed & sworn to in open Court.
June 20th 1838~ T. Reynolds Clk~
Recorded the foregoing Will &c July 17th 1838.
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on
the 20th day of June A.D. 1838 before the Honorable
Joseph R. Swan President & Ezra Griswold &
John Lugenbeel Esqs two of his Associates, Judges
of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
This day the last will & testament
of Austin Graves decd was produced in open Court
& proved by the testimony of the subscribing wit-
-nesses thereto, as reduced to writing approved &
ordered to be recorded.
Austin Graves of the township of Marl-
-borough in Delaware County & State of Ohio being
of sound mind and memory but sensible of the
great uncertainty of life and being desirous to
dispose of my earthly estate which it hath pleased
God to bestow upon me do make this my last
will & testament revoking all former wills by
me made. 1st I will that all my debts & funeral
charges be speedily paid at my decease. 2nd It
is my will that all my children should be raised
together on the farm on which I now reside and
that my wife Maryann Graves have full control
of all my property real & personal for that purpose
& that she be the executor of this my last will
& testament. 3rd It is my will that the executor
of this my last will & testament should pay to
my sons as they severally become of the age of
twenty one years one hundred dollars each
and to my daughters as they severally become
of the age of eighteen years fifty dollars each &
that my wife aforesaid have the use of the residue
[corresponds to labeled page 62 of Will Records Vol. 2 - 1835-1850]
62
testator at the time of making the said will was
of legal age of sound mind & memory and was
under no restraint. Henry McCreary
Thomas R. Hamilton~
Subscribed & sworn to in open Court.
June 20th 1838~ T. Reynolds Clk~
Recorded the foregoing Will &c July 17th 1838.
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on
the 20th day of June A.D. 1838 before the Honorable
Joseph R. Swan President & Ezra Griswold &
John Lugenbeel Esqs two of his Associates, Judges
of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
This day the last will & testament
of Austin Graves decd was produced in open Court
& proved by the testimony of the subscribing wit-
-nesses thereto, as reduced to writing approved &
ordered to be recorded.
Austin Graves of the township of Marl-
-borough in Delaware County & State of Ohio being
of sound mind and memory but sensible of the
great uncertainty of life and being desirous to
dispose of my earthly estate which it hath pleased
God to bestow upon me do make this my last
will & testament revoking all former wills by
me made. 1st I will that all my debts & funeral
charges be speedily paid at my decease. 2nd It
is my will that all my children should be raised
together on the farm on which I now reside and
that my wife Maryann Graves have full control
of all my property real & personal for that purpose
& that she be the executor of this my last will
& testament. 3rd It is my will that the executor
of this my last will & testament should pay to
my sons as they severally become of the age of
twenty one years one hundred dollars each
and to my daughters as they severally become
of the age of eighteen years fifty dollars each &
that my wife aforesaid have the use of the residue
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 108)
Description
[page 108]
[corresponds to labeled page 63 of Will Records Vol. 2 - 1835-1850]
63
of my property both real and personal for her sup-
-port during her natural life. 4th After the
death of my wife it is my will that my land be
equally divided between my sons and that my
money and personal property be equally divided
between all my children both sons and daughters.
Signed, sealed and executed by me this fourteenth
day of December one thousand eight hundred &
thirty seven the same being first read in my hear-
-ing and presence. Austin Graves {seal}
Isaac Terboss~ Charles Bishop~
The State of Ohio Delaware County; Ss~
In the Court of Com. Pleas June Term 1838~
Isaac Terboss & Charles Bishop being duly sworn
in open Court upon their oaths say that the paper
now produced here in Court purporting to be the
last will & testament of Austin Graves and bearing
date the fourteenth day of December 1837 was by
the said Austin Graves on that day at his residence
in Marlborough Township in the said County, exec-
-uted and published by him as his last will
& testament & that he then & there signed & sealed
the same in our presence as such, and that we
then & there at his request & in his presence and
as witnesses thereto. That the said Austin Graves
was then about the age of forty years was of
sound mind & memory and acting under no
restraint, but of his free will and accord, and
further say not. Charles Bishop
Isaac Terboss~
Subscribed & sworn to in Open court;
June 20th 1838. T. Reynolds Clerk~
Recorded the foregoing Will &c July 17th 1838~
Attest~ T. Reynolds Clerk~
[corresponds to labeled page 63 of Will Records Vol. 2 - 1835-1850]
63
of my property both real and personal for her sup-
-port during her natural life. 4th After the
death of my wife it is my will that my land be
equally divided between my sons and that my
money and personal property be equally divided
between all my children both sons and daughters.
Signed, sealed and executed by me this fourteenth
day of December one thousand eight hundred &
thirty seven the same being first read in my hear-
-ing and presence. Austin Graves {seal}
Isaac Terboss~ Charles Bishop~
The State of Ohio Delaware County; Ss~
In the Court of Com. Pleas June Term 1838~
Isaac Terboss & Charles Bishop being duly sworn
in open Court upon their oaths say that the paper
now produced here in Court purporting to be the
last will & testament of Austin Graves and bearing
date the fourteenth day of December 1837 was by
the said Austin Graves on that day at his residence
in Marlborough Township in the said County, exec-
-uted and published by him as his last will
& testament & that he then & there signed & sealed
the same in our presence as such, and that we
then & there at his request & in his presence and
as witnesses thereto. That the said Austin Graves
was then about the age of forty years was of
sound mind & memory and acting under no
restraint, but of his free will and accord, and
further say not. Charles Bishop
Isaac Terboss~
Subscribed & sworn to in Open court;
June 20th 1838. T. Reynolds Clerk~
Recorded the foregoing Will &c July 17th 1838~
Attest~ T. Reynolds Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 109)
Description
[page 109]
[corresponds to labeled page 64 of Will Records Vol. 2 - 1835-1850]
64
Pleas held at the Court House in Delaware on
the 26th day of June A.D. 1838 before the Honor-
-able Joseph R. Swan President & Ezra Griswold
& John Lugenbeel Esqs two of his Associates,
Judges of the Court of Common Pleas in & for
the County of Delaware in the State of Ohio.
This day the last will & testa-
-ment of Joseph Smart decd was produced in
open Court & proved by the testimony of the
subscribing witnesses thereto as reduced to
writing approved & ordered to be recorded.
And thereupon on motion of William Smart
& John Smart the executors in said will named.
It is ordered that letters testamentary be gran-
-ted them upon their entering into bonds in
the sum of $800.00? with James Dodds and
Sidney Moore as security. And it is further
ordered that George Bean, Jabez Cowles and
Jesse Said appraise the personal property of
said estate.
I, Joseph Smart of the County of Delaware
in the State of Ohio do make and publish this
my last will & testament in manner & form
following that is to say. First, It is my will
that my funeral expences and all my just
debts be fully paid. Second, I give devise &
bequeath to my beloved wife Jane Smart in
lieu of her dower the Plantation on which
we now reside situate in Delaware County on
the waters of Millcreek containing about one
hundred and twenty acres south part of said
farm situate in Union County & State aforesaid
so long as she may remain my widow and all
the live stock horses Cows Sheep & Hogs by me
now owned & Kept thereon, also all the household
furniture & other items not particular mentioned
and otherwise disposed of in this will, she how-
-ever first disposing of ox sufficiencey thereof to
pay my just debts as aforesaid. And that at
the death of my said wife or if she may hereafter
marry all the property hereby devised or bequeathed
[corresponds to labeled page 64 of Will Records Vol. 2 - 1835-1850]
64
Pleas held at the Court House in Delaware on
the 26th day of June A.D. 1838 before the Honor-
-able Joseph R. Swan President & Ezra Griswold
& John Lugenbeel Esqs two of his Associates,
Judges of the Court of Common Pleas in & for
the County of Delaware in the State of Ohio.
This day the last will & testa-
-ment of Joseph Smart decd was produced in
open Court & proved by the testimony of the
subscribing witnesses thereto as reduced to
writing approved & ordered to be recorded.
And thereupon on motion of William Smart
& John Smart the executors in said will named.
It is ordered that letters testamentary be gran-
-ted them upon their entering into bonds in
the sum of $800.00? with James Dodds and
Sidney Moore as security. And it is further
ordered that George Bean, Jabez Cowles and
Jesse Said appraise the personal property of
said estate.
I, Joseph Smart of the County of Delaware
in the State of Ohio do make and publish this
my last will & testament in manner & form
following that is to say. First, It is my will
that my funeral expences and all my just
debts be fully paid. Second, I give devise &
bequeath to my beloved wife Jane Smart in
lieu of her dower the Plantation on which
we now reside situate in Delaware County on
the waters of Millcreek containing about one
hundred and twenty acres south part of said
farm situate in Union County & State aforesaid
so long as she may remain my widow and all
the live stock horses Cows Sheep & Hogs by me
now owned & Kept thereon, also all the household
furniture & other items not particular mentioned
and otherwise disposed of in this will, she how-
-ever first disposing of ox sufficiencey thereof to
pay my just debts as aforesaid. And that at
the death of my said wife or if she may hereafter
marry all the property hereby devised or bequeathed
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 110)
Description
[page 110]
[corresponds to labeled page 65 of Will Records Vol. 2 - 1835-1850]
65
to her as aforesaid or so much as may remain
unexpended to my three sons William John &
Daniel Smart and to their heirs & assigns forever
Third, as for the said Wm Smart, John Smart
& Daniel Smart shall pay my five daughters
Betsey, Sally, Sulinda, Lucinda & Rebecca Smart
at the settlement of the hereby bequeathed estate
the sum of one hundred dollars each. Fourth
I also bequeath to Alvan Rose the sum of fifty
dollars to be paid to him by my Executors out
of the said estate as soon as he may arrive at
the age of twenty one years. And lastly I
hereby constitute & appoint my two eldest sons
Wm and John Smart to be the executors for this
my last will and testament by me made and
revoking and annulling all former wills rati-
-fying and confirming this and no other to be
my last will and testament. In testimony
whereof I have hereunto set my hand and seal
this 17th day of March AD 1838.
John Smart {seal}
Signed published & declared by the above named
Joseph Smart as and for his last will & testament
in presence of us who at his request have signed
as witnesses to the same.
Christian Myers~ Elisha Decker~
Christian Myers & Elisha Decker being examined
in open Court upon their respective oaths say
that they were called upon to witness the exec-
-ution of the last will and testament of Joseph
Smart decd that said Smart acknowledged
the will and testimont now before the court
to be his last will & testament and signed
the same in the presence, that they attested
the same in his presence and at his request
that said testator was of full age of sound mind
& memory & free from any restraint. and is now
deceased. Christian Myers~
Elisha Decker~
Subscribed & sworn to in open Court
June 26th 1838 T. Reynolds Clerk~
[corresponds to labeled page 65 of Will Records Vol. 2 - 1835-1850]
65
to her as aforesaid or so much as may remain
unexpended to my three sons William John &
Daniel Smart and to their heirs & assigns forever
Third, as for the said Wm Smart, John Smart
& Daniel Smart shall pay my five daughters
Betsey, Sally, Sulinda, Lucinda & Rebecca Smart
at the settlement of the hereby bequeathed estate
the sum of one hundred dollars each. Fourth
I also bequeath to Alvan Rose the sum of fifty
dollars to be paid to him by my Executors out
of the said estate as soon as he may arrive at
the age of twenty one years. And lastly I
hereby constitute & appoint my two eldest sons
Wm and John Smart to be the executors for this
my last will and testament by me made and
revoking and annulling all former wills rati-
-fying and confirming this and no other to be
my last will and testament. In testimony
whereof I have hereunto set my hand and seal
this 17th day of March AD 1838.
John Smart {seal}
Signed published & declared by the above named
Joseph Smart as and for his last will & testament
in presence of us who at his request have signed
as witnesses to the same.
Christian Myers~ Elisha Decker~
Christian Myers & Elisha Decker being examined
in open Court upon their respective oaths say
that they were called upon to witness the exec-
-ution of the last will and testament of Joseph
Smart decd that said Smart acknowledged
the will and testimont now before the court
to be his last will & testament and signed
the same in the presence, that they attested
the same in his presence and at his request
that said testator was of full age of sound mind
& memory & free from any restraint. and is now
deceased. Christian Myers~
Elisha Decker~
Subscribed & sworn to in open Court
June 26th 1838 T. Reynolds Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 111)
Description
[page 111]
[corresponds to labeled page 66 of Will Records Vol. 2 - 1835-1850]
66
Recorded the foregoing Will &c July 17th 1838~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
19th day of June A.D. 1838 before the Honorable
Joseph R. Swan President & Ezra Griswold & John
Lugenbeel Esqrs, two of his Associates, Judges of the
Court of Common Pleas in & for the County of
Delaware, in the State of Ohio.
This day the last will & testament of George
Hess decd was produced in Court & the testimony of
Joel Z. Mendenhall, one of the subscribing witnesses
thereto being reduced to writing, & now on file with
the will, & it appearing to the Court that Martha Brit-
-son the other witness to the said will is not a resident
of this State, but resides somewhere in the State of
Indiana. On motion, it is ordered that a Commission
issue, with the Will annexed to Joel Z. Mendenhall
Esqr to take the deposition of the said Martha Britson
as to the execution of the said will, & report the said
deposition to the next term of this Court.
And afterwards, to wit, at the Septr term of the
Court of Common Pleas, held for said County, for the
year 1838 the following proceedings were had & entered
in regard to said will, to wit~
This day Joel Z. Mendenhall the Commissioner
heretofore appointed to take the deposition of Martha
Britson touching the execution of the last will and
testament of George Hess decd made report of his
proceedings with the proof by him taken. And the
Court upon examination of the matter consider said
will duly proved & order the same to be recorded.
And thereupon on motion of Almon Stark & Mary
Magdalena Hess the Executors in said will named
it is ordered that letters testementary be granted
them upon their entering into bonds in the sum
of $2000.00? with Leonard Jones & Joel Z. Mend-
-enhall as security. And it is further ordered
that Amos Utley, James Stark & Nicholas
[corresponds to labeled page 66 of Will Records Vol. 2 - 1835-1850]
66
Recorded the foregoing Will &c July 17th 1838~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
19th day of June A.D. 1838 before the Honorable
Joseph R. Swan President & Ezra Griswold & John
Lugenbeel Esqrs, two of his Associates, Judges of the
Court of Common Pleas in & for the County of
Delaware, in the State of Ohio.
This day the last will & testament of George
Hess decd was produced in Court & the testimony of
Joel Z. Mendenhall, one of the subscribing witnesses
thereto being reduced to writing, & now on file with
the will, & it appearing to the Court that Martha Brit-
-son the other witness to the said will is not a resident
of this State, but resides somewhere in the State of
Indiana. On motion, it is ordered that a Commission
issue, with the Will annexed to Joel Z. Mendenhall
Esqr to take the deposition of the said Martha Britson
as to the execution of the said will, & report the said
deposition to the next term of this Court.
And afterwards, to wit, at the Septr term of the
Court of Common Pleas, held for said County, for the
year 1838 the following proceedings were had & entered
in regard to said will, to wit~
This day Joel Z. Mendenhall the Commissioner
heretofore appointed to take the deposition of Martha
Britson touching the execution of the last will and
testament of George Hess decd made report of his
proceedings with the proof by him taken. And the
Court upon examination of the matter consider said
will duly proved & order the same to be recorded.
And thereupon on motion of Almon Stark & Mary
Magdalena Hess the Executors in said will named
it is ordered that letters testementary be granted
them upon their entering into bonds in the sum
of $2000.00? with Leonard Jones & Joel Z. Mend-
-enhall as security. And it is further ordered
that Amos Utley, James Stark & Nicholas
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 112)
Description
[page 112]
[corresponds to unlabeled page 67 of Will Records Vol. 2 - 1835-1850]
Manville appraise the personal property of said
estate. Be it remembered that I
George Hess of the Township of Kingston, in the Coun
-ty of Delaware & State of Ohio, being in poor health
of body, but through the tender mercy of Almighty
God of sound mind memory & understanding, and
considering the uncertainty of death, do think it
right & proper & incumbent on me to settle my out-
-ward affairs, & do therefore make & publish this my
last will and Testament in manner & form following,
that is to say. First, I will & direct that all my
just debts & funeral expences be duly paid & satisfied
Item, I give & bequeath unto my beloved wife Mary
Magdalena Hess all my property both real, personal
& mixed, during all the term of her natural life,
one half of which to be at her disposal by will at
her decease, & the other half to be disposed of as I
shall herein direct, as follows, to wit. Item, I
will & bequeath unto George Hess son of my brother
Abraham Hess one hundred dollars to be paid to
him at the decease of my wife, if he then has arrived
at the age of twenty one years, & if not arrrived at
that age at her decease, then to be so secured as to
be paid to him when he shall arrive at that age.
Item, I give & bequeath to my neice Polly Matoon, dau-
-ghter of my Brother Isaac Hess deceased, the one half
of the remainder of the aforementioned half of the prop
-erty to be paid to her at the decease of my wife, should
she the said Polly then be living, & in case she should
then be deceased the aforesaid property, shall be equa-
-lly divided between her children, as they arrive at
lawfull age. Item~ I give and bequeath to the
children of my niece, Caty Martin, daughter of my
Brother, Isaac Hess deceased the residue of the afore-
-said half of the property, to be equally divided am-
-ongst them, at the decease of my wife to be paid to
each one respectively as they arrive at lawfull
age. And I nominate & appoint Almon Stark
and my wife Mary Magdalena Hess Executors of
this my last will and Testament and do declare
[corresponds to unlabeled page 67 of Will Records Vol. 2 - 1835-1850]
Manville appraise the personal property of said
estate. Be it remembered that I
George Hess of the Township of Kingston, in the Coun
-ty of Delaware & State of Ohio, being in poor health
of body, but through the tender mercy of Almighty
God of sound mind memory & understanding, and
considering the uncertainty of death, do think it
right & proper & incumbent on me to settle my out-
-ward affairs, & do therefore make & publish this my
last will and Testament in manner & form following,
that is to say. First, I will & direct that all my
just debts & funeral expences be duly paid & satisfied
Item, I give & bequeath unto my beloved wife Mary
Magdalena Hess all my property both real, personal
& mixed, during all the term of her natural life,
one half of which to be at her disposal by will at
her decease, & the other half to be disposed of as I
shall herein direct, as follows, to wit. Item, I
will & bequeath unto George Hess son of my brother
Abraham Hess one hundred dollars to be paid to
him at the decease of my wife, if he then has arrived
at the age of twenty one years, & if not arrrived at
that age at her decease, then to be so secured as to
be paid to him when he shall arrive at that age.
Item, I give & bequeath to my neice Polly Matoon, dau-
-ghter of my Brother Isaac Hess deceased, the one half
of the remainder of the aforementioned half of the prop
-erty to be paid to her at the decease of my wife, should
she the said Polly then be living, & in case she should
then be deceased the aforesaid property, shall be equa-
-lly divided between her children, as they arrive at
lawfull age. Item~ I give and bequeath to the
children of my niece, Caty Martin, daughter of my
Brother, Isaac Hess deceased the residue of the afore-
-said half of the property, to be equally divided am-
-ongst them, at the decease of my wife to be paid to
each one respectively as they arrive at lawfull
age. And I nominate & appoint Almon Stark
and my wife Mary Magdalena Hess Executors of
this my last will and Testament and do declare
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 113)
Description
[page 113]
[corresponds to unlabeled page 68 of Will Records Vol. 2 - 1835-1850]
this only to be my last will & testament. In
witness whereof I the said George Hess the testator
have hereunto set my hand & seal this fifteenth day
of July, in the year of our Lord, one thousand eight
hundred & thirty five
George Hess {seal}
Signed, sealed, pronounced, published & declared by
the said George Hess the testator as & for his will and
testament in the presence of us.
Joel Z. Mendenhall~ Martha X [her mark] Britson
The State of Ohio Delaware County; Ss~
In the Court of Common Pleas, June Term 1838~
Joel Z. Mendenhall being duly sworn in open
Court upon his oath says that the paper now here
produced in Court, purporting to be the last will
& testament of George Hess, & bearing date the fif-
-teenth day of July 1835 was by the said George Hess
on that day executed & published at his residence in
Kingston Township in the said County, as his last
will & testament in the presence of the said Menden-
-hall & Martha Britson witnesses to the said will;
that George Hess then & there signed & sealed the
said will in our /the said witensses/ presence, & that
we then & there in his presence and at his request
& in the presence of each other signed our names
thereto as witnesses, the said Martha Britson making
her mark to her name. That the said George Hess was
then about sixty four years of age, of sound mind
& memory, & acting under no restraint, but of his
own free will & accord. And further say not.
Joel Z. Mendenhall
Subscribed & sworn to in open Court. June 19th 1838
Attest T. Reynolds Clerk~
The State of Ohio Delaware County; Ss~
To the Court of Common Pleas Septr Term 1838
Martha Britson being duly sworn before Joel
Z. Mendenhall Commissioner appointed by the
Court to take this deposition, upon her oath says,
that the paper now here produced to her & purpor-
-ting to be the last will & testament of George Hess
[corresponds to unlabeled page 68 of Will Records Vol. 2 - 1835-1850]
this only to be my last will & testament. In
witness whereof I the said George Hess the testator
have hereunto set my hand & seal this fifteenth day
of July, in the year of our Lord, one thousand eight
hundred & thirty five
George Hess {seal}
Signed, sealed, pronounced, published & declared by
the said George Hess the testator as & for his will and
testament in the presence of us.
Joel Z. Mendenhall~ Martha X [her mark] Britson
The State of Ohio Delaware County; Ss~
In the Court of Common Pleas, June Term 1838~
Joel Z. Mendenhall being duly sworn in open
Court upon his oath says that the paper now here
produced in Court, purporting to be the last will
& testament of George Hess, & bearing date the fif-
-teenth day of July 1835 was by the said George Hess
on that day executed & published at his residence in
Kingston Township in the said County, as his last
will & testament in the presence of the said Menden-
-hall & Martha Britson witnesses to the said will;
that George Hess then & there signed & sealed the
said will in our /the said witensses/ presence, & that
we then & there in his presence and at his request
& in the presence of each other signed our names
thereto as witnesses, the said Martha Britson making
her mark to her name. That the said George Hess was
then about sixty four years of age, of sound mind
& memory, & acting under no restraint, but of his
own free will & accord. And further say not.
Joel Z. Mendenhall
Subscribed & sworn to in open Court. June 19th 1838
Attest T. Reynolds Clerk~
The State of Ohio Delaware County; Ss~
To the Court of Common Pleas Septr Term 1838
Martha Britson being duly sworn before Joel
Z. Mendenhall Commissioner appointed by the
Court to take this deposition, upon her oath says,
that the paper now here produced to her & purpor-
-ting to be the last will & testament of George Hess
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 114)
Description
[page 114]
[corresponds to unlabeled page 69 of Will Records Vol. 2 - 1835-1850]
& bearing date the fifteenth day of July 1835 was by
the said George Hess on that day executed &
published at his residence in Kingston Township
in the said County as his last will & testament in
the presence of the said Joel Z. Mendenhall & Martha
Britson witnesses to the said will, that George Hess
then & there signed & sealed the said will in their
/the said witnesses/ presence, & that they then & there
in his presence, & at his request, & in the presence of
each other signed their names thereto as witnesses.
she the said Martha Britson making her mark to
her name, that the said George Hess was then about
sixty four years of age, of sound mind & memory, &
acting under no restraint, but of his own free will
& accord. And further says not.
Martha X [her mark] Britson
Sworn to & subscribed before me the fourth day of Septr
A.D. 1838~ Joel Z. Mendenhall
Recorded the foregoing Will &c Septr 27th AD 1838
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
13th day of Septr AD 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold, John Brundige
& John Lugenbeel Esqrs his Associates, Judges of the
Court of Common Pleas in & for the county of
Delaware, in the State of Ohio.
This day the last will & testament of John
Griffiths decd was produced in open Court & proved
by the testimony of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be
recorded. I, John Griffiths of Radnor
township,in the county of Delaware & State of Ohio
do make & publish this my last will & testament
in manner & form following that is to say. First, It
is my will that my funeral expenses & all my just
debts be fully paid. Second, I give devise & bequeath
to my beloved wife Margaret Griffiths the undivided
half of the farm on which we now live during her
natural life, situated in Range twenty /20/ Townp
[corresponds to unlabeled page 69 of Will Records Vol. 2 - 1835-1850]
& bearing date the fifteenth day of July 1835 was by
the said George Hess on that day executed &
published at his residence in Kingston Township
in the said County as his last will & testament in
the presence of the said Joel Z. Mendenhall & Martha
Britson witnesses to the said will, that George Hess
then & there signed & sealed the said will in their
/the said witnesses/ presence, & that they then & there
in his presence, & at his request, & in the presence of
each other signed their names thereto as witnesses.
she the said Martha Britson making her mark to
her name, that the said George Hess was then about
sixty four years of age, of sound mind & memory, &
acting under no restraint, but of his own free will
& accord. And further says not.
Martha X [her mark] Britson
Sworn to & subscribed before me the fourth day of Septr
A.D. 1838~ Joel Z. Mendenhall
Recorded the foregoing Will &c Septr 27th AD 1838
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
13th day of Septr AD 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold, John Brundige
& John Lugenbeel Esqrs his Associates, Judges of the
Court of Common Pleas in & for the county of
Delaware, in the State of Ohio.
This day the last will & testament of John
Griffiths decd was produced in open Court & proved
by the testimony of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be
recorded. I, John Griffiths of Radnor
township,in the county of Delaware & State of Ohio
do make & publish this my last will & testament
in manner & form following that is to say. First, It
is my will that my funeral expenses & all my just
debts be fully paid. Second, I give devise & bequeath
to my beloved wife Margaret Griffiths the undivided
half of the farm on which we now live during her
natural life, situated in Range twenty /20/ Townp
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 115)
Description
[page 115]
[corresponds to unlabeled page 70 of Will Records Vol. 2 - 1835-1850]
six /6/. Section two /2/ Lot 9 1/2 & 12 1/2 U.S.M. lands
it being in Radnor Township Delaware County
Ohio. The whole supposed to contain one hundred
acres, also the one undivided half of all the live
stock on said farm consisting of Horses, Cattle,
Sheep, Hogs &c by me now owned & Kept thereon.
Also all the Household & Kitchen furniture during
her natural life. Third, I give & devise to my son
David R. Griffiths at the death of my said wife the
above described tract of land also all the personal
property that may be left at the death of my said
wife. Provided he pays the following legacies /to wit/
First, to my said wife one hundred dollars if she
sees proper to leave my said son David R Griffiths
& goes to live with some other person. Second, To
my son Edward Griffiths fifty dollars to be paid
in four years from the death of my said wife.
Third, to my son Thomas Griffiths fifty dollars
to be paid in one year from the death of my said
wife. Fourth, to my daughter Margaret Humphreys
twenty dollars to be paid in three years after the
death of my said wife. Fifth, To my daughter
Mary Tuller twenty dollars to be paid in three
years after the death of my said wife. Sixth, To
my Grand daughter Jane Griffiths twenty dollars
to be paid in three years after the death of my said
wife. And lastly, I hereby constitute & appoint my
nephew David Griffiths & my friend Robert Davis
to be the executors for this my last will & testament
revoking & annulling all former wills by me made
& ratifying & confirming this and no other to be
my last will & testament. In testimony whereof
I have hereunto set my hand & seal this first
day of September A.D. 1838.
John X [his mark] Griffiths {seal}
Signed, published & declared by the above named
John Griffiths as & for his last will & testament
in presence of us, who at his request have signed as
witnesses to the same. David Griffiths
Morgan Williams~
[corresponds to unlabeled page 70 of Will Records Vol. 2 - 1835-1850]
six /6/. Section two /2/ Lot 9 1/2 & 12 1/2 U.S.M. lands
it being in Radnor Township Delaware County
Ohio. The whole supposed to contain one hundred
acres, also the one undivided half of all the live
stock on said farm consisting of Horses, Cattle,
Sheep, Hogs &c by me now owned & Kept thereon.
Also all the Household & Kitchen furniture during
her natural life. Third, I give & devise to my son
David R. Griffiths at the death of my said wife the
above described tract of land also all the personal
property that may be left at the death of my said
wife. Provided he pays the following legacies /to wit/
First, to my said wife one hundred dollars if she
sees proper to leave my said son David R Griffiths
& goes to live with some other person. Second, To
my son Edward Griffiths fifty dollars to be paid
in four years from the death of my said wife.
Third, to my son Thomas Griffiths fifty dollars
to be paid in one year from the death of my said
wife. Fourth, to my daughter Margaret Humphreys
twenty dollars to be paid in three years after the
death of my said wife. Fifth, To my daughter
Mary Tuller twenty dollars to be paid in three
years after the death of my said wife. Sixth, To
my Grand daughter Jane Griffiths twenty dollars
to be paid in three years after the death of my said
wife. And lastly, I hereby constitute & appoint my
nephew David Griffiths & my friend Robert Davis
to be the executors for this my last will & testament
revoking & annulling all former wills by me made
& ratifying & confirming this and no other to be
my last will & testament. In testimony whereof
I have hereunto set my hand & seal this first
day of September A.D. 1838.
John X [his mark] Griffiths {seal}
Signed, published & declared by the above named
John Griffiths as & for his last will & testament
in presence of us, who at his request have signed as
witnesses to the same. David Griffiths
Morgan Williams~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 116)
Description
[page 116]
[corresponds to unlabeled page 71 of Will Records Vol. 2 - 1835-1850]
Delaware County, Ss~ In Court of Common Pleas
Septr Term 1838~ We David Griffiths & Morgan
Williams being duly sworn in open Court depose &
say that the paper now here produced in open Court
purporting to be the last will & testament of John
Griffiths of Radnor Township in the said county,
bearing date the first day of Septr AD 1838 was by him
the said John Griffiths on that day at his residence
in the said Township signed, sealed & published in
our presence as his last will & testament & we in
his presence & in the presence of each other, then &
there signed our names thereto us witnesses, that
the said John Griffiths was then about the age of
sixty two years, of sound mind & memory & not
acting under any restraint.
Morgan Williams~ David Griffiths~
Subscribed & sworn to in open Court Septr 13th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c Sept 27th 1838
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware, on the 13th
day of Septr AD 1838 before the Honorable Joseph R
Swan President & Ezra Griswold, John Brundige &
John Lugenbeel Esqs his associates, Judges of the Court
of Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of Edith
Smith decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded
And thereupon on motion of John N Cox & Morgan
Williams the Executors in said will named, it is
ordered that letters testementary be granted them upon
their entering into bonds in the sum of $400.00? with
James R. McKinnie & Benjamin F. Allen as security
And it is further ordered that Robert McIlvain,
Benjamin Herbert & John P. Jones appraise the personal
property of said estate.
I Edith Smith of Radnor township in the
[corresponds to unlabeled page 71 of Will Records Vol. 2 - 1835-1850]
Delaware County, Ss~ In Court of Common Pleas
Septr Term 1838~ We David Griffiths & Morgan
Williams being duly sworn in open Court depose &
say that the paper now here produced in open Court
purporting to be the last will & testament of John
Griffiths of Radnor Township in the said county,
bearing date the first day of Septr AD 1838 was by him
the said John Griffiths on that day at his residence
in the said Township signed, sealed & published in
our presence as his last will & testament & we in
his presence & in the presence of each other, then &
there signed our names thereto us witnesses, that
the said John Griffiths was then about the age of
sixty two years, of sound mind & memory & not
acting under any restraint.
Morgan Williams~ David Griffiths~
Subscribed & sworn to in open Court Septr 13th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c Sept 27th 1838
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware, on the 13th
day of Septr AD 1838 before the Honorable Joseph R
Swan President & Ezra Griswold, John Brundige &
John Lugenbeel Esqs his associates, Judges of the Court
of Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of Edith
Smith decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded
And thereupon on motion of John N Cox & Morgan
Williams the Executors in said will named, it is
ordered that letters testementary be granted them upon
their entering into bonds in the sum of $400.00? with
James R. McKinnie & Benjamin F. Allen as security
And it is further ordered that Robert McIlvain,
Benjamin Herbert & John P. Jones appraise the personal
property of said estate.
I Edith Smith of Radnor township in the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 117)
Description
[page 117]
[corresponds to unlabeled page 72 of Will Records Vol. 2 - 1835-1850]
County of Delaware & State of Ohio do make & publish
this my last will & testament in manner & form
following that is to say. First, It is my will that
my funeral expences & all my just debts be fully paid.
Second. I give devise & bequeath to my two sons Lewis
& Joel Smith the farm whereon I now live situated
in Radnor township, Delaware County Ohio, Town-
ship five /5/ Section one /1/. Range twentieth /20/
being a part of Lot No 5 in said section township
& Range in the U.S.M. land described as follows
joining the County road from Delaware to Sandusky.
Beginning at the North West corner of Elias Scribner's
land, thence North thirty five rods & six links, thence
East two hundred rods, thence South thirty five rods
& six links, thence West two hundred rods to the place
of beginning, together with the rents of said farm.
also all my Personal property that may be left
after my funeral expences & all my just debts be
fully paid. And lastly I hereby constitute & appoint
John N. Cox & Morgan Williams to be the executors
for this my last will & testament revoking & annul-
ling all former wills by me made & ratifying and
confirming this & no other to be my last will and
testament. In testimony whereof I have hereunto
set my hand & seal this thirty first day of July in
the year of our Lord one thousand eight hundred
& thirty eight.
Edith + [her mark] Smith {seal}
Signed published & declared by the above Edith
Smith as & for her last will & testament in presence
of us who at her request have signed as witnesses to
the same. Wm Boyd~
Morgan Williams
Delaware County; Ss~ In Court of Common Pleas
Septr Term 1838~ We William Boyd & Morgan
Williams being duly sworn in open Court, depose
& say that the paper now here produced in open Court
purporting to be the last will & testament of Edith
Smith bearing date July 31st 1838 was by her the
said Edith on that day at her residence in Radnor
[corresponds to unlabeled page 72 of Will Records Vol. 2 - 1835-1850]
County of Delaware & State of Ohio do make & publish
this my last will & testament in manner & form
following that is to say. First, It is my will that
my funeral expences & all my just debts be fully paid.
Second. I give devise & bequeath to my two sons Lewis
& Joel Smith the farm whereon I now live situated
in Radnor township, Delaware County Ohio, Town-
ship five /5/ Section one /1/. Range twentieth /20/
being a part of Lot No 5 in said section township
& Range in the U.S.M. land described as follows
joining the County road from Delaware to Sandusky.
Beginning at the North West corner of Elias Scribner's
land, thence North thirty five rods & six links, thence
East two hundred rods, thence South thirty five rods
& six links, thence West two hundred rods to the place
of beginning, together with the rents of said farm.
also all my Personal property that may be left
after my funeral expences & all my just debts be
fully paid. And lastly I hereby constitute & appoint
John N. Cox & Morgan Williams to be the executors
for this my last will & testament revoking & annul-
ling all former wills by me made & ratifying and
confirming this & no other to be my last will and
testament. In testimony whereof I have hereunto
set my hand & seal this thirty first day of July in
the year of our Lord one thousand eight hundred
& thirty eight.
Edith + [her mark] Smith {seal}
Signed published & declared by the above Edith
Smith as & for her last will & testament in presence
of us who at her request have signed as witnesses to
the same. Wm Boyd~
Morgan Williams
Delaware County; Ss~ In Court of Common Pleas
Septr Term 1838~ We William Boyd & Morgan
Williams being duly sworn in open Court, depose
& say that the paper now here produced in open Court
purporting to be the last will & testament of Edith
Smith bearing date July 31st 1838 was by her the
said Edith on that day at her residence in Radnor
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 118)
Description
[page 118]
[corresponds to labeled page 73 of Will Records Vol. 2 - 1835-1850]
73
Township in the said County signed, sealed & published
in our presence as her last will & testament and we
in her presence & in the presence of each other then &
there signed our names thereto as witnesses. That the
said Edith Smith was then of the age of forty years
of sound mind & memory & acting under no restraint
Morgan Williams~ Wm Boyd~
Subscribed & sworn to in open Court Septr 13th 1838~
T. Reynolds Clerk~
Recorded the foregoing Will &c ~Septr 28th 1838~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware, on the
13th day of Septr AD 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold, John Brundige &
John Lugenbeel Esqs his Associates, Judges of the Court
of Common Pleas in & for the County of Delaware in
the State of Ohio.
This day an authenticated Copy of the Will
of Joseph D. Selden of the County of Saratoga in the
State of New York. proved according to the laws of said
State & having relation to real property within this
County, was presented by Mr. Swan in behalf of the
Executrix to such will, & upon his motion it is ordered
by the Court here, that the same be admitted to record.
The people of the State of New York
By the Grace of God Free and Independent~
{seal} To all to whom these Presents shall come
or may concern~ Send Greeting~
Know ye. that at the City of Troy, in the County of
Renselaer, on the first day of May in the year of our
Lord one thousand eight hundred & thirty seven before
Job Pierson surrogate of the County of Renselaer the
last will and testament of Joseph D. Selden late of the
City of Troy in the said County, deceased /a copy whereof
is hereunto annexed/ was proved and is now approved
& allowed by us: and the said deceased having whilst
living and at the time of his death goods, chattels and
credits within this State, by means whereof the prov-
-ing and registering the said will & granting administra-
[corresponds to labeled page 73 of Will Records Vol. 2 - 1835-1850]
73
Township in the said County signed, sealed & published
in our presence as her last will & testament and we
in her presence & in the presence of each other then &
there signed our names thereto as witnesses. That the
said Edith Smith was then of the age of forty years
of sound mind & memory & acting under no restraint
Morgan Williams~ Wm Boyd~
Subscribed & sworn to in open Court Septr 13th 1838~
T. Reynolds Clerk~
Recorded the foregoing Will &c ~Septr 28th 1838~
Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware, on the
13th day of Septr AD 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold, John Brundige &
John Lugenbeel Esqs his Associates, Judges of the Court
of Common Pleas in & for the County of Delaware in
the State of Ohio.
This day an authenticated Copy of the Will
of Joseph D. Selden of the County of Saratoga in the
State of New York. proved according to the laws of said
State & having relation to real property within this
County, was presented by Mr. Swan in behalf of the
Executrix to such will, & upon his motion it is ordered
by the Court here, that the same be admitted to record.
The people of the State of New York
By the Grace of God Free and Independent~
{seal} To all to whom these Presents shall come
or may concern~ Send Greeting~
Know ye. that at the City of Troy, in the County of
Renselaer, on the first day of May in the year of our
Lord one thousand eight hundred & thirty seven before
Job Pierson surrogate of the County of Renselaer the
last will and testament of Joseph D. Selden late of the
City of Troy in the said County, deceased /a copy whereof
is hereunto annexed/ was proved and is now approved
& allowed by us: and the said deceased having whilst
living and at the time of his death goods, chattels and
credits within this State, by means whereof the prov-
-ing and registering the said will & granting administra-
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 119)
Description
[page 119]
[corresponds to labeled page 74 of Will Records Vol. 2 - 1835-1850]
74
-tion of all and singular the said goods, chattels & credits
and also the auditing, allowing & finally discharging
the account thereof doth belong to us; the administration
of all and singular the goods, chattels & credits of the said
deceased and the way concerning his will is granted
unto Ethelinda Selden the sole executrix in the said
will named, she having first taken & subscribed an
oath before the said Surrogate, faithfully & honestly to
discharge the duties of such executrix hereby requiring
you the said Ethelinda Selden executrix to make or
cause to be made a true & perfect inventory of all &
singular the goods, chattels & credits of the said deceased
which have or shall come to your hands, possession
or knowledge; as also to make or cause to be made
duplicates of such inventory, & cause the same to be
signed by the appraisers, & the same so made & signed
that you make return thereof to the Surrogate of the
said County within three months from the date
hereof. In testimony whereof we have caused the
seal of office of our said Surrogate to be hereunto
affixed. Witness, Job Pierson Esquire Surrogate of
the said County of Rensselaer, at his office in the
City of Troy in said County, the first day of June in
the year of our Lord one thousand eight hundred
& thirty seven.
J. Pierson Surrogate~
State of New York. Rensselaer County; Ss~
Be it remembered, that on the 1st day of June 1837
Ethilinda Selden the sole executrix named in the
last will and testament of Joseph D. Selden decd
appeared before me & took & subscribed the oath of
an executrix as by law prescribed. Given under
my hand, at my Office in the City of Troy. in said
County, this 1st day of June 1837.
J. Pierson Surrogate
In the name of God Amen, I Joseph Selden
at present of the village of Ballston Spa, in the
County of Saratoga & State of New York do make &
publish this my last will & testament in manner
& form following, that is to say. First, I give and
[corresponds to labeled page 74 of Will Records Vol. 2 - 1835-1850]
74
-tion of all and singular the said goods, chattels & credits
and also the auditing, allowing & finally discharging
the account thereof doth belong to us; the administration
of all and singular the goods, chattels & credits of the said
deceased and the way concerning his will is granted
unto Ethelinda Selden the sole executrix in the said
will named, she having first taken & subscribed an
oath before the said Surrogate, faithfully & honestly to
discharge the duties of such executrix hereby requiring
you the said Ethelinda Selden executrix to make or
cause to be made a true & perfect inventory of all &
singular the goods, chattels & credits of the said deceased
which have or shall come to your hands, possession
or knowledge; as also to make or cause to be made
duplicates of such inventory, & cause the same to be
signed by the appraisers, & the same so made & signed
that you make return thereof to the Surrogate of the
said County within three months from the date
hereof. In testimony whereof we have caused the
seal of office of our said Surrogate to be hereunto
affixed. Witness, Job Pierson Esquire Surrogate of
the said County of Rensselaer, at his office in the
City of Troy in said County, the first day of June in
the year of our Lord one thousand eight hundred
& thirty seven.
J. Pierson Surrogate~
State of New York. Rensselaer County; Ss~
Be it remembered, that on the 1st day of June 1837
Ethilinda Selden the sole executrix named in the
last will and testament of Joseph D. Selden decd
appeared before me & took & subscribed the oath of
an executrix as by law prescribed. Given under
my hand, at my Office in the City of Troy. in said
County, this 1st day of June 1837.
J. Pierson Surrogate
In the name of God Amen, I Joseph Selden
at present of the village of Ballston Spa, in the
County of Saratoga & State of New York do make &
publish this my last will & testament in manner
& form following, that is to say. First, I give and
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 120)
Description
[page 120]
[corresponds to labeled page 75 of Will Records Vol. 2 - 1835-1850]
75
bequeath to my wife Ethelinda Selden all my person-
-al Estate of every Kind & description, which I may
own at the time of my death, To have & to hold the
same to her and her legal representatives forever,
Second I give and devise to my said wife Ethelinda
all the real estate and chattels, Real which I may
own or be possessed of at the time of my death of what
nature soever the same may be, or wheresoever the same
may be situated. To have and to hold the same to her
the said Ethelinda, her heirs and assigns forever~
Third~ I hereby nominate, constitute and appoint
my said wife Ethelinda Sole executrix of this my
last will & testament. Fourth, I hereby expressly
revoke all other wills be me at any time made.
In witness whereof I have hereunto set my hand
and seal this eighteenth day of April one thousand
eight hundred & thirty six.
Joseph D. Selden LS.
Signed, sealed, published & declared by the Testator to
be his last will and Testament in the presence of us, who
at his request and in his presnece and in the presence of
each other, have hereunto subscribed our names as witnesses.
Lebbens Booth of Ballston Spa. Saratoga County~
Lucretia Booth of Ballston Spa. Saratoga County~
I certify the foregoing to be a true Copy of the last will
& testament of Joseph D. Selden deceased June 1st 1837,
J. Pierson Surrogate~
Recorded the foregoing authenticated Copy of Will etc~
Septr 29th 1838~ Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
17th day of Septr AD 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold, John Brundige
& John Lugenbeel Esqrs his Associates, Judges of the
Court of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will and testament of Thomas
Davies decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved and ordered to be
[corresponds to labeled page 75 of Will Records Vol. 2 - 1835-1850]
75
bequeath to my wife Ethelinda Selden all my person-
-al Estate of every Kind & description, which I may
own at the time of my death, To have & to hold the
same to her and her legal representatives forever,
Second I give and devise to my said wife Ethelinda
all the real estate and chattels, Real which I may
own or be possessed of at the time of my death of what
nature soever the same may be, or wheresoever the same
may be situated. To have and to hold the same to her
the said Ethelinda, her heirs and assigns forever~
Third~ I hereby nominate, constitute and appoint
my said wife Ethelinda Sole executrix of this my
last will & testament. Fourth, I hereby expressly
revoke all other wills be me at any time made.
In witness whereof I have hereunto set my hand
and seal this eighteenth day of April one thousand
eight hundred & thirty six.
Joseph D. Selden LS.
Signed, sealed, published & declared by the Testator to
be his last will and Testament in the presence of us, who
at his request and in his presnece and in the presence of
each other, have hereunto subscribed our names as witnesses.
Lebbens Booth of Ballston Spa. Saratoga County~
Lucretia Booth of Ballston Spa. Saratoga County~
I certify the foregoing to be a true Copy of the last will
& testament of Joseph D. Selden deceased June 1st 1837,
J. Pierson Surrogate~
Recorded the foregoing authenticated Copy of Will etc~
Septr 29th 1838~ Attest~ T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the
17th day of Septr AD 1838 before the Honorable Joseph
R. Swan President & Ezra Griswold, John Brundige
& John Lugenbeel Esqrs his Associates, Judges of the
Court of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will and testament of Thomas
Davies decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved and ordered to be
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 121)
Description
[page 121]
[corresponds to labeled page 76 of Will Records Vol. 2 - 1835-1850]
76
recorded. I Thomas Davies of Delaware
Township, Delaware County & State of Ohio, being weak
in body but sound in mind understanding & memory
&c Do hereby make my last will and testament in the
following manner, that is to say, 1. That all my just
debts and funeral expenses be fully paid by my admin-
-istrators herein after named. 2. I give devise and
bequeath to my wife Elizabeth during her natural
life, the farm, or tract of Land being in the County
of Delaware in Range 19. Township 5. Section 3 United
States Military land bounded as follows, to wit, com-
-mencing at the point where the west line of Abraham
Williams Land crosses the Delaware run thence South a
long said line and Azariah Root J. west line to the
section line, thence west fifty five rods, thence North
along Moses Thompsons east line & C.B. Campbells east
line to a Beach Walnut-tree near Delaware run thence
East to said run thence down said run to the place
beginning containing one hundred & twenty acres.
3. After the death of my much esteemed wife, it is my
will & request that the above tract of land to be equally
divided among my four children viz. William Davies
my eldest son, who lives with me at present. 2. David
Davies, who is now living in Wales. Jedidiah Davies who
lives home & Elizabeth Davies my daughter. 4. I nom-
-inate and appoint William Davies my eldest son to
be joint administrator together with my much beloved
wife Elizabeth of this my last will an Testament and
hereby disannulling and revoking all former will or
wills heretofore by me made and declare this to be my
last will and testament. In witness thereof I hereunto
set my hand seal the twelfth day of May one
thousand eight hundred & thirty eight.
the mark Y of {seal}
Thomas Davies the Testator~
Signed, published and declared by the above named
Thomas Davies as and for his last will and testament
in the presence of us, who at his request have signed
as witnesses to the same~
Abraham Edwards~ Evan Davies~
[corresponds to labeled page 76 of Will Records Vol. 2 - 1835-1850]
76
recorded. I Thomas Davies of Delaware
Township, Delaware County & State of Ohio, being weak
in body but sound in mind understanding & memory
&c Do hereby make my last will and testament in the
following manner, that is to say, 1. That all my just
debts and funeral expenses be fully paid by my admin-
-istrators herein after named. 2. I give devise and
bequeath to my wife Elizabeth during her natural
life, the farm, or tract of Land being in the County
of Delaware in Range 19. Township 5. Section 3 United
States Military land bounded as follows, to wit, com-
-mencing at the point where the west line of Abraham
Williams Land crosses the Delaware run thence South a
long said line and Azariah Root J. west line to the
section line, thence west fifty five rods, thence North
along Moses Thompsons east line & C.B. Campbells east
line to a Beach Walnut-tree near Delaware run thence
East to said run thence down said run to the place
beginning containing one hundred & twenty acres.
3. After the death of my much esteemed wife, it is my
will & request that the above tract of land to be equally
divided among my four children viz. William Davies
my eldest son, who lives with me at present. 2. David
Davies, who is now living in Wales. Jedidiah Davies who
lives home & Elizabeth Davies my daughter. 4. I nom-
-inate and appoint William Davies my eldest son to
be joint administrator together with my much beloved
wife Elizabeth of this my last will an Testament and
hereby disannulling and revoking all former will or
wills heretofore by me made and declare this to be my
last will and testament. In witness thereof I hereunto
set my hand seal the twelfth day of May one
thousand eight hundred & thirty eight.
the mark Y of {seal}
Thomas Davies the Testator~
Signed, published and declared by the above named
Thomas Davies as and for his last will and testament
in the presence of us, who at his request have signed
as witnesses to the same~
Abraham Edwards~ Evan Davies~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 122)
Description
[page 122]
[corresponds to labeled page 77 of Will Records Vol. 2 - 1835-1850]
77
The State of Ohio Delaware County; Ss~
In the Court of Common Pleas. September Term 1838
We Abraham Edwards & Evan Davies being duly
sworn in open Court upon our oaths depose and say
that the paper now here produced in open Court, pur-
-porting to be the last will & testament of Thomas
Davies bearing date the twelfth day of May AD 1838
was by the said Thomas Davies on the day of the date
thereof at his residence in the Township of Delaware
in the said County in our presence signed with his
mark to his name, and then & there by him published
as his last will & testament in our presence. & we then
& there in his presence, at his request, & in the presence
of each other signed our names thereto as witnesses,
that the said Thomas Davies was then about
years of age, of sound mind & memory and acting
under no restraint, and further say not.
Abraham Edwards~ Evan Davies~
Subscribed & sworn to in open Court, Septr 17th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c Septr 29th 1838
Attest~ T. Reynolds Clerk~
Pleas held at a special Court held at the Court House in Dela-
-ware on the 18th day of December A.D. 1838 before the Honorable
Ezra Griswold, John Brundige & John Lugenbeel Associate
Judges of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio.
This day the last will & testament of Gilbert Carpen-
-ter decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing, appro-
-ved & ordered to be recorded. And thereupon on motion of
Henry Carpenter & James H. Cutler the Executors in said will
named, it is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of $2000.00? with
Benjamin Carpenter 2nd & Alpheus Bigelow as security.
And it is further ordered that Francis Williams, Amos
Searles & Ira Arnold appraise the personal property of said
estate. I Gilbert Carpenter of the County
of Delaware and State of Ohio being in perfect sound and
[corresponds to labeled page 77 of Will Records Vol. 2 - 1835-1850]
77
The State of Ohio Delaware County; Ss~
In the Court of Common Pleas. September Term 1838
We Abraham Edwards & Evan Davies being duly
sworn in open Court upon our oaths depose and say
that the paper now here produced in open Court, pur-
-porting to be the last will & testament of Thomas
Davies bearing date the twelfth day of May AD 1838
was by the said Thomas Davies on the day of the date
thereof at his residence in the Township of Delaware
in the said County in our presence signed with his
mark to his name, and then & there by him published
as his last will & testament in our presence. & we then
& there in his presence, at his request, & in the presence
of each other signed our names thereto as witnesses,
that the said Thomas Davies was then about
years of age, of sound mind & memory and acting
under no restraint, and further say not.
Abraham Edwards~ Evan Davies~
Subscribed & sworn to in open Court, Septr 17th 1838
T. Reynolds Clerk~
Recorded the foregoing Will &c Septr 29th 1838
Attest~ T. Reynolds Clerk~
Pleas held at a special Court held at the Court House in Dela-
-ware on the 18th day of December A.D. 1838 before the Honorable
Ezra Griswold, John Brundige & John Lugenbeel Associate
Judges of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio.
This day the last will & testament of Gilbert Carpen-
-ter decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing, appro-
-ved & ordered to be recorded. And thereupon on motion of
Henry Carpenter & James H. Cutler the Executors in said will
named, it is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of $2000.00? with
Benjamin Carpenter 2nd & Alpheus Bigelow as security.
And it is further ordered that Francis Williams, Amos
Searles & Ira Arnold appraise the personal property of said
estate. I Gilbert Carpenter of the County
of Delaware and State of Ohio being in perfect sound and
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 123)
Description
[page 123]
[corresponds to labeled page 78 of Will Records Vol. 2 - 1835-1850]
78
disposing mind and memory and understanding consider-
-ing the uncertainty of life, do make this my last will and
testament in manner following that is to say. 1st My will
is that the expences of my last sickness and funeral be first
paid. 2nd All just debts by me owing at the time of my
death. 3rd That the balance of my personal property be
divided as follows, to wit, Enough to my beloved wife to
make her comfortable through her lifetime to be set of to
her by three disinterested men, and the remainder to
be equally divided with all my heirs. 4th And all the
real estate that I possess in any way or manner in the
village of Galena unto my two sons to wit, Henry & George
B. Carpenter to have & to hold to them and their heirs forever
as their own proper estate of inheritance. 5th The farm on
which I now live to my beloved wife her lifetime & then
to be divided as follows to wit, as two is to three that is to say
three to my three sons Henry, Lyman & George B. Carpenter
and two to my daughter Mary Scovill also two to the heirs
of Eleazer, deceased. 9th Lastly I do hereby constitute and
appoint Henry Carpenter & James H. Cutler of the County
of Delaware & State of Ohio to be the executors of this my
last will and testament, revoking & annulling all former
+by me heretofore made ratifying & confirming this+
In testimony whereof I have hereunto set my
hand and seal this 7th December in the year of our Lord 1838.
Gilbert X [his mark] Carpenter {seal}
Signed sealed published and declared by Gilbert Carpenter
the above testator as and for his last will and testament in
the presence of us who at his request & in his presence
have subscribed our names as witnesses thereto.
Hiram Carpenter
Alpheus Bigelow
The State of Ohio Delawaare County, Ss~
At the special session of the Court of Common Pleas for the
said County held at the Clerk's Office in the Town of Del-
-aware on the 18th day of December AD 1838 Hiram
Carpenter & Alpheus Bigelow being sworn in open Court
upon their oaths say that the paper now here produced
in Court purporting to be the last will & testament of
Gilbert Carpenter late of the said County since decd.
[corresponds to labeled page 78 of Will Records Vol. 2 - 1835-1850]
78
disposing mind and memory and understanding consider-
-ing the uncertainty of life, do make this my last will and
testament in manner following that is to say. 1st My will
is that the expences of my last sickness and funeral be first
paid. 2nd All just debts by me owing at the time of my
death. 3rd That the balance of my personal property be
divided as follows, to wit, Enough to my beloved wife to
make her comfortable through her lifetime to be set of to
her by three disinterested men, and the remainder to
be equally divided with all my heirs. 4th And all the
real estate that I possess in any way or manner in the
village of Galena unto my two sons to wit, Henry & George
B. Carpenter to have & to hold to them and their heirs forever
as their own proper estate of inheritance. 5th The farm on
which I now live to my beloved wife her lifetime & then
to be divided as follows to wit, as two is to three that is to say
three to my three sons Henry, Lyman & George B. Carpenter
and two to my daughter Mary Scovill also two to the heirs
of Eleazer, deceased. 9th Lastly I do hereby constitute and
appoint Henry Carpenter & James H. Cutler of the County
of Delaware & State of Ohio to be the executors of this my
last will and testament, revoking & annulling all former
+by me heretofore made ratifying & confirming this+
In testimony whereof I have hereunto set my
hand and seal this 7th December in the year of our Lord 1838.
Gilbert X [his mark] Carpenter {seal}
Signed sealed published and declared by Gilbert Carpenter
the above testator as and for his last will and testament in
the presence of us who at his request & in his presence
have subscribed our names as witnesses thereto.
Hiram Carpenter
Alpheus Bigelow
The State of Ohio Delawaare County, Ss~
At the special session of the Court of Common Pleas for the
said County held at the Clerk's Office in the Town of Del-
-aware on the 18th day of December AD 1838 Hiram
Carpenter & Alpheus Bigelow being sworn in open Court
upon their oaths say that the paper now here produced
in Court purporting to be the last will & testament of
Gilbert Carpenter late of the said County since decd.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 124)
Description
[page 124]
[corresponds to labeled page 79 of Will Records Vol. 2 - 1835-1850]
79
bearing date the 7th day of December AD 1838 was signed
sealed and published by the said Gilbert Carpenter at his
residence in the said County on the day of the date thereof
in our presence and that we in his presence, and in the
presence of each other at his request signed our names
thereto as witnesses; and which the said Gilbert Carpenter
then & there acknowledged the signing thereof as his
will & testament. And they say that the said Gilbert
Carpenter was then about the age of sixty six years of
sound mind & memory and not acting under any re-
-straint, and further say not. Alpheus Bigelow
Hiram Carpenter~
Subscribed & sworn to in open Court Decr 18th 1838
T. Reynolds Clerk~
Recorded the foregoing Will etc. Decr 24th 1838
Attest~ T. Reynolds Clerk~
Pleas at a special Court held at the Court House in Delaware
on the 29th day of Jany A.D. 1839 before the Honorable
Ezra Griswold, John Brundige & John Lugenbeel Esqr
associate Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio
This day the last will & testament of James
McNear decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as red-
-uced to writing, approved & ordered to be recorded. And
thereupon on motion of Major Evans one of the Executors
in said will named /Deanna McNear the other Exr
therein named having declined acting as per file/ it is there-
-upon ordered that letters testamentary be granted to the
said Major Evans upon his entering into bonds in the sum
of $1500.00? with Benjamin T. Vail & Wheeler Whitney
as security. And it is further ordered that Robert S.
Kelso, Amza Crane & Enos Wilson appraise the person-
-al property of said estate.
I James McNear of the County of Delaware in
the State of Ohio do make & publish this my last will &
testament in manner & form following that is to say.
First, It is my will that my funeral charges and all
my just debts be fully paid. Second, I give devise &
[corresponds to labeled page 79 of Will Records Vol. 2 - 1835-1850]
79
bearing date the 7th day of December AD 1838 was signed
sealed and published by the said Gilbert Carpenter at his
residence in the said County on the day of the date thereof
in our presence and that we in his presence, and in the
presence of each other at his request signed our names
thereto as witnesses; and which the said Gilbert Carpenter
then & there acknowledged the signing thereof as his
will & testament. And they say that the said Gilbert
Carpenter was then about the age of sixty six years of
sound mind & memory and not acting under any re-
-straint, and further say not. Alpheus Bigelow
Hiram Carpenter~
Subscribed & sworn to in open Court Decr 18th 1838
T. Reynolds Clerk~
Recorded the foregoing Will etc. Decr 24th 1838
Attest~ T. Reynolds Clerk~
Pleas at a special Court held at the Court House in Delaware
on the 29th day of Jany A.D. 1839 before the Honorable
Ezra Griswold, John Brundige & John Lugenbeel Esqr
associate Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio
This day the last will & testament of James
McNear decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as red-
-uced to writing, approved & ordered to be recorded. And
thereupon on motion of Major Evans one of the Executors
in said will named /Deanna McNear the other Exr
therein named having declined acting as per file/ it is there-
-upon ordered that letters testamentary be granted to the
said Major Evans upon his entering into bonds in the sum
of $1500.00? with Benjamin T. Vail & Wheeler Whitney
as security. And it is further ordered that Robert S.
Kelso, Amza Crane & Enos Wilson appraise the person-
-al property of said estate.
I James McNear of the County of Delaware in
the State of Ohio do make & publish this my last will &
testament in manner & form following that is to say.
First, It is my will that my funeral charges and all
my just debts be fully paid. Second, I give devise &
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 125)
Description
[page 125]
[corresponds to labeled page 80 of Will Records Vol. 2 - 1835-1850]
80
bequeath to my beloved wife Deanna McNear in lieu
of her dower the use of the farm on which we now reside
containing Eighty+ it being a part of the South east quar-
-ter bounded on the east by forty acres belonging to
Josiah S. Bennet on the South by the section line on the
west by fifty acres I sold to Daniel McNear and on the
North by Martin Mead also the use of all my loose
property till my youngest Child becomes fourteen years
of age after which time she is to have one third of the
aforesaid property during her natural life. Third, It
is my will after my wife is done with the aforesaid
property that the Land herein specified be equally
divided between my two sons Abram & James Mc
Near my son Daniel having his portion set off during
my life time this article of my will is upon this express
condition that my two sons Abram & James pay to my
daughters the full sum of thirty dollars a piece before
they can lawfully inherit the aforesaid legacy. Fourth
It is my will that after my wife is done with the use
of my loose property that it be equally divided between
all my children. And lastly I hereby constitute and
appoint my said wife Deanna McNear and my son-
in law Major Evans to be the executors of this my last
will & testament revoking and annulling all former
wills by me made and ratifying and confirming this &
no other to be my last will and testament, in testimony
whereof I have hereunto set my hand and seal this
Jan. 14th 1839. James x [his mark] McNear {seal}
Signed published and declared by the above
named James McNear as and for his last will and
testament in presence of us who at his request have signed
as witnesses to the same. Robt. S. Kelso
Benjamin T. Vail~
The State of Ohio Delaware County, Ss~
At a special session of the Court of Common Pleas for
the said County held at the Clerks Office in the Town
of Delaware on the 29th day of January 1839 Robert
S. Kelso & Benjamin T. Vail being sworn in open
Court upon their oaths say that the paper now here
produced in Court & which purports to be the last
[corresponds to labeled page 80 of Will Records Vol. 2 - 1835-1850]
80
bequeath to my beloved wife Deanna McNear in lieu
of her dower the use of the farm on which we now reside
containing Eighty+ it being a part of the South east quar-
-ter bounded on the east by forty acres belonging to
Josiah S. Bennet on the South by the section line on the
west by fifty acres I sold to Daniel McNear and on the
North by Martin Mead also the use of all my loose
property till my youngest Child becomes fourteen years
of age after which time she is to have one third of the
aforesaid property during her natural life. Third, It
is my will after my wife is done with the aforesaid
property that the Land herein specified be equally
divided between my two sons Abram & James Mc
Near my son Daniel having his portion set off during
my life time this article of my will is upon this express
condition that my two sons Abram & James pay to my
daughters the full sum of thirty dollars a piece before
they can lawfully inherit the aforesaid legacy. Fourth
It is my will that after my wife is done with the use
of my loose property that it be equally divided between
all my children. And lastly I hereby constitute and
appoint my said wife Deanna McNear and my son-
in law Major Evans to be the executors of this my last
will & testament revoking and annulling all former
wills by me made and ratifying and confirming this &
no other to be my last will and testament, in testimony
whereof I have hereunto set my hand and seal this
Jan. 14th 1839. James x [his mark] McNear {seal}
Signed published and declared by the above
named James McNear as and for his last will and
testament in presence of us who at his request have signed
as witnesses to the same. Robt. S. Kelso
Benjamin T. Vail~
The State of Ohio Delaware County, Ss~
At a special session of the Court of Common Pleas for
the said County held at the Clerks Office in the Town
of Delaware on the 29th day of January 1839 Robert
S. Kelso & Benjamin T. Vail being sworn in open
Court upon their oaths say that the paper now here
produced in Court & which purports to be the last
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 126)
Description
[page 126]
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81
will & testament of James McNear late of the said
County decd bearing date the 14th day of January 1839
was signed sealed & published by the said James McNear
at his residence in the said County on the day of the date
thereof in our presence & that we in his presence & in
the presence of each other at his request signed our names
thereto as witnesses & the said James McNear then and
there acknowledged the execution thereof as his last
will and testament, & they say that the said James
McNear was about the age of sixty years & of sound
& disposing mind & memory & not acting under any
restraint & further say not. Robt S. Kelso
Benj. T. Vail
Subscribed & sworn to in open Court Jany 29th 1839.
T. Reynolds Clerk~
Recorded the foregoing Will etc Jany 30th 1839
Attest T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the 6th
day of March AD 1839 before the Honorable Joseph R
Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his associates, Judges of the Court of Com-
-mon Pleas in & for the County of Delaware in the State
of Ohio.
This day the last will & testament of Simon Condit
decd was produced in open Court & proved by the testimony
of two of his subscribing witnesses thereto as reduced to wri-
-ting, approved & ordered to be recorded. And thereupon on
motion of Jotham Condit & Alvin P. Condit the executors in
said will named, it is ordered that letters testementary be
granted them, upon their entering into bonds in the sum
of $7000,00? with Allen McLane & Titus Knox as
security. And it is further ordered that Squire Wheaton,
Silas Ogden & Isaac Gregory appraise the personal property
of said estate.
In the name of God Amen, I Simon Condit of
Trenton township in the County of Delaware & State of
Ohir being of sound mind and memory do make and
publish this for my last will and testament.
Item, I give and bequeath to my dear wife Elizabeth
[corresponds to labeled page 81 of Will Records Vol. 2 - 1835-1850]
81
will & testament of James McNear late of the said
County decd bearing date the 14th day of January 1839
was signed sealed & published by the said James McNear
at his residence in the said County on the day of the date
thereof in our presence & that we in his presence & in
the presence of each other at his request signed our names
thereto as witnesses & the said James McNear then and
there acknowledged the execution thereof as his last
will and testament, & they say that the said James
McNear was about the age of sixty years & of sound
& disposing mind & memory & not acting under any
restraint & further say not. Robt S. Kelso
Benj. T. Vail
Subscribed & sworn to in open Court Jany 29th 1839.
T. Reynolds Clerk~
Recorded the foregoing Will etc Jany 30th 1839
Attest T. Reynolds Clerk~
Pleas held at the Court House in Delaware on the 6th
day of March AD 1839 before the Honorable Joseph R
Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his associates, Judges of the Court of Com-
-mon Pleas in & for the County of Delaware in the State
of Ohio.
This day the last will & testament of Simon Condit
decd was produced in open Court & proved by the testimony
of two of his subscribing witnesses thereto as reduced to wri-
-ting, approved & ordered to be recorded. And thereupon on
motion of Jotham Condit & Alvin P. Condit the executors in
said will named, it is ordered that letters testementary be
granted them, upon their entering into bonds in the sum
of $7000,00? with Allen McLane & Titus Knox as
security. And it is further ordered that Squire Wheaton,
Silas Ogden & Isaac Gregory appraise the personal property
of said estate.
In the name of God Amen, I Simon Condit of
Trenton township in the County of Delaware & State of
Ohir being of sound mind and memory do make and
publish this for my last will and testament.
Item, I give and bequeath to my dear wife Elizabeth
Title
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Description
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[corresponds to labeled page 82 of Will Records Vol. 2 - 1835-1850]
82
Condit her choice of the house or a room of my house,
and the use of my farm on which I now live, as long
as she may remain my widow, two Cows, one horse &
one chair or wagon. Item, I bequeath to my said
dear wife Elizabeth forty dollars annually during her
life, and in case of her marriage to have the same paid
to her notwithstanding, or to her order only, it being my
intent that the same shall not be payable to, or liable to
the order of her said husband, if accepted, if not accepted
as such within forty days after my decease, then my will
is that the said anuity be void. Item, I give & bequeath
to my six daughters that is Electa Ward, Polly Harrison
Naomi Ward, Jemima Pierson, Rebekah Condit and
Matilda William each fifty dollars a piece. Item,
All the rest & residue of my estate after payment of
debts, legacies & funeral expenses both real & personal
I give and devise to my two sons Jotham Condit and
Alvin P. Condit, and to the widow & heirs of my deceast
son Joseph S. Condit in three equal shares, to their heirs
and assigns forever, to share alike in fee simple.
I appoint my two sons Jotham Condit and Alvin P.
Condit execotors of this my testament & last will.
In witness whereof, I have hereunto set my
hand and seal this twenty fifth day of January in the
year of our Lord one thousand eight hundred & thirty
six. Simon Condit {seal}
Signed, sealed, published and declared by the said
Simon Condit to be his testament and last will in
presence of us. Gilbert Vandorn, Samuel Peck
Amos W. Condit~
Gilbert Vandorn & Amos W. Condit being first duly sworn
say that the paper herewith presented which purports to
be the last will & testament of Simon Condit was execu-
-ted by said Simon Condit since deceased in their presence
& in their presence by him declared to be his last will
& testament & that they also subscribed their names to
the same as witnesses to the same in his presence & at
his request, that in their opinion the said Simon Condit
was at the time of the execution of said will of sound
& disposing mind & memory & full age to wit; about 77
[corresponds to labeled page 82 of Will Records Vol. 2 - 1835-1850]
82
Condit her choice of the house or a room of my house,
and the use of my farm on which I now live, as long
as she may remain my widow, two Cows, one horse &
one chair or wagon. Item, I bequeath to my said
dear wife Elizabeth forty dollars annually during her
life, and in case of her marriage to have the same paid
to her notwithstanding, or to her order only, it being my
intent that the same shall not be payable to, or liable to
the order of her said husband, if accepted, if not accepted
as such within forty days after my decease, then my will
is that the said anuity be void. Item, I give & bequeath
to my six daughters that is Electa Ward, Polly Harrison
Naomi Ward, Jemima Pierson, Rebekah Condit and
Matilda William each fifty dollars a piece. Item,
All the rest & residue of my estate after payment of
debts, legacies & funeral expenses both real & personal
I give and devise to my two sons Jotham Condit and
Alvin P. Condit, and to the widow & heirs of my deceast
son Joseph S. Condit in three equal shares, to their heirs
and assigns forever, to share alike in fee simple.
I appoint my two sons Jotham Condit and Alvin P.
Condit execotors of this my testament & last will.
In witness whereof, I have hereunto set my
hand and seal this twenty fifth day of January in the
year of our Lord one thousand eight hundred & thirty
six. Simon Condit {seal}
Signed, sealed, published and declared by the said
Simon Condit to be his testament and last will in
presence of us. Gilbert Vandorn, Samuel Peck
Amos W. Condit~
Gilbert Vandorn & Amos W. Condit being first duly sworn
say that the paper herewith presented which purports to
be the last will & testament of Simon Condit was execu-
-ted by said Simon Condit since deceased in their presence
& in their presence by him declared to be his last will
& testament & that they also subscribed their names to
the same as witnesses to the same in his presence & at
his request, that in their opinion the said Simon Condit
was at the time of the execution of said will of sound
& disposing mind & memory & full age to wit; about 77
Title
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Description
[page 128]
[corresponds to labeled page 83 of Will Records Vol. 2 - 1835-1850]
83
years and not under any restraint. Amos W. Condit says
on reflection that he did not see said Simon Condit actu-
-lly sign, but after the execution the said Simon Condit
showed him the will & execution & declared it to be his
signature & the content to be his last will & testament
Gilbert Vandorn~
Amos W. Condit~
Subscribed & sworn to in open Court March Term 1839~
T. Reynolds Clerk~
Recorded the foregoing Will &c March 20th 1839~
Attest Wm D. Heim Clerk~
Pleas held at the Court House in Delaware on the 14th day
of May AD 1839 before the Honorable Joseph R. Swan
President, & John Brundige, John Lugenbeel & Ahab
Jinks Esqs his associates, Judges of the Court of Common
Pleas in & for the County of Delaware, in the State of Ohio.
This day the last will & testament of Robert
Davis decd was produced in open Court & proved by the
testimony of two of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded.
And thereupon on motion of Morgan Williams & John
P. Jones the Executors in said will named. It is ordered
that letters testementary be granted them upon their
entering into bonds in the sum of $400.00 with Eben-
-ezer Williams & William Edwards as security. And
it is further ordered that Robert R. Thomas, David
Pendry & William Williams appraise the personal
property of said estate.
I Robert Davis of the Township of Troy in the
County of Delaware & State of Ohio, do make & publish
this my last will & testament in manner & form fol-
-owing that is to say. First, It is my will that my
funeral expences & all my just debts be fully paid.
Second, I give devise & bequeath to my daughter
Mary Williams her heirs & assigns the farm that
I now live on situate in Township 6th Range
Nineteenth U.S.M. (congress) in Tro township Delaware
County, Ohio. Also all my Personal Property & house-
-hold & Kitchen furniture (except the articles that I
[corresponds to labeled page 83 of Will Records Vol. 2 - 1835-1850]
83
years and not under any restraint. Amos W. Condit says
on reflection that he did not see said Simon Condit actu-
-lly sign, but after the execution the said Simon Condit
showed him the will & execution & declared it to be his
signature & the content to be his last will & testament
Gilbert Vandorn~
Amos W. Condit~
Subscribed & sworn to in open Court March Term 1839~
T. Reynolds Clerk~
Recorded the foregoing Will &c March 20th 1839~
Attest Wm D. Heim Clerk~
Pleas held at the Court House in Delaware on the 14th day
of May AD 1839 before the Honorable Joseph R. Swan
President, & John Brundige, John Lugenbeel & Ahab
Jinks Esqs his associates, Judges of the Court of Common
Pleas in & for the County of Delaware, in the State of Ohio.
This day the last will & testament of Robert
Davis decd was produced in open Court & proved by the
testimony of two of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded.
And thereupon on motion of Morgan Williams & John
P. Jones the Executors in said will named. It is ordered
that letters testementary be granted them upon their
entering into bonds in the sum of $400.00 with Eben-
-ezer Williams & William Edwards as security. And
it is further ordered that Robert R. Thomas, David
Pendry & William Williams appraise the personal
property of said estate.
I Robert Davis of the Township of Troy in the
County of Delaware & State of Ohio, do make & publish
this my last will & testament in manner & form fol-
-owing that is to say. First, It is my will that my
funeral expences & all my just debts be fully paid.
Second, I give devise & bequeath to my daughter
Mary Williams her heirs & assigns the farm that
I now live on situate in Township 6th Range
Nineteenth U.S.M. (congress) in Tro township Delaware
County, Ohio. Also all my Personal Property & house-
-hold & Kitchen furniture (except the articles that I
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 129)
Description
[page 129]
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84
shall bequeath to my other children) (Provided) that my
said daughter Mary Williams her heirs, executors or
administrators shall pay or cause to be paid the follow-
-ing legacies (to wit). First, To my daughter Elizabeth
Price or her heirs five dollars. Second, To my Grand
sons Robert & William Davis sons of my son John Davis
decd one dollar each. Third, To my daughter in law
Margaret Davis one dollar. Fourth, To my daughter
Catherine Davis or her heirs one hundred dollars.
The above legacies to be paid in five years after my
death. Third, I give devise & bequeath to my daughter
Catherine Davis, my Clock, brass warming Pan & Brass
Tea Kettle. It is also my will that my said daughter
Mary Williams shall cause to be erected a Head
Stone at the head of my wife's grave, stating the time
of her death, of my death, & of my son John's death with
our respective ages within one year after my death.
And lastly, I hereby constitute & appoint my friends
John P. Jones & Morgan Williams to be the Executors
for this my last will & testament revoking & annulling
all former wills by me made, & ratifying & confirming
this & no other to be my last will & testament
In testimony whereof, I have hereunto set my hand
& seal this 13th day of Decr 1838.
Robert X [his mark] Davis
Signed, published & declared by the above named
Robert Davis as & for his last will & testament in
presence of us who at his request have signed as
witnesses to the same. William Edwards~
William Williams
Morgan Williams
Personally appeared in open Court Morgan Williams &
William Edwards who being duly sworn, do depose &
say that on the 13th day of Decr 1838, they were at Robert
Davis house in Troy Tp Delaware County, and the said
Robert was then of sound & disposing mind & memory
and called upon them to witness his last will & testament
which is now here produced in Court, that they did
in compliance with the request of the said Robert Davis
subscribe their names as witnesses to his said will,
[corresponds to labeled page 84 of Will Records Vol. 2 - 1835-1850]
84
shall bequeath to my other children) (Provided) that my
said daughter Mary Williams her heirs, executors or
administrators shall pay or cause to be paid the follow-
-ing legacies (to wit). First, To my daughter Elizabeth
Price or her heirs five dollars. Second, To my Grand
sons Robert & William Davis sons of my son John Davis
decd one dollar each. Third, To my daughter in law
Margaret Davis one dollar. Fourth, To my daughter
Catherine Davis or her heirs one hundred dollars.
The above legacies to be paid in five years after my
death. Third, I give devise & bequeath to my daughter
Catherine Davis, my Clock, brass warming Pan & Brass
Tea Kettle. It is also my will that my said daughter
Mary Williams shall cause to be erected a Head
Stone at the head of my wife's grave, stating the time
of her death, of my death, & of my son John's death with
our respective ages within one year after my death.
And lastly, I hereby constitute & appoint my friends
John P. Jones & Morgan Williams to be the Executors
for this my last will & testament revoking & annulling
all former wills by me made, & ratifying & confirming
this & no other to be my last will & testament
In testimony whereof, I have hereunto set my hand
& seal this 13th day of Decr 1838.
Robert X [his mark] Davis
Signed, published & declared by the above named
Robert Davis as & for his last will & testament in
presence of us who at his request have signed as
witnesses to the same. William Edwards~
William Williams
Morgan Williams
Personally appeared in open Court Morgan Williams &
William Edwards who being duly sworn, do depose &
say that on the 13th day of Decr 1838, they were at Robert
Davis house in Troy Tp Delaware County, and the said
Robert was then of sound & disposing mind & memory
and called upon them to witness his last will & testament
which is now here produced in Court, that they did
in compliance with the request of the said Robert Davis
subscribe their names as witnesses to his said will,
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 130)
Description
[page 130]
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85
and that said Robert requested them to do so & declared
the same to be his last will & testament, & that said Robert
Davis died sometime in the month of April last 1839,
leaving the said last will here produced unrevoked as
deponante verily believe. Morgan Williams
William Edwards~
Subscribed & sworn to in open Court May 14th 1839~
WD Heim Clerk~
Recorded the foregoing Will etc May 25th 1839
Attest WD Heim Clerk~
Pleas held at the Court House in Delaware, on the 6th day
of Macrh AD 1839, before the Honorable Joseph R. Swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqr his associates, Judges of the Court of Common Pleas,
in & for the County of Delaware & the State of Ohio.
This day the last will & testament of James Landon
decd was produced in Court, & his testimony of Elijah
Adams one of the subscribing witnesses thereto reduced to
writing & filed; And it appearing to the Court that Juda
Chase the other witness to said will is a resident of
Williams County in this State, on motion, ordered that
a commission issue with the will annexed to John
Lafferty a Justice of the Peace of said County, to take the
deposition of the said Juda Chase as to the execution
of the said will, & report the same to the next term of
this Court, to which time this matter is continued.
And afterwards, to wit, at the May Term of the Court
of Common Pleas, held for said County, for the year 1839.
The following proceedings were had & entered in regard
to said will, to wit.
This day John Lafferty the Commissioner heretofore
appointed to take the deposition of Juda Chase touch-
-ing the execution of the last will & testament of James
Landon decd made report of his proceedings, with the
proof by him taken. And the Court upon examination
of the matter, consider said will duly proved, & order the
same to be recorded. I James
Landon of the County of Delaware in the State of
Ohio do make & publish this my last will & testament
[corresponds to labeled page 85 of Will Records Vol. 2 - 1835-1850]
85
and that said Robert requested them to do so & declared
the same to be his last will & testament, & that said Robert
Davis died sometime in the month of April last 1839,
leaving the said last will here produced unrevoked as
deponante verily believe. Morgan Williams
William Edwards~
Subscribed & sworn to in open Court May 14th 1839~
WD Heim Clerk~
Recorded the foregoing Will etc May 25th 1839
Attest WD Heim Clerk~
Pleas held at the Court House in Delaware, on the 6th day
of Macrh AD 1839, before the Honorable Joseph R. Swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqr his associates, Judges of the Court of Common Pleas,
in & for the County of Delaware & the State of Ohio.
This day the last will & testament of James Landon
decd was produced in Court, & his testimony of Elijah
Adams one of the subscribing witnesses thereto reduced to
writing & filed; And it appearing to the Court that Juda
Chase the other witness to said will is a resident of
Williams County in this State, on motion, ordered that
a commission issue with the will annexed to John
Lafferty a Justice of the Peace of said County, to take the
deposition of the said Juda Chase as to the execution
of the said will, & report the same to the next term of
this Court, to which time this matter is continued.
And afterwards, to wit, at the May Term of the Court
of Common Pleas, held for said County, for the year 1839.
The following proceedings were had & entered in regard
to said will, to wit.
This day John Lafferty the Commissioner heretofore
appointed to take the deposition of Juda Chase touch-
-ing the execution of the last will & testament of James
Landon decd made report of his proceedings, with the
proof by him taken. And the Court upon examination
of the matter, consider said will duly proved, & order the
same to be recorded. I James
Landon of the County of Delaware in the State of
Ohio do make & publish this my last will & testament
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 131)
Description
[page 131]
[corresponds with labeled page 86 of Will Records Vol. 2 - 1835-1850]
86
in manner & form following, that is to say. First, It is
my will that my funeral expences & all my just debts
be fully paid. Second, I give & devise to my youngest
son James Landon all my live stock, goods & chattels
money and effects whatever to me belonging, and to his
heirs & assigns forever. And lastly, I hereby constitute &
appoint my youngest son James Landon to be the
Executor of this my last wills by me made & revoking &
confirming this & no other to be my last will and
testament. In testimony whereof, I set my hand & seal
this 26th day of June AD 1829.
James Landon {seal}
Signed, published & declared by the above James Landon
and for his last will & testament in the presence of
us, who at his request have signed as witnesses to
the same. Elijah Adams~
Juda Chase~
Delaware County;Ss Personally appeared in open Court
Elihah Adams who being duly sworn uupon his oath says
that the paper now here produced in open Court, purporting
to be the last will & testament of James Landon bearing
date the 26th day of June AD 1829 was duly published
by the said James Landon as his last will & testament
on the day of the date thereof at Radnor in the said
County, in the presence of this deponent & Juda Chase
& that the said James Landon then & there signed &
sealed the same as such will in our presence /the said
deponent & Juda Chase/ and that we in his presence
& in the presence of each other & at his request, signed our
names as witnesses thereto. That the said James Landon
was then of the age of about seventy years at least,
was of sound mind & memory & not acting under any
restraint, and further say not.
Elijah Adams~
Subscribed & Sworn to in open Court, March 6th 1839.
To the Court of Common Pleas for the County of
Delaware, in the State of Ohio. In pursuance
of the command of a Commission to me the said
[corresponds with labeled page 86 of Will Records Vol. 2 - 1835-1850]
86
in manner & form following, that is to say. First, It is
my will that my funeral expences & all my just debts
be fully paid. Second, I give & devise to my youngest
son James Landon all my live stock, goods & chattels
money and effects whatever to me belonging, and to his
heirs & assigns forever. And lastly, I hereby constitute &
appoint my youngest son James Landon to be the
Executor of this my last wills by me made & revoking &
confirming this & no other to be my last will and
testament. In testimony whereof, I set my hand & seal
this 26th day of June AD 1829.
James Landon {seal}
Signed, published & declared by the above James Landon
and for his last will & testament in the presence of
us, who at his request have signed as witnesses to
the same. Elijah Adams~
Juda Chase~
Delaware County;Ss Personally appeared in open Court
Elihah Adams who being duly sworn uupon his oath says
that the paper now here produced in open Court, purporting
to be the last will & testament of James Landon bearing
date the 26th day of June AD 1829 was duly published
by the said James Landon as his last will & testament
on the day of the date thereof at Radnor in the said
County, in the presence of this deponent & Juda Chase
& that the said James Landon then & there signed &
sealed the same as such will in our presence /the said
deponent & Juda Chase/ and that we in his presence
& in the presence of each other & at his request, signed our
names as witnesses thereto. That the said James Landon
was then of the age of about seventy years at least,
was of sound mind & memory & not acting under any
restraint, and further say not.
Elijah Adams~
Subscribed & Sworn to in open Court, March 6th 1839.
To the Court of Common Pleas for the County of
Delaware, in the State of Ohio. In pursuance
of the command of a Commission to me the said
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 132)
Description
[page 132]
[corresponds to labeled page 87 of Will Records Vol. 2 - 1835-1850]
87
John Lafferty directed by the Court, personally came
before me the said Juda Chase on the tenth day of May
AD 1839 at the township of Delaware in the County of
Hancock in the State of Ohio, & the said Chase being by
me duly sworn upon his oath says that the paper now
here produced purporting to be the last will & testament
of James Landon bearing date the 26th day of June
AD 1829 was duly published by the said James Landon
as his last will & testament on the day of the date there-
-of at Radnor in Delaware County, in the presence of
this deponent & Elijah Adams, & that the said James
Landon then & there signed & sealed the same as such
will in our presence /the said deponent & Elijah Adams/
& that we in his presence & in the presence of each other,
& at his request signed our names as witnesses thereto
That the said James Landon was then of the age of about
eighty four years at least, was of sound mind & memory
& not acting under any restraint, and further say
not. Juda Chase
Sworn & subscribed to the day & year first above written
Before me John Lafferty Commissioner
Recorded the foregoing Will etc May 25th 1839
Attest~ WD Heim Clerk~
Pleas held at the Court House in Delaware on the 18th day
of Septr AD 1839 before the Honorable Joseph R swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqr his Associates, Judges of the Court of Common Please
in & for the County of Delaware in the State of Ohio.
This day the last will & testament of Henry
Hoskins decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing approved & ordered to be recorded. And thereupon
on motion, it is ordered that Lucy Hoskins the widow of
the said decd be appointed Administratrix on the said Estate
with the said will annexed, who is ordered to enter into bonds
in the sum of $500,00? with Roswell Fields & James
Fields as security. And it is further ordered that Zera
Linsley, Nicholas Money & Samuel Landon appraised
the personal property of said Estate, & thereupon the
[corresponds to labeled page 87 of Will Records Vol. 2 - 1835-1850]
87
John Lafferty directed by the Court, personally came
before me the said Juda Chase on the tenth day of May
AD 1839 at the township of Delaware in the County of
Hancock in the State of Ohio, & the said Chase being by
me duly sworn upon his oath says that the paper now
here produced purporting to be the last will & testament
of James Landon bearing date the 26th day of June
AD 1829 was duly published by the said James Landon
as his last will & testament on the day of the date there-
-of at Radnor in Delaware County, in the presence of
this deponent & Elijah Adams, & that the said James
Landon then & there signed & sealed the same as such
will in our presence /the said deponent & Elijah Adams/
& that we in his presence & in the presence of each other,
& at his request signed our names as witnesses thereto
That the said James Landon was then of the age of about
eighty four years at least, was of sound mind & memory
& not acting under any restraint, and further say
not. Juda Chase
Sworn & subscribed to the day & year first above written
Before me John Lafferty Commissioner
Recorded the foregoing Will etc May 25th 1839
Attest~ WD Heim Clerk~
Pleas held at the Court House in Delaware on the 18th day
of Septr AD 1839 before the Honorable Joseph R swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqr his Associates, Judges of the Court of Common Please
in & for the County of Delaware in the State of Ohio.
This day the last will & testament of Henry
Hoskins decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing approved & ordered to be recorded. And thereupon
on motion, it is ordered that Lucy Hoskins the widow of
the said decd be appointed Administratrix on the said Estate
with the said will annexed, who is ordered to enter into bonds
in the sum of $500,00? with Roswell Fields & James
Fields as security. And it is further ordered that Zera
Linsley, Nicholas Money & Samuel Landon appraised
the personal property of said Estate, & thereupon the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 133)
Description
[page 133]
[corresponds to labeled page 88 of Will Records Vol. 2 - 1835-1850]
88
said Lucy Hoskins appeared in open Court and made
her election not to take under the said will.
I Henry Hoskins of the Township of Thompson &
County of Delaware & State of Ohio do make & publish
this my last will & testament. 1st I give & devise
to my beloved wife all my moneys goods & chattels, beds
& bedding, household & kitchen furniture provisions &
other goods & chattels which may be thereon at the time
of my decease to have the same for her own use as her
dower of my property, after my just debts is paid. 2d
It is my will that my father John Hoskins shall have
the farm on which I now live situate in the town-
ship of Thompson & County of Delaware & State of
Ohio, on the west side of the Scioto River by paying
what there is now due to Baum & Perry & have the
deed in his own name & for his own use & to pay the
said Thrashers five dollars for clearing a certain piece
of land which they are now at work at, and to pay
for my shroud & coffin. 3d It is my will that my
brother Jacob Hoskins shall have my saddle & my
great Coat. In testimony whereof I have hereunto
set my hand & seal this 2d day of March in the
year 1839. Henry Hoskins {seal}
Signed & acknowledged by said Henry Hoskins
as his last will & testament in our presence & signed
by us in his presence. Israel Waters)
James Landon ) wits.
In addition to the above it is my wish that my wife
Lucy Hoskins should have the one half of my share
of the wheat, corn, potatoes & the hay that is now grow-
ing on the said farm, & that my father John Hoskins
shall have the other half, as witnesses my hand, and
seal this 25th day of June AD 1839.
Witnesses Henry Hoskins {seal}
James Landon ~ Israel Waters
Court of Common Pleas September Term 1839~
Delaware County: Ss~ Israel Waters & James Landon
being duly sworn in open Court upon their oaths say that
the paper now produced in Court purporting to be
the last will & testament of Henry Hoskins decd
dated on the 2nd day of March 1839 & a codicil thereto
[corresponds to labeled page 88 of Will Records Vol. 2 - 1835-1850]
88
said Lucy Hoskins appeared in open Court and made
her election not to take under the said will.
I Henry Hoskins of the Township of Thompson &
County of Delaware & State of Ohio do make & publish
this my last will & testament. 1st I give & devise
to my beloved wife all my moneys goods & chattels, beds
& bedding, household & kitchen furniture provisions &
other goods & chattels which may be thereon at the time
of my decease to have the same for her own use as her
dower of my property, after my just debts is paid. 2d
It is my will that my father John Hoskins shall have
the farm on which I now live situate in the town-
ship of Thompson & County of Delaware & State of
Ohio, on the west side of the Scioto River by paying
what there is now due to Baum & Perry & have the
deed in his own name & for his own use & to pay the
said Thrashers five dollars for clearing a certain piece
of land which they are now at work at, and to pay
for my shroud & coffin. 3d It is my will that my
brother Jacob Hoskins shall have my saddle & my
great Coat. In testimony whereof I have hereunto
set my hand & seal this 2d day of March in the
year 1839. Henry Hoskins {seal}
Signed & acknowledged by said Henry Hoskins
as his last will & testament in our presence & signed
by us in his presence. Israel Waters)
James Landon ) wits.
In addition to the above it is my wish that my wife
Lucy Hoskins should have the one half of my share
of the wheat, corn, potatoes & the hay that is now grow-
ing on the said farm, & that my father John Hoskins
shall have the other half, as witnesses my hand, and
seal this 25th day of June AD 1839.
Witnesses Henry Hoskins {seal}
James Landon ~ Israel Waters
Court of Common Pleas September Term 1839~
Delaware County: Ss~ Israel Waters & James Landon
being duly sworn in open Court upon their oaths say that
the paper now produced in Court purporting to be
the last will & testament of Henry Hoskins decd
dated on the 2nd day of March 1839 & a codicil thereto
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 134)
Description
[page 134]
[corresponds to labeled page 89 of Will Records Vol. 2 - 1835-1850]
89
dated June 25th 1839 was signed by the said Henry Hoskins
both to the will & codicil at the date thereof in our pres-
-ence at his residence in Thompson Township in the said
County & then & there published as his last will & testament
& we then & there in his presence, at his request & in the
presence of each other signed our names as witnesses thereto,
that the said Henry Hoskins was then of the age of twenty
seven years at least, of sound mind & memory & acting
under no restraint & further say not.
Israel Water ~ James Landon
subscribed & sworn to in open Court Sept Term 1839.
Attest ~ W D Heim Clerk
Recorded the foregoing Will &c Sept 26th 1839 ~
Attest ~ W D Heim Clerk ~
Pleas held at the Court House in Delaware on the
19th day of Sept AD 1839 before the Honorable Joseph R
Swan President & John Brundige, John Lugenbeel & Ahab
Jinks Esqs his Associates, Judges of the Court of Common
Pleas in & for the County of Delaware in the State of Ohio
This day the last will & testament of
Alpheus Pierce decd was produced in open Court & pro-
-ved by the testimony of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be recorded.
And thereupon, on motion of John Pierce & Alpheus Pierce
Jr the Executors in said will named, it is ordered that
letters testamentary be granted them upon their entering
into bonds in the sum of $200.00? with Lemuel
Humphrey & Abner P. Pinney as security. And it is
further ordered that Salmon Moses, Willard Hill and
Abel Dixon appraised the personal property of said Estate
I Alpheus Pierce Seignior of the County of Delaw-
-are in the State of Ohio do make & publish this my last
will & testament in manner & form following that is to
say. First, It is my will that my funeral expenses &
all my just debts be fully paid. Second, I give devise
& bequeath to my beloved wife Mary Pearce the planta
-tion on which we now reside situate in Liberty township
it being the one half of said farm owned with Alpheus
Pierce Jr. and all my personal property, during her nat-
-ural life, & further it is my will that after her death
[corresponds to labeled page 89 of Will Records Vol. 2 - 1835-1850]
89
dated June 25th 1839 was signed by the said Henry Hoskins
both to the will & codicil at the date thereof in our pres-
-ence at his residence in Thompson Township in the said
County & then & there published as his last will & testament
& we then & there in his presence, at his request & in the
presence of each other signed our names as witnesses thereto,
that the said Henry Hoskins was then of the age of twenty
seven years at least, of sound mind & memory & acting
under no restraint & further say not.
Israel Water ~ James Landon
subscribed & sworn to in open Court Sept Term 1839.
Attest ~ W D Heim Clerk
Recorded the foregoing Will &c Sept 26th 1839 ~
Attest ~ W D Heim Clerk ~
Pleas held at the Court House in Delaware on the
19th day of Sept AD 1839 before the Honorable Joseph R
Swan President & John Brundige, John Lugenbeel & Ahab
Jinks Esqs his Associates, Judges of the Court of Common
Pleas in & for the County of Delaware in the State of Ohio
This day the last will & testament of
Alpheus Pierce decd was produced in open Court & pro-
-ved by the testimony of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be recorded.
And thereupon, on motion of John Pierce & Alpheus Pierce
Jr the Executors in said will named, it is ordered that
letters testamentary be granted them upon their entering
into bonds in the sum of $200.00? with Lemuel
Humphrey & Abner P. Pinney as security. And it is
further ordered that Salmon Moses, Willard Hill and
Abel Dixon appraised the personal property of said Estate
I Alpheus Pierce Seignior of the County of Delaw-
-are in the State of Ohio do make & publish this my last
will & testament in manner & form following that is to
say. First, It is my will that my funeral expenses &
all my just debts be fully paid. Second, I give devise
& bequeath to my beloved wife Mary Pearce the planta
-tion on which we now reside situate in Liberty township
it being the one half of said farm owned with Alpheus
Pierce Jr. and all my personal property, during her nat-
-ural life, & further it is my will that after her death
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 135)
Description
[page 135]
[corresponds to labeled page 90 of Will Records Vol. 2 - 1835-1850]
90
my son John have one third of said farm & my daughter
Phebe have one third of said farm, and the other third
to be devised by her at her own will so that my son
Sebry have the use of her thirds during his life.
and lastly, I hereby constitute & appoint my said son
John Pierce & Alpheus Pierce Jr to be the executor of this
my last will & testament revoking & annulling all
former wills by me made & ratifying & confirming
this & no other to be my last will & testament. In tes-
timony whereof I have hereunto set my hand this
twenty fourth day of May AD 1839.
Alpheus Pierce
Signed, published & declared by the above named Alpheus
Pierce as & for his last will & testament in presence of
us, who at his request have signed as witnesses to the
same. Lemuel Humphrey
Aaron C. Humphrey
Court of Common Pleas Sept. Term 1839. Delaware County Ss
Semuel Humphrey & Aaron C. Humphrey being duly
sworn in open Court upon their oaths say that the
paper here produced in open Court purporting to be
the will of Alpheus Pearce dated May 24th 1839 was
signed by the said Pierce in our presence at his residence
in Liberty township in the said County on the day of
the date thereof, & was then & there published as his last
will & testament, and we then & there at his request in his
presence & in the presence of each other signed our names
thereto as witnesses, that the said Pierce was then about
the age of seventy years of sound mind & memory & not
acting under any restraint, and further say not.
Lemuel Humphrey ~ Aaron C. Humphrey
Subscribed & sworn to an open Court, Sept Term 1839
W.D. Heim Clerk~
Recorded the forgoing Will &c Sept 26th 1839
Attest ~ W.D. Heim Clerk
Pleas held at the Court House in Delaware on the
21st day of September AD 1839 before the Honorable Joseph
R. Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of
Common Please in & for the County of Delaware in
[corresponds to labeled page 90 of Will Records Vol. 2 - 1835-1850]
90
my son John have one third of said farm & my daughter
Phebe have one third of said farm, and the other third
to be devised by her at her own will so that my son
Sebry have the use of her thirds during his life.
and lastly, I hereby constitute & appoint my said son
John Pierce & Alpheus Pierce Jr to be the executor of this
my last will & testament revoking & annulling all
former wills by me made & ratifying & confirming
this & no other to be my last will & testament. In tes-
timony whereof I have hereunto set my hand this
twenty fourth day of May AD 1839.
Alpheus Pierce
Signed, published & declared by the above named Alpheus
Pierce as & for his last will & testament in presence of
us, who at his request have signed as witnesses to the
same. Lemuel Humphrey
Aaron C. Humphrey
Court of Common Pleas Sept. Term 1839. Delaware County Ss
Semuel Humphrey & Aaron C. Humphrey being duly
sworn in open Court upon their oaths say that the
paper here produced in open Court purporting to be
the will of Alpheus Pearce dated May 24th 1839 was
signed by the said Pierce in our presence at his residence
in Liberty township in the said County on the day of
the date thereof, & was then & there published as his last
will & testament, and we then & there at his request in his
presence & in the presence of each other signed our names
thereto as witnesses, that the said Pierce was then about
the age of seventy years of sound mind & memory & not
acting under any restraint, and further say not.
Lemuel Humphrey ~ Aaron C. Humphrey
Subscribed & sworn to an open Court, Sept Term 1839
W.D. Heim Clerk~
Recorded the forgoing Will &c Sept 26th 1839
Attest ~ W.D. Heim Clerk
Pleas held at the Court House in Delaware on the
21st day of September AD 1839 before the Honorable Joseph
R. Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of
Common Please in & for the County of Delaware in
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 136)
Description
[page 136]
[corresponds to labeled page 91 of Will Records Vol. 2 - 1835-1850]
91
The State of Ohio ~ On motion, ordered that the
Authenticated Copy of the Will of Benjamin F. Tracy
decd now produced in open court, proves according to
the Laws of this State before the Court of Common Pleas
for the County of Geauga, & having relation to property
in this County, be admitted to record, among the record
of Wills for this County. J. B. F. Tracy of
Painesville Geauga County & State of Ohio do make and
publish this my last will & testament in manner & form
following, that is to say. First It is my will that all
my just debts be fully paid. Second, I give to my beloved
wife the House & Lot we now reside in, & Lot adjoining
being East part of Lot No 53. & all the appurtenances on the
said two lots (not otherwise disposed of) and all the House
-hold Furniture In lieu of her dower, to have & to hold the
same during her widowHood. Third, I give & devise to
my eldest daughter Helen Mary Antoinette Tracy, Five
Thousand dollars. Fourth, I give & devise to my second
daughter Ann Maria Tracy six thousand dollars, she
being deformed I feel it my duty to show this partiality
in making a dividend of my property. Fifth, I give
& devise to my youngest daughter Agnes Tracy Five
thousand dollars. Sixth, At my decease should I
have any further issue in fact or expectancy, my will
is that they share in the same proportions as above
allotted, and at my decease should my property be
inadequate to discharge or pay the legacies, then and
in that case an equal distribution to take place in
the above proportions, & should my property exceed those
sums, then an equal distribution among my said
children to take place, after paying the following
sum or bequests (viz) I forgive & discharge the debt
or demand I have against my Brother Charles Edwin
Tracy & further I give & bequeath to him all my wear-
ing apparel. I give & bequeath to all my sisters cash &
every of them (except Mrs Hills who is well off) the sum
of one hundred dollars to purchase mourning &c.
To Varnam J. Card I give my gold watch with a
desire that he may never part with it. It is my wish
& desire & last advise to my daughters that they do
not marry until they arrive at the age of Twenty as
[corresponds to labeled page 91 of Will Records Vol. 2 - 1835-1850]
91
The State of Ohio ~ On motion, ordered that the
Authenticated Copy of the Will of Benjamin F. Tracy
decd now produced in open court, proves according to
the Laws of this State before the Court of Common Pleas
for the County of Geauga, & having relation to property
in this County, be admitted to record, among the record
of Wills for this County. J. B. F. Tracy of
Painesville Geauga County & State of Ohio do make and
publish this my last will & testament in manner & form
following, that is to say. First It is my will that all
my just debts be fully paid. Second, I give to my beloved
wife the House & Lot we now reside in, & Lot adjoining
being East part of Lot No 53. & all the appurtenances on the
said two lots (not otherwise disposed of) and all the House
-hold Furniture In lieu of her dower, to have & to hold the
same during her widowHood. Third, I give & devise to
my eldest daughter Helen Mary Antoinette Tracy, Five
Thousand dollars. Fourth, I give & devise to my second
daughter Ann Maria Tracy six thousand dollars, she
being deformed I feel it my duty to show this partiality
in making a dividend of my property. Fifth, I give
& devise to my youngest daughter Agnes Tracy Five
thousand dollars. Sixth, At my decease should I
have any further issue in fact or expectancy, my will
is that they share in the same proportions as above
allotted, and at my decease should my property be
inadequate to discharge or pay the legacies, then and
in that case an equal distribution to take place in
the above proportions, & should my property exceed those
sums, then an equal distribution among my said
children to take place, after paying the following
sum or bequests (viz) I forgive & discharge the debt
or demand I have against my Brother Charles Edwin
Tracy & further I give & bequeath to him all my wear-
ing apparel. I give & bequeath to all my sisters cash &
every of them (except Mrs Hills who is well off) the sum
of one hundred dollars to purchase mourning &c.
To Varnam J. Card I give my gold watch with a
desire that he may never part with it. It is my wish
& desire & last advise to my daughters that they do
not marry until they arrive at the age of Twenty as
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 137)
Description
[page 137]
[corresponds to labeled page 92 of Will Records Vol. 2 - 1835-1850]
92
after that time they will be liable to see trouble enough
I appoint my dear beloved wife the Guardian with
my advice that each are sent abroad to good boarding
school at the age of eleven years & kept herein at least
for the term of three years, that they be well & thoroughly
instructed in all the branches of Domestic House Wifery
& a good knowledge of all kind of Common House
work & Kitchen Cookery &c &c. It is my wish that
VJ Card should superintend & if possible take the whole
management of settling my affairs & estate & to that
end & purpose I hereby appoint him my Executor
with full power to settle each & every demand in law or
equity & hereby authorise & empower him to sell and
dispose of any part or all of my real estate at his
will & please_ with this proviso, in case it should be
required by my beloved wife or her friends that he
give bail for any part or all of such property as may
go into his hands, that he do the same when required.
the Stock I own in the Geauga Iron Co. I should advise
disposed of if it can be done without too great a
sacrifice, & the proceeds invested in real estate in the
town of Cleveland or else where as may be thought
best, tho Capital I have in the Store viz five thousand
dollars, besides one equal half of all the profits, this
I wish as soon as it can be realized put into Bank
Stock in some well regulated Bank & kept as a
resort for cash as dividends may become due, If the
business of the Store is judiciously wound up it will
yield a net profit of Ten thousand dollars, half of
which is mine, I wish good tenants kept in all my
buildings (& when any doubts exist as to safety) have
the rent secured or paid in advance, & at all times
paid semi-annually. In testimony whereof I have
hereunto set my hand & seal this 28 day of August
1833. B.F. Tracy {seal}
Signed, published & declared by the above named
B F Tracy as and for his own act & deed in presence of
Abijah Merrill ~ S Corning ~
The State of Ohio Geauga County Ss
J D.D. Aikin Clerk of the Court of Common Pleas
[corresponds to labeled page 92 of Will Records Vol. 2 - 1835-1850]
92
after that time they will be liable to see trouble enough
I appoint my dear beloved wife the Guardian with
my advice that each are sent abroad to good boarding
school at the age of eleven years & kept herein at least
for the term of three years, that they be well & thoroughly
instructed in all the branches of Domestic House Wifery
& a good knowledge of all kind of Common House
work & Kitchen Cookery &c &c. It is my wish that
VJ Card should superintend & if possible take the whole
management of settling my affairs & estate & to that
end & purpose I hereby appoint him my Executor
with full power to settle each & every demand in law or
equity & hereby authorise & empower him to sell and
dispose of any part or all of my real estate at his
will & please_ with this proviso, in case it should be
required by my beloved wife or her friends that he
give bail for any part or all of such property as may
go into his hands, that he do the same when required.
the Stock I own in the Geauga Iron Co. I should advise
disposed of if it can be done without too great a
sacrifice, & the proceeds invested in real estate in the
town of Cleveland or else where as may be thought
best, tho Capital I have in the Store viz five thousand
dollars, besides one equal half of all the profits, this
I wish as soon as it can be realized put into Bank
Stock in some well regulated Bank & kept as a
resort for cash as dividends may become due, If the
business of the Store is judiciously wound up it will
yield a net profit of Ten thousand dollars, half of
which is mine, I wish good tenants kept in all my
buildings (& when any doubts exist as to safety) have
the rent secured or paid in advance, & at all times
paid semi-annually. In testimony whereof I have
hereunto set my hand & seal this 28 day of August
1833. B.F. Tracy {seal}
Signed, published & declared by the above named
B F Tracy as and for his own act & deed in presence of
Abijah Merrill ~ S Corning ~
The State of Ohio Geauga County Ss
J D.D. Aikin Clerk of the Court of Common Pleas
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 138)
Description
[page 138]
[corresponds to labeled page 93 of Will Records Vol. 2 - 1835-1850]
93
for said County, do hereby certify that the within will
of Benjamin F. Tracy deceased, was duly proven in
said Court by the oaths of Abijah Merrill and Solon
Corning the subscribing witnesses, at the March Term
of said Court AD 1834 as appears by the Records of
said Court. In testimony whereof I hereunto
{seal} set my hand and affix the seal of said
Court, at Chardon this 1st day of April
AD 1837 DD Aikin Clerk
Recorded the foregoing authenticated copy of
Will &c Sept 26th 1839.
Attest ~ WD Heim Clerk~
Pleas held at the Court House in Delaware on
the 21st day of Sept AD 1839 before the Honorable Joseph
R. swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esq his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in the
State of Ohio. On motion, ordered that the
authenticated copy of the will of George Lewis decd now
produced in open Court, proved according to the laws of
the State of New York, & having relation to property in
this County, be admitted to record, among the record of
wills of this county. I Geo. Lewis, being of sound
& disposing mind & memory make this my last will &
testament, hereby revoking all others. First, I leave my
excellent wife Drusilla Lewis sole Executrix, Saml Corp
Merchant of New York, William Elliott of the City of
Washington my Bro-in-law late in the Patent office in
the City of Washington & Jonathan Robert formerly Senator
in Congress for the State of Pennsylvania & Ethel Town
of the City of New York, but now on his travels - leave
to each of the above for the trouble I may give them in
executing the above commission one hundred pounds
Sterling. I leave to my good wife Drusilla Lewis for-
merly D. Howlett, the whole of my property, both real
& personal of every sort and kind, after the decease of
my before mentioned wife, my effects both real & personal
are to be divided between the following persons viz.
William Elliott in Washington my Bro-in-law, my
[corresponds to labeled page 93 of Will Records Vol. 2 - 1835-1850]
93
for said County, do hereby certify that the within will
of Benjamin F. Tracy deceased, was duly proven in
said Court by the oaths of Abijah Merrill and Solon
Corning the subscribing witnesses, at the March Term
of said Court AD 1834 as appears by the Records of
said Court. In testimony whereof I hereunto
{seal} set my hand and affix the seal of said
Court, at Chardon this 1st day of April
AD 1837 DD Aikin Clerk
Recorded the foregoing authenticated copy of
Will &c Sept 26th 1839.
Attest ~ WD Heim Clerk~
Pleas held at the Court House in Delaware on
the 21st day of Sept AD 1839 before the Honorable Joseph
R. swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esq his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in the
State of Ohio. On motion, ordered that the
authenticated copy of the will of George Lewis decd now
produced in open Court, proved according to the laws of
the State of New York, & having relation to property in
this County, be admitted to record, among the record of
wills of this county. I Geo. Lewis, being of sound
& disposing mind & memory make this my last will &
testament, hereby revoking all others. First, I leave my
excellent wife Drusilla Lewis sole Executrix, Saml Corp
Merchant of New York, William Elliott of the City of
Washington my Bro-in-law late in the Patent office in
the City of Washington & Jonathan Robert formerly Senator
in Congress for the State of Pennsylvania & Ethel Town
of the City of New York, but now on his travels - leave
to each of the above for the trouble I may give them in
executing the above commission one hundred pounds
Sterling. I leave to my good wife Drusilla Lewis for-
merly D. Howlett, the whole of my property, both real
& personal of every sort and kind, after the decease of
my before mentioned wife, my effects both real & personal
are to be divided between the following persons viz.
William Elliott in Washington my Bro-in-law, my
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 139)
Description
[page 139]
[corresponds to labeled page 94 of Will Records Vol. 2 - 1835-1850]
94
wives two two nephews, Thos L. DeWitt & Geo. Lewis
DeWitt, both minors and are not to receive the preceeding
until they are of full age, to carry the above into full
effect. I empower the Executor to make sale of the
fast estate and lodge the proceeds with the Executrix
who is to enjoy the whole during her life, and then to
be divided as before described, but it must be understood
that there must be no division until the Executrix
finds it convenient, as the well assertained debts must
be first paid after the decease of my wife. The division
must take place as tenants in common, not as joint
tenants = I likewise leave to my old friend James
Smith of Maidston in the County of Kent as a mark
of my respect, one hundred pounds sterling, & to my
Bro. David Lewis, if living at my decease one hun-
-dred pounds Stg. It is to be understood that the persons
designated that are to receive the property after the
decease of my wife Drusilla Lewis that it is left to
them their heirs & assigns forever, Maidstone 28. May
1830. Geo. Lewis. O.
Signed, sealed, published & declared by said George
Lewis the Testator, as & for his last will & testament in
the presence of us, who in his presence, and at his request
& in the presence of each other have subscribed our names
as witnesses, Mary Smythe, Ann Pearce, Clem T.
Smythe, Maidstone ~
The People of the State of New York ~
By the grace of God. Free and Independant. To all
to whom these Presents shall come or may concern
Send Greeting. Know Ye, That at the County of
New York, on the ninth day of August, in the year of
our Lord one thousand eight hundred & thirty one before
the Court of Chancery of the State of New York the last
will & testament of George Lewis deceased (a copy whereof
is hereunto annexed) was proved, and is now approved &
allowed by us, and the said George Lewis died out of the
State of New York, and not being an inhabitant thereof
but leaving assets at the time of his death in the County
of New York, by reason whereof the proving and registering
of the said will and the granting Administration of
all and singular the goods, chattels & credits of the said
[corresponds to labeled page 94 of Will Records Vol. 2 - 1835-1850]
94
wives two two nephews, Thos L. DeWitt & Geo. Lewis
DeWitt, both minors and are not to receive the preceeding
until they are of full age, to carry the above into full
effect. I empower the Executor to make sale of the
fast estate and lodge the proceeds with the Executrix
who is to enjoy the whole during her life, and then to
be divided as before described, but it must be understood
that there must be no division until the Executrix
finds it convenient, as the well assertained debts must
be first paid after the decease of my wife. The division
must take place as tenants in common, not as joint
tenants = I likewise leave to my old friend James
Smith of Maidston in the County of Kent as a mark
of my respect, one hundred pounds sterling, & to my
Bro. David Lewis, if living at my decease one hun-
-dred pounds Stg. It is to be understood that the persons
designated that are to receive the property after the
decease of my wife Drusilla Lewis that it is left to
them their heirs & assigns forever, Maidstone 28. May
1830. Geo. Lewis. O.
Signed, sealed, published & declared by said George
Lewis the Testator, as & for his last will & testament in
the presence of us, who in his presence, and at his request
& in the presence of each other have subscribed our names
as witnesses, Mary Smythe, Ann Pearce, Clem T.
Smythe, Maidstone ~
The People of the State of New York ~
By the grace of God. Free and Independant. To all
to whom these Presents shall come or may concern
Send Greeting. Know Ye, That at the County of
New York, on the ninth day of August, in the year of
our Lord one thousand eight hundred & thirty one before
the Court of Chancery of the State of New York the last
will & testament of George Lewis deceased (a copy whereof
is hereunto annexed) was proved, and is now approved &
allowed by us, and the said George Lewis died out of the
State of New York, and not being an inhabitant thereof
but leaving assets at the time of his death in the County
of New York, by reason whereof the proving and registering
of the said will and the granting Administration of
all and singular the goods, chattels & credits of the said
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 140)
Description
[page 140]
[corresponds to labeled page 95 of Will Records Vol. 2 - 1835-1850]
95
testator, and also the auditing, allowing & final dischar-
-ging the account thereof, doth belong unto the Surrogate
of the said County; the Administration of all & singular
the goods, chattels & credits of the said deceased, and any
way concerning his will, is granted unto Drusilla Lewis
the Executrix in the said will named, she being first duly
sworn faithfully & honestly to discharge the duties of
such Executrix. In testimony whereof, we have caused
the seal of office of our suggogate to be hereunto annexed.
Witnesses, James Campbell Esquire Surrogate of our said County
at the City of New York, the seventeenth day of September
in the year of our Lord one thousand eight hundred and
thirty one, and of our Independance the fifty sixth.
James Campbell Surrogate
The People of the State of New York ~ By the Grace of
God, Free Independent ~ To all to whom these presents
shall come, or may concern ~ Send Greeting ~
Know Ye, That at the County of New York on the ninth
day of August, in the year of our Lord, one thousand eight
hundred & thirty one before the Court of Chancery of the
State of New York, the last will & testament of George Lewis
deceased, was proved, and is now approved & allowed by us;
and the said George Lewis not being an Inhabitant of this
State, lately died out of this State, leaving assets in the Coun-
-ty of New York by reason whereof the proving & registering
of the said will & the granting Administration of all and
singular the goods, chattels and credits, of the said testator,
and also the auditing, allowing & final discharged the
account thereof, doth belong unto the Surrogate of the
said County, the administration of all & singular the
goods, chattels & credits of the said deceased, and any way
concerning his will, is granted unto William Elliot, in
confirmation with Drusilla Lewis (one of the Executors in
the said will named) he being first duly sworn faith-
fully & honestly to discharge the duties of such Executor
In testimony whereof, we have caused the seal of office
of our surrogate to be hereunto annexed, witnesses, James
Campbell Esquire, Surrogate of our said County, at the
City of New York, the nineteenth day of November in
the year of our Lord one thousand eight hundred and
[corresponds to labeled page 95 of Will Records Vol. 2 - 1835-1850]
95
testator, and also the auditing, allowing & final dischar-
-ging the account thereof, doth belong unto the Surrogate
of the said County; the Administration of all & singular
the goods, chattels & credits of the said deceased, and any
way concerning his will, is granted unto Drusilla Lewis
the Executrix in the said will named, she being first duly
sworn faithfully & honestly to discharge the duties of
such Executrix. In testimony whereof, we have caused
the seal of office of our suggogate to be hereunto annexed.
Witnesses, James Campbell Esquire Surrogate of our said County
at the City of New York, the seventeenth day of September
in the year of our Lord one thousand eight hundred and
thirty one, and of our Independance the fifty sixth.
James Campbell Surrogate
The People of the State of New York ~ By the Grace of
God, Free Independent ~ To all to whom these presents
shall come, or may concern ~ Send Greeting ~
Know Ye, That at the County of New York on the ninth
day of August, in the year of our Lord, one thousand eight
hundred & thirty one before the Court of Chancery of the
State of New York, the last will & testament of George Lewis
deceased, was proved, and is now approved & allowed by us;
and the said George Lewis not being an Inhabitant of this
State, lately died out of this State, leaving assets in the Coun-
-ty of New York by reason whereof the proving & registering
of the said will & the granting Administration of all and
singular the goods, chattels and credits, of the said testator,
and also the auditing, allowing & final discharged the
account thereof, doth belong unto the Surrogate of the
said County, the administration of all & singular the
goods, chattels & credits of the said deceased, and any way
concerning his will, is granted unto William Elliot, in
confirmation with Drusilla Lewis (one of the Executors in
the said will named) he being first duly sworn faith-
fully & honestly to discharge the duties of such Executor
In testimony whereof, we have caused the seal of office
of our surrogate to be hereunto annexed, witnesses, James
Campbell Esquire, Surrogate of our said County, at the
City of New York, the nineteenth day of November in
the year of our Lord one thousand eight hundred and
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 141)
Description
[page 141]
[corresponds to labeled page 96 of Will Records Vol. 2 - 1835-1850]
96
thirty one and of our Independence fifty sixth
James Campbell Surrogate
State of New York, City & County of New York,
surrogates Office; Ss, I James Campbell Surro-
gate of the County of New York, do hereby certify
that I have compared the foregoing will of George Lewis
and the letters Testamentary granted hereon, with the
original records thereof, now remaining in this office
& have found the same to be a correct transcript of the
whole of such original. In testimony whereof, I
{seal} Have hereto set my hand & official seal at
New York this eleventh day of May 1839
James Campbell ~
State of New York, Surrogate's Court ~
I James Campbell Surrogate of said County and
presiding magistrate of the surrogate's Court, do hereby
certify that the forgoing exemplification of the will of
George Lewis deceased is authenticated in due form.
{seal} In testimony whereof I have hereto set my
hand & seal this 11th of May 1839 ~
James Campbell Surrogate ~
Recorded the foregoing authenticated copy of Will &c
Septr 27th 1839 ~
Attest ~ WD Heim Clerk ~
Pleas at a special Court, held at the Court House
in Delaware, on the 21st day of August AD 1839 before
the Honorable John Brundige, John Lugenbeel &
Ahab Jinks Esq, Associate Judges of the Court of
Common Pleas in & for the County of Delaware in the
State of Ohio. This day the last will and
testament of Prior Cox decd was produced in open
Court, & the testimony of William Watkins one of the
subscribing witnesses thereto, being reduced to writing
& filed; and it appearing to the Court that Benjamin
Joseph Brentnall the other witness to the said will is
not a resident of this County, on motion, ordered that
at Commission issue with the will annexed to Joel Z.
Mendenhall Esq. to take the deposition of the said
[corresponds to labeled page 96 of Will Records Vol. 2 - 1835-1850]
96
thirty one and of our Independence fifty sixth
James Campbell Surrogate
State of New York, City & County of New York,
surrogates Office; Ss, I James Campbell Surro-
gate of the County of New York, do hereby certify
that I have compared the foregoing will of George Lewis
and the letters Testamentary granted hereon, with the
original records thereof, now remaining in this office
& have found the same to be a correct transcript of the
whole of such original. In testimony whereof, I
{seal} Have hereto set my hand & official seal at
New York this eleventh day of May 1839
James Campbell ~
State of New York, Surrogate's Court ~
I James Campbell Surrogate of said County and
presiding magistrate of the surrogate's Court, do hereby
certify that the forgoing exemplification of the will of
George Lewis deceased is authenticated in due form.
{seal} In testimony whereof I have hereto set my
hand & seal this 11th of May 1839 ~
James Campbell Surrogate ~
Recorded the foregoing authenticated copy of Will &c
Septr 27th 1839 ~
Attest ~ WD Heim Clerk ~
Pleas at a special Court, held at the Court House
in Delaware, on the 21st day of August AD 1839 before
the Honorable John Brundige, John Lugenbeel &
Ahab Jinks Esq, Associate Judges of the Court of
Common Pleas in & for the County of Delaware in the
State of Ohio. This day the last will and
testament of Prior Cox decd was produced in open
Court, & the testimony of William Watkins one of the
subscribing witnesses thereto, being reduced to writing
& filed; and it appearing to the Court that Benjamin
Joseph Brentnall the other witness to the said will is
not a resident of this County, on motion, ordered that
at Commission issue with the will annexed to Joel Z.
Mendenhall Esq. to take the deposition of the said
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 142)
Description
[page 142]
[corresponds to labeled page 97 of Will Records Vol. 2 - 1835-1850]
97
Benjamin Joseph Brentnall touching the execution of
the said will, & report the same to the next September term
of this Court, to which time this matter is continued.
And afterwards, now at this time, to wit; at the Septr
term of the Court of Common Pleas, continued & held
for said County, on the 23rd day of Sept AD 1839 the
following proceedings were had & entered in regard to
said will, to wit ~ This day Joel Z Mendenhall
the Commissioner heretofore appointed to take the deposi-
tion of Benjamin Joseph Brentnall touching the execution
of the last will & testament of Prior Cox decd made
report of his proceedings with the proof by him taken,
& the Court upon examination of the matter, consider
said will duly proved & order the same to be recorded.
And thereupon on motion of Morgan Williams & Horatio
Sherman the Executors in said will named it is ordered
that letters testamentary be granted them upon their
entering into bonds in the sum of $8000.00? with
Benjamin F. Allen, Joseph Cox, Andrew H. Patterson,
David Williams, Thomas Jones, Ebenezer Williams &
Willian Ward as security. And it is further ordered
that Robert R. Thomas, John B. Andres & Hugh
Kyle appraise the personal property of said estate.
I Prior Cox of the township of Radnor in
the County of Delaware in the State of Ohio do make
& publish this my last will and testament in manner
& form following that is to say. First. It is my will
that all my just debts & funeral expenses be fully paid
Second, I give devise & bequeath to my daughter Catherine
Cox eight hundred dollars. Third, I give devise and
bequeath to my daughter Hannah Cox eight hundred
Dollars. Fourth, I give devise & bequeath to my son
Prior Cox the residue of my property both real and
personal, the said legacies to be paid to my said
daughters & son at the time they respectively arrive
of age, that is my said daughters at the age of eight-
-een & my son at the age of twenty one, said legacies
to be paid by the guardians hereinafter appointed by
me in this will, the interest of said legacies to be
paid annually by said guardians for the purpose of
[corresponds to labeled page 97 of Will Records Vol. 2 - 1835-1850]
97
Benjamin Joseph Brentnall touching the execution of
the said will, & report the same to the next September term
of this Court, to which time this matter is continued.
And afterwards, now at this time, to wit; at the Septr
term of the Court of Common Pleas, continued & held
for said County, on the 23rd day of Sept AD 1839 the
following proceedings were had & entered in regard to
said will, to wit ~ This day Joel Z Mendenhall
the Commissioner heretofore appointed to take the deposi-
tion of Benjamin Joseph Brentnall touching the execution
of the last will & testament of Prior Cox decd made
report of his proceedings with the proof by him taken,
& the Court upon examination of the matter, consider
said will duly proved & order the same to be recorded.
And thereupon on motion of Morgan Williams & Horatio
Sherman the Executors in said will named it is ordered
that letters testamentary be granted them upon their
entering into bonds in the sum of $8000.00? with
Benjamin F. Allen, Joseph Cox, Andrew H. Patterson,
David Williams, Thomas Jones, Ebenezer Williams &
Willian Ward as security. And it is further ordered
that Robert R. Thomas, John B. Andres & Hugh
Kyle appraise the personal property of said estate.
I Prior Cox of the township of Radnor in
the County of Delaware in the State of Ohio do make
& publish this my last will and testament in manner
& form following that is to say. First. It is my will
that all my just debts & funeral expenses be fully paid
Second, I give devise & bequeath to my daughter Catherine
Cox eight hundred dollars. Third, I give devise and
bequeath to my daughter Hannah Cox eight hundred
Dollars. Fourth, I give devise & bequeath to my son
Prior Cox the residue of my property both real and
personal, the said legacies to be paid to my said
daughters & son at the time they respectively arrive
of age, that is my said daughters at the age of eight-
-een & my son at the age of twenty one, said legacies
to be paid by the guardians hereinafter appointed by
me in this will, the interest of said legacies to be
paid annually by said guardians for the purpose of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 143)
Description
[page 143]
[corresponds to labeled page 98 of Will Records Vol. 2 - 1835-1850]
98
maintaining & schooling my said children. Fifth
I do hereby nominate & appoint my brother Joseph
Cox & my friend William Ward guardians of my
said daughters & son until they respectively arrive
at the ages above mention. Sixth. I do hereby nom-
-inate & appoint Horatio Sherman & Morgan Williams
Executors of this my last will & testament hereby
authorizing and empowering them to compromise as just
release & discharge in such manner as they may
deem proper the debts and claims due me. I do
hereby revoke all former wills by me made. In
testimony whereof I have hereunto set my hand &
seal this twelth day of August in the year one
thousand eight hundred & thirty nine.
his
Prior x Cox {seal}
mark
Signed and acknowledged by said Prior Cox as his
last will & testament in our presence and signed by
us in his presence. William Watkins ~
Benjamin Joseph Brentnall ~
The State of Ohio Delaware County; Ss
Before a special Session of the Court of Common
Pleas, held at the Court House, in & for the said County
on the 21st day of August 1839 William Watkins being
duly sworn in open Court when his oath deposeth &
saith that the paper here produced in open Court
purporting to be the last will & testament of Prior
Cox bearing date the twelfth day of August AD.
1839 was by the said Prior Cox on that day at the
residence of Joseph Cox in Radnor in the said County,
signed & sealed & published as his last will & testament
& that this deponent & Benjamin Joseph Brentnall
then & there signed our names thereto as witnesses at the
request of the said Prior Cox in his presence & in the
presence of each other, & the said Prior Cox then & there
in our hearing acknowledged the same as his will,
that the said Prior Cox was at that time about the
age of forty four years of sound mind & memory &
not acting under any restraint and further says not.
William Watkins ~
Subscribed & sworn to in open Court, August 21st 1839
WD Heim Clerk
[corresponds to labeled page 98 of Will Records Vol. 2 - 1835-1850]
98
maintaining & schooling my said children. Fifth
I do hereby nominate & appoint my brother Joseph
Cox & my friend William Ward guardians of my
said daughters & son until they respectively arrive
at the ages above mention. Sixth. I do hereby nom-
-inate & appoint Horatio Sherman & Morgan Williams
Executors of this my last will & testament hereby
authorizing and empowering them to compromise as just
release & discharge in such manner as they may
deem proper the debts and claims due me. I do
hereby revoke all former wills by me made. In
testimony whereof I have hereunto set my hand &
seal this twelth day of August in the year one
thousand eight hundred & thirty nine.
his
Prior x Cox {seal}
mark
Signed and acknowledged by said Prior Cox as his
last will & testament in our presence and signed by
us in his presence. William Watkins ~
Benjamin Joseph Brentnall ~
The State of Ohio Delaware County; Ss
Before a special Session of the Court of Common
Pleas, held at the Court House, in & for the said County
on the 21st day of August 1839 William Watkins being
duly sworn in open Court when his oath deposeth &
saith that the paper here produced in open Court
purporting to be the last will & testament of Prior
Cox bearing date the twelfth day of August AD.
1839 was by the said Prior Cox on that day at the
residence of Joseph Cox in Radnor in the said County,
signed & sealed & published as his last will & testament
& that this deponent & Benjamin Joseph Brentnall
then & there signed our names thereto as witnesses at the
request of the said Prior Cox in his presence & in the
presence of each other, & the said Prior Cox then & there
in our hearing acknowledged the same as his will,
that the said Prior Cox was at that time about the
age of forty four years of sound mind & memory &
not acting under any restraint and further says not.
William Watkins ~
Subscribed & sworn to in open Court, August 21st 1839
WD Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 144)
Description
[page 144]
[corresponds to labeled page 99 of Will Records Vol. 2 - 1835-1850]
99
The State of Ohio Delaware County; Ss. To the Court
of Common Please, Sept Term 1839.
Benjamin Joseph Brentnall being duly sworn before
Joel Z Mendenhall Commissions appointed by the
Court to take this deposition, upon his oath says that
the paper now here produced to him & purporting to be
the last will & testament of Prior Cox and bearing
date the twelfth day of August AD 1839 was by the
said Prior Cox on that day, at the residence of Joseph
Cox in Radnor Township in the said County signed
& sealed & published as his last will & testament, in
the presence of William Watkins & Benjamin Joseph
Brentnall witnesses to the said will, and that they
then & there in his presence & at his request, and in
the presence of each other signed their names thereto
as witnesses. That the said Prior Cox was at that time
about the age of forty four years of sound mind &
memory and not acting under any restraint, and
further says not.
Benjamin Joseph Brentnall ~
Sworn to & subscribed before me this 13th day of
September AD 1839 ~
Joel Z. Mendenhall Commissioner
Recorded the foregoing Will &c Sept. 27, 1839
Attest ~ WD Heim Clerk~
X Pleas at a special Court held at the Court House in Dela-
ware, on the 20th day of November AD 1839 before the
Honroable John Brundige, John Lugenbeel & Ahab Jinks
Esqs. Associate Judges of the Court of Common Pleas in &
for the County of Delaware in the State of Ohio.
This day the last will & testament of Benajah
Cooke decd was produced in open Court, & the testimony of
George Wickiser one of the subscribing witnesses thereto
being reduced to writing & now on file with the said will,
& it appearing to the Court, that Conard Wickiser the other
witnesses to the said will is not a resident of this County
but resides in Hancock County in this State, on motion
it is ordered that a Commission issue with the will
annexed to the said George Wickiser to take the deposition
of the said Conard Wicksier as to the execution of the
[corresponds to labeled page 99 of Will Records Vol. 2 - 1835-1850]
99
The State of Ohio Delaware County; Ss. To the Court
of Common Please, Sept Term 1839.
Benjamin Joseph Brentnall being duly sworn before
Joel Z Mendenhall Commissions appointed by the
Court to take this deposition, upon his oath says that
the paper now here produced to him & purporting to be
the last will & testament of Prior Cox and bearing
date the twelfth day of August AD 1839 was by the
said Prior Cox on that day, at the residence of Joseph
Cox in Radnor Township in the said County signed
& sealed & published as his last will & testament, in
the presence of William Watkins & Benjamin Joseph
Brentnall witnesses to the said will, and that they
then & there in his presence & at his request, and in
the presence of each other signed their names thereto
as witnesses. That the said Prior Cox was at that time
about the age of forty four years of sound mind &
memory and not acting under any restraint, and
further says not.
Benjamin Joseph Brentnall ~
Sworn to & subscribed before me this 13th day of
September AD 1839 ~
Joel Z. Mendenhall Commissioner
Recorded the foregoing Will &c Sept. 27, 1839
Attest ~ WD Heim Clerk~
X Pleas at a special Court held at the Court House in Dela-
ware, on the 20th day of November AD 1839 before the
Honroable John Brundige, John Lugenbeel & Ahab Jinks
Esqs. Associate Judges of the Court of Common Pleas in &
for the County of Delaware in the State of Ohio.
This day the last will & testament of Benajah
Cooke decd was produced in open Court, & the testimony of
George Wickiser one of the subscribing witnesses thereto
being reduced to writing & now on file with the said will,
& it appearing to the Court, that Conard Wickiser the other
witnesses to the said will is not a resident of this County
but resides in Hancock County in this State, on motion
it is ordered that a Commission issue with the will
annexed to the said George Wickiser to take the deposition
of the said Conard Wicksier as to the execution of the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 145)
Description
[page 145]
[corresponds to labeled page 100 of Will Records Vol. 2 - 1835-1850]
100
said will & report the said deposition &c to the next term
of this Court, to which time this matter is continued.
And afterwards, now at this time, to wit, at the March
term of the Court of Common Pleas, continued & held for said
County, on the 2d day of April AD 1840 the following procee-
-dings were had & entered in regard to said will, to wit ~
This day George Wickiser the Commissioner heretofore
appointed to take the deposition of Conard Wickiser, touching
the execution of the last will & testament of Benajah Cooke
decd made report of his proceedings with the proof by him
taken, & the Court upon examination of the matter consider
said will duly proved & order the same to be recorded, & there-
upon Cassandra Cooke, one of the Executors in said will refusing
to act, It is ordered that John Cook & Elisha Cooke be
appointed Administrators with the will annexed, upon their
entering into bonds in the sum of $1600.00 with Nehemiah
Fancher & Samuel Fancher as security ~ And it is further
ordered that William Budd, Sherman Fairchild & Benja-
min M. Fairchild appraise the personal property of said
estate X Benajah Cooke of Harlem Town-
-ship Delaware County & State of Ohio being in health & of
a sound disposing mind & memory considering the certainty
of death & the uncertainty of the time thereof, & being desi-
-rous to settle my worldly affairs & be thereby the better prepared
to leave this world when it shall please God to call me
hence, do therefore make & publish this my last will and
testament in the manner & form following, that is to say
first & principally I commit myself into the hands of
Almighty God & my body to the earth to be decently buried
at the discretion of my Executor & hereinafter named & after
my just debts & funeral charges are paid. I give & bequeath
to my beloved wife Cassandra Cooke the improvement of
the one third of my improved land & wood & timber suffi-
-cient for her use for said improvement also the one third
of the House that I now live in & of the cellar & a privalege
in the barn I now improve so long as she shall remain my
widow & no longer I also give unto my said wife one
Horse one Cow, & one third of my Sheep gees & poultry, and
also one fourth of my swine & bees, & also one third of my
Household furniture including my House, Clock & excepting
[corresponds to labeled page 100 of Will Records Vol. 2 - 1835-1850]
100
said will & report the said deposition &c to the next term
of this Court, to which time this matter is continued.
And afterwards, now at this time, to wit, at the March
term of the Court of Common Pleas, continued & held for said
County, on the 2d day of April AD 1840 the following procee-
-dings were had & entered in regard to said will, to wit ~
This day George Wickiser the Commissioner heretofore
appointed to take the deposition of Conard Wickiser, touching
the execution of the last will & testament of Benajah Cooke
decd made report of his proceedings with the proof by him
taken, & the Court upon examination of the matter consider
said will duly proved & order the same to be recorded, & there-
upon Cassandra Cooke, one of the Executors in said will refusing
to act, It is ordered that John Cook & Elisha Cooke be
appointed Administrators with the will annexed, upon their
entering into bonds in the sum of $1600.00 with Nehemiah
Fancher & Samuel Fancher as security ~ And it is further
ordered that William Budd, Sherman Fairchild & Benja-
min M. Fairchild appraise the personal property of said
estate X Benajah Cooke of Harlem Town-
-ship Delaware County & State of Ohio being in health & of
a sound disposing mind & memory considering the certainty
of death & the uncertainty of the time thereof, & being desi-
-rous to settle my worldly affairs & be thereby the better prepared
to leave this world when it shall please God to call me
hence, do therefore make & publish this my last will and
testament in the manner & form following, that is to say
first & principally I commit myself into the hands of
Almighty God & my body to the earth to be decently buried
at the discretion of my Executor & hereinafter named & after
my just debts & funeral charges are paid. I give & bequeath
to my beloved wife Cassandra Cooke the improvement of
the one third of my improved land & wood & timber suffi-
-cient for her use for said improvement also the one third
of the House that I now live in & of the cellar & a privalege
in the barn I now improve so long as she shall remain my
widow & no longer I also give unto my said wife one
Horse one Cow, & one third of my Sheep gees & poultry, and
also one fourth of my swine & bees, & also one third of my
Household furniture including my House, Clock & excepting
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 146)
Description
[page 146]
[corresponds to labeled page 101 of Will Records Vol. 2 - 1835-1850]
101
my writing desk which I shall hereafter dispose of, I give
& bequeath Benajah S. Cook the one third part of a small
piece of land I own adjoining Dunkin lick so called and a
priviledge in the lick in addition to what I have heretofore
deeded him. I give & bequeath Celina Fancher wife of
William Fancher my daughter the sum of twenty five
dollars to be paid to her in three years after my decease.
I give & bequeath to my daughter Dezere Adams wife of
John Adams 2d the sum of twenty five dollars to be paid
to her in three years after my decease. I give & bequeath to my
daughter Cassandra Converse, widow of George W. Converse
the sum of fifty dollars to be paid to her in three years
after my decease. I give & bequeath to my sons John Cook &
Elisha Cooke all my real estate not otherwise dispose of
together with all the buildings thereon & the priviledges and
appurtenances thereunto belonging or in any wise appertain-
-ing to be equally divided between them with the incumbrance
of my wife's thirds & also certain priviledges I shall herein-
after mention which I reserve for the use & benefit of my
daughters Lucy Cooke and Levina Cooke. I also give and
bequeath to my son John Cooke & Elisha Cooke all my
farming tools or utensils to be equally divided between them
share & share alike and also all my joiner & carpenter tools
to be equally divided between them. I also give & bequeath
to my said sons John & Elisha Cooke all my horses, colts
Cattle, Calves, Sheep, Swine, bees, gees & poultry that I have
not heretofore disposed of to be equally divided between
them share and share alike my wearing apparel I give &
bequeath to my said sons Benajah S. Cooke John & Elisha
Cooke to be equally divided between them. I also give &
bequeath to my said sons John & Elisha Cooke all my books
and my writing desk to be equally divided between them
I give & bequeath to my daughters Lucy Cooke and
Levina Cooke a priviledge in the House I live in and to
my orchard I own sufficient for their necessary use & a
portion of the proceeds of the real estate for their support
& maintainance with their help so long so long as they
live in my House and remain single & in case of marriage
then they are to be paid a sum sufficient to procure
Furnature equal in value to that given to my daughters
[corresponds to labeled page 101 of Will Records Vol. 2 - 1835-1850]
101
my writing desk which I shall hereafter dispose of, I give
& bequeath Benajah S. Cook the one third part of a small
piece of land I own adjoining Dunkin lick so called and a
priviledge in the lick in addition to what I have heretofore
deeded him. I give & bequeath Celina Fancher wife of
William Fancher my daughter the sum of twenty five
dollars to be paid to her in three years after my decease.
I give & bequeath to my daughter Dezere Adams wife of
John Adams 2d the sum of twenty five dollars to be paid
to her in three years after my decease. I give & bequeath to my
daughter Cassandra Converse, widow of George W. Converse
the sum of fifty dollars to be paid to her in three years
after my decease. I give & bequeath to my sons John Cook &
Elisha Cooke all my real estate not otherwise dispose of
together with all the buildings thereon & the priviledges and
appurtenances thereunto belonging or in any wise appertain-
-ing to be equally divided between them with the incumbrance
of my wife's thirds & also certain priviledges I shall herein-
after mention which I reserve for the use & benefit of my
daughters Lucy Cooke and Levina Cooke. I also give and
bequeath to my son John Cooke & Elisha Cooke all my
farming tools or utensils to be equally divided between them
share & share alike and also all my joiner & carpenter tools
to be equally divided between them. I also give & bequeath
to my said sons John & Elisha Cooke all my horses, colts
Cattle, Calves, Sheep, Swine, bees, gees & poultry that I have
not heretofore disposed of to be equally divided between
them share and share alike my wearing apparel I give &
bequeath to my said sons Benajah S. Cooke John & Elisha
Cooke to be equally divided between them. I also give &
bequeath to my said sons John & Elisha Cooke all my books
and my writing desk to be equally divided between them
I give & bequeath to my daughters Lucy Cooke and
Levina Cooke a priviledge in the House I live in and to
my orchard I own sufficient for their necessary use & a
portion of the proceeds of the real estate for their support
& maintainance with their help so long so long as they
live in my House and remain single & in case of marriage
then they are to be paid a sum sufficient to procure
Furnature equal in value to that given to my daughters
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 147)
Description
[page 147]
[corresponds to labeled page 102 of Will Records Vol. 2 - 1835-1850]
102
heretofore married I also give unto my daughter Lucy
Cook & Levina Cook the sum of Fifty dollars each to be
paid to them within three years after my decease by my
Executors out of my Estate and also all the aforesaid legacies
in money to be paid in like manner. I furthermore give &
bequeath unto my said sons John Cook & Elisha Cooke
all my notes, debts, due & demands and my other property
not heretofore given away of every kind name or nature
whatsoever. Provided nevertheless that in case of the decease
of either of my said sons John Cook or Elisha Cook before
before [crossed out] he shall become of lawfull age or without a lawfull
heir then the portion which I have bequeathed to him
shall be the property of the surviving one. And lastly,
I do hereby consitutue & appoint my dear & beloved wife
Cassandra Cooke & my son John Cooke to be Executors
of this my last will and testament revoking & annulling
all former wills by me heretofore made ratifying and
confirming this & none other to be my last will & testament.
In testimony whereof, I Benajah Cooke have to this my
last will containing of one sheet of paper set my hand this
twenty first day of December AD one thousand eight hundred
& thirty one. Benajah Cooke ~
Signed, published & declared by Benajah Cooke the above
anmed testator as & for his last will & testament in the presence
of us who at his request & in his presence have subscribed our
names as witnesses thereto.
George Wickiser
Conard Wickiser
X the State of Ohio Delaware County: Ss
At a special session of the Court of Common Pleas for the
said County held on the 20th day of November AD 1839,
George Wickiser being duly sworn in open Court, upon his
oath deposes & says that the writing now here produced in
open Court purporting to be the last will & testament of
Benajah Cook bearing date the twenty first day of
December one thousand eight hundred & thirty one signed
by the said Benajah Cooke & witnessed by George Wickiser
& Conard Wickiser was on the day of the date thereof signed
published and declared by the said Benajah Cooke as his
last will & testament in our presence / the presence of the
said George Wickiser & Conard Wickiser / & that we / the said
[corresponds to labeled page 102 of Will Records Vol. 2 - 1835-1850]
102
heretofore married I also give unto my daughter Lucy
Cook & Levina Cook the sum of Fifty dollars each to be
paid to them within three years after my decease by my
Executors out of my Estate and also all the aforesaid legacies
in money to be paid in like manner. I furthermore give &
bequeath unto my said sons John Cook & Elisha Cooke
all my notes, debts, due & demands and my other property
not heretofore given away of every kind name or nature
whatsoever. Provided nevertheless that in case of the decease
of either of my said sons John Cook or Elisha Cook before
before [crossed out] he shall become of lawfull age or without a lawfull
heir then the portion which I have bequeathed to him
shall be the property of the surviving one. And lastly,
I do hereby consitutue & appoint my dear & beloved wife
Cassandra Cooke & my son John Cooke to be Executors
of this my last will and testament revoking & annulling
all former wills by me heretofore made ratifying and
confirming this & none other to be my last will & testament.
In testimony whereof, I Benajah Cooke have to this my
last will containing of one sheet of paper set my hand this
twenty first day of December AD one thousand eight hundred
& thirty one. Benajah Cooke ~
Signed, published & declared by Benajah Cooke the above
anmed testator as & for his last will & testament in the presence
of us who at his request & in his presence have subscribed our
names as witnesses thereto.
George Wickiser
Conard Wickiser
X the State of Ohio Delaware County: Ss
At a special session of the Court of Common Pleas for the
said County held on the 20th day of November AD 1839,
George Wickiser being duly sworn in open Court, upon his
oath deposes & says that the writing now here produced in
open Court purporting to be the last will & testament of
Benajah Cook bearing date the twenty first day of
December one thousand eight hundred & thirty one signed
by the said Benajah Cooke & witnessed by George Wickiser
& Conard Wickiser was on the day of the date thereof signed
published and declared by the said Benajah Cooke as his
last will & testament in our presence / the presence of the
said George Wickiser & Conard Wickiser / & that we / the said
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 148)
Description
[page 148]
[corresponds to labeled page 103 of Will Records Vol. 2 - 1835-1850]
103
witnesses / then & there heard him acknowledge the signing of
the said will & testament & that we in his presence & at his
request & in the presence of each other signed our names
thereto as witnesses, at the said Conard Wickiser's residence
in Harlem Township in the said county. The said Benajah
Cook at the time of the said publication of the said will
as aforesaid was about the age of seventy years of sound
mind & memory & acting under no restraint, and further
says not. George Wickiser
Subscribed & sworn to in open Court, Nov 20th 1839
Attest. WD Heim Clerk
To the Court of Common Pleas for the County of Delaware in
the State of Ohio. George Wickiser Commissioner appointed
by the said Court to take the deposition of Conard Wickiser
of Hancock County in relation to the will ob Benajah
Cook decd respectfully reports the following deposition taken
as aforesaid. On this 28th day of March AD 1840
personally appeared before George Wickiser Commissioner as
aforesaid Conard Wickiser who being duly sworn upon his
oath deposes & says that the writing now produced in his
presence purporting to be the last will & testament of
Benajah Cook bearing date the twenty first day of December
one thousand eight hundred & thirty one, signed by the said
Benajah Cook & witnessed by George Wickiser & Conard
Wickiser, was on the day of the date thereof signed pub-
-lished & declared by the said Benajah Cook as his last
will & testament in our / the said George & Conard Wickiser's
presence, & that we / the said witnesses / then & there heard
him acknowledge the signing of the said will & testament
& that we in his presence, at this request, & in the presence
of each other, signed our names thereto as witnesses, at
the residence of the said Conard Wickisers in Harlem
Township in the said County, the said Benajah Cook at
that time, then & there was about the age of seventy years
of sound mind & memory & acting under no restraint, &
further say not. Conard Wickiser
Sworn & subscribed to on the 20th day of March AD 1860 at
the County of Hancock before me. George Wickiser, Comm.
Recorded the foregoing Will &c April 20th 1840
Attest ~ WD. Heim Clerk X
[corresponds to labeled page 103 of Will Records Vol. 2 - 1835-1850]
103
witnesses / then & there heard him acknowledge the signing of
the said will & testament & that we in his presence & at his
request & in the presence of each other signed our names
thereto as witnesses, at the said Conard Wickiser's residence
in Harlem Township in the said county. The said Benajah
Cook at the time of the said publication of the said will
as aforesaid was about the age of seventy years of sound
mind & memory & acting under no restraint, and further
says not. George Wickiser
Subscribed & sworn to in open Court, Nov 20th 1839
Attest. WD Heim Clerk
To the Court of Common Pleas for the County of Delaware in
the State of Ohio. George Wickiser Commissioner appointed
by the said Court to take the deposition of Conard Wickiser
of Hancock County in relation to the will ob Benajah
Cook decd respectfully reports the following deposition taken
as aforesaid. On this 28th day of March AD 1840
personally appeared before George Wickiser Commissioner as
aforesaid Conard Wickiser who being duly sworn upon his
oath deposes & says that the writing now produced in his
presence purporting to be the last will & testament of
Benajah Cook bearing date the twenty first day of December
one thousand eight hundred & thirty one, signed by the said
Benajah Cook & witnessed by George Wickiser & Conard
Wickiser, was on the day of the date thereof signed pub-
-lished & declared by the said Benajah Cook as his last
will & testament in our / the said George & Conard Wickiser's
presence, & that we / the said witnesses / then & there heard
him acknowledge the signing of the said will & testament
& that we in his presence, at this request, & in the presence
of each other, signed our names thereto as witnesses, at
the residence of the said Conard Wickisers in Harlem
Township in the said County, the said Benajah Cook at
that time, then & there was about the age of seventy years
of sound mind & memory & acting under no restraint, &
further say not. Conard Wickiser
Sworn & subscribed to on the 20th day of March AD 1860 at
the County of Hancock before me. George Wickiser, Comm.
Recorded the foregoing Will &c April 20th 1840
Attest ~ WD. Heim Clerk X
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 149)
Description
[page 149]
[corresponds to labeled page 104 of Will Records Vol. 2 - 1835-1850]
149
Pleas held at the Court House in Delaware on the 16th
day of June AD 1840 before the Honorable Joseph R.
Swan President & John Brundige, John Lugenbeel
& Ahab Jinks Esq his Associates, Judges of the Court
of Common Pleas in & for the County of Delaware, in
the State of Ohio.
This day the last will & testament of Edward L.
Randall decd was produced in open Court, & proved by
the testimony of the subscribing witnesses thereto as redu-
-ced to writing approved & ordered to be recorded. And
thereupon on motion of George B. Carpenter one of the
Executors in said will named / Anna Randall the other
Executor herein named having refused to act as per file /
it is ordered that letters testementary be granted him upon
his entering into bonds in the sum of $1000.00 with
James H. Cutler & Amos Searles as security. And it is
further ordered that Nathan Dustin, Stiles J. Parker &
Daniel Vandermark appraise the personal property of
said estate. I Edward L. Randall of the
County of Delaware & State of Ohio do make & publish this
my last will & testament in the manner & form following
to wit. First I will & bequeath my soul to God my maker
& my body to the grave. Second, I will that my funeral
expenses and all my just debts be fully paid, for which I
will that a part or the whole of a wood lot on the Higby
Section Berkshire Township County & State above men-
tioned west part of lot W 21 be sold. Third, I give &
devise and bequeath to my beloved wife Anna the
lot of land on which I now live and all that may
remain unsold of the above described wood lot if any
on the Higby Section and all my personal property
during her natural life and after her decease the
property if any left to be equally divided amongst my
beloved children /viz/. Bedney R. Harriet Jane Adaline
Matilda & Roana Roxanna. Lastly I Hereby constitute
& appoint my wife Anna & George B Carpenter of the
Town & County above mentioned to be the executors
of this my last will and testament revoking and
annulling all former wills by me made & ratifying
[corresponds to labeled page 104 of Will Records Vol. 2 - 1835-1850]
149
Pleas held at the Court House in Delaware on the 16th
day of June AD 1840 before the Honorable Joseph R.
Swan President & John Brundige, John Lugenbeel
& Ahab Jinks Esq his Associates, Judges of the Court
of Common Pleas in & for the County of Delaware, in
the State of Ohio.
This day the last will & testament of Edward L.
Randall decd was produced in open Court, & proved by
the testimony of the subscribing witnesses thereto as redu-
-ced to writing approved & ordered to be recorded. And
thereupon on motion of George B. Carpenter one of the
Executors in said will named / Anna Randall the other
Executor herein named having refused to act as per file /
it is ordered that letters testementary be granted him upon
his entering into bonds in the sum of $1000.00 with
James H. Cutler & Amos Searles as security. And it is
further ordered that Nathan Dustin, Stiles J. Parker &
Daniel Vandermark appraise the personal property of
said estate. I Edward L. Randall of the
County of Delaware & State of Ohio do make & publish this
my last will & testament in the manner & form following
to wit. First I will & bequeath my soul to God my maker
& my body to the grave. Second, I will that my funeral
expenses and all my just debts be fully paid, for which I
will that a part or the whole of a wood lot on the Higby
Section Berkshire Township County & State above men-
tioned west part of lot W 21 be sold. Third, I give &
devise and bequeath to my beloved wife Anna the
lot of land on which I now live and all that may
remain unsold of the above described wood lot if any
on the Higby Section and all my personal property
during her natural life and after her decease the
property if any left to be equally divided amongst my
beloved children /viz/. Bedney R. Harriet Jane Adaline
Matilda & Roana Roxanna. Lastly I Hereby constitute
& appoint my wife Anna & George B Carpenter of the
Town & County above mentioned to be the executors
of this my last will and testament revoking and
annulling all former wills by me made & ratifying
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 150)
Description
[page 150]
[corresponds to labeled page 105 of Will Records Vol. 2 - 1835-1850]
150
this and no other to be my last will & testament whereof
I have hereunto set my hand and seal this seventeenth
of April one thousand eight hundred & forty.
In presence of Edward L. Randall {seal}
Amos Sarles ~ James H Cutler ~
The State of Ohio Delaware County: Ss
Amos Sarles & James H Cutler being duly sworn in open
Court upon their oaths say that the paper now here prod-
-ced in open Court purporting to be the last will and
testament of Edward L. Randall bearing date the 17th
day of April 1840 was by the said Randall on that
day at his residence in Berkshire Township in the
said County in our presence duly signed & sealed and
published & declared as his last will and testament. That
we there saw him sign the same and that we at his re-
-quest, in his presence & in the presence of each other
signed our names thereto as witnesses that the said
Randall was then of full age of sound mind & memory
& acting under no restraint, and further say not.
James H. cutler
Subscribed & sworn to in open Amos Sarles
Court June Term 1840. WD Heim Clerk ~
Recorded the foregoing Will &c July 2 1840
Attest. WD Heim Clerk ~
Pleas held at the Court House in Delaware before the
Honorable Joseph R. Swan President & John Brun-
-dige, John Lugenbeel & Ahab Jinks Esqr his Associates,
Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio, on the 16th day of
June AD 1840.
This day the last will & testament of Uriah Johnson
decd was produced, in open Court & proved, by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded, and thereupon on motion
of Benjamin Sweat one of the Executors in said will
names / Thomas Blackburn the other executor therein
named having refused to act / it is ordered that letters
testamentary be granted him upon his entering into
bonds in the sum of $2000.00 with Charles Day &
Merren D. Cole as security. And it is further ordered
[corresponds to labeled page 105 of Will Records Vol. 2 - 1835-1850]
150
this and no other to be my last will & testament whereof
I have hereunto set my hand and seal this seventeenth
of April one thousand eight hundred & forty.
In presence of Edward L. Randall {seal}
Amos Sarles ~ James H Cutler ~
The State of Ohio Delaware County: Ss
Amos Sarles & James H Cutler being duly sworn in open
Court upon their oaths say that the paper now here prod-
-ced in open Court purporting to be the last will and
testament of Edward L. Randall bearing date the 17th
day of April 1840 was by the said Randall on that
day at his residence in Berkshire Township in the
said County in our presence duly signed & sealed and
published & declared as his last will and testament. That
we there saw him sign the same and that we at his re-
-quest, in his presence & in the presence of each other
signed our names thereto as witnesses that the said
Randall was then of full age of sound mind & memory
& acting under no restraint, and further say not.
James H. cutler
Subscribed & sworn to in open Amos Sarles
Court June Term 1840. WD Heim Clerk ~
Recorded the foregoing Will &c July 2 1840
Attest. WD Heim Clerk ~
Pleas held at the Court House in Delaware before the
Honorable Joseph R. Swan President & John Brun-
-dige, John Lugenbeel & Ahab Jinks Esqr his Associates,
Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio, on the 16th day of
June AD 1840.
This day the last will & testament of Uriah Johnson
decd was produced, in open Court & proved, by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded, and thereupon on motion
of Benjamin Sweat one of the Executors in said will
names / Thomas Blackburn the other executor therein
named having refused to act / it is ordered that letters
testamentary be granted him upon his entering into
bonds in the sum of $2000.00 with Charles Day &
Merren D. Cole as security. And it is further ordered
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 151)
Description
[page 151]
[corresponds to labeled page 106 of Will Records Vol. 2 - 1835-1850]
that David Pierson, John Clayton, & Daniel Sinkey
appraise the personal property of said estate.
Know all men by these presents that I Uriah John-
son do by these lines As my last will & testament.
First, will that all my lawful debts & funeral expenses
be paid out of my goods & chattels and estate, then my
son-in-law Benjamin Sweat I will him out of the
remains the sum of five hundred dollars,then forty
dollars to Elisa Johnson, and three hundred dollars
to my son Albert N. Johnson, and after the above named
sums be paid out of my estate. I then will the remainder
should be equally divided unto the above named heirs
& all the rest of my lawful heirs to shair & have A equal
proportion, after the several named sums be paid to said
heirs. I also will & wish Benjamin Sweat & Thomas
Blackburn to act & serve as executors. & attend to the
affairs pertaining to my estate goods, chattels, lands
debts, funeral expences and if in case my son Albert
N.Johnson Should bring bring any claim or demands against
the estate, & recover it there shall be a reduction out of
said three hundred dollars even down to the whole amount
of said three hundred dollars, or to few dollars or such part
as may be recovered. I acknowledge this to be my last
will and testimony this May the fourteenth one thousand
eight hundred & forty. Uriah Johnson [seal]
Delaware County State of Ohio Trenton township
This day signed, sealed & delivered in the presence of
us, attest. Merreen D. Cole, David McNitt
Court of Common Pleas June Term 1840.
Personally appeared in open Court Merreen D. Cole
& David McNitt of Delaware County Ohio of lawful
age who being duly sworn, depose & say that the will
now produced in open Court, purporting to be the last
will & testament of Uriah Johnson of Trenton Township
Delaware County Ohio, was executed on the 14th day of
May 1840 That said Uriah Johnson the testator sign-
ed and sealed the said will in the presence of deponents
and after it was read over to him, he acknowledged it
as his last will & testament, and we were requested to
subscribe it as witnesses and we put questions to him
touching the will his answers were all correct, we believe
[corresponds to labeled page 106 of Will Records Vol. 2 - 1835-1850]
that David Pierson, John Clayton, & Daniel Sinkey
appraise the personal property of said estate.
Know all men by these presents that I Uriah John-
son do by these lines As my last will & testament.
First, will that all my lawful debts & funeral expenses
be paid out of my goods & chattels and estate, then my
son-in-law Benjamin Sweat I will him out of the
remains the sum of five hundred dollars,then forty
dollars to Elisa Johnson, and three hundred dollars
to my son Albert N. Johnson, and after the above named
sums be paid out of my estate. I then will the remainder
should be equally divided unto the above named heirs
& all the rest of my lawful heirs to shair & have A equal
proportion, after the several named sums be paid to said
heirs. I also will & wish Benjamin Sweat & Thomas
Blackburn to act & serve as executors. & attend to the
affairs pertaining to my estate goods, chattels, lands
debts, funeral expences and if in case my son Albert
N.Johnson Should bring bring any claim or demands against
the estate, & recover it there shall be a reduction out of
said three hundred dollars even down to the whole amount
of said three hundred dollars, or to few dollars or such part
as may be recovered. I acknowledge this to be my last
will and testimony this May the fourteenth one thousand
eight hundred & forty. Uriah Johnson [seal]
Delaware County State of Ohio Trenton township
This day signed, sealed & delivered in the presence of
us, attest. Merreen D. Cole, David McNitt
Court of Common Pleas June Term 1840.
Personally appeared in open Court Merreen D. Cole
& David McNitt of Delaware County Ohio of lawful
age who being duly sworn, depose & say that the will
now produced in open Court, purporting to be the last
will & testament of Uriah Johnson of Trenton Township
Delaware County Ohio, was executed on the 14th day of
May 1840 That said Uriah Johnson the testator sign-
ed and sealed the said will in the presence of deponents
and after it was read over to him, he acknowledged it
as his last will & testament, and we were requested to
subscribe it as witnesses and we put questions to him
touching the will his answers were all correct, we believe
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 152)
Description
[page 152]
[corresponds to labeled page 107 of Will Records Vol. 2 - 1835-1850]
107
he was of sound and disposing mind & memory and not
under any restrain at the time. David McNitt
Merren D. Cole
Sworn to & subscribed this 16th June 1840 in open Court
WD. Heim Clerk
Recorded the foregoing Will &c July 2d 1840
Attest WD. Heim Clerk
Pleas held at the Court House in Delaware on the 19th
day of June AD 1840 before the Honorable Joseph R.
Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of James Kooken
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded. And thereupon on motion
of Eliza Kooken & James Kooken the executors in said
will named. It is ordered that letters testamentary be
granted them upon their entering into bonds in the sum
of $1000.00? with Thomas Reynolds & Benjamin Powers
as security. And it is further ordered that Thomas M.
Powell, Sylvester Latimer & William Mansur appraise
the personal property of said estate.
In the name of God Amen I James Kooken of
Concord Township Delaware County & State of Ohio being
advanced in years and weak in body but sound in mind
and memory do make and ordain this my last will and
testament hereby revoking all others. First, I give
& bequeath my soul to God who gave it. Second, I
give and bequeath to my beloved wife Eliza all my real
and personal estates for the purpose of her support together
with that of my Four youngest children to wit: Elen
Gertrude, Ann Caroline, George Reynolds & Margaret
Kooken during the full and & term of their minority, at
the death of my said wife Eliza it shall be sold and
equally divided share and share alike among all my
children after all my just debts are paid or liquadated
Further I do hereby nominate & appoint my said wife
Eliza and my son James to execute this my last will
[corresponds to labeled page 107 of Will Records Vol. 2 - 1835-1850]
107
he was of sound and disposing mind & memory and not
under any restrain at the time. David McNitt
Merren D. Cole
Sworn to & subscribed this 16th June 1840 in open Court
WD. Heim Clerk
Recorded the foregoing Will &c July 2d 1840
Attest WD. Heim Clerk
Pleas held at the Court House in Delaware on the 19th
day of June AD 1840 before the Honorable Joseph R.
Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of James Kooken
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded. And thereupon on motion
of Eliza Kooken & James Kooken the executors in said
will named. It is ordered that letters testamentary be
granted them upon their entering into bonds in the sum
of $1000.00? with Thomas Reynolds & Benjamin Powers
as security. And it is further ordered that Thomas M.
Powell, Sylvester Latimer & William Mansur appraise
the personal property of said estate.
In the name of God Amen I James Kooken of
Concord Township Delaware County & State of Ohio being
advanced in years and weak in body but sound in mind
and memory do make and ordain this my last will and
testament hereby revoking all others. First, I give
& bequeath my soul to God who gave it. Second, I
give and bequeath to my beloved wife Eliza all my real
and personal estates for the purpose of her support together
with that of my Four youngest children to wit: Elen
Gertrude, Ann Caroline, George Reynolds & Margaret
Kooken during the full and & term of their minority, at
the death of my said wife Eliza it shall be sold and
equally divided share and share alike among all my
children after all my just debts are paid or liquadated
Further I do hereby nominate & appoint my said wife
Eliza and my son James to execute this my last will
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 153)
Description
[page 153]
[corresponds to labeled page 108 of Will Records Vol. 2 - 1835-1850]
108
and testament. In testimony whereof I have hereunto
set my hand and seal this twenty sixth day of April
AD. one thousand Eight hundred and forty.
his
James x Kooken {seal}
mark
Signed & sealed in our presence & in the presence of the
testator at his request. John Morrison
Israel Lucas ~
The State of Ohio Delaware County; Ss ~
Com. Pleas June Term 1840 ~ Personally appeared
in open Court John Morrison & Israel Lucas who being
duly sworn upon their oaths depose and say that the
paper now here produced in Court purporting to be
the last will & testament of James Kooken late of the
said County bearing date the twenty sixth day of April AD.
1840 was by him the said Kooken signed in their presence
and then & there published & declared as his last will &
testament on the day of the date thereof at his residence
at Bellepoint in the said County, and that they the said
deponants then & there at the request of the said Kooken
in his presence and in the presence of each other signed
their names thereto as witnesses. That the said Kooken
was then about sixty years of age, of sound mind &
memory & acting under no restraint & further say
not. John Morrison
Israel Lucas ~
Sworn & subscribed to in open Court, June Term 1840
WD Heim Clerk ~
Recorded the foregoing Will &x July 2d 1840
Attest. WD Heim Clerk
Pleas held at the Court House in Delaware on the 20th
day of June AD 1840 before the Honorable Joseph R
Swan President & Joyhn Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court
of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will & testament of Silas Smith
decd was produced in open Court, & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded & thereupon on motion
[corresponds to labeled page 108 of Will Records Vol. 2 - 1835-1850]
108
and testament. In testimony whereof I have hereunto
set my hand and seal this twenty sixth day of April
AD. one thousand Eight hundred and forty.
his
James x Kooken {seal}
mark
Signed & sealed in our presence & in the presence of the
testator at his request. John Morrison
Israel Lucas ~
The State of Ohio Delaware County; Ss ~
Com. Pleas June Term 1840 ~ Personally appeared
in open Court John Morrison & Israel Lucas who being
duly sworn upon their oaths depose and say that the
paper now here produced in Court purporting to be
the last will & testament of James Kooken late of the
said County bearing date the twenty sixth day of April AD.
1840 was by him the said Kooken signed in their presence
and then & there published & declared as his last will &
testament on the day of the date thereof at his residence
at Bellepoint in the said County, and that they the said
deponants then & there at the request of the said Kooken
in his presence and in the presence of each other signed
their names thereto as witnesses. That the said Kooken
was then about sixty years of age, of sound mind &
memory & acting under no restraint & further say
not. John Morrison
Israel Lucas ~
Sworn & subscribed to in open Court, June Term 1840
WD Heim Clerk ~
Recorded the foregoing Will &x July 2d 1840
Attest. WD Heim Clerk
Pleas held at the Court House in Delaware on the 20th
day of June AD 1840 before the Honorable Joseph R
Swan President & Joyhn Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court
of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will & testament of Silas Smith
decd was produced in open Court, & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded & thereupon on motion
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 154)
Description
[page 154]
[corresponds to labeled page 109 of Will Records Vol. 2 - 1835-1850]
109
It is ordered that Letters of Administration with the will
annexed be granted to Silas Gore who is ordered to enter
into bonds in the sum of $800.00 with Isaiah Vanloon
& Jacob Vanloon as security. And it is further ordered that
John Budd, John Adams & William Budd appraised
the personal property of said estate.
In the name of God amen, I, Silas Smith of
Harlem Township, Delaware County, being of sound mind
memory & judgment, but considering the certainty of
death do ordain this my last will & testament in man
ner & form following, to wit, that is to say I give & bequeath
to my dear wife Polly Smith all my estate real and
personal after my just debts is paid during her natural
life and after her death my heirs is to have the estate
equaly divided amongst them, that is Caleb Smith,
Sally Bristol & Anne Larned & Charles Smith. I do
ordain this to be my last will & testament revoking all
other as witnesses my hand and Seal September 10 AD 1836
In presence of Silas Smith {seal}
D.C. Carpenter
B. Carpenter ~
The State of Ohio Delaware County; Ss
Court of Common Pleas June Term 1840.
Benjamin Carpenter & Davis C Carpenter being duly
sworn in open Court upon their oaths say that the paper
now here produced in open Court purporting to be the
last will & testament of Silas Smith dated September
10th 1836 was on the day of the date thereof by the said
Silas Smith at Galena in Delaware County signed in
their presence & then & there by him published as his
last will & testament, & that they then and there at the
request of the said Smith in his presence and in the
presence of each other signed the same as witnesses
thereto, that the said Smith was then about the age
of seventy five years of sound mind & memory and
acting under no restraint, and further say not.
B. Carpenter ~ Davis C. Carpenter
Sworn & subscribed to in open Court June Term 1840
WD Heim Clerk
Recorded the foregoing Will &c July 2d 1840
Attest. WD Heim Clerk
[corresponds to labeled page 109 of Will Records Vol. 2 - 1835-1850]
109
It is ordered that Letters of Administration with the will
annexed be granted to Silas Gore who is ordered to enter
into bonds in the sum of $800.00 with Isaiah Vanloon
& Jacob Vanloon as security. And it is further ordered that
John Budd, John Adams & William Budd appraised
the personal property of said estate.
In the name of God amen, I, Silas Smith of
Harlem Township, Delaware County, being of sound mind
memory & judgment, but considering the certainty of
death do ordain this my last will & testament in man
ner & form following, to wit, that is to say I give & bequeath
to my dear wife Polly Smith all my estate real and
personal after my just debts is paid during her natural
life and after her death my heirs is to have the estate
equaly divided amongst them, that is Caleb Smith,
Sally Bristol & Anne Larned & Charles Smith. I do
ordain this to be my last will & testament revoking all
other as witnesses my hand and Seal September 10 AD 1836
In presence of Silas Smith {seal}
D.C. Carpenter
B. Carpenter ~
The State of Ohio Delaware County; Ss
Court of Common Pleas June Term 1840.
Benjamin Carpenter & Davis C Carpenter being duly
sworn in open Court upon their oaths say that the paper
now here produced in open Court purporting to be the
last will & testament of Silas Smith dated September
10th 1836 was on the day of the date thereof by the said
Silas Smith at Galena in Delaware County signed in
their presence & then & there by him published as his
last will & testament, & that they then and there at the
request of the said Smith in his presence and in the
presence of each other signed the same as witnesses
thereto, that the said Smith was then about the age
of seventy five years of sound mind & memory and
acting under no restraint, and further say not.
B. Carpenter ~ Davis C. Carpenter
Sworn & subscribed to in open Court June Term 1840
WD Heim Clerk
Recorded the foregoing Will &c July 2d 1840
Attest. WD Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 155)
Description
[page 155]
[corresponds to labeled page 110 of Will Records Vol. 2 - 1835-1850]
110
Pleas held at the Court House in Delaware on the 15th day
of September AD 1840 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab
Jinks Esqr his associates, Judges of the Court of Common
Pleas in & for the County of Delaware in the State of Ohio
This day the last will & testament of Josiah
M. Smith decd was produced in open Court & proved by
the testimony of two of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be recorded
And thereupon on motion of Philena Smith & Hiram
P. Smith the executors in said will named, it is ordered
that letters testamentary be granted them upon their
entering into bonds in the sum of $2000.00? with
Sylvester Latimer & Abraham Williams as security.
And it is further ordered that Samuel Maxwell, James
Farris & Jonathan Nafus appraise the personal property
of said estate. In the name of the benevolent
father of all I Josiah M. Smith being in perfect sound-
ness of mind do this eighth day of July AD 1840 make &
publish this my last will & testament. First, It is my
will that all my just & lawfull debts be paid. Secondly
I give my beloved wife Philena one half of all my
personal property, except the Household Furniture, which
I give to her entire. Also I bequeath to her the use of one
half of my real estate while she remains my widow. But
in case she shall marry then it is my will that my real
estate entire shall be shared by my children as hereinafter
provided. If however after marriage she shall in the
providence of God become reduced to necessitous circum-
stances, then and in that case it is my will that she
shall receive so much of the avails of my estate as shall
be sufficient to keep her in comfortable circumstances
Third It is my will that my son Hiram P. Smith
shall have the following described Lot of Land being
in the County of Delaware & State of Ohio to-wit, Beg-
inning at the South east corner of the third quarter of
the Fifth Township & eighteenth range of the United
States Military Lands in Ohio, thence running north
one hundred & twenty rods to a Honey locust stump
[corresponds to labeled page 110 of Will Records Vol. 2 - 1835-1850]
110
Pleas held at the Court House in Delaware on the 15th day
of September AD 1840 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab
Jinks Esqr his associates, Judges of the Court of Common
Pleas in & for the County of Delaware in the State of Ohio
This day the last will & testament of Josiah
M. Smith decd was produced in open Court & proved by
the testimony of two of the subscribing witnesses thereto
as reduced to writing, approved & ordered to be recorded
And thereupon on motion of Philena Smith & Hiram
P. Smith the executors in said will named, it is ordered
that letters testamentary be granted them upon their
entering into bonds in the sum of $2000.00? with
Sylvester Latimer & Abraham Williams as security.
And it is further ordered that Samuel Maxwell, James
Farris & Jonathan Nafus appraise the personal property
of said estate. In the name of the benevolent
father of all I Josiah M. Smith being in perfect sound-
ness of mind do this eighth day of July AD 1840 make &
publish this my last will & testament. First, It is my
will that all my just & lawfull debts be paid. Secondly
I give my beloved wife Philena one half of all my
personal property, except the Household Furniture, which
I give to her entire. Also I bequeath to her the use of one
half of my real estate while she remains my widow. But
in case she shall marry then it is my will that my real
estate entire shall be shared by my children as hereinafter
provided. If however after marriage she shall in the
providence of God become reduced to necessitous circum-
stances, then and in that case it is my will that she
shall receive so much of the avails of my estate as shall
be sufficient to keep her in comfortable circumstances
Third It is my will that my son Hiram P. Smith
shall have the following described Lot of Land being
in the County of Delaware & State of Ohio to-wit, Beg-
inning at the South east corner of the third quarter of
the Fifth Township & eighteenth range of the United
States Military Lands in Ohio, thence running north
one hundred & twenty rods to a Honey locust stump
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 156)
Description
[page 156]
[corresponds to labeled page 111 of Will Records Vol. 2 - 1835-1850]
111
thence west four hundred rods, to a line run by Joseph
Vance as the centre of said Section, thence South, one hundred
& twenty rods to the South line of said Section, thence East
four hundred rods to the place of beginning containing by
estimation three hundred acres be the same more or less,
to his own proper use & benefit. Fourth, It is my will that
my daughter, Henrietta J. Sturdevant shall have the following
described property. viz. a lot of land in the County & State
aforesaid, beginning at an ash stump at the south east
corner of land owned by Abraham Williams, thence
running East thirty-four rods and fifteen & a half links
thence North two hundred & sixty-six rods, thence west
thirty-two rods, thence South two hundred & sixty-six rods
to the place of beginning containing by estimation, Fifty
six acres and ninety-one hundreths of an acre, be the same
more or less. Also the following tract of land lying & being
in the same County & State, to wit, Lot number fourteen in
Range Nineteen, Township Five & Section three, United
States Military Lands, estimated to contain one hundred
& sixty two acres, be the same more of less. It being the
same tract of land, deeded to Thomas Petibone as the
property of Moses Byxbe by S Finch Master Commissioner
to which deed reference is made for greater certainty, to
her own proper use and benefit. Fifth, In case the title
to either of the before mentioned tracts of land shall fail it
is my will that my said heirs shall bear the loss equally.
Also that they shall share equally the remainder of my
personal property, after my widow shall have received
her share. Sixth I nominate and appoint my son Hiram
P. Smith and my beloved wife Philena Smith Executors of
this my last will and testament hereby empowering them
to adjust & discharge in such manner as they may deem
proper the debts & claims due me, and to sell if it shall
become necessary in order to pay my debts by private
sale or otherwise all or any part of my real estate and
deeds to purchasers to execute acknowledge and deliver
in fee simple. Seventh The bequests to my beloved wife
are in lieu of her right of Dower. In testimony
whereof I have hereunto set my hand & seal this eighth
day of July in the year of our Lord 1840
his
Josiah M x Smith {seal]
mark
[corresponds to labeled page 111 of Will Records Vol. 2 - 1835-1850]
111
thence west four hundred rods, to a line run by Joseph
Vance as the centre of said Section, thence South, one hundred
& twenty rods to the South line of said Section, thence East
four hundred rods to the place of beginning containing by
estimation three hundred acres be the same more or less,
to his own proper use & benefit. Fourth, It is my will that
my daughter, Henrietta J. Sturdevant shall have the following
described property. viz. a lot of land in the County & State
aforesaid, beginning at an ash stump at the south east
corner of land owned by Abraham Williams, thence
running East thirty-four rods and fifteen & a half links
thence North two hundred & sixty-six rods, thence west
thirty-two rods, thence South two hundred & sixty-six rods
to the place of beginning containing by estimation, Fifty
six acres and ninety-one hundreths of an acre, be the same
more or less. Also the following tract of land lying & being
in the same County & State, to wit, Lot number fourteen in
Range Nineteen, Township Five & Section three, United
States Military Lands, estimated to contain one hundred
& sixty two acres, be the same more of less. It being the
same tract of land, deeded to Thomas Petibone as the
property of Moses Byxbe by S Finch Master Commissioner
to which deed reference is made for greater certainty, to
her own proper use and benefit. Fifth, In case the title
to either of the before mentioned tracts of land shall fail it
is my will that my said heirs shall bear the loss equally.
Also that they shall share equally the remainder of my
personal property, after my widow shall have received
her share. Sixth I nominate and appoint my son Hiram
P. Smith and my beloved wife Philena Smith Executors of
this my last will and testament hereby empowering them
to adjust & discharge in such manner as they may deem
proper the debts & claims due me, and to sell if it shall
become necessary in order to pay my debts by private
sale or otherwise all or any part of my real estate and
deeds to purchasers to execute acknowledge and deliver
in fee simple. Seventh The bequests to my beloved wife
are in lieu of her right of Dower. In testimony
whereof I have hereunto set my hand & seal this eighth
day of July in the year of our Lord 1840
his
Josiah M x Smith {seal]
mark
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 157)
Description
[page 157]
[corresponds to labeled page 112 of Will Records Vol. 2 - 1835-1850]
112
Signed & acknowledged by said Josiah M. Smith as his last
will & testament in our presence & signed by us in his
presence. Seth H. Allen, Abm Williams, Saml Maxwell ~
Common Pleas September Term 1840.
Abraham Williams & Seth H. Allen being first duly
sworn on their oath say that they were present when
Josiah M. Smith decd executed his last will & testament
which is herewith presented to the Court, that they saw
him sign the will, that they were present when it was
executed by said Josiah M Smith that he called on them
to witness it, that they subscribed it as witnesses in his
presence & that he the testator was at the time of sound
& disposing mind & memory & under no restraint &
further say not. Abm. Williams
Seth H. Allen
Subscribed & sworn to in open Court, September Term
AD 1840 ~ Attest. WD Heim Clerk
Recorded the foregoing Will &c Sept 24th 1840
Attest. WD Heim Clerk ~
Pleas held at the Court House in Delaware on the 15th
day of September AD 1840 before John Brundige, John
Lugenbeel & Ahab Jinks Esqr the Associates Judges of
the Court of Common Pleas in & for the County of
Delaware & State of Ohio.
This day the last will & testament of Jacob Hurlbut
decd was produced in open Court & proved by the
testimony of two of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded.
To Whom these shall come Know
ye that I Jacob Hurlbut of Orange township
Delaware County & State of Ohio do make & ordain
this my last will and testament in manner and form
following viz. I give and bequeath to all my lawful
heirs one dollar each out of my estate, also giving
my widow the remainder of personal & real estate
for her support and the support of her small children
so long as she shall remain my widow. 2nd, My will
is that all my just debts and charges be paid and
[corresponds to labeled page 112 of Will Records Vol. 2 - 1835-1850]
112
Signed & acknowledged by said Josiah M. Smith as his last
will & testament in our presence & signed by us in his
presence. Seth H. Allen, Abm Williams, Saml Maxwell ~
Common Pleas September Term 1840.
Abraham Williams & Seth H. Allen being first duly
sworn on their oath say that they were present when
Josiah M. Smith decd executed his last will & testament
which is herewith presented to the Court, that they saw
him sign the will, that they were present when it was
executed by said Josiah M Smith that he called on them
to witness it, that they subscribed it as witnesses in his
presence & that he the testator was at the time of sound
& disposing mind & memory & under no restraint &
further say not. Abm. Williams
Seth H. Allen
Subscribed & sworn to in open Court, September Term
AD 1840 ~ Attest. WD Heim Clerk
Recorded the foregoing Will &c Sept 24th 1840
Attest. WD Heim Clerk ~
Pleas held at the Court House in Delaware on the 15th
day of September AD 1840 before John Brundige, John
Lugenbeel & Ahab Jinks Esqr the Associates Judges of
the Court of Common Pleas in & for the County of
Delaware & State of Ohio.
This day the last will & testament of Jacob Hurlbut
decd was produced in open Court & proved by the
testimony of two of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded.
To Whom these shall come Know
ye that I Jacob Hurlbut of Orange township
Delaware County & State of Ohio do make & ordain
this my last will and testament in manner and form
following viz. I give and bequeath to all my lawful
heirs one dollar each out of my estate, also giving
my widow the remainder of personal & real estate
for her support and the support of her small children
so long as she shall remain my widow. 2nd, My will
is that all my just debts and charges be paid and
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 158)
Description
[page 158]
[corresponds to labeled page 113 of Will Records Vol. 2 - 1835-1850]
113
further I nominate constitute and appoint ____ ____
to be sole executor of this my last will & testament hereby
revoking all other and former wills by me at any time
heretofore made. In witness whereof I have hereunto
set my hand & seal this 13th day of April AD 1840.
his
Jacob X Hurlbut {seal}
mark
Signed sealed published and declared by the said tes-
tator Jacob x [his mark] Hurlbut as & for his last will & testament
in the presence of us who have subscribed our names as
witnesses thereto in the presence of the said testator
David S. Fancher, Howard Harris, Chester Campbell ~
I publish and declare this to be my last will and
testament. Attest ~
Chester Campbell, David S. Fancher, Howard Harris ~
The State of Ohio Delaware County; Ss
In the Court of Common Pleas September Term 1840 ~
Chester Campbell and Howard Harris appeared in open
Court and being duly sworn upon their oaths say that
the paper now here produced in open Court purporting
to be the last will & testament of Jacob Hurlbut
bearing date the 13th day of April AD 1840 was by
the said Jacob Hurlbut on the day of the date thereof
at his residence in Orange Township in the said County
published & declared as his last will & testament. That
he the said Jacob then & there in our presence signed
& sealed the same as his said will with his mark and
we then & there in his presence at his request & in the
presence of each other signed our names thereto as
witnesses. That the said Jacob Hurlbut was then about
seventy years of age of sound mind & memory & not
acting under any restraint and further say not.
Chester Campbell
Howard harris ~
Subscribed & sworn to in open Court September Term AD.
1840. Attest. WD Heim Clerk ~
Recorded the foregoing Will &d Sept 24 1840
WD Heim Clerk ~
[corresponds to labeled page 113 of Will Records Vol. 2 - 1835-1850]
113
further I nominate constitute and appoint ____ ____
to be sole executor of this my last will & testament hereby
revoking all other and former wills by me at any time
heretofore made. In witness whereof I have hereunto
set my hand & seal this 13th day of April AD 1840.
his
Jacob X Hurlbut {seal}
mark
Signed sealed published and declared by the said tes-
tator Jacob x [his mark] Hurlbut as & for his last will & testament
in the presence of us who have subscribed our names as
witnesses thereto in the presence of the said testator
David S. Fancher, Howard Harris, Chester Campbell ~
I publish and declare this to be my last will and
testament. Attest ~
Chester Campbell, David S. Fancher, Howard Harris ~
The State of Ohio Delaware County; Ss
In the Court of Common Pleas September Term 1840 ~
Chester Campbell and Howard Harris appeared in open
Court and being duly sworn upon their oaths say that
the paper now here produced in open Court purporting
to be the last will & testament of Jacob Hurlbut
bearing date the 13th day of April AD 1840 was by
the said Jacob Hurlbut on the day of the date thereof
at his residence in Orange Township in the said County
published & declared as his last will & testament. That
he the said Jacob then & there in our presence signed
& sealed the same as his said will with his mark and
we then & there in his presence at his request & in the
presence of each other signed our names thereto as
witnesses. That the said Jacob Hurlbut was then about
seventy years of age of sound mind & memory & not
acting under any restraint and further say not.
Chester Campbell
Howard harris ~
Subscribed & sworn to in open Court September Term AD.
1840. Attest. WD Heim Clerk ~
Recorded the foregoing Will &d Sept 24 1840
WD Heim Clerk ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 159)
Description
[page 159]
[corresponds to labeled page 114 of Will Records Vol. 2 - 1835-1850]
114
Pleas held at the Court House in Delaware on the
15th day of September AD 1840 before the Honorable John
Brundige, John Lugenbeel & Ahab Jinks Esqr Associate
Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
On motion of Wm Powell on behalf of the executors
ordered that the authenticated Copy of the last will &
testament of William Croghan decd now produced in
open Court proved according to the Laws of the State
of Kentucky & having relation to property in this
State & County be admitted to record among the record
of Wills of this County.
I William Croghan of Jefferson County State of
Kentucky, do make and ordain the following as my
last will & testament. I give to my much beloved wife
Lucy during her life time the tract of land I at
present live on, with the houses furniture, stock, of horses
cattle, sheep, hogs, farming utensils and all articles apper-
taining to said tract of land also give to her to dispose of an
she may think proper five hundred acres of land on
Clear Creek Shelby County the house at the corner of fifth
& Main Street on Lot No 80 in the town of Louisville and
the house joining and below it on Main Street. It is my
will that my negroes continue under the direction of
my wife and executors until my children are of age, are
married or may require them in which case I wish an
equal distribution of them to take place except of Malin-
-da and her children which I have given to Mrs Emalia
Clark such of my children as have received any of my
negroes will account for them and allow their valuation
when a distribution takes place. I give to my son John
the following tracts of Military land in this State, to wit,
1536 2/3 acres on Russills Creek Adair County / the patent
is for 2666 2/3 acres, 1130 acres of the 2666 2/3 acres is to be
conveyed to the person having an assignment from
me for it/ Two surveys of 1000 acres each laying on
the waters of Russills Creek & Cabin fork of said Creek
in Adair County, one of which is patented to me the 19th
March 1788. the other the 11th January 1790 two other
surveys on waters of said Creek containing Two hundred
[corresponds to labeled page 114 of Will Records Vol. 2 - 1835-1850]
114
Pleas held at the Court House in Delaware on the
15th day of September AD 1840 before the Honorable John
Brundige, John Lugenbeel & Ahab Jinks Esqr Associate
Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
On motion of Wm Powell on behalf of the executors
ordered that the authenticated Copy of the last will &
testament of William Croghan decd now produced in
open Court proved according to the Laws of the State
of Kentucky & having relation to property in this
State & County be admitted to record among the record
of Wills of this County.
I William Croghan of Jefferson County State of
Kentucky, do make and ordain the following as my
last will & testament. I give to my much beloved wife
Lucy during her life time the tract of land I at
present live on, with the houses furniture, stock, of horses
cattle, sheep, hogs, farming utensils and all articles apper-
taining to said tract of land also give to her to dispose of an
she may think proper five hundred acres of land on
Clear Creek Shelby County the house at the corner of fifth
& Main Street on Lot No 80 in the town of Louisville and
the house joining and below it on Main Street. It is my
will that my negroes continue under the direction of
my wife and executors until my children are of age, are
married or may require them in which case I wish an
equal distribution of them to take place except of Malin-
-da and her children which I have given to Mrs Emalia
Clark such of my children as have received any of my
negroes will account for them and allow their valuation
when a distribution takes place. I give to my son John
the following tracts of Military land in this State, to wit,
1536 2/3 acres on Russills Creek Adair County / the patent
is for 2666 2/3 acres, 1130 acres of the 2666 2/3 acres is to be
conveyed to the person having an assignment from
me for it/ Two surveys of 1000 acres each laying on
the waters of Russills Creek & Cabin fork of said Creek
in Adair County, one of which is patented to me the 19th
March 1788. the other the 11th January 1790 two other
surveys on waters of said Creek containing Two hundred
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 160)
Description
[page 160]
[corresponds to labeled page 115 of Will Records Vol. 2 - 1835-1850]
115
acres each patented to me the 24th May 1792, 413 acres on
Cumberland River Adair County patented to me September
13th 1791, 800 acres + Cumberland River in Cumberland
County including a salt Lick patented to me 31st Novem
1799 ~ 1300 acres on waters of Paint Creek State of Ohio
Known by No. 877 patented to me by the Present of the
United States May 2 1801 ~ 500 acres Illinois Grants
Clark County Indiana, Known by No. 206 (two hun-
dred & six) the half acre lot No 280 in the Town of Louis-
ville. The three story brick house on Main Street on lot
No. 80 being the 3rd house below 5th Street including
Kitchen & about 100 feet back to the south west corner of
the Bank Lot, thence westwardly parrallel to Main Street
nineteen feet thence northerly through the alley to the
Street which alley is for the use of said lot and the Lot
joining and below it. Item I give to my sons John and
William that part of my lot in Louisville No. 8 on 5th Street
which lays between that part of said lot owned by the
Bank of Kentucky & the South line of said Lot No 80
joining Alexander Popes lot thence westwardly with
the line of said Pope's lot & the Bank lot 105 feet to the
Western Boundary of the lot. In addition to the property
I have heretofore given to my son George I give him
700 acres about one htird of my tract of land on the
West fork of Red River Christian County. * I also give to
him 750 acres of land I own near Xenia State of Ohio
984 acres & 100 acres joining it on Skeggs Beaver Creek
Barren County, Kentucky, 344 acres Illinois Grant
Indiana known by No. 106 & 200 acres No 44. In addition
to the property I have heretofore given to my son
William I give to him one third part of the land I own
on the West Fork of Red River Christian County sup
-posed to be about 700 acres, 500 acres on Cumberland
River Livingston County patented to me March 21st
1797. - 805 acres near Cumberland River Christian
County patented to me the 19th March 1788 ~ 600 &
620 acres on Cumberland River Caldwell County each
of them patented to me April 13th 1787 ~ 666 2/3 acres
Cumberland River Livingston County conveyed to me
by Rich Thockmorton June 8th 1799 ~ 1140 acres on
[corresponds to labeled page 115 of Will Records Vol. 2 - 1835-1850]
115
acres each patented to me the 24th May 1792, 413 acres on
Cumberland River Adair County patented to me September
13th 1791, 800 acres + Cumberland River in Cumberland
County including a salt Lick patented to me 31st Novem
1799 ~ 1300 acres on waters of Paint Creek State of Ohio
Known by No. 877 patented to me by the Present of the
United States May 2 1801 ~ 500 acres Illinois Grants
Clark County Indiana, Known by No. 206 (two hun-
dred & six) the half acre lot No 280 in the Town of Louis-
ville. The three story brick house on Main Street on lot
No. 80 being the 3rd house below 5th Street including
Kitchen & about 100 feet back to the south west corner of
the Bank Lot, thence westwardly parrallel to Main Street
nineteen feet thence northerly through the alley to the
Street which alley is for the use of said lot and the Lot
joining and below it. Item I give to my sons John and
William that part of my lot in Louisville No. 8 on 5th Street
which lays between that part of said lot owned by the
Bank of Kentucky & the South line of said Lot No 80
joining Alexander Popes lot thence westwardly with
the line of said Pope's lot & the Bank lot 105 feet to the
Western Boundary of the lot. In addition to the property
I have heretofore given to my son George I give him
700 acres about one htird of my tract of land on the
West fork of Red River Christian County. * I also give to
him 750 acres of land I own near Xenia State of Ohio
984 acres & 100 acres joining it on Skeggs Beaver Creek
Barren County, Kentucky, 344 acres Illinois Grant
Indiana known by No. 106 & 200 acres No 44. In addition
to the property I have heretofore given to my son
William I give to him one third part of the land I own
on the West Fork of Red River Christian County sup
-posed to be about 700 acres, 500 acres on Cumberland
River Livingston County patented to me March 21st
1797. - 805 acres near Cumberland River Christian
County patented to me the 19th March 1788 ~ 600 &
620 acres on Cumberland River Caldwell County each
of them patented to me April 13th 1787 ~ 666 2/3 acres
Cumberland River Livingston County conveyed to me
by Rich Thockmorton June 8th 1799 ~ 1140 acres on
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 161)
Description
[page 161]
[corresponds to labeled page 116 of Will Records Vol. 2 - 1835-1850]
116
Tennessee river Livingston County patented to me April
13th 1787. The first Island in the Ohio called Cash Island &
two islands at and below the mouth of Cumberland River ~
500 acres in the Illinois Grant No = 50 Clark County Indiana
& 300 acres said Grant part of the 500 acres No. 68 ~ 592 cares
on the waters of Darbys Creek State of Ohio No. 6297 paten-
ted to me by the President of the United States. The half
acre lot No. 279 in the town of Louisville. Item it is my
will and desire that the farm I now live on including
400 acres with the houses furniture and all articles belonging
to the house and farm should on the death of my wife
Lucy desolve & belong to my son William = the 400 acres
to be bounded on the South and west by the muddy
Fork & Mr Bullitts land and on the south east by lines
of Terrell & Taylors land. I give to my daughter Anna H.
1000 acres of land on Peters Creek Barren County paten-
ted to me May 16th 1793 ~ 1000 on said Creek patented to
me July 30 1798 = 2200 on said Creek patented to me July
25th 1798, two tracts of 500 acres each on said Creek paten-
ted to me May 16th 1793 ~ 900 acres on said Creek patented
to me July 25th 1798 ~ 1000 on Big Barren river patented to
me June 28th 1799 ~ 416 on Big Barren River patented to me
Nov 21st 1799 = 612 acres on Big Barren River, part of a tract
of 1233 1/3 acres patented to William Croghan & Abraham
Chapline, 358 acres on Indian Creek, Barren County
patented to me June 6th 1798. Two tracts of land of 500
acres each in the Illinois Grant Clark County Indiana
to wit: Nos 128 & 267 - 400 acres & 174 acres of Military land
in the State of Ohio patented to me by the President of
the United States, and 384 acres part of 950 acres, also
patented to me by the President of the United States x
The lot of land which lays north of the 5 acre lot No 6
and between said five acre lot and the half acre lots in
the town of Louisville. I do hereby give to my daughter
Eliza C. the following tracts of Military land 700 acres
in Cumberland River Cumberland County patented to
me November 29th 1794 ~ 1333 1/3 acres on said river & County
patented to me August 13th 1798 ~ 422 acres said river & County
patented to me May 13th 1801 ~ 444 acres said river and
County patented to me November 21st 1799 ~ 1000 acres
[corresponds to labeled page 116 of Will Records Vol. 2 - 1835-1850]
116
Tennessee river Livingston County patented to me April
13th 1787. The first Island in the Ohio called Cash Island &
two islands at and below the mouth of Cumberland River ~
500 acres in the Illinois Grant No = 50 Clark County Indiana
& 300 acres said Grant part of the 500 acres No. 68 ~ 592 cares
on the waters of Darbys Creek State of Ohio No. 6297 paten-
ted to me by the President of the United States. The half
acre lot No. 279 in the town of Louisville. Item it is my
will and desire that the farm I now live on including
400 acres with the houses furniture and all articles belonging
to the house and farm should on the death of my wife
Lucy desolve & belong to my son William = the 400 acres
to be bounded on the South and west by the muddy
Fork & Mr Bullitts land and on the south east by lines
of Terrell & Taylors land. I give to my daughter Anna H.
1000 acres of land on Peters Creek Barren County paten-
ted to me May 16th 1793 ~ 1000 on said Creek patented to
me July 30 1798 = 2200 on said Creek patented to me July
25th 1798, two tracts of 500 acres each on said Creek paten-
ted to me May 16th 1793 ~ 900 acres on said Creek patented
to me July 25th 1798 ~ 1000 on Big Barren river patented to
me June 28th 1799 ~ 416 on Big Barren River patented to me
Nov 21st 1799 = 612 acres on Big Barren River, part of a tract
of 1233 1/3 acres patented to William Croghan & Abraham
Chapline, 358 acres on Indian Creek, Barren County
patented to me June 6th 1798. Two tracts of land of 500
acres each in the Illinois Grant Clark County Indiana
to wit: Nos 128 & 267 - 400 acres & 174 acres of Military land
in the State of Ohio patented to me by the President of
the United States, and 384 acres part of 950 acres, also
patented to me by the President of the United States x
The lot of land which lays north of the 5 acre lot No 6
and between said five acre lot and the half acre lots in
the town of Louisville. I do hereby give to my daughter
Eliza C. the following tracts of Military land 700 acres
in Cumberland River Cumberland County patented to
me November 29th 1794 ~ 1333 1/3 acres on said river & County
patented to me August 13th 1798 ~ 422 acres said river & County
patented to me May 13th 1801 ~ 444 acres said river and
County patented to me November 21st 1799 ~ 1000 acres
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 162)
Description
[page 162]
[corresponds to labeled page 117 of Will Records Vol. 2 - 1835-1850]
117
head of little Barren, Barren County patented to me November
29th 1794 = 851 acres Glover's Creek a branch of Skeggs Creek part
of 2000 acres patented to me July 3d 1796 ~ 652 acres falling
timber or creek patented to me for 500 acres May 13th 1801 =
268 acres Glovers Creek patented to me for 338 1/3 acres the
13th August 1798 ~ 400 acres part of 666 2/3 acres on Skeggs
Beaver Creek patented to me the 13th of August 1798 ~ Two
tracts of land of 500 acres each in the Illinois Grant Clark
County Indiana Known by No 33 & 225 ~ The lot of land
which lays north of the 5 acre Lot No 5 and between said
5 acre lot and the half acre lots in the town of Louisville
I do hereby give to my son Nicholas the following tracts
of Military land 562 acres on Branches of Cumberland
& Little Barrow River patented to me May 24th 1792 ~ 830 acres
conveyed to me May 16th 1793 laying on Little Barren river
Barren County 460 do. do. patented to me July 3d 1796
two tracts of 200 acres each on said waters one of them
patented to me July 3d 1796 the other deeded to me
November 29th 1794 ~ 125 acres including horse shoe Bend
on little Barren River patented to me December 17th 1798~
540 acres including the Elk Lick near mouth of little
Barren river patented to me May 16th 1793 ~ 1250 acres on
Baysfork of Big Barren river Warren County patented to
me Sept 10th 1793, 350 acres on Big Barren river Warren
County patented to me November 29th 1794 ~ 480 & 483 acres
joining & below the last 350 acres on Big Barren River each
of them were patented to me the 16th of May 1793 = 100 acres
& 92 acres joining the last 3 Tracts conveyed to me by
Benjamin Hampton ~ 900 acres including Hog or Sycamore
Spring waters of Drakes Creek patented to me July 3d
1794 ~ 200 acres land Illinois Grant Clark County Indiana
part of No 171 ~ 100 acres part of No 281 ~ 300 acres part of 500
acres No 195 & 100 acres part of the 500 acre survey ~ Nov 30
The Three Story Brick House at the West End of lot No 80
on Main Street joining Martin & Ames's lot No 79 thence
from the Main Street Southward by with the line of lot
W 79 about 100 feet or so far that a line running
[corresponds to labeled page 117 of Will Records Vol. 2 - 1835-1850]
117
head of little Barren, Barren County patented to me November
29th 1794 = 851 acres Glover's Creek a branch of Skeggs Creek part
of 2000 acres patented to me July 3d 1796 ~ 652 acres falling
timber or creek patented to me for 500 acres May 13th 1801 =
268 acres Glovers Creek patented to me for 338 1/3 acres the
13th August 1798 ~ 400 acres part of 666 2/3 acres on Skeggs
Beaver Creek patented to me the 13th of August 1798 ~ Two
tracts of land of 500 acres each in the Illinois Grant Clark
County Indiana Known by No 33 & 225 ~ The lot of land
which lays north of the 5 acre Lot No 5 and between said
5 acre lot and the half acre lots in the town of Louisville
I do hereby give to my son Nicholas the following tracts
of Military land 562 acres on Branches of Cumberland
& Little Barrow River patented to me May 24th 1792 ~ 830 acres
conveyed to me May 16th 1793 laying on Little Barren river
Barren County 460 do. do. patented to me July 3d 1796
two tracts of 200 acres each on said waters one of them
patented to me July 3d 1796 the other deeded to me
November 29th 1794 ~ 125 acres including horse shoe Bend
on little Barren River patented to me December 17th 1798~
540 acres including the Elk Lick near mouth of little
Barren river patented to me May 16th 1793 ~ 1250 acres on
Baysfork of Big Barren river Warren County patented to
me Sept 10th 1793, 350 acres on Big Barren river Warren
County patented to me November 29th 1794 ~ 480 & 483 acres
joining & below the last 350 acres on Big Barren River each
of them were patented to me the 16th of May 1793 = 100 acres
& 92 acres joining the last 3 Tracts conveyed to me by
Benjamin Hampton ~ 900 acres including Hog or Sycamore
Spring waters of Drakes Creek patented to me July 3d
1794 ~ 200 acres land Illinois Grant Clark County Indiana
part of No 171 ~ 100 acres part of No 281 ~ 300 acres part of 500
acres No 195 & 100 acres part of the 500 acre survey ~ Nov 30
The Three Story Brick House at the West End of lot No 80
on Main Street joining Martin & Ames's lot No 79 thence
from the Main Street Southward by with the line of lot
W 79 about 100 feet or so far that a line running
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 163)
Description
[page 163]
[corresponds to labeled page 118 of Will Records Vol. 2 - 1835-1850]
118
parrallel with the Street shall strike the south west corner
of the Lot owned by the Bank of Kentucky thence from
the lot No 79 eastwardly 19 feet, thence Northerly through
the alley to the Street including the Kitchen &c = Item,
I also give to my son Nicholas 300 acres of land on and
near the Bank of the River Ohio about 5 miles above Louisville
to run from the River with the lines of Terrell & Bullitts land
so far as to include the quantity & not to interfere with the
cleared land belonging to the farm which I have given
my son William = I do hereby give to my son Charles
the following tracts of military land, two tracts on Drakes
Creek, joining where the line dividing the Virginia State of
Continental land crosses the Creek in Warren County, one
tract of 400 acres the other 600 each of those patents are
dated the 29th November 1794 ~ 666 2/3 cares in the forks of
Drakes Creeks patented to me the 13th Sept 1797 = 100 acres
West Fork of Drakes Creek patented to me the 31st Novemb
1799 ~ 100 acres including the War Post Lick patented to me
July 12th 1796 ~ 600 acres on Whipperwill Creek Todd County
166 2/3 acres on north fork of Red River Logan County part
of 888 acres conveyed to me by Jese Muse - 666 2/3 acres on
Carny Creek of Pond river Muhlenburgh County patented
to me December 17th 1798, two tracts of 600 each on Pond
River and its waters the patents for those two surveys are
dated the 13th of May 1801 ~ 400 acres on Cypress Creek
a branch of Pond River in Muhlenburg County patented
to me March 75h 1799 ~ 125 acres on Long Creek Muhlenberg
County patented to me September 10th 1793 ~ 316 acres on
waters of Little River Christian County patented to John
Hughes Sept 23d 1795 & conveyed to me by him October
1809 ~ 195 acres on Little River Christian County including
Iron ore patented to me Nov 31st 1799 - 300 acres including
Sand Lick on Trade water Christian County patented
to me March 7th 1799 ~ 888 2/3 acres on Trade Water River
near the line dividing Livingston & Caldwell Counties
patented to me February 26th 1786 ~ 500 acres near
Henderson's Lower line in Henderson County there are
three patents to me for it tow of them are for 200 acres
each one of them dated the 26th of April 1792, the other
the 3d July 1796, the other for 100 acres in dated the
[corresponds to labeled page 118 of Will Records Vol. 2 - 1835-1850]
118
parrallel with the Street shall strike the south west corner
of the Lot owned by the Bank of Kentucky thence from
the lot No 79 eastwardly 19 feet, thence Northerly through
the alley to the Street including the Kitchen &c = Item,
I also give to my son Nicholas 300 acres of land on and
near the Bank of the River Ohio about 5 miles above Louisville
to run from the River with the lines of Terrell & Bullitts land
so far as to include the quantity & not to interfere with the
cleared land belonging to the farm which I have given
my son William = I do hereby give to my son Charles
the following tracts of military land, two tracts on Drakes
Creek, joining where the line dividing the Virginia State of
Continental land crosses the Creek in Warren County, one
tract of 400 acres the other 600 each of those patents are
dated the 29th November 1794 ~ 666 2/3 cares in the forks of
Drakes Creeks patented to me the 13th Sept 1797 = 100 acres
West Fork of Drakes Creek patented to me the 31st Novemb
1799 ~ 100 acres including the War Post Lick patented to me
July 12th 1796 ~ 600 acres on Whipperwill Creek Todd County
166 2/3 acres on north fork of Red River Logan County part
of 888 acres conveyed to me by Jese Muse - 666 2/3 acres on
Carny Creek of Pond river Muhlenburgh County patented
to me December 17th 1798, two tracts of 600 each on Pond
River and its waters the patents for those two surveys are
dated the 13th of May 1801 ~ 400 acres on Cypress Creek
a branch of Pond River in Muhlenburg County patented
to me March 75h 1799 ~ 125 acres on Long Creek Muhlenberg
County patented to me September 10th 1793 ~ 316 acres on
waters of Little River Christian County patented to John
Hughes Sept 23d 1795 & conveyed to me by him October
1809 ~ 195 acres on Little River Christian County including
Iron ore patented to me Nov 31st 1799 - 300 acres including
Sand Lick on Trade water Christian County patented
to me March 7th 1799 ~ 888 2/3 acres on Trade Water River
near the line dividing Livingston & Caldwell Counties
patented to me February 26th 1786 ~ 500 acres near
Henderson's Lower line in Henderson County there are
three patents to me for it tow of them are for 200 acres
each one of them dated the 26th of April 1792, the other
the 3d July 1796, the other for 100 acres in dated the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 164)
Description
[page 164]
[corresponds to labeled page 119 of Will Records Vol. 2 - 1835-1850]
119
26th of April 1792, 100 acres at the mouth of Mayfield Creek
500 acres land Illinois Grant, No. 233 Clark County Indiana
a 234 acres part of the 500 acres No 148 & 100 part of the 500
acre survey No 116 in said Grant. The half acre lot in the
Town of Louisville No 75 and the two story Brick house in
said Town on Lot No 80 on Fifth Street leased to Mr Crane.
Also the half acre lot No 126 in said town ~ It is my will
that no demand be made of my nephew Nicholas
Clark of any money he stands indebted to me. But on
the contrary I do hereby give to him ten shares of the
Bank Stock I own in the Bank of Kentucky and
Michael Paraults location or entry No. 518 of 1000 acres
on Mafield Creek made August 12th 1784 & conveyed to me
September 1812. Item, give to Mrs. Emelia Clark, Malinda
a mulatto woman and her child or children who have
been living with her several years. Item I give to William
Clarke, son of the above Nicholas Clarke five shares of the
Bank Stock I own in the Bank of Kentucky / Item it
is my will that all Bonds or other securities to me for
the payment of money or money on hand be appropria-
ted to the support and education of my children and the
payment of any just claim that may appear against
me and that all my property of every description not
disposed of by this will be equally divided between
my wife Lucy and my children. I do hereby nominate
my truly beloved wife Lucy and my sons John, George,
William, Nicholas & Charles executors of this my last
will and testament hereby revoking any will heretofore
made by me. In testimony whereof I have hereunto
set my hand and seal this 27th day of Agust 1822.
Wm Crogham {seal}
State of Kentucky ~ At a County Court held
for Jefferson County in the State aforesaid at the Court
house in Louisville on the Twelfth day of May one
thousand eight hundred & twenty three, the within &
foregoing instrument of writing was produced in Court &
proved to be in the hand writing of and wholly written
by William Croghan, the testator by the oaths of
Charles M. Thurston, Fortunatus Cosby & Worden Pope
and thereupon the same was established to be the
[corresponds to labeled page 119 of Will Records Vol. 2 - 1835-1850]
119
26th of April 1792, 100 acres at the mouth of Mayfield Creek
500 acres land Illinois Grant, No. 233 Clark County Indiana
a 234 acres part of the 500 acres No 148 & 100 part of the 500
acre survey No 116 in said Grant. The half acre lot in the
Town of Louisville No 75 and the two story Brick house in
said Town on Lot No 80 on Fifth Street leased to Mr Crane.
Also the half acre lot No 126 in said town ~ It is my will
that no demand be made of my nephew Nicholas
Clark of any money he stands indebted to me. But on
the contrary I do hereby give to him ten shares of the
Bank Stock I own in the Bank of Kentucky and
Michael Paraults location or entry No. 518 of 1000 acres
on Mafield Creek made August 12th 1784 & conveyed to me
September 1812. Item, give to Mrs. Emelia Clark, Malinda
a mulatto woman and her child or children who have
been living with her several years. Item I give to William
Clarke, son of the above Nicholas Clarke five shares of the
Bank Stock I own in the Bank of Kentucky / Item it
is my will that all Bonds or other securities to me for
the payment of money or money on hand be appropria-
ted to the support and education of my children and the
payment of any just claim that may appear against
me and that all my property of every description not
disposed of by this will be equally divided between
my wife Lucy and my children. I do hereby nominate
my truly beloved wife Lucy and my sons John, George,
William, Nicholas & Charles executors of this my last
will and testament hereby revoking any will heretofore
made by me. In testimony whereof I have hereunto
set my hand and seal this 27th day of Agust 1822.
Wm Crogham {seal}
State of Kentucky ~ At a County Court held
for Jefferson County in the State aforesaid at the Court
house in Louisville on the Twelfth day of May one
thousand eight hundred & twenty three, the within &
foregoing instrument of writing was produced in Court &
proved to be in the hand writing of and wholly written
by William Croghan, the testator by the oaths of
Charles M. Thurston, Fortunatus Cosby & Worden Pope
and thereupon the same was established to be the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 165)
Description
[page 165]
[corresponds to labeled page 120 of Will Records Vol. 2 - 1835-1850]
120
last will and testament of the said William Croghan
and ordered to be recorded and is recorded.
Teste ~ Worden Pope Clerk
{seal} In testimony whereof and that the foregoing
is truly copied from the records in my office
I Currant Pope Clerk of said Court have hereto set my
hand & the seal of said County this 11th day of August 1840
& in the 49th year of the Commonwealth ~
Curran Pope
I Samuel Churchill Senior Justice or presiding Judge
of the County Court of Jefferson County do certify that
Curran Pope who has signed the foregoing certificate is
& was at the date thereof Clerk of said Court duly sworn
& qualified and that full faith & credit are due to his
official acts. Given under my hand & seal this
26th day of August 1640 ~
Samuel Churchill {seal}
Recorded the foregoing authenticated Copy of Will &c
Sept 25th 1840.
Attest. WD Heim Clerk
Pleas held at the Court House in Delaware on the 16th day
of September AD 1840 before John Brundige, John Lugenbeel
& Ahab Jinks Esqr Associate Judges of the Court of Com-
mon Pleas in & for the County of Delaware in the State
of Ohio. On motion of Mr. Powell on behalf of
the Executors, ordered that the authenticated copy of the last
will & testament of Ralph Cowgill decd now produced
in open Court, proved according to the laws of this State in
Belmont County & having relation to property in this County
be admitted to record among the record of Wills of this
County ~ I Ralph Cowgill of Belmont
County & State of Ohio, being weak in body but of sound
& disposing mind and memory, do make and publish this
my last will & testament in manner & form following
that is to say; First, That my funeral expenses and all
my just debts be fully paid. Second, I give & Bequeath
unto my beloved wife Mary in lieu of her dower all
my household goods and furniture except so much thereof
[corresponds to labeled page 120 of Will Records Vol. 2 - 1835-1850]
120
last will and testament of the said William Croghan
and ordered to be recorded and is recorded.
Teste ~ Worden Pope Clerk
{seal} In testimony whereof and that the foregoing
is truly copied from the records in my office
I Currant Pope Clerk of said Court have hereto set my
hand & the seal of said County this 11th day of August 1840
& in the 49th year of the Commonwealth ~
Curran Pope
I Samuel Churchill Senior Justice or presiding Judge
of the County Court of Jefferson County do certify that
Curran Pope who has signed the foregoing certificate is
& was at the date thereof Clerk of said Court duly sworn
& qualified and that full faith & credit are due to his
official acts. Given under my hand & seal this
26th day of August 1640 ~
Samuel Churchill {seal}
Recorded the foregoing authenticated Copy of Will &c
Sept 25th 1840.
Attest. WD Heim Clerk
Pleas held at the Court House in Delaware on the 16th day
of September AD 1840 before John Brundige, John Lugenbeel
& Ahab Jinks Esqr Associate Judges of the Court of Com-
mon Pleas in & for the County of Delaware in the State
of Ohio. On motion of Mr. Powell on behalf of
the Executors, ordered that the authenticated copy of the last
will & testament of Ralph Cowgill decd now produced
in open Court, proved according to the laws of this State in
Belmont County & having relation to property in this County
be admitted to record among the record of Wills of this
County ~ I Ralph Cowgill of Belmont
County & State of Ohio, being weak in body but of sound
& disposing mind and memory, do make and publish this
my last will & testament in manner & form following
that is to say; First, That my funeral expenses and all
my just debts be fully paid. Second, I give & Bequeath
unto my beloved wife Mary in lieu of her dower all
my household goods and furniture except so much thereof
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 166)
Description
[page 166]
[corresponds to labeled page 121 of Will Records Vol. 2 - 1835-1850]
121
as shall hereafter be otherwise disposed off; and also, all my
live stock except horses, or so much thereof as she may
think proper to take, and that she keep possessions of the
Mantion house, and be entitled to the privalege of pasturage
and feed for three Cows on the farm on which I now reside
and further that she be paid annually the sum of one
hundred and fifty dollars in money, to be paid by my
five sons hereafter named out of their legacies in the
following manner, to wit; one fourth of said sum of $150
to be paid by my son Isaac Cowgill, one fourth by my son
William, one fourth of said sum by my son Jesse, and one
fourth by my other two sons Equilla and Ralph jointly ~
Third. I give and devise to my eldest son Isaac Cowgill
the farm on which he now resides being apart of Section
31 township W 9. Range No 6. so much thereof as 134 acres
supposed to be one fourth of said Section to be taken off
the south side beginning at a point on the east side of a
drain coming off the lands of the widow Gilleland, and
to his heirs and assigns forever ~ Fourth ~ I give and devise
to my second son William Cowgill the farm on which
he now resides, being also a part of the above described
Section, say 134 acres of the same to be taken off the West
part of said Section and to his heirs and assigns forever
Fifth. I give and devise to my third son Aquilla Cowgill
134 acres of land, a part of said Section above described
to taken off said Section East of and adjoining to the
last described division demised to my son William; Also a lot
of land lying in Delaware County State of Ohio being a
part of the east half of section No. 1 Township No. 3
Range No. 16 W S Military lands now particularly des-
cribed as lot No 9 containing 100 acres and to his heirs
and assigns forever. Sixth. I give and devise to my
fourth son Jesse Cowgill the farm purchased from Thomas
Bradshaw being a part of Section No 32 township No 9
of range No 6 containing 115 acres more or less, and to
his heirs and assigns forever. Seventh. I give and devise
to my fifth and youngest son Ralph Cowgill a part
of the farm and the Mansion house in which I now
reside being a part of and embracing all the residue
of said Section 31 not heretofore demised and to his heirs
[corresponds to labeled page 121 of Will Records Vol. 2 - 1835-1850]
121
as shall hereafter be otherwise disposed off; and also, all my
live stock except horses, or so much thereof as she may
think proper to take, and that she keep possessions of the
Mantion house, and be entitled to the privalege of pasturage
and feed for three Cows on the farm on which I now reside
and further that she be paid annually the sum of one
hundred and fifty dollars in money, to be paid by my
five sons hereafter named out of their legacies in the
following manner, to wit; one fourth of said sum of $150
to be paid by my son Isaac Cowgill, one fourth by my son
William, one fourth of said sum by my son Jesse, and one
fourth by my other two sons Equilla and Ralph jointly ~
Third. I give and devise to my eldest son Isaac Cowgill
the farm on which he now resides being apart of Section
31 township W 9. Range No 6. so much thereof as 134 acres
supposed to be one fourth of said Section to be taken off
the south side beginning at a point on the east side of a
drain coming off the lands of the widow Gilleland, and
to his heirs and assigns forever ~ Fourth ~ I give and devise
to my second son William Cowgill the farm on which
he now resides, being also a part of the above described
Section, say 134 acres of the same to be taken off the West
part of said Section and to his heirs and assigns forever
Fifth. I give and devise to my third son Aquilla Cowgill
134 acres of land, a part of said Section above described
to taken off said Section East of and adjoining to the
last described division demised to my son William; Also a lot
of land lying in Delaware County State of Ohio being a
part of the east half of section No. 1 Township No. 3
Range No. 16 W S Military lands now particularly des-
cribed as lot No 9 containing 100 acres and to his heirs
and assigns forever. Sixth. I give and devise to my
fourth son Jesse Cowgill the farm purchased from Thomas
Bradshaw being a part of Section No 32 township No 9
of range No 6 containing 115 acres more or less, and to
his heirs and assigns forever. Seventh. I give and devise
to my fifth and youngest son Ralph Cowgill a part
of the farm and the Mansion house in which I now
reside being a part of and embracing all the residue
of said Section 31 not heretofore demised and to his heirs
Title
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122
and assigns forever; and further I give and bequeath to my
said son Ralph the sum of five hundred dollars to be paid
to him by my executors, so soon as funds can conveniently
be collected for that purpose. The mansion house to remain
in the possession of my widow during her natural life
or in case my son Ralph should marry and stand in need
of a dwelling, then and in that case a part of said house
shall be given up for his use. Eighth. I give and devise
to my four daughters, to wit, Margaret Gilleland, Tamar
Hopper, Sarah Cowgill and Elizabeth Cowgill four quarter
sections of land lying and being in the State of Indiana
the title papers for which have not yet come to hand, to
share and share alike in the same to them and their
heirs & assigns forever. And I further bequeath unto my
two unmarried daughters Sarah and Elizabeth each one
bed and bedding and the sum of three hundred dollars
each in money to be paid to them so soon as collections
can be made and sufficient funds be found in the hands
of my Executors for that purpose; and further, that each
of them shall have a home in the Mansion house so
long as they may remain unmarried. Ninth. I will and
desire that my couzen Dorothy Corgill who has long been
an imnate in my family, shall still have the privelege of
a home in my residence as formerly, and that in the event
of her becoming unable to provide comfortly for herself
then, in that case my five sons heretofore named as legatees
shall contribute equally for her comfort and support.
Tenth. I give and bequeath to my three youngest sons
Aquilla, Jesse and Ralph all my stock of horses, and all
other live stock not heretofore disposed of, one wagon and
gears and all my farming utensils, threshing machines &c
And it is my wish and desire that said three last mentioned
sons should continue to labour together and make use of
said property together as one family as formerly, so long
as circumstances will admit with convenience, but in
case of a change in circumstances and they should deem
it adviseable to separate then they shall make an equal
division of said property among themselves. Eleventh.
As to all the rest, remainder and residue of my personal
estate, goods and chattels of what kind and nature soever
[corresponds to labeled page 122 of Will Records Vol. 2 - 1835-1850]
122
and assigns forever; and further I give and bequeath to my
said son Ralph the sum of five hundred dollars to be paid
to him by my executors, so soon as funds can conveniently
be collected for that purpose. The mansion house to remain
in the possession of my widow during her natural life
or in case my son Ralph should marry and stand in need
of a dwelling, then and in that case a part of said house
shall be given up for his use. Eighth. I give and devise
to my four daughters, to wit, Margaret Gilleland, Tamar
Hopper, Sarah Cowgill and Elizabeth Cowgill four quarter
sections of land lying and being in the State of Indiana
the title papers for which have not yet come to hand, to
share and share alike in the same to them and their
heirs & assigns forever. And I further bequeath unto my
two unmarried daughters Sarah and Elizabeth each one
bed and bedding and the sum of three hundred dollars
each in money to be paid to them so soon as collections
can be made and sufficient funds be found in the hands
of my Executors for that purpose; and further, that each
of them shall have a home in the Mansion house so
long as they may remain unmarried. Ninth. I will and
desire that my couzen Dorothy Corgill who has long been
an imnate in my family, shall still have the privelege of
a home in my residence as formerly, and that in the event
of her becoming unable to provide comfortly for herself
then, in that case my five sons heretofore named as legatees
shall contribute equally for her comfort and support.
Tenth. I give and bequeath to my three youngest sons
Aquilla, Jesse and Ralph all my stock of horses, and all
other live stock not heretofore disposed of, one wagon and
gears and all my farming utensils, threshing machines &c
And it is my wish and desire that said three last mentioned
sons should continue to labour together and make use of
said property together as one family as formerly, so long
as circumstances will admit with convenience, but in
case of a change in circumstances and they should deem
it adviseable to separate then they shall make an equal
division of said property among themselves. Eleventh.
As to all the rest, remainder and residue of my personal
estate, goods and chattels of what kind and nature soever
Title
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Description
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123
I give and bequeath to my four daughters heretofore named
to share and share alike in the same. Twelfth. And it is
my will that my executors herein after named so soon as
they shall deem it expedient or find it necessary, shall
sell and dispose of a part of my real estate. not heretofore
demised, to wit, a tract of land lying & being in the County
of Delaware, State of Ohio being a part of the East half of
Section No. one, township No. three, Range No Sixteen United
States Military lands, being lot No 7. containing 100 acres
And lastly I hereby constitute and appoint my three
youngest sons Aquilla Cowgill, Jesse Cowgill and Ralph
Cowgill to be the executors of this my last will & testament
revoking and annulling, all former wills by me made &
ratifying and confirming this and no other to be my last
will & testament. In testimony whereof I have hereunto
set my hand and seal this nineteenth day of June in
the year of our Lord one thousand eight hundred and
thirty nine. Ralph Cowgill {seal}
Signed, published and declared by the above
named Ralph Cowgill as and for his last will and testament
in presence of us, who at his request signed as witnesses to
the same. Gibbons Parry, M.L. Clutter, Solm Bentley~
The State of Ohio Belmont County ss
Court of Common Pleas of said County. April Term AD 1840.
The last will and testament of Ralph Cowgill, late
of the County aforesaid deceased was brought into Court
& presented for probate; and M.L Clutter and Solomon
Bentley, two of the subscribing witnesses thereto came into
Court, and each upon his solemn oath says that he saw
the testator sign said will, that he subscribed the same
as a witness thereto in the presence of the testator and at
his request, that the testator, at the time of signing said
will was of sound mind and memory of full age and
not under any restraint; whereupon said will is by the
Court approved and ordered to be recorded with the proof
now taken. Attest. John C Tallman Clerk
I John C. Tallman clerk of the said court
of Common Pleas within and for the County of Belmont
aforesaid, do certify that the foregoing is a true & complete
copy of the last will and testament of Ralph Cowgill
[corresponds to labeled page 123 of Will Records Vol. 2 - 1835-1850]
123
I give and bequeath to my four daughters heretofore named
to share and share alike in the same. Twelfth. And it is
my will that my executors herein after named so soon as
they shall deem it expedient or find it necessary, shall
sell and dispose of a part of my real estate. not heretofore
demised, to wit, a tract of land lying & being in the County
of Delaware, State of Ohio being a part of the East half of
Section No. one, township No. three, Range No Sixteen United
States Military lands, being lot No 7. containing 100 acres
And lastly I hereby constitute and appoint my three
youngest sons Aquilla Cowgill, Jesse Cowgill and Ralph
Cowgill to be the executors of this my last will & testament
revoking and annulling, all former wills by me made &
ratifying and confirming this and no other to be my last
will & testament. In testimony whereof I have hereunto
set my hand and seal this nineteenth day of June in
the year of our Lord one thousand eight hundred and
thirty nine. Ralph Cowgill {seal}
Signed, published and declared by the above
named Ralph Cowgill as and for his last will and testament
in presence of us, who at his request signed as witnesses to
the same. Gibbons Parry, M.L. Clutter, Solm Bentley~
The State of Ohio Belmont County ss
Court of Common Pleas of said County. April Term AD 1840.
The last will and testament of Ralph Cowgill, late
of the County aforesaid deceased was brought into Court
& presented for probate; and M.L Clutter and Solomon
Bentley, two of the subscribing witnesses thereto came into
Court, and each upon his solemn oath says that he saw
the testator sign said will, that he subscribed the same
as a witness thereto in the presence of the testator and at
his request, that the testator, at the time of signing said
will was of sound mind and memory of full age and
not under any restraint; whereupon said will is by the
Court approved and ordered to be recorded with the proof
now taken. Attest. John C Tallman Clerk
I John C. Tallman clerk of the said court
of Common Pleas within and for the County of Belmont
aforesaid, do certify that the foregoing is a true & complete
copy of the last will and testament of Ralph Cowgill
Title
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Description
[page 169]
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124
late of said County deceased, and of the entry of probate
thereof as the same is of record in my office~
{seal} In witness whereof I hereunto set my hand and
seal of said Court at St. Clairsville this 8h day
of August AD 1840~ John C. Tallman Clerk~
I William Kennon President Judge of the fifteenth
Judicial circuit of the Court of Common Pleas in the
State of Ohio, of which the County of Belmont is a part
do certify that John C. Tallman is the Clerk of said Court
of Common Pleas for said County of Belmont and that
the above certificate and attestation is in due form of law
Given under my hand this 8th day of August AD 1840
William Kennon Prest Judge
Recorded the foregoing authenticated Copy of Will SS
September 26h 1840~
Attest. W D Heim Clerk
Pleas held at the Court House in Delaware on the 15th
day of September AD 1840 before John Brundige, John
Lugenbeel & Ahab Jinks Esqr the Associate Judges of the
Court of Common Pleas in & for the County of Delaware
in the State of Ohio.
On motion of Mr Wilcox on behalf of the Exrs
ordered that the authenticated copy of the last
will & testament of James D'Wolf decd was pro-
-duced in open Court proved according to the laws
of the State of Rhode Island & having relation to
property in this County be admitted to record
among the record of Wills of this County
In the name of God, Amen~
I, James D'Wolf of Bristol in the county of Bristol
and State of Rhode Island and Providence Plantat-
-ions Esquire being in health of body and of sound
and disposing mind. memory and understand-
-ing do make and declare this my last will
and testament in manner & form following that
is to say. First My will is and I do hereby order
and direct that all my just debts & financial charges
be paid out of my estate by my Executors here in after
[corresponds to labeled page 124 of Will Records Vol. 2 - 1835-1850]
124
late of said County deceased, and of the entry of probate
thereof as the same is of record in my office~
{seal} In witness whereof I hereunto set my hand and
seal of said Court at St. Clairsville this 8h day
of August AD 1840~ John C. Tallman Clerk~
I William Kennon President Judge of the fifteenth
Judicial circuit of the Court of Common Pleas in the
State of Ohio, of which the County of Belmont is a part
do certify that John C. Tallman is the Clerk of said Court
of Common Pleas for said County of Belmont and that
the above certificate and attestation is in due form of law
Given under my hand this 8th day of August AD 1840
William Kennon Prest Judge
Recorded the foregoing authenticated Copy of Will SS
September 26h 1840~
Attest. W D Heim Clerk
Pleas held at the Court House in Delaware on the 15th
day of September AD 1840 before John Brundige, John
Lugenbeel & Ahab Jinks Esqr the Associate Judges of the
Court of Common Pleas in & for the County of Delaware
in the State of Ohio.
On motion of Mr Wilcox on behalf of the Exrs
ordered that the authenticated copy of the last
will & testament of James D'Wolf decd was pro-
-duced in open Court proved according to the laws
of the State of Rhode Island & having relation to
property in this County be admitted to record
among the record of Wills of this County
In the name of God, Amen~
I, James D'Wolf of Bristol in the county of Bristol
and State of Rhode Island and Providence Plantat-
-ions Esquire being in health of body and of sound
and disposing mind. memory and understand-
-ing do make and declare this my last will
and testament in manner & form following that
is to say. First My will is and I do hereby order
and direct that all my just debts & financial charges
be paid out of my estate by my Executors here in after
Title
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Description
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125
named as soon as conveniently may be after my
decease. Second, I give and devise to my
wife Ann D'Wolf for and during the term of her
natural life for her comfortable maintenance and
support and in lieu of her dower in my Estate
the use occupation and improvement of my
House. where I now dwell. together with all the
lands within the square whereon the said House
Stands. being about thirty acres with all the build-
-ings and improvements thereon. Also the lot of
land I lately purchased of Terrence C. Richmond
Esqr called Fox Hill being about Twenty eight acres
I also give & bequeath to my said wife all my
Horses and Carriages, which at the time of my
decease may be in keeping at my said residence
and all stores of provisions. wines. liquors of
every kind. Stock of Cattle. Oxen. Cows. Sheep and
Swine all tools and utensils for farming as well
as all my plate and household furniture of any
kind in and about my said house and business-
-es. I also give and bequeath to my said wife, the
sum of Three thousand dollars yearly and every
year, during her natural life. in semi annual
payments to be secured and paid to and recei-
-ved by her, or her lawful Attorney. as is hereinafter
provided. For the security of the said annuity to
my said wife. during the term of her natural
life. as aforesaid. I order and direct that Sixty Thou-
-sand dollars of my stock in the bank of Bristol
remain in my name untransfered during said
term. and that my Executors hereinafter named
make and give to my said Wife an irrevocable
Power of Attorney authorizing her in her lawful
substitute to receive so much of the dividends
on said sixty thousand dollars of said Stock as
will pay fifteen hundred dollars semi.annually
during her natural life as aforesaid. And in
case sufficient dividends shall not be declared
and paid out by said bank to the stockhol-
-ders from time to time. or any time to enable
[corresponds to labeled page 125 of Will Records Vol. 2 - 1835-1850]
125
named as soon as conveniently may be after my
decease. Second, I give and devise to my
wife Ann D'Wolf for and during the term of her
natural life for her comfortable maintenance and
support and in lieu of her dower in my Estate
the use occupation and improvement of my
House. where I now dwell. together with all the
lands within the square whereon the said House
Stands. being about thirty acres with all the build-
-ings and improvements thereon. Also the lot of
land I lately purchased of Terrence C. Richmond
Esqr called Fox Hill being about Twenty eight acres
I also give & bequeath to my said wife all my
Horses and Carriages, which at the time of my
decease may be in keeping at my said residence
and all stores of provisions. wines. liquors of
every kind. Stock of Cattle. Oxen. Cows. Sheep and
Swine all tools and utensils for farming as well
as all my plate and household furniture of any
kind in and about my said house and business-
-es. I also give and bequeath to my said wife, the
sum of Three thousand dollars yearly and every
year, during her natural life. in semi annual
payments to be secured and paid to and recei-
-ved by her, or her lawful Attorney. as is hereinafter
provided. For the security of the said annuity to
my said wife. during the term of her natural
life. as aforesaid. I order and direct that Sixty Thou-
-sand dollars of my stock in the bank of Bristol
remain in my name untransfered during said
term. and that my Executors hereinafter named
make and give to my said Wife an irrevocable
Power of Attorney authorizing her in her lawful
substitute to receive so much of the dividends
on said sixty thousand dollars of said Stock as
will pay fifteen hundred dollars semi.annually
during her natural life as aforesaid. And in
case sufficient dividends shall not be declared
and paid out by said bank to the stockhol-
-ders from time to time. or any time to enable
Title
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Description
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126
my said wife to receive the said sum of
Fifteen hundred dollars, on said Sixty Thousand
dollars of said Stock for each and every Six
Months there and in that case the deficiency
shall be paid to and received by her in manners
as is hereinafter further provided. And my will
further is and I do hereby and direct that all
the surplus of said dividends or profits arising
from said Sixty thousand dollars of said
Stock after the payment thereout to my said
wife the said sum of fifteen hundred dollars
semi.annually Shall be placed by the President
of said Bank for the time being in the Providen-
-ce Institution for Savings or some other of like
character. should said Institution be broken up
as soon as the same. can conveniently be done
from time to time after each and every divi-
-dend shall be declared. and payable and in no
instance to exceed thirty days thereafter. which
said surplus so paid into said Providence Insti-
-tuion for savings. shall there be used & improved
by said Institution agreeable to the rules and
regulations there of and shall together with the
accumulating profits or income thereof. constitute
a fund to be appropriated for the benefit of free
schools in said town of Bristol. James D'Wolf~
but shall not until the expiration of the years
after the decease of my said wife. be drawn out
for that purpose nor for any deficiency to my said
wife of the said sum of fifteen hundred dollars
to be paid to her semi annually as aforesaid when-
-ever and in case the other provisions herein before
named therefor shall prove insufficient. but for
such purpose. and as further security to my said
wife. said fund may be used and I hereby notes
and direct all such deficiencies as may from time
to time occur to be made up and paid to her
out of the same accordingly. And I hereby further
notes and direct that the expiration of ten years
[corresponds to labeled page 126 of Will Records Vol. 2 - 1835-1850]
126
my said wife to receive the said sum of
Fifteen hundred dollars, on said Sixty Thousand
dollars of said Stock for each and every Six
Months there and in that case the deficiency
shall be paid to and received by her in manners
as is hereinafter further provided. And my will
further is and I do hereby and direct that all
the surplus of said dividends or profits arising
from said Sixty thousand dollars of said
Stock after the payment thereout to my said
wife the said sum of fifteen hundred dollars
semi.annually Shall be placed by the President
of said Bank for the time being in the Providen-
-ce Institution for Savings or some other of like
character. should said Institution be broken up
as soon as the same. can conveniently be done
from time to time after each and every divi-
-dend shall be declared. and payable and in no
instance to exceed thirty days thereafter. which
said surplus so paid into said Providence Insti-
-tuion for savings. shall there be used & improved
by said Institution agreeable to the rules and
regulations there of and shall together with the
accumulating profits or income thereof. constitute
a fund to be appropriated for the benefit of free
schools in said town of Bristol. James D'Wolf~
but shall not until the expiration of the years
after the decease of my said wife. be drawn out
for that purpose nor for any deficiency to my said
wife of the said sum of fifteen hundred dollars
to be paid to her semi annually as aforesaid when-
-ever and in case the other provisions herein before
named therefor shall prove insufficient. but for
such purpose. and as further security to my said
wife. said fund may be used and I hereby notes
and direct all such deficiencies as may from time
to time occur to be made up and paid to her
out of the same accordingly. And I hereby further
notes and direct that the expiration of ten years
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 172)
Description
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127
after the decease of my said Wife, the said fund
be placed at the disposal and made subject to
the order of such person or persons as may have
the case and direction of the Free School funds in
said Town of Bristol. It is to be distinctly un-
-derstood that the deposits to be made as afore-
-said in said Providence Institution for Savings
for the purpose aforesaid are to cease & determine
at the time of the decease of my said wife
meaning and intending that the surplus prof-
-its only arising from said Sixty Thousand dollars
of the Capitol stock of the Bank of Bristol are to
be paid over and deposited as aforesaid during the
life time of my said wife and commencing from
and after my decease. And in order to insure
the payment of the said annuity to my said
wife at all events and to guard against all conti-
-ngencies. I do hereby render my Mount Hope farm
containing about two hundred & thirty five acres
hereinafter devised to my son William Bradford
D'Wolf liable for all such sum or sums of money
as may be necessary from time to time to be
raised for the payment of said annuity in
case all the provisions herein before named there-
-for shall prove insufficient for that purpose. but
in no other event. nor to any further extent than
to make up such deficiency. but in such event and
for such deficiency said Mount Hope farm is to be
and ^shall stand changed and changeable. Third. I give
and bequeath and devise to my son James D'Wolf
and to his heirs and assigns forever the following
portions of my estate real and personal to wit
First. one undivided fourth part of my wharf est-
-ate in said Bristol. including the Water lot. boun-
-ded South by land of the heirs of my late brother
William D'Wolf. East by Water Street North by
the estate heretofore belonging to the late Col.Simeon
Potter and West by the Ship Channel. together with
the Bank House all the Stores and other build-
-ings. and improvements thereon and all things
[corresponds to labeled page 127 of Will Records Vol. 2 - 1835-1850]
127
after the decease of my said Wife, the said fund
be placed at the disposal and made subject to
the order of such person or persons as may have
the case and direction of the Free School funds in
said Town of Bristol. It is to be distinctly un-
-derstood that the deposits to be made as afore-
-said in said Providence Institution for Savings
for the purpose aforesaid are to cease & determine
at the time of the decease of my said wife
meaning and intending that the surplus prof-
-its only arising from said Sixty Thousand dollars
of the Capitol stock of the Bank of Bristol are to
be paid over and deposited as aforesaid during the
life time of my said wife and commencing from
and after my decease. And in order to insure
the payment of the said annuity to my said
wife at all events and to guard against all conti-
-ngencies. I do hereby render my Mount Hope farm
containing about two hundred & thirty five acres
hereinafter devised to my son William Bradford
D'Wolf liable for all such sum or sums of money
as may be necessary from time to time to be
raised for the payment of said annuity in
case all the provisions herein before named there-
-for shall prove insufficient for that purpose. but
in no other event. nor to any further extent than
to make up such deficiency. but in such event and
for such deficiency said Mount Hope farm is to be
and ^shall stand changed and changeable. Third. I give
and bequeath and devise to my son James D'Wolf
and to his heirs and assigns forever the following
portions of my estate real and personal to wit
First. one undivided fourth part of my wharf est-
-ate in said Bristol. including the Water lot. boun-
-ded South by land of the heirs of my late brother
William D'Wolf. East by Water Street North by
the estate heretofore belonging to the late Col.Simeon
Potter and West by the Ship Channel. together with
the Bank House all the Stores and other build-
-ings. and improvements thereon and all things
Title
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Description
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128
belonging or appertaining to the said estate
Second. My lot of land in said Bristol bounded
South on State Street, West partly on land of
Hersey Bradford Esqr and partly on land lately
belonging to George D'Wolf but now belonging to me
Northwardly on land of John Burgess and of
the heirs of my late brother, William D'Wolf and
Eastwardly on land inherited by my wife from
her late father the said lot being the Westerly
one third part of the two acre lot on which my
Store barn stands and on which I heretofore
made some preparations for building a block
of houses. also one undivided third part of the
Stones and other materials prepared for building
said block of houses. Third~ One undivided
fourth part of all my Ships and other vessels of
every kind with all the boats. sails. rigging. anchors
and appurtenances to the same belonging
Fourth~ One equal undivided sixth part of all
my lands and real estate in the State of Ken-
-tucky. the same being situated at Louisville in
that State to him and to his heirs forever. Or
in lieu thereof one sixth part of all sales of said
lands which have already been sold. or which
may hereafter be sold until the sales of said
lands shall amount to a sum sufficient to
liquidate and pay into my estate the full sum
and interest of the James D'Wolf~ balance now due
to me upon my books from my said son
James, and all the lands that may be remain-
-ing of said tract in Louisville after said balance
and interest be paid to my Executors, or the
purchase of said lands. after said balance & interest
shall have been paid as aforesaid. I give and
bequeath to my said son James D'Wolf Junr
Fifth~ Furthermore and the meaning and intention
of the above item is to give to my said son James
the one sixth part of the balance of account & intrest
now due to me from him. per statement on my
books, being at this time with the interest now
[corresponds to labeled page 128 of Will Records Vol. 2 - 1835-1850]
128
belonging or appertaining to the said estate
Second. My lot of land in said Bristol bounded
South on State Street, West partly on land of
Hersey Bradford Esqr and partly on land lately
belonging to George D'Wolf but now belonging to me
Northwardly on land of John Burgess and of
the heirs of my late brother, William D'Wolf and
Eastwardly on land inherited by my wife from
her late father the said lot being the Westerly
one third part of the two acre lot on which my
Store barn stands and on which I heretofore
made some preparations for building a block
of houses. also one undivided third part of the
Stones and other materials prepared for building
said block of houses. Third~ One undivided
fourth part of all my Ships and other vessels of
every kind with all the boats. sails. rigging. anchors
and appurtenances to the same belonging
Fourth~ One equal undivided sixth part of all
my lands and real estate in the State of Ken-
-tucky. the same being situated at Louisville in
that State to him and to his heirs forever. Or
in lieu thereof one sixth part of all sales of said
lands which have already been sold. or which
may hereafter be sold until the sales of said
lands shall amount to a sum sufficient to
liquidate and pay into my estate the full sum
and interest of the James D'Wolf~ balance now due
to me upon my books from my said son
James, and all the lands that may be remain-
-ing of said tract in Louisville after said balance
and interest be paid to my Executors, or the
purchase of said lands. after said balance & interest
shall have been paid as aforesaid. I give and
bequeath to my said son James D'Wolf Junr
Fifth~ Furthermore and the meaning and intention
of the above item is to give to my said son James
the one sixth part of the balance of account & intrest
now due to me from him. per statement on my
books, being at this time with the interest now
Title
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Description
[page 174]
[corresponds to labeled page 129 of Will Records Vol. 2 - 1835-1850]
129
due. two hundred and ninety nine thousand
dollars. together with one sixth part of all intere-
-st that may here after accrue and become due
on said balance which is to be paid from the
sales and proceeds of said lands in Louisville
and whatever remains of said lands or purchases
of said lands after the reimbursement of said
balance and interest as aforesaid I give and
bequeath to my said son James. Furthermore
in explanation of the above devise relative to those
Louisville lands which was sold and deeded
to me by my son James as a part of the bal-
-ance of account then due to me in the year
31st December 1827, and the consideration na-
-med in said deed was ten thousand dollars
which land have risen in value to a large
amount and being willing and desirous he
should have the benefit of said rise. I only charge
the balance he was indebted to me at the time
he made said deed with the interest thereon
and take from the sales of said lands to am-
-ount of said balance and interest for distribution
with other parts of my estate as expressed in
this my will giving to him my said son
James all the residue and remainder of said
lands over and above his one sixth part of said
proceeds of sales to amount of said balance and
interest. Fourth~ I give and bequeath & devise
to the children of my deceased daughter Mary
Ann Summer, late the wife of William N. Sumner
Esqr share and share alike and to their heirs and
assigns forever as tenants in common and not
as joint tenants, the following portions of my
Estate real and personal to wit. First- One un-
-divided fifth part of all my land and real Estate
in the State of Ohio together with one undivided
fifth part of all my live stock and farming uten-
-sils thereon. Second- All my property & interest
in the Dighton Cr Cotton Mills and Iron Works
establishment in the State of Massachusetts called
[corresponds to labeled page 129 of Will Records Vol. 2 - 1835-1850]
129
due. two hundred and ninety nine thousand
dollars. together with one sixth part of all intere-
-st that may here after accrue and become due
on said balance which is to be paid from the
sales and proceeds of said lands in Louisville
and whatever remains of said lands or purchases
of said lands after the reimbursement of said
balance and interest as aforesaid I give and
bequeath to my said son James. Furthermore
in explanation of the above devise relative to those
Louisville lands which was sold and deeded
to me by my son James as a part of the bal-
-ance of account then due to me in the year
31st December 1827, and the consideration na-
-med in said deed was ten thousand dollars
which land have risen in value to a large
amount and being willing and desirous he
should have the benefit of said rise. I only charge
the balance he was indebted to me at the time
he made said deed with the interest thereon
and take from the sales of said lands to am-
-ount of said balance and interest for distribution
with other parts of my estate as expressed in
this my will giving to him my said son
James all the residue and remainder of said
lands over and above his one sixth part of said
proceeds of sales to amount of said balance and
interest. Fourth~ I give and bequeath & devise
to the children of my deceased daughter Mary
Ann Summer, late the wife of William N. Sumner
Esqr share and share alike and to their heirs and
assigns forever as tenants in common and not
as joint tenants, the following portions of my
Estate real and personal to wit. First- One un-
-divided fifth part of all my land and real Estate
in the State of Ohio together with one undivided
fifth part of all my live stock and farming uten-
-sils thereon. Second- All my property & interest
in the Dighton Cr Cotton Mills and Iron Works
establishment in the State of Massachusetts called
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 175)
Description
[page 175]
[corresponds to labeled page 130 of Will Records Vol. 2 - 1835-1850]
130
the Dighton Manufacturing Company together
with all my interest in the stock and personal
property of said Manufacturing Company after
all the debts of said Company are thereout paid
and satisfied. hereby conveying to them all my
interest in said Company. being thirty two
sixtieths of the Stock of said Company inclu-
-ding thirty two sixtieths of all property belonging
to said Company. Third - Thirteen thousand
dollars to be invested in safe and good Stock
by my Executors for said children one third
to each unless said money be paid out to them
during my life time in which case this item
to be null and void. Fourth - My house and
lot wharf and Stores lately purchased which
was formerly the residence of my late brother Charles
D Wolf bounded Easterly on Thames Street. South-
erly on Constitution Street. Westerly on the harbor
to Ship Channel and Northerly on land of Jacob
Bobbit. Fifth- That well known island inclu-
ded in the township of Portsmouth called Hog
Island but hereafter to be called Perry's Island
Fifth - I give. bequeath and devise to my son
Mark Anthony D'Wolf and to his heirs and
assigns forever, Jas D'Wolf - the following portions
of my estate real and personal to wit. First,
My farm on Pappasquash in said Bristol
which I lately purchased of William D'Wolf
deceased and which heretofore belonged to George
D'Wolf containing about one hundred and twelve
acres be the same more or less bounded South
on land of Mrs Hareshoff. West by the Salt
water. North on land of the heirs of William
D'Wolf deceased and East by Bristol Harbor togeth-
-er with all the buildings and improvement
Stock tools. crops. produce and moveables of every
kind thereon or thereafter belonging. Second- My
Estate on the Island of Cuba called the Mariana
Plantation. situate about forty five miles westw-
-ard from the city of Havanna together with all
[corresponds to labeled page 130 of Will Records Vol. 2 - 1835-1850]
130
the Dighton Manufacturing Company together
with all my interest in the stock and personal
property of said Manufacturing Company after
all the debts of said Company are thereout paid
and satisfied. hereby conveying to them all my
interest in said Company. being thirty two
sixtieths of the Stock of said Company inclu-
-ding thirty two sixtieths of all property belonging
to said Company. Third - Thirteen thousand
dollars to be invested in safe and good Stock
by my Executors for said children one third
to each unless said money be paid out to them
during my life time in which case this item
to be null and void. Fourth - My house and
lot wharf and Stores lately purchased which
was formerly the residence of my late brother Charles
D Wolf bounded Easterly on Thames Street. South-
erly on Constitution Street. Westerly on the harbor
to Ship Channel and Northerly on land of Jacob
Bobbit. Fifth- That well known island inclu-
ded in the township of Portsmouth called Hog
Island but hereafter to be called Perry's Island
Fifth - I give. bequeath and devise to my son
Mark Anthony D'Wolf and to his heirs and
assigns forever, Jas D'Wolf - the following portions
of my estate real and personal to wit. First,
My farm on Pappasquash in said Bristol
which I lately purchased of William D'Wolf
deceased and which heretofore belonged to George
D'Wolf containing about one hundred and twelve
acres be the same more or less bounded South
on land of Mrs Hareshoff. West by the Salt
water. North on land of the heirs of William
D'Wolf deceased and East by Bristol Harbor togeth-
-er with all the buildings and improvement
Stock tools. crops. produce and moveables of every
kind thereon or thereafter belonging. Second- My
Estate on the Island of Cuba called the Mariana
Plantation. situate about forty five miles westw-
-ard from the city of Havanna together with all
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 176)
Description
[page 176]
[corresponds with labeled page 131 of Will Records Vol. 2 - 1835-1850]
131
the buildings and improvements and all the
Coffee trees and Coffee and all the negroes and
Stock of every kind and all the tools and utensils
thereon or thereto belonging which estate was
charged him in account settled on the first of
November 1827~ per Ledger Wr C page 244.
Third- One undivided fourth part of all my
Ships and other vessels of every kind with all the
boats. sails. rigging. anchors and appurtenances
to the same belonging. Fourth- One undiv-
-ided fourth part of my wharf estate in said Bristol
including the Water lot. bounded South by land
of the heirs of my late brother William D Wolf
East by Water Street. North by the Estate heretofo-
re belonging to the late Col. Simeon Potter and
West by the ship channel. together with the
Bank House all the stores and other buildings
and improvements thereon, and all things belong-
-ing or appertaining to the said estate. Fifth- One
half of my sugar Estate in the Island of Cuba
situated about eighty miles East of Matauzas
called "New Hope" with one half of every thing
belonging to said Estate. Sixth - One undi-
-vided fourth part of my Arkwright Cotton Man-
-ufacturing establishment consisiting of all the
real estate whereon the said Establishment is loc-
-ated. and all the lands thereto attached, toget-
-her with all the Cotton Mills. dwelling hous-
-es and other buildings and improvements
thereon being all the lands and real estate
I now in the towns of Scituate, Cranston and
Coventry and consisting also of the machin-
-ery and tools and utensils to the same
belonging. Sixth- I give bequeath & devise
to my son William Henry D'Wolf and to
his heirs and assigns forever the following por-
-tions of my estate; real and personal to wit
First - My farm on Poppasquash in said
Bristol called the North Point farm containing
One Hundred and two acres be the same
[corresponds with labeled page 131 of Will Records Vol. 2 - 1835-1850]
131
the buildings and improvements and all the
Coffee trees and Coffee and all the negroes and
Stock of every kind and all the tools and utensils
thereon or thereto belonging which estate was
charged him in account settled on the first of
November 1827~ per Ledger Wr C page 244.
Third- One undivided fourth part of all my
Ships and other vessels of every kind with all the
boats. sails. rigging. anchors and appurtenances
to the same belonging. Fourth- One undiv-
-ided fourth part of my wharf estate in said Bristol
including the Water lot. bounded South by land
of the heirs of my late brother William D Wolf
East by Water Street. North by the Estate heretofo-
re belonging to the late Col. Simeon Potter and
West by the ship channel. together with the
Bank House all the stores and other buildings
and improvements thereon, and all things belong-
-ing or appertaining to the said estate. Fifth- One
half of my sugar Estate in the Island of Cuba
situated about eighty miles East of Matauzas
called "New Hope" with one half of every thing
belonging to said Estate. Sixth - One undi-
-vided fourth part of my Arkwright Cotton Man-
-ufacturing establishment consisiting of all the
real estate whereon the said Establishment is loc-
-ated. and all the lands thereto attached, toget-
-her with all the Cotton Mills. dwelling hous-
-es and other buildings and improvements
thereon being all the lands and real estate
I now in the towns of Scituate, Cranston and
Coventry and consisting also of the machin-
-ery and tools and utensils to the same
belonging. Sixth- I give bequeath & devise
to my son William Henry D'Wolf and to
his heirs and assigns forever the following por-
-tions of my estate; real and personal to wit
First - My farm on Poppasquash in said
Bristol called the North Point farm containing
One Hundred and two acres be the same
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 177)
Description
[page 177]
[corresponds to labeled page 132 of Will Records Vol. 2 - 1835-1850]
132
more or less, bounded South on land of the
heirs of William D'Wolf deceased. East on the
Cove. West and North by the salt water toge-
-ther with all the buildings and improvements
Stock. tools. crops. produce and removeables
of every kind thereon or thereto belonging
Second ~ One undivided fourth part of the
Mount Hope Coffee Plantation in the Island
of Cuba. Situate about twenty miles Southwest-
-erly from the City of Matangas and now
the village of Madruga. now owned by Charles
Collins Esqr and myself as tenants in com-
-mon in equal moities together with one un-
divided fourth part of all the buildings and
improvements and of all the Coffee trees and coffee
and of all the negroes and stock of every kind and
of all the tools and utensils thereon or thereto
belonging. Third ~ One undivided fourth
part of my wharf estate in said Bristol
including the water lot bounded South by
land of the heirs of my late brother, William
D'Wolf. East by Water Street. North by the
estate heretofore belonging to the late Col. Sim
-eon Potter and West ~ Jas D'Wolf ~ by
the ship channel together with the Bank house
all the stores and other buildings. and
improvements thereon and all things belonging,
or appertaining to the said estate
Fourth ~ One undivided fourth part of all
my ships and other vessels of every kind with
all the boats, sails, rigging, anchors and appurt-
-enances to the same belonging. Fifth ~ My
lots of land which I lately purchased of the
late John W. Bourn containing about nine
and a half acres bounded South by a lane run-
-ning east and west from the North East
corner of the town common. East by land of
Nathaniel Fales. North by land of the heirs
of Nathaniel Smith deceased and west partly on
Wood Street and partly on land of persons whose
[corresponds to labeled page 132 of Will Records Vol. 2 - 1835-1850]
132
more or less, bounded South on land of the
heirs of William D'Wolf deceased. East on the
Cove. West and North by the salt water toge-
-ther with all the buildings and improvements
Stock. tools. crops. produce and removeables
of every kind thereon or thereto belonging
Second ~ One undivided fourth part of the
Mount Hope Coffee Plantation in the Island
of Cuba. Situate about twenty miles Southwest-
-erly from the City of Matangas and now
the village of Madruga. now owned by Charles
Collins Esqr and myself as tenants in com-
-mon in equal moities together with one un-
divided fourth part of all the buildings and
improvements and of all the Coffee trees and coffee
and of all the negroes and stock of every kind and
of all the tools and utensils thereon or thereto
belonging. Third ~ One undivided fourth
part of my wharf estate in said Bristol
including the water lot bounded South by
land of the heirs of my late brother, William
D'Wolf. East by Water Street. North by the
estate heretofore belonging to the late Col. Sim
-eon Potter and West ~ Jas D'Wolf ~ by
the ship channel together with the Bank house
all the stores and other buildings. and
improvements thereon and all things belonging,
or appertaining to the said estate
Fourth ~ One undivided fourth part of all
my ships and other vessels of every kind with
all the boats, sails, rigging, anchors and appurt-
-enances to the same belonging. Fifth ~ My
lots of land which I lately purchased of the
late John W. Bourn containing about nine
and a half acres bounded South by a lane run-
-ning east and west from the North East
corner of the town common. East by land of
Nathaniel Fales. North by land of the heirs
of Nathaniel Smith deceased and west partly on
Wood Street and partly on land of persons whose
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 178)
Description
[page 178]
[corresponds to labeled page 133 of Will Records Vol. 2 - 1835-1850]
133
names I do not now recollect. Sixth ~ Also one
Sixth part of my land in Louisville or one Sixth
part of the proceeds of said lands exclusive or
independent of what I have given to my son
James which one sixth I consider will be about
fifty thousand dollars. Seventh ~ I give bequ-
-eath and devise to my daughter Harriet Hall
the wife of Jonathan Prescott Hall Esqr and to
her heirs and assigns forever, the following port-
-ions of my estate. real and personal to wit
First ~ My estate in the City of New York
House and lot of land whereon she my said
daughter Harriet Hall now resides, situate in
Bond Street together with all the improvements
thereon it being the same estate which I lately
purchased of Wm Muiturn. to her and her
heirs forever, Record ~ One undivided fifth part
of all my land and real estate in the State
of Ohio. together with me undivided fifth
part of all my live stock and farming utensils
thereon to her and her and her heirs forever
Third ~ Also one sixth part of my lands in
Louisville or one sixth part of the proceeds of
said lands. exclusive or independent of what I
have given to my son James, which one sixth
I consider will be about fifty thousand dollars
Fourth ~ My farm in Newport called the Malbone
Garden farm lately purchased per deed and
for which I paid thirteen thousand dollars
Eighth ~ I give bequeath, and devise to my dau-
ghter Nancy B. Homer the wife of Fitzhenry
Homer Esqr and to her heirs and assigns forever
the following pertains of my estate real and
personal to wit. First ~ All my right title and
interest in and to the Mount Hope Cotton Mill
Company in Dighton in the State of Massachusetts
including all my interest in the machinery, stock
in trade, property, goods, and effects of every kind
and nature belonging to said Company after pay
-ing therewit all the just proportions of the debts
[corresponds to labeled page 133 of Will Records Vol. 2 - 1835-1850]
133
names I do not now recollect. Sixth ~ Also one
Sixth part of my land in Louisville or one Sixth
part of the proceeds of said lands exclusive or
independent of what I have given to my son
James which one sixth I consider will be about
fifty thousand dollars. Seventh ~ I give bequ-
-eath and devise to my daughter Harriet Hall
the wife of Jonathan Prescott Hall Esqr and to
her heirs and assigns forever, the following port-
-ions of my estate. real and personal to wit
First ~ My estate in the City of New York
House and lot of land whereon she my said
daughter Harriet Hall now resides, situate in
Bond Street together with all the improvements
thereon it being the same estate which I lately
purchased of Wm Muiturn. to her and her
heirs forever, Record ~ One undivided fifth part
of all my land and real estate in the State
of Ohio. together with me undivided fifth
part of all my live stock and farming utensils
thereon to her and her and her heirs forever
Third ~ Also one sixth part of my lands in
Louisville or one sixth part of the proceeds of
said lands. exclusive or independent of what I
have given to my son James, which one sixth
I consider will be about fifty thousand dollars
Fourth ~ My farm in Newport called the Malbone
Garden farm lately purchased per deed and
for which I paid thirteen thousand dollars
Eighth ~ I give bequeath, and devise to my dau-
ghter Nancy B. Homer the wife of Fitzhenry
Homer Esqr and to her heirs and assigns forever
the following pertains of my estate real and
personal to wit. First ~ All my right title and
interest in and to the Mount Hope Cotton Mill
Company in Dighton in the State of Massachusetts
including all my interest in the machinery, stock
in trade, property, goods, and effects of every kind
and nature belonging to said Company after pay
-ing therewit all the just proportions of the debts
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 179)
Description
[page 179]
[corresponds to labeled page 134 of Will Records Vol. 2 - 1835-1850]
134
due from said Company. Second ~ One un-
divided fifth part of all my lands and real
estate in the State of Ohio, together with one
undivided fifth part of all my live stock and
farming utensils thereon to her and heirs forever
Third ~ Also one sixth part of my lands in
Louisville, or one Sixth part of the proceeds of said
lands, exclusive or independent of what I have
given to my son James which one sixth I consider
will be about fifty thousand dollars
Fourth ~ My lot of land on the corner of State
and High Streets with the stone barn thereon
standing, bounded on the West, by land inherited
by my said wife from her father ~ Jas D'Wolfe ~
Ninth ~ I give bequeath and devise to my
son William Bradford D'Wolf, and to his
heirs and assigns forever the following portions
of my estate real and personal to wit
First ~ My Mount Hope farm in said Bristol
containing about two hundred and thirty five
acres / exclusive of the lot of land belonging to
my wife, inherited from her father of about
thirty five acres / bounded South on land of
Jacob Bradford. East on Mount Hope Bay.
North partly on land of Jacob Babbitt & partly
on land of Nathaniel Bullock and West partly
on land of said Bullock and partly on the highway
or back road / which boundaries include the said
lot belonging to my wife / together with all the
buildings and improvements, stock, tools, crops, pro-
-duce and moveables of every kind thereon or thereto
belonging subject however to and charged and chan
-geable with the payment in certain contingencies
of the aforesaid annuity, as herein before particu-
larly mentioned unto my wife aforesaid for and
during the term of her natural life
Second ~ One undivided fourth part of my
Arkwright Cotton Manufacturing Establishment
consisting of all the real estate wherein the said
establishment is located and all the lands
[corresponds to labeled page 134 of Will Records Vol. 2 - 1835-1850]
134
due from said Company. Second ~ One un-
divided fifth part of all my lands and real
estate in the State of Ohio, together with one
undivided fifth part of all my live stock and
farming utensils thereon to her and heirs forever
Third ~ Also one sixth part of my lands in
Louisville, or one Sixth part of the proceeds of said
lands, exclusive or independent of what I have
given to my son James which one sixth I consider
will be about fifty thousand dollars
Fourth ~ My lot of land on the corner of State
and High Streets with the stone barn thereon
standing, bounded on the West, by land inherited
by my said wife from her father ~ Jas D'Wolfe ~
Ninth ~ I give bequeath and devise to my
son William Bradford D'Wolf, and to his
heirs and assigns forever the following portions
of my estate real and personal to wit
First ~ My Mount Hope farm in said Bristol
containing about two hundred and thirty five
acres / exclusive of the lot of land belonging to
my wife, inherited from her father of about
thirty five acres / bounded South on land of
Jacob Bradford. East on Mount Hope Bay.
North partly on land of Jacob Babbitt & partly
on land of Nathaniel Bullock and West partly
on land of said Bullock and partly on the highway
or back road / which boundaries include the said
lot belonging to my wife / together with all the
buildings and improvements, stock, tools, crops, pro-
-duce and moveables of every kind thereon or thereto
belonging subject however to and charged and chan
-geable with the payment in certain contingencies
of the aforesaid annuity, as herein before particu-
larly mentioned unto my wife aforesaid for and
during the term of her natural life
Second ~ One undivided fourth part of my
Arkwright Cotton Manufacturing Establishment
consisting of all the real estate wherein the said
establishment is located and all the lands
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 180)
Description
[page 180]
[corresponds to labeled page 135 of Will Records Vol. 2 - 1835-1850]
135
thereto attached, together with all the Cotton mills
dwelling houses, and other buildings and improve-
-ments thereon, being all the lands and real estate
I own in the towns of Scituate, Cranston & Coventry
and consisting also of all the machinery tools and
utensils to the same belonging. Third ~ One un-
-divided fourth part of all my ships and other ves-
-sels of every kind with all the boats, sails, rigging,
anchors and apputenances to the same belonging
Fourth ~ One undivided fourth part of my wha-
-rf estate in said Bristol including the water lot
bounded south by land of the heirs of my late
brother William D'Wolf. East by Water Street
North by the estate heretofore belonging to the
late Col. Simeon Potter and west by the Ship cha-
-nnel together with the Bank house. all the Stores
and other buildings and improvements therein
and all things belonging or appertaining to the said
estate. Fifth ~ One undivided fourth part of the
Mount Hope Coffee Plantation in the Island
of Cuba situate about twenty miles Southwesterly
from the City of Matanzas and near the village
of Madruga, now owned by Charles Collins Esqr
and myself as tenants in common, in equal
munties, together with one undivided fourth part
of all the buildings and improvements and of
all the Coffee trees and coffee and of all the neg-
-roes and stock of every kind, and of all the tools
and utensils thereon or thereto belonging
Sixth ~ Also one sixth of my lands in Louisv-
-ille, or one sixth part of the proceeds of said lands
exclusive or independent of what I have given to
my son James which one sixth I consider will
be about fifty thousand dollars. Seventh ~ The
house and land given to my wife during her
life and all her property / save and excepting the
Bank Stock and annuities given for the support
of my wife / I give and bequeath to my said son
William Bradford D'Wolf, after the decease of his
mother, except such of my household furniture
[corresponds to labeled page 135 of Will Records Vol. 2 - 1835-1850]
135
thereto attached, together with all the Cotton mills
dwelling houses, and other buildings and improve-
-ments thereon, being all the lands and real estate
I own in the towns of Scituate, Cranston & Coventry
and consisting also of all the machinery tools and
utensils to the same belonging. Third ~ One un-
-divided fourth part of all my ships and other ves-
-sels of every kind with all the boats, sails, rigging,
anchors and apputenances to the same belonging
Fourth ~ One undivided fourth part of my wha-
-rf estate in said Bristol including the water lot
bounded south by land of the heirs of my late
brother William D'Wolf. East by Water Street
North by the estate heretofore belonging to the
late Col. Simeon Potter and west by the Ship cha-
-nnel together with the Bank house. all the Stores
and other buildings and improvements therein
and all things belonging or appertaining to the said
estate. Fifth ~ One undivided fourth part of the
Mount Hope Coffee Plantation in the Island
of Cuba situate about twenty miles Southwesterly
from the City of Matanzas and near the village
of Madruga, now owned by Charles Collins Esqr
and myself as tenants in common, in equal
munties, together with one undivided fourth part
of all the buildings and improvements and of
all the Coffee trees and coffee and of all the neg-
-roes and stock of every kind, and of all the tools
and utensils thereon or thereto belonging
Sixth ~ Also one sixth of my lands in Louisv-
-ille, or one sixth part of the proceeds of said lands
exclusive or independent of what I have given to
my son James which one sixth I consider will
be about fifty thousand dollars. Seventh ~ The
house and land given to my wife during her
life and all her property / save and excepting the
Bank Stock and annuities given for the support
of my wife / I give and bequeath to my said son
William Bradford D'Wolf, after the decease of his
mother, except such of my household furniture
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 181)
Description
[page 181]
[corresponds to labeled page 136 of Will Records Vol. 2 - 1835-1850]
136
plate and other personal property, given to
his mother as she may please to give to her other
children during her life time
Tenth ~ I give, bequeath, and devise to my in-
-fant grandson James D'Wolf the only child
of my late son Francis L.B. D'Wolf deceased
and to his heirs and assigns forever the follow-
-ing portions of my estate real and personal
to wit. Jas D'Wolf--First~ All my
right title and interest in and to the farm
which I gave by deed to my said son Francis
in his life time, lying in said Bristol called
the Ellery farm and whereon I built a dwelling
house and made other improvements at my
own expense, without changing anything therefor to
my said son in his life time or to his estate
since his decease, always intending to give him
the whole of the same as a part of his shares
of my estate and which said farm with the
buildings and improvements thereon my said
grandson inherits from his father except the
right of Dower of his mother, the widow of my
said son Francis, therein and which right of
Dower I have purchased of the said widow so
that by this devise and bequest my said grand-
-son will after my decease be seized in fee of
the whole of said farm with the buildings
and improvements thereon free of all incum-
-brances. Second my two lots of land in
Bristol aforesaid lately purchased of John N
-Sanford containing about eleven acres adjoin-
-ing the said farm belonging to my said grand-
-son which said lots was a part of the estate of
the late Ellery Sandford, he my said grandson
to come into possession of said lots when he
arrives at the age of twenty four years
Third~ Eight hundred shares of the Capital
Stock in the Blackstone Canal Bank which is
twenty thousand dollars. Say twenty thousand
dollars. Fourth~ Twenty thousand dollars
[corresponds to labeled page 136 of Will Records Vol. 2 - 1835-1850]
136
plate and other personal property, given to
his mother as she may please to give to her other
children during her life time
Tenth ~ I give, bequeath, and devise to my in-
-fant grandson James D'Wolf the only child
of my late son Francis L.B. D'Wolf deceased
and to his heirs and assigns forever the follow-
-ing portions of my estate real and personal
to wit. Jas D'Wolf--First~ All my
right title and interest in and to the farm
which I gave by deed to my said son Francis
in his life time, lying in said Bristol called
the Ellery farm and whereon I built a dwelling
house and made other improvements at my
own expense, without changing anything therefor to
my said son in his life time or to his estate
since his decease, always intending to give him
the whole of the same as a part of his shares
of my estate and which said farm with the
buildings and improvements thereon my said
grandson inherits from his father except the
right of Dower of his mother, the widow of my
said son Francis, therein and which right of
Dower I have purchased of the said widow so
that by this devise and bequest my said grand-
-son will after my decease be seized in fee of
the whole of said farm with the buildings
and improvements thereon free of all incum-
-brances. Second my two lots of land in
Bristol aforesaid lately purchased of John N
-Sanford containing about eleven acres adjoin-
-ing the said farm belonging to my said grand-
-son which said lots was a part of the estate of
the late Ellery Sandford, he my said grandson
to come into possession of said lots when he
arrives at the age of twenty four years
Third~ Eight hundred shares of the Capital
Stock in the Blackstone Canal Bank which is
twenty thousand dollars. Say twenty thousand
dollars. Fourth~ Twenty thousand dollars
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 182)
Description
[page 182]
[corresponds to labeled page 137 of Will Records Vol. 2 - 1835-1850]
137
of my stock in the Blackstone Canal Company
being seven hundred and seventy shares, which I
consider now worth about four thousand dollars
Fifth~ My twelve acre lot of land near Jone's
falls in the vicinity of the City of Baltimore
together with the dwelling houses and impro-
-vements thereon. Sixth~ My two house
lots of "Green Hill" estate, next adjoining the
lot given to my daughter Harriot, being No. 1
on the plat of said Green Hill which I value
at two thousand dollars. Seventh~ Fifty
shares being five thousand dollars of the Capi-
-tal stock of the Bank of Bristol. together with
what my estate will stand charged for balance
I am indebted to him on my books as his
guardian amounting to about fourteen thou-
-sand dollars. Eight~ Also all the furniture
belonging to me now in the house occupied by
my son, Mark A. D'Wolf, and all stock usually
kept on the farm being one Cow called Cleop-
-atria. the said horse called Crib: also the gold watch-
which was his fathers and which I purchased
with other things in the inventory valued to
me at two hundred and fifty dollars and
also the wines and all other things which may
be found in said house formerly belonging
to his late father and not taken away by
his mother. Provided however that in case
my said grandson shall die before he arrives
at the age of twenty one years and without lea-
-ving any lawful issue then my will is that
all the property and estate both real and
personal, herein before given, bequeathed and
devised to him as aforesaid shall on the happ-
-ening of that event pass over to and vest in
all my children and the children of my daugh-
-ter Mary Ann and their respective heirs and
assigns forever equally to be divided between
them, share and share alike, and my will fu-
-rther is that until my said grandson shall
[corresponds to labeled page 137 of Will Records Vol. 2 - 1835-1850]
137
of my stock in the Blackstone Canal Company
being seven hundred and seventy shares, which I
consider now worth about four thousand dollars
Fifth~ My twelve acre lot of land near Jone's
falls in the vicinity of the City of Baltimore
together with the dwelling houses and impro-
-vements thereon. Sixth~ My two house
lots of "Green Hill" estate, next adjoining the
lot given to my daughter Harriot, being No. 1
on the plat of said Green Hill which I value
at two thousand dollars. Seventh~ Fifty
shares being five thousand dollars of the Capi-
-tal stock of the Bank of Bristol. together with
what my estate will stand charged for balance
I am indebted to him on my books as his
guardian amounting to about fourteen thou-
-sand dollars. Eight~ Also all the furniture
belonging to me now in the house occupied by
my son, Mark A. D'Wolf, and all stock usually
kept on the farm being one Cow called Cleop-
-atria. the said horse called Crib: also the gold watch-
which was his fathers and which I purchased
with other things in the inventory valued to
me at two hundred and fifty dollars and
also the wines and all other things which may
be found in said house formerly belonging
to his late father and not taken away by
his mother. Provided however that in case
my said grandson shall die before he arrives
at the age of twenty one years and without lea-
-ving any lawful issue then my will is that
all the property and estate both real and
personal, herein before given, bequeathed and
devised to him as aforesaid shall on the happ-
-ening of that event pass over to and vest in
all my children and the children of my daugh-
-ter Mary Ann and their respective heirs and
assigns forever equally to be divided between
them, share and share alike, and my will fu-
-rther is that until my said grandson shall
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 183)
Description
[page 183]
[corresponds to labeled page 138 of Will Records Vol. 2 - 1835-1850]
138
arrive at the age of twenty one years if he
shall so long live, my two sons James
D'Wolf and Mark A. D'Wolf and my son
in law Jonathan Prescott Hall, and the
survivors and survivor of them whom I here-
-by appoint trustees for this purpose, shall have
the possession change and management of
all the property and estate both real and per-
-sonal herein before bequeathed and devised
to my said grandson, rent out the real estate
James D'Wolf, keep the same in rep-
-air and receive the rents, profits and in course
thereof, and also the dividends, income and
profits of all the personal property herein
before bequeathed to my said grandson and
at their discretion apply the same. or so much
thereof as they. may think proper towards the
support and education of my said grand-
-son and in case there be any surplus to in-
-vest the same from time to time at their
discretion in Bank or other stock in the
name and for the use and benefit of my
said grandson. which said trust I hereby
enjoin upon said trustees in the most
solemn manner faithfully to profit
Eleventh~ I give and devise to my executors here-
-inafter named to have and to hold to them as
joint tenants and not as tenants in common
upon the trusts following that is to say upon
trust for my daughter Catherine D'Wolf Dodge
wife of Joshua Dodge Esqr. First~ One fifth part
of all my lands and personal property in the State
of Ohio. Also~ One fourth part of my Arkwright
Cotton Manufacturing establishment--consisting
of all the real estate whereon the said establishm-
-ent is located and all the lands thereto attached
together with all the Cotton Mills, dwelling
houses and other buildings and improvemen-
-ts thereon being all the lands and real estate I
own in the towns of Scituate, Cranston and Cov-
[corresponds to labeled page 138 of Will Records Vol. 2 - 1835-1850]
138
arrive at the age of twenty one years if he
shall so long live, my two sons James
D'Wolf and Mark A. D'Wolf and my son
in law Jonathan Prescott Hall, and the
survivors and survivor of them whom I here-
-by appoint trustees for this purpose, shall have
the possession change and management of
all the property and estate both real and per-
-sonal herein before bequeathed and devised
to my said grandson, rent out the real estate
James D'Wolf, keep the same in rep-
-air and receive the rents, profits and in course
thereof, and also the dividends, income and
profits of all the personal property herein
before bequeathed to my said grandson and
at their discretion apply the same. or so much
thereof as they. may think proper towards the
support and education of my said grand-
-son and in case there be any surplus to in-
-vest the same from time to time at their
discretion in Bank or other stock in the
name and for the use and benefit of my
said grandson. which said trust I hereby
enjoin upon said trustees in the most
solemn manner faithfully to profit
Eleventh~ I give and devise to my executors here-
-inafter named to have and to hold to them as
joint tenants and not as tenants in common
upon the trusts following that is to say upon
trust for my daughter Catherine D'Wolf Dodge
wife of Joshua Dodge Esqr. First~ One fifth part
of all my lands and personal property in the State
of Ohio. Also~ One fourth part of my Arkwright
Cotton Manufacturing establishment--consisting
of all the real estate whereon the said establishm-
-ent is located and all the lands thereto attached
together with all the Cotton Mills, dwelling
houses and other buildings and improvemen-
-ts thereon being all the lands and real estate I
own in the towns of Scituate, Cranston and Cov-
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 184)
Description
[page 184]
[corresponds to labeled page 139 of Will Records Vol. 2 - 1835-1850]
139
ventry and consisting also of all the machinery and
tools and utensils to the same belonging.
Also, One hundred and five shares of the Capital
Stock of Bank of the United States being ten thou-
-sand five hundred dollars. Also two hundred
shares say five thousand dollars of the Capital
Stock of the Blackstone Canal Bank in Prov-
-idence. Also all the remainder of my lot
of land in the City of Baltimore called "Green
Hill" being about five acres, be the same more
or less, three house lots. W 1.2.3. having been al-
-ready given from said tract to James D'Wolf
3d and to my daughter Harriet Hall, also
my house and lot of land in Bristol now
occupied by my daughter Nancy Horner, being
bounded Westerly on Hope Street, Northwardly
on Jail lane; Eastwardly on the Jail lot and
Southwardly on land of Johathan Fales and
the heirs of Samuel Oxx deceased. Also my
lot of land which was a part to the Estate of the
late Jeremiah Ingraham, being bounded on
the North, the East and the South by lands of
Samuel C. Richmond and West by Wood Street
Also four hundred and fifty eight shares of the
Blackstone Canal Company stock, which stock
I consider to be worth about thirty four hundred
dollars. I also give and bequeath to my said
Executors in trust as aforesaid for the use and ben-
-efit of my daughter Josephine, to say one fifth part
of my lands and personal property in the State
of Ohio. Also~ one fourth part of my Arkwright
Cotton Manufacturing establishment consisting
of all the real estate whereon the said establishm-
-ent is located and all the lands thereto attach-
-ed, together with all the dwelling houses Cotton
Mills and other buildings and improvements
thereon being all the lands and real estate I own
in the towns of Cranston, Scituate and Coventry
and consisting also of all the machinery and tools
and utensils to the same belonging. Also~ One hundred
[corresponds to labeled page 139 of Will Records Vol. 2 - 1835-1850]
139
ventry and consisting also of all the machinery and
tools and utensils to the same belonging.
Also, One hundred and five shares of the Capital
Stock of Bank of the United States being ten thou-
-sand five hundred dollars. Also two hundred
shares say five thousand dollars of the Capital
Stock of the Blackstone Canal Bank in Prov-
-idence. Also all the remainder of my lot
of land in the City of Baltimore called "Green
Hill" being about five acres, be the same more
or less, three house lots. W 1.2.3. having been al-
-ready given from said tract to James D'Wolf
3d and to my daughter Harriet Hall, also
my house and lot of land in Bristol now
occupied by my daughter Nancy Horner, being
bounded Westerly on Hope Street, Northwardly
on Jail lane; Eastwardly on the Jail lot and
Southwardly on land of Johathan Fales and
the heirs of Samuel Oxx deceased. Also my
lot of land which was a part to the Estate of the
late Jeremiah Ingraham, being bounded on
the North, the East and the South by lands of
Samuel C. Richmond and West by Wood Street
Also four hundred and fifty eight shares of the
Blackstone Canal Company stock, which stock
I consider to be worth about thirty four hundred
dollars. I also give and bequeath to my said
Executors in trust as aforesaid for the use and ben-
-efit of my daughter Josephine, to say one fifth part
of my lands and personal property in the State
of Ohio. Also~ one fourth part of my Arkwright
Cotton Manufacturing establishment consisting
of all the real estate whereon the said establishm-
-ent is located and all the lands thereto attach-
-ed, together with all the dwelling houses Cotton
Mills and other buildings and improvements
thereon being all the lands and real estate I own
in the towns of Cranston, Scituate and Coventry
and consisting also of all the machinery and tools
and utensils to the same belonging. Also~ One hundred
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 185)
Description
[page 185]
[corresponds to labeled page 140 of Will Records Vol. 2 - 1835-1850]
140
and five shared of the Capital Stock of the Bank
of the United States. being ten thousand five
hundred dollar. Also~ One sixth part of my
lands in Louisvill or one sixth part of the pro-
-ceeds of said lands exclusive or independent of
~Jas D'Wolf~ what I have given to my son
James which one sixth I consider will be about
fifty thousand dollars during their respective
natural lives to keep the same funds, invested
in the best stocks or bonds and mortgages for
their interests should the present investmen-
-ts of said stock be paid or divided and to
pay the rents, issues incurred and profits
or dividends to my said daughters respectiv-
-ely during their respective natural lives upon
their several seperate receipts, free from the
control or dispositions of their respective husb-
-ands or of any future husband or husbands
and upon the decease of my said daughters respec-
-tively upon the trust to hold the share or shar-
-res of such daughter or daughters so dying to and
for the use of the child or children of such daugh-
-ter or daughters respectively their surviving and
of the issue of any child or children of such who
may die before his, her or their mother or moth-
-ers leaving issue and his, her or their heirs and
assigns forever, such issue respectively to have and
to take the shares which his her or their parent or
parents respectively would have been entitled to if
living. And further my will is that in case
either of my said daughters shall die without leav-
-ing any lawful issue then and in that case this
provision made for such daughter shall be equally
divided among all my children and my grand-
-son James D'Wolf or to their heirs share and share
alike. Twelfth~ All the rest residence and remain-
-der of my whole estate both real and personal and
of any kind and nature whatsoever and wheresoever
the same may be situated lying or being not herein
before disposed of, I give and devise to my executors here
[corresponds to labeled page 140 of Will Records Vol. 2 - 1835-1850]
140
and five shared of the Capital Stock of the Bank
of the United States. being ten thousand five
hundred dollar. Also~ One sixth part of my
lands in Louisvill or one sixth part of the pro-
-ceeds of said lands exclusive or independent of
~Jas D'Wolf~ what I have given to my son
James which one sixth I consider will be about
fifty thousand dollars during their respective
natural lives to keep the same funds, invested
in the best stocks or bonds and mortgages for
their interests should the present investmen-
-ts of said stock be paid or divided and to
pay the rents, issues incurred and profits
or dividends to my said daughters respectiv-
-ely during their respective natural lives upon
their several seperate receipts, free from the
control or dispositions of their respective husb-
-ands or of any future husband or husbands
and upon the decease of my said daughters respec-
-tively upon the trust to hold the share or shar-
-res of such daughter or daughters so dying to and
for the use of the child or children of such daugh-
-ter or daughters respectively their surviving and
of the issue of any child or children of such who
may die before his, her or their mother or moth-
-ers leaving issue and his, her or their heirs and
assigns forever, such issue respectively to have and
to take the shares which his her or their parent or
parents respectively would have been entitled to if
living. And further my will is that in case
either of my said daughters shall die without leav-
-ing any lawful issue then and in that case this
provision made for such daughter shall be equally
divided among all my children and my grand-
-son James D'Wolf or to their heirs share and share
alike. Twelfth~ All the rest residence and remain-
-der of my whole estate both real and personal and
of any kind and nature whatsoever and wheresoever
the same may be situated lying or being not herein
before disposed of, I give and devise to my executors here
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 186)
Description
[page 186]
[corresponds to labeled page 141 of Will Records Vol. 2 - 1835-1850]
141
in after named in trust for my aforesaid chil-
-dren namely James D'Wolf, the children of
my late daughter Mary Ann Sumner taken col-
-lectively and not separately so that the children
of my said daughter Mary Ann may have their
mothers portion were she alive and no more,
Mark Anthony D'Wolf, William Henry D'Wolf,
Harriet Hall, Catherine D'Wolf Dodge, Nancy-
B Horner, William Bradford D'Wolf and Jose-
-phine M. D'Wolf Lovett, and to my aforesaid
grandson James D'Wolf and their heirs for
the term of twenty years the rents, issues, in-
comes and profits or dividends to be paid to
my aforesaid children, grandsons, and the child-
-ren of my said daughter Mary Ann in ma-
nner aforesaid and their respective heirs for
said term of twenty years and to be paid an-
-ually and at the end of said twenty years the
aforesaid property or estate to be divided equally
between my said children and grandson and
the children of my said daughter Mary Ann
taken collectively and not separately so that
they shall have their mothers portion were she
alive and no more of their respective heir sho-
-uld any of them be dead share and share
alike. And it is my further will that my ex-
-ecutors herein after named do and I hereby
empower them to sell and dispose of and con-
-vey all my real and personal estate wheresoever
situated which shall form a part of the said
rest and residue of my estate at such time or tim-
-es and by Public Auction not private sale for
cash or upon credit as to them shall seem best
and most expedient and until they shall
deem expedient to sell the same to lease let
or devise the same from time to time upon
such terms, covenants and conditions and for
such times as they may judge expedient and
divide and pay the rents income and profits
of such real and personal estates so long as the
[corresponds to labeled page 141 of Will Records Vol. 2 - 1835-1850]
141
in after named in trust for my aforesaid chil-
-dren namely James D'Wolf, the children of
my late daughter Mary Ann Sumner taken col-
-lectively and not separately so that the children
of my said daughter Mary Ann may have their
mothers portion were she alive and no more,
Mark Anthony D'Wolf, William Henry D'Wolf,
Harriet Hall, Catherine D'Wolf Dodge, Nancy-
B Horner, William Bradford D'Wolf and Jose-
-phine M. D'Wolf Lovett, and to my aforesaid
grandson James D'Wolf and their heirs for
the term of twenty years the rents, issues, in-
comes and profits or dividends to be paid to
my aforesaid children, grandsons, and the child-
-ren of my said daughter Mary Ann in ma-
nner aforesaid and their respective heirs for
said term of twenty years and to be paid an-
-ually and at the end of said twenty years the
aforesaid property or estate to be divided equally
between my said children and grandson and
the children of my said daughter Mary Ann
taken collectively and not separately so that
they shall have their mothers portion were she
alive and no more of their respective heir sho-
-uld any of them be dead share and share
alike. And it is my further will that my ex-
-ecutors herein after named do and I hereby
empower them to sell and dispose of and con-
-vey all my real and personal estate wheresoever
situated which shall form a part of the said
rest and residue of my estate at such time or tim-
-es and by Public Auction not private sale for
cash or upon credit as to them shall seem best
and most expedient and until they shall
deem expedient to sell the same to lease let
or devise the same from time to time upon
such terms, covenants and conditions and for
such times as they may judge expedient and
divide and pay the rents income and profits
of such real and personal estates so long as the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 187)
Description
[page 187]
[corresponds to labeled page 142 of Will Records Vol. 2 - 1835-1850]
142
same shall remain unsold in the same
manner as I have herein before directed with
regard ~~ James D'Wolf~ to the shares
of my aforesaid children and grandson and I
also will and direct that the Sixty thousand dol-
-lars of stock in the Bank of Bristol herein
before appropriated to raise the semi annual
payments to my said wife shall on the death
of my said wife fall into and make part of
my residency estate and be appropriated as here-
-in directed in relation to such residency estate
so also in case my said wife shall elect to take
her dower in my estate, instead of the provisions
herein before made for her. Thirteenth~ In the
disposition herein before made of my ships and
other vessels of every description it is to be expressly
understood that my will is that my interest in the oufits and
returns of all ships and vessels engaged in the
business of whaling and in all the oil on board
the same are excluded and my interest in said
outfits, returns and oil shall fall into and
make part of the residue of my estate
Fourteenth~ And whereas it was my intention
in my said will to give said grandson
James D'Wolf such parts of my estate real and
personal as are therrein given to him only upon
the condition that he should attain to the age of
twenty four years. Now, I declare my will to be
that my said grandson James D'Wolf shall have
no part of my estate real or personal unless he
attains to the age of twenty four years but if he
dies before that time and not having married
and leave no legitimate child or children, then
all the aforesaid property real and personal
destined for and given to him in this my
will shall fall into and form part of the
residue of my estate to be disposed of accord-
-ingly. And my said executors shall be trust-
-ees for my said last mentioned grandson
until he arrives at the age of twenty four years
[corresponds to labeled page 142 of Will Records Vol. 2 - 1835-1850]
142
same shall remain unsold in the same
manner as I have herein before directed with
regard ~~ James D'Wolf~ to the shares
of my aforesaid children and grandson and I
also will and direct that the Sixty thousand dol-
-lars of stock in the Bank of Bristol herein
before appropriated to raise the semi annual
payments to my said wife shall on the death
of my said wife fall into and make part of
my residency estate and be appropriated as here-
-in directed in relation to such residency estate
so also in case my said wife shall elect to take
her dower in my estate, instead of the provisions
herein before made for her. Thirteenth~ In the
disposition herein before made of my ships and
other vessels of every description it is to be expressly
understood that my will is that my interest in the oufits and
returns of all ships and vessels engaged in the
business of whaling and in all the oil on board
the same are excluded and my interest in said
outfits, returns and oil shall fall into and
make part of the residue of my estate
Fourteenth~ And whereas it was my intention
in my said will to give said grandson
James D'Wolf such parts of my estate real and
personal as are therrein given to him only upon
the condition that he should attain to the age of
twenty four years. Now, I declare my will to be
that my said grandson James D'Wolf shall have
no part of my estate real or personal unless he
attains to the age of twenty four years but if he
dies before that time and not having married
and leave no legitimate child or children, then
all the aforesaid property real and personal
destined for and given to him in this my
will shall fall into and form part of the
residue of my estate to be disposed of accord-
-ingly. And my said executors shall be trust-
-ees for my said last mentioned grandson
until he arrives at the age of twenty four years
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 189)
Description
[page 189]
[corresponds to labeled page 144 of Will Records Vol. 2 - 1835-1850]
144
intention is and I therefore will that the
children of my said children and of any
one of my said children and the heirs of my
said children or any one of my said children
shall only take the share of his her or their
parent or parents and such portion of such
residue and the rents, issues, profits and
interest thereof as such parent or parents
would have taken if alive it being my inten-
tions that my grand children, and the heirs
of my said children and each of my children
shall only take the portion of him her or theirs
from whom he she or they may take receive,
or inherit the divisions to be made "per stirpes"
and not "free Captita". Lastly~ I do hereby
nominate constitute and appoint my
four sons namely~ James D. Wolf, Mark -
- Anthony D'Wolf, William Henry D'Wolf
and William Bradford D'Wolf and my
son-in-law Jonathan Prescott Hall Executors
of this my last will and testament and
I do hereby revoke and annul all and every
other Will or Will, Testament or Testaments
by me at any time heretofore made and
published and I do hereby declare this and
this only to be my last will and testament
In Witness whereof I have at the bottom
of the two first sheets of this my last will
and testament /the whole whereof is contained in
three sheets of paper/ subscribed my name and
to this third and last sheet set my hand and
seal this twenty eighth day of December AD
1836 ~~~ James D'Wolf {seal}
Signed sealed, published, processed and
declared by the above named James D'Wolf the
testator as and for his last will and testam-
-ent, in the presence who at his request in his
presence and in the presence of each other have
subscribed our names as witnesses thereto
[corresponds to labeled page 144 of Will Records Vol. 2 - 1835-1850]
144
intention is and I therefore will that the
children of my said children and of any
one of my said children and the heirs of my
said children or any one of my said children
shall only take the share of his her or their
parent or parents and such portion of such
residue and the rents, issues, profits and
interest thereof as such parent or parents
would have taken if alive it being my inten-
tions that my grand children, and the heirs
of my said children and each of my children
shall only take the portion of him her or theirs
from whom he she or they may take receive,
or inherit the divisions to be made "per stirpes"
and not "free Captita". Lastly~ I do hereby
nominate constitute and appoint my
four sons namely~ James D. Wolf, Mark -
- Anthony D'Wolf, William Henry D'Wolf
and William Bradford D'Wolf and my
son-in-law Jonathan Prescott Hall Executors
of this my last will and testament and
I do hereby revoke and annul all and every
other Will or Will, Testament or Testaments
by me at any time heretofore made and
published and I do hereby declare this and
this only to be my last will and testament
In Witness whereof I have at the bottom
of the two first sheets of this my last will
and testament /the whole whereof is contained in
three sheets of paper/ subscribed my name and
to this third and last sheet set my hand and
seal this twenty eighth day of December AD
1836 ~~~ James D'Wolf {seal}
Signed sealed, published, processed and
declared by the above named James D'Wolf the
testator as and for his last will and testam-
-ent, in the presence who at his request in his
presence and in the presence of each other have
subscribed our names as witnesses thereto
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 190)
Description
[page 190]
[corresponds to labeled page 145 of Will Records Vol. 2 - 1835-1850]
145
Levi D'Wolf, Byron Diman, Martin Bennett
State of Rhode Island &c Bristol Ss
Probate Office at Bristol in the County & State
aforesaid July 11th AD 1837. I William Throop
Clerk of the Court of Probate for said town of
Bristol do hereby certify the foregoing fourteen pri-
-nted pages to be a true copy of the last Will
and testament of James D'Wolf late of Bristol
deceased carefully compared with the original
by me which said will was on the 26th day of
January 1838 proved and approved as such
by said Court of Probate, said Instrument
having been previously lodged in this office and
notice given of the same in the Phoenix, a
Newspaper published weekly in said Bristol
and also by posting up notices in conformity
to the Statute of the State~~ And at a subsequ-
-ent meeting of said Court on the 20th day of
February 1838, James D'Wolf and Mark An-
-thony D'Wolf two of the Executors ^named in said will were approv-
-ed as such and that they are at this time legal-
-ly qualified to act in their aforesaid capacities
In testimony whereof I have hereunto set my
hand and affixed the seal of said Court at Bri-
-stol aforesaid the day and year first aforewritten
{seal} Wm Throop- Probt Clerk
State of Rhode Island County of Bristol Ss
Probate Office in Bristol in the County and State
aforesaid ~ July 13th AD 1837~
I hereby certify that Wm Throop whose signatu-
-re is affixed in his own proper hand writing to
the foregoing Probate certificate attached to the will
of James D'Wolf deceased, is the Clerk of said Court
of Probate for said town of Bristol, legally chosen
and engaged therein according to Law.
In testimony whereof I have hereunto set my
hand and affixed the seal of said Probate Court
the day and date heretofore written
{seal} Jos M Blake. President of said Court of
Probate
[corresponds to labeled page 145 of Will Records Vol. 2 - 1835-1850]
145
Levi D'Wolf, Byron Diman, Martin Bennett
State of Rhode Island &c Bristol Ss
Probate Office at Bristol in the County & State
aforesaid July 11th AD 1837. I William Throop
Clerk of the Court of Probate for said town of
Bristol do hereby certify the foregoing fourteen pri-
-nted pages to be a true copy of the last Will
and testament of James D'Wolf late of Bristol
deceased carefully compared with the original
by me which said will was on the 26th day of
January 1838 proved and approved as such
by said Court of Probate, said Instrument
having been previously lodged in this office and
notice given of the same in the Phoenix, a
Newspaper published weekly in said Bristol
and also by posting up notices in conformity
to the Statute of the State~~ And at a subsequ-
-ent meeting of said Court on the 20th day of
February 1838, James D'Wolf and Mark An-
-thony D'Wolf two of the Executors ^named in said will were approv-
-ed as such and that they are at this time legal-
-ly qualified to act in their aforesaid capacities
In testimony whereof I have hereunto set my
hand and affixed the seal of said Court at Bri-
-stol aforesaid the day and year first aforewritten
{seal} Wm Throop- Probt Clerk
State of Rhode Island County of Bristol Ss
Probate Office in Bristol in the County and State
aforesaid ~ July 13th AD 1837~
I hereby certify that Wm Throop whose signatu-
-re is affixed in his own proper hand writing to
the foregoing Probate certificate attached to the will
of James D'Wolf deceased, is the Clerk of said Court
of Probate for said town of Bristol, legally chosen
and engaged therein according to Law.
In testimony whereof I have hereunto set my
hand and affixed the seal of said Probate Court
the day and date heretofore written
{seal} Jos M Blake. President of said Court of
Probate
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 191)
Description
[page 191]
[corresponds with labeled page 146 of Will Records Vol. 2 - 1835-1850]
146
Pleas at a special Court, held at the Court House in Delaware
on the 26th day of Jany AD 1841 before the Honorable John
Brundige, John Lugenbeel & Ahab Jinks Esqr Associate
Judge of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
This day the last will & testament of Robert
Jamison decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing, approved & ordered to be recorded, and thereupon
Caleb Howard & Samuel Finley the Executors in said will
named refusing to act, as per file, on motion it is ordered
that letters of Administration with the will annexed be
granted to Robert Jamison & Solomon Smith who are
ordered to enter into bonds in the sum of $2000,00 c/ with
Sidney Moore & Caleb Howard as security And it is
further ordered that Robert Farris, Samuel Finley and
George Storm appraise the personal property of said
estate. In the name of the Benevolent Father
of all by whose mercies I am sustained and in whom I
make this my last will & testament as follows, to wit~
1st I will bequeath and devise unto my beloved wife
Easther in addition to her right of dower in my real
property as follows: I will and bequesth unto my said
beloved wife all the wearing apparrel of every Kind and
description which at my death may belong to either of
us, also one Cow, and one bed and bedding such as she
may select from my property and such other household
furniture as she may need to furnish a room for herself
comfortably. Also the use rents and profits of my rights
and interest in a house and lot in the town of Delaware
called and Known as the parsonage house in which the
Rev. M. McIlroy now resides for and during the term
of her natural life. 2ndly All the residue of my property
both personal and real I will bequeath and devise to be
divided after my just debts are paid, among Seven children
as follows, that is to say, the said property shall be divi-
-ded into eight shares, two of which shares shall be
[corresponds with labeled page 146 of Will Records Vol. 2 - 1835-1850]
146
Pleas at a special Court, held at the Court House in Delaware
on the 26th day of Jany AD 1841 before the Honorable John
Brundige, John Lugenbeel & Ahab Jinks Esqr Associate
Judge of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
This day the last will & testament of Robert
Jamison decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing, approved & ordered to be recorded, and thereupon
Caleb Howard & Samuel Finley the Executors in said will
named refusing to act, as per file, on motion it is ordered
that letters of Administration with the will annexed be
granted to Robert Jamison & Solomon Smith who are
ordered to enter into bonds in the sum of $2000,00 c/ with
Sidney Moore & Caleb Howard as security And it is
further ordered that Robert Farris, Samuel Finley and
George Storm appraise the personal property of said
estate. In the name of the Benevolent Father
of all by whose mercies I am sustained and in whom I
make this my last will & testament as follows, to wit~
1st I will bequeath and devise unto my beloved wife
Easther in addition to her right of dower in my real
property as follows: I will and bequesth unto my said
beloved wife all the wearing apparrel of every Kind and
description which at my death may belong to either of
us, also one Cow, and one bed and bedding such as she
may select from my property and such other household
furniture as she may need to furnish a room for herself
comfortably. Also the use rents and profits of my rights
and interest in a house and lot in the town of Delaware
called and Known as the parsonage house in which the
Rev. M. McIlroy now resides for and during the term
of her natural life. 2ndly All the residue of my property
both personal and real I will bequeath and devise to be
divided after my just debts are paid, among Seven children
as follows, that is to say, the said property shall be divi-
-ded into eight shares, two of which shares shall be
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 192)
Description
[page 192]
[corresponds with labeled page 147 of Will Records Vol. 2 - 1835-1850]
147
given to my oldest son Robert, and one share to each of my
other children, to wit, William, John, James, Hannah
Elizabeth and Easther one share each. 3rdly It is my
will and desire that my sons Robert & James shall have
the use, occupancy and profits of the sawmill and the
appertenants to the same belonging on the lot of land
which I purchased of Mr. Gardner for the term of five
years from the time it shall be put into operation as
compensation for the building the same. 4thly~ I will
and devise all my right, title and interest in & to the
aforesaid parsonage house after the expiration of the
use of the use as aforesaid for the life of my beloved
wife as aforesaid, to my grand daughter Angelina
E. Grinille daughter of my son James, and to her her
heirs and assigns forever, And it is my wish and desire
that the said right and interest should be applied to
the education of my said grand daughter under the
directions of its parents. 5thly~ I do hereby constitute
and appoint Caleb Howard and Samuel Finley
Executors of this my last will and testament. And
lastly I express it as my desire and hope that there shall
be no dispute or controversy between my said children
& heirs in relation to the division of my property, but
that all disputes or controvercies shall be amicably
settled between my said children, devisees and legatees
with the aid and advice of my said Executors without
any suits or litigation. Hereby revoking all former
wills & testaments and now declaring this to be my
last will and testament, and publishing the same as
such this first day of December AD 1837.
Robert Jamison
Signed and published by the said Robert Jamison as
his last will & testament in the presence of the undersigned
who at his request signed the same as witnesses thereto.
TW Powell, D T Fuller, S Finch~
The State of Ohio Delaware County; SS~~ "Personally appear-
-ed in open Court Thomas W. Powell & David T. Fuller
who being duly sworn upon their oaths say that the
paper now here produced in Court purporting to be
the last will and testament of Robert Jamison late
[corresponds with labeled page 147 of Will Records Vol. 2 - 1835-1850]
147
given to my oldest son Robert, and one share to each of my
other children, to wit, William, John, James, Hannah
Elizabeth and Easther one share each. 3rdly It is my
will and desire that my sons Robert & James shall have
the use, occupancy and profits of the sawmill and the
appertenants to the same belonging on the lot of land
which I purchased of Mr. Gardner for the term of five
years from the time it shall be put into operation as
compensation for the building the same. 4thly~ I will
and devise all my right, title and interest in & to the
aforesaid parsonage house after the expiration of the
use of the use as aforesaid for the life of my beloved
wife as aforesaid, to my grand daughter Angelina
E. Grinille daughter of my son James, and to her her
heirs and assigns forever, And it is my wish and desire
that the said right and interest should be applied to
the education of my said grand daughter under the
directions of its parents. 5thly~ I do hereby constitute
and appoint Caleb Howard and Samuel Finley
Executors of this my last will and testament. And
lastly I express it as my desire and hope that there shall
be no dispute or controversy between my said children
& heirs in relation to the division of my property, but
that all disputes or controvercies shall be amicably
settled between my said children, devisees and legatees
with the aid and advice of my said Executors without
any suits or litigation. Hereby revoking all former
wills & testaments and now declaring this to be my
last will and testament, and publishing the same as
such this first day of December AD 1837.
Robert Jamison
Signed and published by the said Robert Jamison as
his last will & testament in the presence of the undersigned
who at his request signed the same as witnesses thereto.
TW Powell, D T Fuller, S Finch~
The State of Ohio Delaware County; SS~~ "Personally appear-
-ed in open Court Thomas W. Powell & David T. Fuller
who being duly sworn upon their oaths say that the
paper now here produced in Court purporting to be
the last will and testament of Robert Jamison late
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 193)
Description
[page 193]
[corresponds to labeled page 148 of Will Records Vol. 2 - 1835-1850]
148
of the said County decd bearing date the first day of
December AD 1837 was signed published and declared
as his last will & testament at the town of Delaware
on the day of the date thereof, or thereabouts in our
presence and that we the said witnesses then and there
in his presence and in the presence of each other, and
at his request signed our names thereto as witnesses.
That the said Robert Jamison at the time of the execution
thereof as aforesaid was of about the age of sixty years
and of sound mind and memory and not acting under
any restraint, and further say not. T.W. Powell
Subscribed & sworn to in open Court, DT. Fuller
Special Session Jany 26th 1841~ WD Heim Clerk~
Also at same time came S Finch & being duly
sworn deposed & says that he has examined the said will
& finds that his name is thereto subscribed is in his own
proper hand writing and he is satisfied from this fact
that he at the time of the execution thereof understood
& believed that the facts above stated in the depositions
of T.W. Powell & D.T. Fuller are true & he still believes them
to be true because he would not have subscribed said will
as a witness if he had not so believed at the time.
Subscribed & sworn to in open Court, S. Finch~
Special Session Jany 26th 1841~ WD Heim Clerk~
Recorded the foregoing Will Ss Feby 4th 1841
Attest~ WD Heim Clerk~
Pleas held at the court House in Delaware on the 21st day
of April AD 1841, before the Honorable Joseph R. Swan Pres-
-ident & John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associate Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio
Delaware County SS.
This day the last will & testament of John B Grist decd was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved & ordered to be
recorded. And thereupon came into Court Abagail Grist widow
of said deceased & made her election to take under the will.
[corresponds to labeled page 148 of Will Records Vol. 2 - 1835-1850]
148
of the said County decd bearing date the first day of
December AD 1837 was signed published and declared
as his last will & testament at the town of Delaware
on the day of the date thereof, or thereabouts in our
presence and that we the said witnesses then and there
in his presence and in the presence of each other, and
at his request signed our names thereto as witnesses.
That the said Robert Jamison at the time of the execution
thereof as aforesaid was of about the age of sixty years
and of sound mind and memory and not acting under
any restraint, and further say not. T.W. Powell
Subscribed & sworn to in open Court, DT. Fuller
Special Session Jany 26th 1841~ WD Heim Clerk~
Also at same time came S Finch & being duly
sworn deposed & says that he has examined the said will
& finds that his name is thereto subscribed is in his own
proper hand writing and he is satisfied from this fact
that he at the time of the execution thereof understood
& believed that the facts above stated in the depositions
of T.W. Powell & D.T. Fuller are true & he still believes them
to be true because he would not have subscribed said will
as a witness if he had not so believed at the time.
Subscribed & sworn to in open Court, S. Finch~
Special Session Jany 26th 1841~ WD Heim Clerk~
Recorded the foregoing Will Ss Feby 4th 1841
Attest~ WD Heim Clerk~
Pleas held at the court House in Delaware on the 21st day
of April AD 1841, before the Honorable Joseph R. Swan Pres-
-ident & John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associate Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio
Delaware County SS.
This day the last will & testament of John B Grist decd was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing, approved & ordered to be
recorded. And thereupon came into Court Abagail Grist widow
of said deceased & made her election to take under the will.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 194)
Description
[page 194]
[corresponds to labeled page 149 of Will Records Vol. 2 - 1835-1850]
149
To all people to whom these presents shall x Greeting
Know ye that I John B Grist of the Township of Berkshire
in the County of Delaware & State of Ohio~ do make my last
will & testament in the words & form following. first it is my
will that my funeral expenses and all my just debts be fully paid
Secondly I give, devise & bequeath to my beloved wife Abagail
Grist in lieu of her dower the plantation on which we now live
situate in the township & County above named, containing
about Ninety acres, during her natural life and all the live
stock by me now owned & kept thereon, also all the household & fur-
-niture and other property that may be on the farm at the time
of my death. She however disposing of al sufficiency thereof to pay
my just debts as aforesaid~ And at the death of my said Wife
all the property hereby devised & bequeathed to her as aforesaid
or so much thereof as may then remain unexpended, I give and
bequeath to my two sons, John W Grist and Edwin A Grist
with the exception of One Hundred dollars thereof of the said
property I give and bequeath to my youngest daughter
Aby Ann Grist when she is eighteen years of age.
Third I give and devise to my oldest son George Grist Thirty
acres of land adjoining the aforesaid premises on the North
being thirty acres I bought off of the Skeels farm so called
with the condition of his paying to Mahala Walker my
oldest daughter. One hundred dollars, and also to Eunice
Weeks my next oldest daughter One hundred dollars in
one year after my death, possession of the said thirty acres
of land to be given to my said son George at my death but
my daughter Mahala and Eunice is to have a perpetual
lien on said thirty acres of land till the payment of the afore-
-said sums of One hundred dollars each is paid. Lastly
I appoint my wife Abagail Grist to be the Executor of this my
last will & testament intestimony thereof I have hereunto set
my hand and seal this nineteenth day of September 1840.
Signed, Sealed and John x [his mark] B Grist {seal}
published as his last & testament
in the presence of Joseph Patatrick. V.C. Atherton, Henry Lott
Mary Lott~
The State of Ohio Delaware County SS.
Court of Common Pleas April Term 1841~
Joseph Patrick & Valentine C Atherton being duly sworn in
[corresponds to labeled page 149 of Will Records Vol. 2 - 1835-1850]
149
To all people to whom these presents shall x Greeting
Know ye that I John B Grist of the Township of Berkshire
in the County of Delaware & State of Ohio~ do make my last
will & testament in the words & form following. first it is my
will that my funeral expenses and all my just debts be fully paid
Secondly I give, devise & bequeath to my beloved wife Abagail
Grist in lieu of her dower the plantation on which we now live
situate in the township & County above named, containing
about Ninety acres, during her natural life and all the live
stock by me now owned & kept thereon, also all the household & fur-
-niture and other property that may be on the farm at the time
of my death. She however disposing of al sufficiency thereof to pay
my just debts as aforesaid~ And at the death of my said Wife
all the property hereby devised & bequeathed to her as aforesaid
or so much thereof as may then remain unexpended, I give and
bequeath to my two sons, John W Grist and Edwin A Grist
with the exception of One Hundred dollars thereof of the said
property I give and bequeath to my youngest daughter
Aby Ann Grist when she is eighteen years of age.
Third I give and devise to my oldest son George Grist Thirty
acres of land adjoining the aforesaid premises on the North
being thirty acres I bought off of the Skeels farm so called
with the condition of his paying to Mahala Walker my
oldest daughter. One hundred dollars, and also to Eunice
Weeks my next oldest daughter One hundred dollars in
one year after my death, possession of the said thirty acres
of land to be given to my said son George at my death but
my daughter Mahala and Eunice is to have a perpetual
lien on said thirty acres of land till the payment of the afore-
-said sums of One hundred dollars each is paid. Lastly
I appoint my wife Abagail Grist to be the Executor of this my
last will & testament intestimony thereof I have hereunto set
my hand and seal this nineteenth day of September 1840.
Signed, Sealed and John x [his mark] B Grist {seal}
published as his last & testament
in the presence of Joseph Patatrick. V.C. Atherton, Henry Lott
Mary Lott~
The State of Ohio Delaware County SS.
Court of Common Pleas April Term 1841~
Joseph Patrick & Valentine C Atherton being duly sworn in
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 195)
Description
[page 195]
[corresponds to labeled page 150 of Will Records Vol. 2 - 1835-1850]
150
open Court upon their oaths say that the paper now here pro-
-duced in open Court & purporting to be the last will & testament
of John B Grist decd & dated the Nineteenth day of September
1840, was duly executed by the said John B. Grist & published
as his last will & testament in our presence at his residence
in Berkshire on the day of the date thereof~ That we the
said affiants saw him there make his mark to his sig-
-nature thereto~ that we then & there at his request in his
presence & in the presence of each other signed our names
as witnesses thereto~ that he was at the time thereof of sound
mind & memory of the age of about Sixty years and acting
under no restraint. Joseph Patrick, V.C. Atherton
Subscribed & sworn to in open Court April Term 1841
W.D. Heim Clerk~
Recorded the foregoing will & &c April 30th 1841
Attest W.D. Heim Clerk
Pleas held at the Court House in Delaware on the 22d
day of April AD 1841~ before the Honorable Joseph R Swan
President & John Brunnige, John Lugenbeel & Ahab Jinks Esqr
his Associates, Judges of the Court of Common Pleas in & for
the County of Delaware in the State of Ohio
Delaware County SS
This day the last will & testament of Jeremiah Roberts decd
was produced in open Court & proved by the testimony of the
Subscribing witnesses thereto as reduced to writing, approved
& ordered to be recorded & thereupon on motion of Mary Roberts
& Jonathan Coomer the executors in said will named. It is
ordered that letters testamentary be granted them upon their en-
-tering into bonds in the sum of $600.00 & with S. S. Winsor &
Ezra Olds as security & it is further ordered that William T. Sharp
Henry Clive Jr & Christian Black appraise the personal prop-
-erty of said Estate.
In the name of the Benevolent Father of all
I Jeremiah Roberts of Marlborough Township, Delaware
County and State of Ohio do make & publish this my last
will and testament
Item 1st I give & devise to my beloved wife in lieu of her
[corresponds to labeled page 150 of Will Records Vol. 2 - 1835-1850]
150
open Court upon their oaths say that the paper now here pro-
-duced in open Court & purporting to be the last will & testament
of John B Grist decd & dated the Nineteenth day of September
1840, was duly executed by the said John B. Grist & published
as his last will & testament in our presence at his residence
in Berkshire on the day of the date thereof~ That we the
said affiants saw him there make his mark to his sig-
-nature thereto~ that we then & there at his request in his
presence & in the presence of each other signed our names
as witnesses thereto~ that he was at the time thereof of sound
mind & memory of the age of about Sixty years and acting
under no restraint. Joseph Patrick, V.C. Atherton
Subscribed & sworn to in open Court April Term 1841
W.D. Heim Clerk~
Recorded the foregoing will & &c April 30th 1841
Attest W.D. Heim Clerk
Pleas held at the Court House in Delaware on the 22d
day of April AD 1841~ before the Honorable Joseph R Swan
President & John Brunnige, John Lugenbeel & Ahab Jinks Esqr
his Associates, Judges of the Court of Common Pleas in & for
the County of Delaware in the State of Ohio
Delaware County SS
This day the last will & testament of Jeremiah Roberts decd
was produced in open Court & proved by the testimony of the
Subscribing witnesses thereto as reduced to writing, approved
& ordered to be recorded & thereupon on motion of Mary Roberts
& Jonathan Coomer the executors in said will named. It is
ordered that letters testamentary be granted them upon their en-
-tering into bonds in the sum of $600.00 & with S. S. Winsor &
Ezra Olds as security & it is further ordered that William T. Sharp
Henry Clive Jr & Christian Black appraise the personal prop-
-erty of said Estate.
In the name of the Benevolent Father of all
I Jeremiah Roberts of Marlborough Township, Delaware
County and State of Ohio do make & publish this my last
will and testament
Item 1st I give & devise to my beloved wife in lieu of her
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 196)
Description
[page 196]
[corresponds to labeled page 151 of Will Records Vol. 2 - 1835-1850]
151
dower the farm on which we now reside, situate in Marlborough
Township, Delaware County aforesaid, containing about Twenty
acres, during her natural life and all the stock, household goods,
furniture, provisions and other goods & chattels which may be
thereon at the time of my decease during her natural life as
aforesaid she however selling so much thereof as may be suf-
-ficient to paying my just debts
Item 2nd At the death of my said wife the real estate aforesaid
and such part of the said personal property or the proceeds
thereof as may then remain unexpended I give and devise to be
equally divided among my children viz. William J Roberts
Polly Hoskins, Sally Plumb, Delilah Hopkins, Perneloby
Smith, and Experience Smith and their heirs.
Item 3rd I hereby constitute and appoint my wife Mary
Roberts and Jonathan Coomer Executors of this my last will
and testament
In testimony whereof I have hereunto set my hand & seal
this twentieth day of February in the year of my Lord One thous-
-and Eight hundred and forty one
Jeremiah Roberts {seal}
Signed and acknowledged by
said Jeremiah Roberts as his last will & testament in our
presence and signed by us in his presence.
Joseph W Elliott~
Jonathan Coomer~
State of Ohio Delaware County SS
Court of Common Pleas April Term 1841~
Personally came Joseph W Elliott and Jonathan Coomer
the subscribing witnesses to the within will who made Solemn
oath that they were present at the execution of said will by the
testator Jeremiah Roberts, that said testator was more than
twenty one years of age of sound mind & memory & not acting
under any restraint and further that said testators name
was signed by Joseph W Elliott at the particular request of sd
Jeremiah Roberts and in his presence and in the presence of
each of the subscribing witness. Jonathan Coomer
Joseph W Elliott
Sworn & subscribed in open Court April Term 1841
WD Heim Clerk
Recorded the foregoing will May 1st 1841
Attest WD Heim Clerk~
[corresponds to labeled page 151 of Will Records Vol. 2 - 1835-1850]
151
dower the farm on which we now reside, situate in Marlborough
Township, Delaware County aforesaid, containing about Twenty
acres, during her natural life and all the stock, household goods,
furniture, provisions and other goods & chattels which may be
thereon at the time of my decease during her natural life as
aforesaid she however selling so much thereof as may be suf-
-ficient to paying my just debts
Item 2nd At the death of my said wife the real estate aforesaid
and such part of the said personal property or the proceeds
thereof as may then remain unexpended I give and devise to be
equally divided among my children viz. William J Roberts
Polly Hoskins, Sally Plumb, Delilah Hopkins, Perneloby
Smith, and Experience Smith and their heirs.
Item 3rd I hereby constitute and appoint my wife Mary
Roberts and Jonathan Coomer Executors of this my last will
and testament
In testimony whereof I have hereunto set my hand & seal
this twentieth day of February in the year of my Lord One thous-
-and Eight hundred and forty one
Jeremiah Roberts {seal}
Signed and acknowledged by
said Jeremiah Roberts as his last will & testament in our
presence and signed by us in his presence.
Joseph W Elliott~
Jonathan Coomer~
State of Ohio Delaware County SS
Court of Common Pleas April Term 1841~
Personally came Joseph W Elliott and Jonathan Coomer
the subscribing witnesses to the within will who made Solemn
oath that they were present at the execution of said will by the
testator Jeremiah Roberts, that said testator was more than
twenty one years of age of sound mind & memory & not acting
under any restraint and further that said testators name
was signed by Joseph W Elliott at the particular request of sd
Jeremiah Roberts and in his presence and in the presence of
each of the subscribing witness. Jonathan Coomer
Joseph W Elliott
Sworn & subscribed in open Court April Term 1841
WD Heim Clerk
Recorded the foregoing will May 1st 1841
Attest WD Heim Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 197)
Description
[page 197]
[corresponds to labeled page 152 of Will Records Vol. 2 - 1835-1850]
152
Pleas held at the Court House in Delaware on the 27th day of
April AD 1841, before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his Asso-
-ciates Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
Delaware County SS
This day the last will & testament of Fancher Brown decd
was produced in open Court & proved by the testamony of the sub-
-scribing witnesses thereto as reduced to writing approved & ordered
to be recorded. The Executors named in said will refusing to
act & the widow Catherine Brown first giving notice in open
Court that she did not desire to Administer upon said Estate
but recommended the appointment of Charles Dodge as the
Administrator thereupon Daniel Brown the oldest son
of the deceased appeared in open Court & asked to be appointed
Administrator on said Estate & the said Catherine Brown there
moved the Court that they appoint her the Administratrix on
said Estate & gave notice that she declined taking under the will
but would claim her dower at law. The said Daniel Brown
then proved that said Catherine is incompetent to discharge the
duties of an Administratrix. Thereupon the Court appoint
the said Daniel Brown Admr on said Estate with the will
annexed & that he enter into bonds in the sum of $2000.00?
with Ananias C Leak & Benjamin R Ward as security. And
it is further ordered that Silas Ogden, Samuel Carver & Andrew
Herring appraise the personal property of said Estate.
I Fancher Brown of Trenton Township Delaware
County and State of Ohio, being weak in body but of sound and
sane mind as by these present make my last will & testament
Hereby willing & bequeathing to my wife Catherine the use of all
my property consisting in notes of homes and all personal prop-
-erty to me belonging or to me in any wise appertaining after
all my houses debts which I will shall be firstly paid as long
as my wife Catherine remaining widow, and if in any case
she marry before her death there what monies and property
she has the use of is to go to my children and also if she remains
my widow until the time of her death she is to have the use
of all my property and after that to be equally divided among
my legal heirs. And I also hereby make choice of Charles Armst-
-rong and Allen McLane and do appoint them as my Executors
[corresponds to labeled page 152 of Will Records Vol. 2 - 1835-1850]
152
Pleas held at the Court House in Delaware on the 27th day of
April AD 1841, before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his Asso-
-ciates Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
Delaware County SS
This day the last will & testament of Fancher Brown decd
was produced in open Court & proved by the testamony of the sub-
-scribing witnesses thereto as reduced to writing approved & ordered
to be recorded. The Executors named in said will refusing to
act & the widow Catherine Brown first giving notice in open
Court that she did not desire to Administer upon said Estate
but recommended the appointment of Charles Dodge as the
Administrator thereupon Daniel Brown the oldest son
of the deceased appeared in open Court & asked to be appointed
Administrator on said Estate & the said Catherine Brown there
moved the Court that they appoint her the Administratrix on
said Estate & gave notice that she declined taking under the will
but would claim her dower at law. The said Daniel Brown
then proved that said Catherine is incompetent to discharge the
duties of an Administratrix. Thereupon the Court appoint
the said Daniel Brown Admr on said Estate with the will
annexed & that he enter into bonds in the sum of $2000.00?
with Ananias C Leak & Benjamin R Ward as security. And
it is further ordered that Silas Ogden, Samuel Carver & Andrew
Herring appraise the personal property of said Estate.
I Fancher Brown of Trenton Township Delaware
County and State of Ohio, being weak in body but of sound and
sane mind as by these present make my last will & testament
Hereby willing & bequeathing to my wife Catherine the use of all
my property consisting in notes of homes and all personal prop-
-erty to me belonging or to me in any wise appertaining after
all my houses debts which I will shall be firstly paid as long
as my wife Catherine remaining widow, and if in any case
she marry before her death there what monies and property
she has the use of is to go to my children and also if she remains
my widow until the time of her death she is to have the use
of all my property and after that to be equally divided among
my legal heirs. And I also hereby make choice of Charles Armst-
-rong and Allen McLane and do appoint them as my Executors
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 198)
Description
[page 198]
[corresponds to labeled page 153 of Will Records Vol. 2 - 1835-1850]
153
of this my last will and testament. In witness hereof I have
set my hand & seal in the year of our Lord One thousand Eight hun
dred and forty one. March the x
Fancher Brown {seal}
Witness by us
John Armstrong, Evaline Huff,
The State of Ohio Delaware County SS
Court of Common Pleas at April Term AD 1841~
John Armstrong and Evaline Huff being duly sworn
in open Court upon their oaths say that the paper was here pro-
-duced in open Court purporting to be the last will & testam-
-ent of Fancher Brown and dated March the _ 1841 was
duly executed by the said Faucher Brown and published
as his last will and testament in the presence of us the said
officiats at his residence in Trenton Township in the said
County on the day of March 1841. That we the said
officiats saw him the said Brown sign his name thereto
that we then & there at his request in his presence and in the
presence of each other signed our names as witnesses thereto~
That he was at the time thereof of sound mind and memory
of about the age of Sixty years and acting under no restraint
Subscribed & Sworn to in open John Armstrong
Court April Term 1841 Evaline Huff
WD Heim Clerk
Recorded the foregoing will May 3rd AD 1841
Attest WD Heim Clerk~
Pleas held at the Court House in Delaware on the 17th day
of September AD 1840 before the Honorable Joseph R
Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of Com-
-mon Pleas in & for the County of Delaware in the State of
Ohio~ Delaware County; Ss
This day the last will & testament of Timothy
Andrews decd was produced in open Court & the testimony
of Lemuel Humphrey one of the subscribing witnesses
reduced to writing & filed, and thereupon a codicil
to said will was produced in open Court & proved by
[corresponds to labeled page 153 of Will Records Vol. 2 - 1835-1850]
153
of this my last will and testament. In witness hereof I have
set my hand & seal in the year of our Lord One thousand Eight hun
dred and forty one. March the x
Fancher Brown {seal}
Witness by us
John Armstrong, Evaline Huff,
The State of Ohio Delaware County SS
Court of Common Pleas at April Term AD 1841~
John Armstrong and Evaline Huff being duly sworn
in open Court upon their oaths say that the paper was here pro-
-duced in open Court purporting to be the last will & testam-
-ent of Fancher Brown and dated March the _ 1841 was
duly executed by the said Faucher Brown and published
as his last will and testament in the presence of us the said
officiats at his residence in Trenton Township in the said
County on the day of March 1841. That we the said
officiats saw him the said Brown sign his name thereto
that we then & there at his request in his presence and in the
presence of each other signed our names as witnesses thereto~
That he was at the time thereof of sound mind and memory
of about the age of Sixty years and acting under no restraint
Subscribed & Sworn to in open John Armstrong
Court April Term 1841 Evaline Huff
WD Heim Clerk
Recorded the foregoing will May 3rd AD 1841
Attest WD Heim Clerk~
Pleas held at the Court House in Delaware on the 17th day
of September AD 1840 before the Honorable Joseph R
Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of Com-
-mon Pleas in & for the County of Delaware in the State of
Ohio~ Delaware County; Ss
This day the last will & testament of Timothy
Andrews decd was produced in open Court & the testimony
of Lemuel Humphrey one of the subscribing witnesses
reduced to writing & filed, and thereupon a codicil
to said will was produced in open Court & proved by
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 199)
Description
[page 199]
[corresponds to labeled page 154 of Will Records Vol. 2 - 1835-1850]
154
the testimony of the subscribing witnesses thereto as reduced
to writing, which is approved by the Court. And it appear-
ing to the satisfaction of the Court that Joshua W Bebout
the other subscribing witness to the said will is a resident
of Crawford County in this State on motion ordered
that a Commission issue with the said will annexed
to Timothy Andrews Esqr to take the deposition of the
said Joshua W. Bebout as to the execution of the said
last will & testament, & report the same to the next term
of this Court, to which time this matter is continued
And afterwards, to wit, at the April Term of the Court
of Common Pleas, held for said County, for the year 1841.
The following proceedings were had & entered in regard to
said will, to wit~ This day Timothy Andrews the
Commissioner heretofore appointed to take the deposition
of Joshua W. Bebout touching the execution of the last
will & testament of Timothy Andrews decd made report
of his proceedings with the proof by him taken, & the
Court upon examination of the matter consider said
will duly proved & order the same to be recorded.
In the name of God, Amen, I Timothy Andrews of
Liberty Township, Delaware County and State of Ohio
being sound and perfect mind and memory do make and
publish this my last will and testament in manner and
form following, that is to say. First~ I give and bequeath
unto my well beloved wife Mary Andrews one equal
third part of all my real estate during her life time also
one horse with thirty dollars, one Cow and the use of
my dwelling House, so long as she shall remain my
widow and no longer. I do also give and bequeath unto
my oldest son Lyman Andrews lands as follows all
west of the road running North and South through my
farm. I do also give and bequeath unto my son Timothy
Andrews lands as follows all east of the road running
north and south through my farm. I do also give &
bequeath unto my daughter Clarissa Goodrich the sum
of ten dollars to be paid by my son Timothy two years
after my death. I do also give to my daughter Flora
Shadoe the sum of ten dollars to be paid by my son
Timothy two years after my death. I do also give &
[corresponds to labeled page 154 of Will Records Vol. 2 - 1835-1850]
154
the testimony of the subscribing witnesses thereto as reduced
to writing, which is approved by the Court. And it appear-
ing to the satisfaction of the Court that Joshua W Bebout
the other subscribing witness to the said will is a resident
of Crawford County in this State on motion ordered
that a Commission issue with the said will annexed
to Timothy Andrews Esqr to take the deposition of the
said Joshua W. Bebout as to the execution of the said
last will & testament, & report the same to the next term
of this Court, to which time this matter is continued
And afterwards, to wit, at the April Term of the Court
of Common Pleas, held for said County, for the year 1841.
The following proceedings were had & entered in regard to
said will, to wit~ This day Timothy Andrews the
Commissioner heretofore appointed to take the deposition
of Joshua W. Bebout touching the execution of the last
will & testament of Timothy Andrews decd made report
of his proceedings with the proof by him taken, & the
Court upon examination of the matter consider said
will duly proved & order the same to be recorded.
In the name of God, Amen, I Timothy Andrews of
Liberty Township, Delaware County and State of Ohio
being sound and perfect mind and memory do make and
publish this my last will and testament in manner and
form following, that is to say. First~ I give and bequeath
unto my well beloved wife Mary Andrews one equal
third part of all my real estate during her life time also
one horse with thirty dollars, one Cow and the use of
my dwelling House, so long as she shall remain my
widow and no longer. I do also give and bequeath unto
my oldest son Lyman Andrews lands as follows all
west of the road running North and South through my
farm. I do also give and bequeath unto my son Timothy
Andrews lands as follows all east of the road running
north and south through my farm. I do also give &
bequeath unto my daughter Clarissa Goodrich the sum
of ten dollars to be paid by my son Timothy two years
after my death. I do also give to my daughter Flora
Shadoe the sum of ten dollars to be paid by my son
Timothy two years after my death. I do also give &
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 200)
Description
[page 200]
[corresponds to labeled page 155 of Will Records Vol. 2 - 1835-1850]
155
bequeath to my daughter Anna Andrews twenty dollars
to be paid by my son Lyman to be paid two years after
my death. I do also give all my movable property to my
two sons Lyman and Timothy excepting household fur-
-niture which I bequeath to my wife Mary to posess so
long as she shall live and after her death to be equal
divided between my three daughters above named. And
further more its my will that my two sons Lyman and
Timothy shall equally pay all my just debts and funeral
charges. It is my will that if any one of my heirs that
have been bequeathed shall bring any claims against
my Estate shall be debarred from all privileges in this
will which are older than this date, And I do hereby
appoint my two sons Lyman & Timothy Executors x this
my last will and testament hereby revoking all former
wills by me made. In testimony whereof I have hereunto
set my hand and seal this 10th day of April in the year
of our Lord 1834. Timothy Andrews {seal}
Signed sealed published and declared by the above
named Timothy Andrews to be his last will & testament
in the presence of us who have hereunto subscribed our
names, as witnesses, in the presence of each other and in the
presence of the testator~ Lemuel Humphrey
Joseph W Rebout~
Whereas I, Timothy Andrews have previous to this date
made my last will and testament and lodged the same
in the hands of Lemuel Humphrey for safe keeping do
hereby declare the following to be a codicil to the same.
I do hereby revoke so much of my former will as gives my
wife Mary a Horse. I do hereby give and bequeath to my
wife Mary my chesnut sorrel breeding mare. I do hereby
give and bequeath to my sons Lyman & Timothy all my
moveable estate except my household furniture and that
they for the same shall furnish my wife Mary with a
good new side saddle. I also give and bequeath to my
daughter Flora the above named side saddle at the death
of my wife Mary. I also give and bequeath to my daughter
Clarissa twenty dollars of the note of hand I hold against
Augustus Case. I also give and bequeath to my daughter
Ann ten dollars of the note I hold against Augustus Case
[corresponds to labeled page 155 of Will Records Vol. 2 - 1835-1850]
155
bequeath to my daughter Anna Andrews twenty dollars
to be paid by my son Lyman to be paid two years after
my death. I do also give all my movable property to my
two sons Lyman and Timothy excepting household fur-
-niture which I bequeath to my wife Mary to posess so
long as she shall live and after her death to be equal
divided between my three daughters above named. And
further more its my will that my two sons Lyman and
Timothy shall equally pay all my just debts and funeral
charges. It is my will that if any one of my heirs that
have been bequeathed shall bring any claims against
my Estate shall be debarred from all privileges in this
will which are older than this date, And I do hereby
appoint my two sons Lyman & Timothy Executors x this
my last will and testament hereby revoking all former
wills by me made. In testimony whereof I have hereunto
set my hand and seal this 10th day of April in the year
of our Lord 1834. Timothy Andrews {seal}
Signed sealed published and declared by the above
named Timothy Andrews to be his last will & testament
in the presence of us who have hereunto subscribed our
names, as witnesses, in the presence of each other and in the
presence of the testator~ Lemuel Humphrey
Joseph W Rebout~
Whereas I, Timothy Andrews have previous to this date
made my last will and testament and lodged the same
in the hands of Lemuel Humphrey for safe keeping do
hereby declare the following to be a codicil to the same.
I do hereby revoke so much of my former will as gives my
wife Mary a Horse. I do hereby give and bequeath to my
wife Mary my chesnut sorrel breeding mare. I do hereby
give and bequeath to my sons Lyman & Timothy all my
moveable estate except my household furniture and that
they for the same shall furnish my wife Mary with a
good new side saddle. I also give and bequeath to my
daughter Flora the above named side saddle at the death
of my wife Mary. I also give and bequeath to my daughter
Clarissa twenty dollars of the note of hand I hold against
Augustus Case. I also give and bequeath to my daughter
Ann ten dollars of the note I hold against Augustus Case
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 201)
Description
[page 201]
[corresponds to labeled page 156 of Will Records Vol. 2 - 1835-1850]
156
I also will that my sons Lyman & Timothy pay my honest
debts, August 15th 1840~ Timothy Andrews {seal}
In witness whereof~ Josiah Fisher~ Davis Clark~
The State of Ohio Delaware County, SS
In the Court of Common Pleas, September Term AD 1840~
Josiah Fisher & David Clark appeared in open Court
& being duly sworn upon their oaths do say that the x
now here produced in open court & purporting to be a
codicil to the last will and testament of Timothy Andrews
late decd bearing date August 15th 1840 was by the said
Timothy Andrews on the day of the date thereof, at his
residence in Liberty township, in said County published
& declared as a codicil to his last will & testament, that
he the said Timothy then & there in our own presence in
his own proper person signed & sealed the same by the hand
of Josiah Fisher & at his request we then & there in his presence
at his request and in the presence of each other subscribed
the same as witnesses, that the said Timothy Andrews x
then about seventy four years of age of sound mind and
memory and not acting under any restraint and further
say not~ Josiah Fisher~ David Clark~
Subscribed & sworn to in open Court this 17th day of
Sept. 1840~ WD Heim Clerk~
The State of Ohio Delaware County SS
In the Court of Common Pleas September Term 1840~
Samuel Humphrey appeared in open Court & being duly
sworn upon his oath says that the paper now here produced
in open Court purporting to be the last will & testament of
Timothy Andrews bearing date on the 10th day of April AD
1834 was by the said Timothy Andrews on the day of the
date thereof at the residence of Samuel Humphrey in
Liberty Township in said County published & declared as
his last will & testament, that he said Timothy then & there
in our own person signed & sealed the same as his said last
will with his own hand and we then and there in his
presence at his request and in the presence of the other
subscribing witness, that the said Timothy Andrews was
then about sixty eight years of age of sound mind and
memory and not acting under any restraint and
further say not. Lemuel Humphrey
[corresponds to labeled page 156 of Will Records Vol. 2 - 1835-1850]
156
I also will that my sons Lyman & Timothy pay my honest
debts, August 15th 1840~ Timothy Andrews {seal}
In witness whereof~ Josiah Fisher~ Davis Clark~
The State of Ohio Delaware County, SS
In the Court of Common Pleas, September Term AD 1840~
Josiah Fisher & David Clark appeared in open Court
& being duly sworn upon their oaths do say that the x
now here produced in open court & purporting to be a
codicil to the last will and testament of Timothy Andrews
late decd bearing date August 15th 1840 was by the said
Timothy Andrews on the day of the date thereof, at his
residence in Liberty township, in said County published
& declared as a codicil to his last will & testament, that
he the said Timothy then & there in our own presence in
his own proper person signed & sealed the same by the hand
of Josiah Fisher & at his request we then & there in his presence
at his request and in the presence of each other subscribed
the same as witnesses, that the said Timothy Andrews x
then about seventy four years of age of sound mind and
memory and not acting under any restraint and further
say not~ Josiah Fisher~ David Clark~
Subscribed & sworn to in open Court this 17th day of
Sept. 1840~ WD Heim Clerk~
The State of Ohio Delaware County SS
In the Court of Common Pleas September Term 1840~
Samuel Humphrey appeared in open Court & being duly
sworn upon his oath says that the paper now here produced
in open Court purporting to be the last will & testament of
Timothy Andrews bearing date on the 10th day of April AD
1834 was by the said Timothy Andrews on the day of the
date thereof at the residence of Samuel Humphrey in
Liberty Township in said County published & declared as
his last will & testament, that he said Timothy then & there
in our own person signed & sealed the same as his said last
will with his own hand and we then and there in his
presence at his request and in the presence of the other
subscribing witness, that the said Timothy Andrews was
then about sixty eight years of age of sound mind and
memory and not acting under any restraint and
further say not. Lemuel Humphrey
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 202)
Description
[page 202]
[corresponds to labeled page 157 of Will Records Vol. 2 - 1835-1850]
157
Subscribed & sworn to in open Court September Term 1840
WD Heim Clerk~
The State of Ohio Crawford County Ss Joshua W. Bebout
of lawful age personally before me at my office in
the Town of Bucyrus and after being duly sworn deposed
and says, that the paper now produced and shown to him
purporting to be the last will and testament of Timothy
Andrews bearing date on the 10th day of April AD 1834
was by the said Timothy Andrews on the day of the date
thereof at the residence of Lemuel Humphrey in Liberty
township in Delaware County Ohio published & declared
as and for his last will & testament, that the said Timothy
then and there in my presence signed & sealed the same
as his said last will with his own hand, and in
the presence of the other subscribing witness signed the
same as a witness thereto, That the said Timothy Andrews
was then about sixty eight years of age, was of sound
mind and memory and under no restraint
J.W. Bebout~
Sworn to & subscribed before me this 13th day of November
AD 1840. Z. Rowse Justice of the Peace~
State of Ohio Crawford County Ss
I, Z. Rowse Clerk of the Court of Common Pleas of the
County aforesaid do hereby certify that Z. Rowse Esqr
before whom the above deposition appears to have bee
taken was at the time and now is an acting Justice of
the Peace within and for the County aforesaid duly
commissioned and qualified according to law full faith
& credit are due to his official acts as such.
{seal} In testimony whereof I have hereunto set
my hand & the seal of said Court this 13th
day of November AD 1840. Z. Rowse Clerk
Recorded the foregoing Will etc May 15th 1841
Attest WD Heim Clerk
[corresponds to labeled page 157 of Will Records Vol. 2 - 1835-1850]
157
Subscribed & sworn to in open Court September Term 1840
WD Heim Clerk~
The State of Ohio Crawford County Ss Joshua W. Bebout
of lawful age personally before me at my office in
the Town of Bucyrus and after being duly sworn deposed
and says, that the paper now produced and shown to him
purporting to be the last will and testament of Timothy
Andrews bearing date on the 10th day of April AD 1834
was by the said Timothy Andrews on the day of the date
thereof at the residence of Lemuel Humphrey in Liberty
township in Delaware County Ohio published & declared
as and for his last will & testament, that the said Timothy
then and there in my presence signed & sealed the same
as his said last will with his own hand, and in
the presence of the other subscribing witness signed the
same as a witness thereto, That the said Timothy Andrews
was then about sixty eight years of age, was of sound
mind and memory and under no restraint
J.W. Bebout~
Sworn to & subscribed before me this 13th day of November
AD 1840. Z. Rowse Justice of the Peace~
State of Ohio Crawford County Ss
I, Z. Rowse Clerk of the Court of Common Pleas of the
County aforesaid do hereby certify that Z. Rowse Esqr
before whom the above deposition appears to have bee
taken was at the time and now is an acting Justice of
the Peace within and for the County aforesaid duly
commissioned and qualified according to law full faith
& credit are due to his official acts as such.
{seal} In testimony whereof I have hereunto set
my hand & the seal of said Court this 13th
day of November AD 1840. Z. Rowse Clerk
Recorded the foregoing Will etc May 15th 1841
Attest WD Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 203)
Description
[page 203]
[corresponds to labeled page 158 of Will Records Vol. 2 - 1835-1850]
158
Pleas held at the Court House in Delaware, on the 25th
day of August AD 1841 before the Honorable John Brundige
John Lugenbeel & Ahab Jinks Associate Judges of the court
of Common Pleas in & for the County of Delaware in
the State of Ohio. Delaware County; Ss
This day the last will & testament of Robert Lewis
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded, And thereupon on motion
of Robert Carpenter & Thomas Lewis the executors in said
will named, it is ordered that letters testamintary be granted
them upon their entering into bonds in the sum of $1000.00
with Silas Ogden & Rufus Carter as security. And it is
further ordered that Levi Meredith, Cyrus Longshore &
Gilbert VanDorn appraise the personal property of said
estate. I Robert Lewis of Trenton Township
Delaware County & State of Ohio do make & ordain this my
last will & testament in manner & form following (viz) as
it has pleased the giver of all good to give me of this worlds
goods, therefore I give & bequeath to promote his cause on
earth as I feel in duty bound Twenty dollars to the Treasurer
of the nearest Sabbath School Society. I give & bequeath to the
Treasurer of the nearest Bible Society twenty dollars, to the
Treasurer of the nearest Missionary Society twenty dollars,
twenty dollars to the Treasurer of the nearest Tract Society,
& twenty dollars to the nearest education Society for the
Gospel ministry, next I ordain that all my just debts and
funeral expenses be paid, the rest of my property I ordain
to be divided into seven equal shares (viz) one share to the
children of Wm & Betsy Nelson decd, one share to Rebecca
Lewis (widow of Robert Lewis Junr decd) one share to Anna
Rose and her issue by Eleazer Carpenter decd, one share to
Lyman & Nancy Carpenter & their children, one share
to the children of Robert & Eleanor Carpenter, one share
to Robert & Sally Reeder and their children and one share
to Thomas Lewis, and further I nominate constitute &
appoint Robert Carpenter & Thomas Lewis Executors of
this my last will and testament, in witnesses thereof
I have set my hand & seal this 17th day of May one
thousand eight hundred & forty one.
Robert Lewis ~
[corresponds to labeled page 158 of Will Records Vol. 2 - 1835-1850]
158
Pleas held at the Court House in Delaware, on the 25th
day of August AD 1841 before the Honorable John Brundige
John Lugenbeel & Ahab Jinks Associate Judges of the court
of Common Pleas in & for the County of Delaware in
the State of Ohio. Delaware County; Ss
This day the last will & testament of Robert Lewis
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded, And thereupon on motion
of Robert Carpenter & Thomas Lewis the executors in said
will named, it is ordered that letters testamintary be granted
them upon their entering into bonds in the sum of $1000.00
with Silas Ogden & Rufus Carter as security. And it is
further ordered that Levi Meredith, Cyrus Longshore &
Gilbert VanDorn appraise the personal property of said
estate. I Robert Lewis of Trenton Township
Delaware County & State of Ohio do make & ordain this my
last will & testament in manner & form following (viz) as
it has pleased the giver of all good to give me of this worlds
goods, therefore I give & bequeath to promote his cause on
earth as I feel in duty bound Twenty dollars to the Treasurer
of the nearest Sabbath School Society. I give & bequeath to the
Treasurer of the nearest Bible Society twenty dollars, to the
Treasurer of the nearest Missionary Society twenty dollars,
twenty dollars to the Treasurer of the nearest Tract Society,
& twenty dollars to the nearest education Society for the
Gospel ministry, next I ordain that all my just debts and
funeral expenses be paid, the rest of my property I ordain
to be divided into seven equal shares (viz) one share to the
children of Wm & Betsy Nelson decd, one share to Rebecca
Lewis (widow of Robert Lewis Junr decd) one share to Anna
Rose and her issue by Eleazer Carpenter decd, one share to
Lyman & Nancy Carpenter & their children, one share
to the children of Robert & Eleanor Carpenter, one share
to Robert & Sally Reeder and their children and one share
to Thomas Lewis, and further I nominate constitute &
appoint Robert Carpenter & Thomas Lewis Executors of
this my last will and testament, in witnesses thereof
I have set my hand & seal this 17th day of May one
thousand eight hundred & forty one.
Robert Lewis ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 204)
Description
[page 204]
[corresponds to labeled page 159 of Will Records Vol. 2 - 1835-1850]
159
Witnesses present ~ Silas Ogden ~ Alvin P. Condit ~ Squire Wheaton
The State of Ohio Delaware County Ss
In the Court of Common Please August Tenn 1841 ~
Silas Ogden, Alvin P. Condit and Squire Wheaton appeared
in open Court & being duly sworn upon their oaths say
that the paper now here produced in Court, purporting to
be the last will and testament of Robert Lewis bearing
date the 14th day of May AD 1841 was by said Robert
Lewis on the day of the date thereof at his own dwelling
house in Trenton Township in the said County acknowl-
-edged the same to be his last will and testament (one
of the said witnesses Silas Ogden saw him sign and
subscribe his name thereto) and then and there requested the
said affiants to subscribe their names thereto as witnesses
which they did attest and subscribed their names as
witnesses thereto accordingly in his / the said testator's
presence at his request. That the said Robert Lewis was
at the time aforesaid about seventy years of age, of sound
mind and memory and not acting under any restraint
Silas Ogden ~ Alvin P. Condit ~ Squire Wheaton
subscribed & sworn to in open Court August Term 1841
WD Heim Clerk
Recorded the foregoing will &c Sept. 7th 1841.
Attest. WD Heim Clerk ~
Pleas held at the Court House in Delaware on the 25th
day of August AD 1841 before the Honorable John Brun-
-dige, John Lugenbeel & Ahab Jinks, Associate Judges
of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio ~ Delaware County; Ss
This day the last will & testament of Rhoda Barber
decd was produced in open Court, & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing, approved & ordered to be recorded.
Rhoda Barber of the County of Delaware in the State
of Ohio do make and publish this my last will and testament
in manner and form following that is to say. First, It is
my will that my funeral expenses and all my just debts
be fully paid. Second, I give and devise and bequeath to
my two grandchildren, Elizabeth Rhoda and Mary
[corresponds to labeled page 159 of Will Records Vol. 2 - 1835-1850]
159
Witnesses present ~ Silas Ogden ~ Alvin P. Condit ~ Squire Wheaton
The State of Ohio Delaware County Ss
In the Court of Common Please August Tenn 1841 ~
Silas Ogden, Alvin P. Condit and Squire Wheaton appeared
in open Court & being duly sworn upon their oaths say
that the paper now here produced in Court, purporting to
be the last will and testament of Robert Lewis bearing
date the 14th day of May AD 1841 was by said Robert
Lewis on the day of the date thereof at his own dwelling
house in Trenton Township in the said County acknowl-
-edged the same to be his last will and testament (one
of the said witnesses Silas Ogden saw him sign and
subscribe his name thereto) and then and there requested the
said affiants to subscribe their names thereto as witnesses
which they did attest and subscribed their names as
witnesses thereto accordingly in his / the said testator's
presence at his request. That the said Robert Lewis was
at the time aforesaid about seventy years of age, of sound
mind and memory and not acting under any restraint
Silas Ogden ~ Alvin P. Condit ~ Squire Wheaton
subscribed & sworn to in open Court August Term 1841
WD Heim Clerk
Recorded the foregoing will &c Sept. 7th 1841.
Attest. WD Heim Clerk ~
Pleas held at the Court House in Delaware on the 25th
day of August AD 1841 before the Honorable John Brun-
-dige, John Lugenbeel & Ahab Jinks, Associate Judges
of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio ~ Delaware County; Ss
This day the last will & testament of Rhoda Barber
decd was produced in open Court, & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing, approved & ordered to be recorded.
Rhoda Barber of the County of Delaware in the State
of Ohio do make and publish this my last will and testament
in manner and form following that is to say. First, It is
my will that my funeral expenses and all my just debts
be fully paid. Second, I give and devise and bequeath to
my two grandchildren, Elizabeth Rhoda and Mary
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 205)
Description
[page 205]
[corresponds to labeled page 160 of Will Records Vol. 2 - 1835-1850]
160
Ann Jane Griffin, daughters of Linus & Octavo Griffin
a certain lot of land situated in Marlborough Town-
ship, Delaware county Ohio which so as deeded by Thomas
F. Case to me and the 14th day of August AD 1834 containing
fifty acres / with the exception of four acres deeded by
me to Aaron H. Green & four acres which I sold to Adam
Rhodes which now belongs to Linus Griffen / which shall
be equally divided between them, and lastly, I hereby
constitute and appoint Linus Griffin to be the executors
for this my last will and testament revoking & annulling
all former wills by me made and ratifying & confirming
this and another to be my last will & testament. In
testimony whereof, I have hereunto set my hands & seal
this 11th day of August AD 1840.
Rhoda Barber {seal}
Signed published & declared by the above named Rhoda
Barber as and for her last will & testament in presence
of us who at her request have signed as witnesses to the
same. Samuel Hull ~ Wlliam Osborn ~
The State of Ohio Delaware County; Ss
In Common Pleas August Term 1841 ~ Samuel Hull
& William Osborn being duly sworn in open Court upon
their oaths says that the paper now here produced in
open Court, purporting to be the last will and testament
of Rhoda Barber hearing date the 11th day of August
AD 1840 was acknowledged by the said Rhoda to be
her last will & testament in their presence, and that they
at her request and in her presence signed their names
to the same as witnesses on the day of the day of the date
thereof at her residence in Marlborough Township in
the said County. That she the said Rhoda was then
of about seventy years of age, of sound mind and memory
& not acting under any restraint.
Samuel Hull ~ Wm Osborn
Subscribed & sworn to in open Court, August Term 1841.
WD Heim Clerk
Recorded the foregoing will &c Sept 7th 1841 ~
Attest ~ WD Heim Clerk ~
[corresponds to labeled page 160 of Will Records Vol. 2 - 1835-1850]
160
Ann Jane Griffin, daughters of Linus & Octavo Griffin
a certain lot of land situated in Marlborough Town-
ship, Delaware county Ohio which so as deeded by Thomas
F. Case to me and the 14th day of August AD 1834 containing
fifty acres / with the exception of four acres deeded by
me to Aaron H. Green & four acres which I sold to Adam
Rhodes which now belongs to Linus Griffen / which shall
be equally divided between them, and lastly, I hereby
constitute and appoint Linus Griffin to be the executors
for this my last will and testament revoking & annulling
all former wills by me made and ratifying & confirming
this and another to be my last will & testament. In
testimony whereof, I have hereunto set my hands & seal
this 11th day of August AD 1840.
Rhoda Barber {seal}
Signed published & declared by the above named Rhoda
Barber as and for her last will & testament in presence
of us who at her request have signed as witnesses to the
same. Samuel Hull ~ Wlliam Osborn ~
The State of Ohio Delaware County; Ss
In Common Pleas August Term 1841 ~ Samuel Hull
& William Osborn being duly sworn in open Court upon
their oaths says that the paper now here produced in
open Court, purporting to be the last will and testament
of Rhoda Barber hearing date the 11th day of August
AD 1840 was acknowledged by the said Rhoda to be
her last will & testament in their presence, and that they
at her request and in her presence signed their names
to the same as witnesses on the day of the day of the date
thereof at her residence in Marlborough Township in
the said County. That she the said Rhoda was then
of about seventy years of age, of sound mind and memory
& not acting under any restraint.
Samuel Hull ~ Wm Osborn
Subscribed & sworn to in open Court, August Term 1841.
WD Heim Clerk
Recorded the foregoing will &c Sept 7th 1841 ~
Attest ~ WD Heim Clerk ~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 206)
Description
[page 206]
[corresponds to labeled page 161 of Will Records Vol. 2 - 1835-1850]
161
Pleas held at the Court House in Delaware, on the
27th day of August AD 1841 before the Honorable John
Brundige; John Lugenbeel & Ahab Jinks, Associate Judges
of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio ~ Delaware County; Ss
This day the last will & testament of John
Evans decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing, approved and ordered to be recorded.
The last will & testament of John Evans of Troy Town-
-ship Delaware County Ohio ~ In the name of God I
John Evans considering the uncertainty of this mortal
live and being of sound mind and memory / blessed be the
almighty for the same / I do make and publish this my
last will and testament in manner and form following
/ that is to say / First, I will and bequeath unto my daugh-
-ter Ann who is now in Wales one dollar. I will and
bequeath to my daughter Margaret who is also in Wales the
sum of one dollar to be paid in one year after my death.
I will & bequeath to my daughter Elizabeth twenty dollars
a year provided that she stands in need of so much &
if her guardian / who I shall hereafter appoint / will
consider necessary for her to have the sum aforesaid or
part of it yearly, as I do not consider her capable of
judging for herself so she is not to have any of the sum
of money aforesaid but by the discretion of the Guardian
I will & bequeath all my other property real and personal
between my beloved wife and my son John, each have a
share and share alike as long as my wife Elizabeth will be
a widow, but if she will marry she is to have no share, all
shall be my son John, and after death if she will die a
widow all shall be my son John after her death. I hereby
nominate and appoint Evan Thomas to be guardian and
overseer over my daughter Elizabeth, also I hereby appoint
my wife Elizabeth and my son John the executors of
this my last will and testament hereby revoking all
former wills by me made. In witness whereof I have
hereunto set my hand and seal the thirty first day of
May in the year of our Lord one thousand eight hun-
-dred & forty one John Evans ~
Signed, sealed, published & declared by the above
[corresponds to labeled page 161 of Will Records Vol. 2 - 1835-1850]
161
Pleas held at the Court House in Delaware, on the
27th day of August AD 1841 before the Honorable John
Brundige; John Lugenbeel & Ahab Jinks, Associate Judges
of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio ~ Delaware County; Ss
This day the last will & testament of John
Evans decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing, approved and ordered to be recorded.
The last will & testament of John Evans of Troy Town-
-ship Delaware County Ohio ~ In the name of God I
John Evans considering the uncertainty of this mortal
live and being of sound mind and memory / blessed be the
almighty for the same / I do make and publish this my
last will and testament in manner and form following
/ that is to say / First, I will and bequeath unto my daugh-
-ter Ann who is now in Wales one dollar. I will and
bequeath to my daughter Margaret who is also in Wales the
sum of one dollar to be paid in one year after my death.
I will & bequeath to my daughter Elizabeth twenty dollars
a year provided that she stands in need of so much &
if her guardian / who I shall hereafter appoint / will
consider necessary for her to have the sum aforesaid or
part of it yearly, as I do not consider her capable of
judging for herself so she is not to have any of the sum
of money aforesaid but by the discretion of the Guardian
I will & bequeath all my other property real and personal
between my beloved wife and my son John, each have a
share and share alike as long as my wife Elizabeth will be
a widow, but if she will marry she is to have no share, all
shall be my son John, and after death if she will die a
widow all shall be my son John after her death. I hereby
nominate and appoint Evan Thomas to be guardian and
overseer over my daughter Elizabeth, also I hereby appoint
my wife Elizabeth and my son John the executors of
this my last will and testament hereby revoking all
former wills by me made. In witness whereof I have
hereunto set my hand and seal the thirty first day of
May in the year of our Lord one thousand eight hun-
-dred & forty one John Evans ~
Signed, sealed, published & declared by the above
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 207)
Description
[page 207]
[corresponds to labeled page 162 of Will Records Vol. 2 - 1835-1850]
162
named John Evans to be his last will and testament
in the presence of us, who at his request and in his presence
have subscribed our names as witnesses thereto
Maurice M. Jones~ John Morris.
The State of Ohio, Delaware County: Ss
In the Court of Common Pleas August Term 1841~
Maurice M. Jones and John Morris in open Court being
duly sworn upon their oaths say, that the paper now here
produced in Court, purporting to be the last will & testament
of John Evans bearing date May 31st 1841 was by the said
John Evans on the day of the date thereof, at his residence
in the said County signed in their presence and acknowledged
declared and published as his last will and testament, and
that they the said deponents at the request of the said John
Evans then & there in his presence & in the presence of
each other signed their names to the same as witnesses
thereto. That the said John Evans was at the said date
about the age of sixty five years, of sound mind & memory
and not acting under any restraint.
Maurice M Jones
John Morris
Subscribed & sworn to in open Court, August Term 1841
WD Heim Clerk
Recorded the foregoing Will etc Sept. 8th 1841~
Attest WD Heim Clerk
Pleas held at the Court House in Delaware on the 27th day
of August AD 1841 before the Honorable John Brundige,
John Lugenbeel & Ahab Jinks, Associate Judges of the
Court of Common Pleas in & for the County of Delaware
in the State of Ohio. Delaware County, Ss
This day the last will & testament of Silas C. Gorton
decd was produced in open Court & proved by the testimony of
the subscribing witnesses thereto, as reduced to writing
approved & ordered to be recorded. And thereupon on
motion of Emery Moore the Executor in said will named
it is ordered that letters testamentary be granted him
upon his entering into bonds in the sum of $600,00?
with Sidney Moore & Ralph Hills as security And it
is further ordered that John Moses, Samuel Rheam &
[corresponds to labeled page 162 of Will Records Vol. 2 - 1835-1850]
162
named John Evans to be his last will and testament
in the presence of us, who at his request and in his presence
have subscribed our names as witnesses thereto
Maurice M. Jones~ John Morris.
The State of Ohio, Delaware County: Ss
In the Court of Common Pleas August Term 1841~
Maurice M. Jones and John Morris in open Court being
duly sworn upon their oaths say, that the paper now here
produced in Court, purporting to be the last will & testament
of John Evans bearing date May 31st 1841 was by the said
John Evans on the day of the date thereof, at his residence
in the said County signed in their presence and acknowledged
declared and published as his last will and testament, and
that they the said deponents at the request of the said John
Evans then & there in his presence & in the presence of
each other signed their names to the same as witnesses
thereto. That the said John Evans was at the said date
about the age of sixty five years, of sound mind & memory
and not acting under any restraint.
Maurice M Jones
John Morris
Subscribed & sworn to in open Court, August Term 1841
WD Heim Clerk
Recorded the foregoing Will etc Sept. 8th 1841~
Attest WD Heim Clerk
Pleas held at the Court House in Delaware on the 27th day
of August AD 1841 before the Honorable John Brundige,
John Lugenbeel & Ahab Jinks, Associate Judges of the
Court of Common Pleas in & for the County of Delaware
in the State of Ohio. Delaware County, Ss
This day the last will & testament of Silas C. Gorton
decd was produced in open Court & proved by the testimony of
the subscribing witnesses thereto, as reduced to writing
approved & ordered to be recorded. And thereupon on
motion of Emery Moore the Executor in said will named
it is ordered that letters testamentary be granted him
upon his entering into bonds in the sum of $600,00?
with Sidney Moore & Ralph Hills as security And it
is further ordered that John Moses, Samuel Rheam &
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 208)
Description
[page 208]
[corresponds to labeled page 163 of Will Records Vol. 2 - 1835-1850]
163
Henry Van Horne appraise the personal property of said
estate. I Silas C. Gorton of the County of
Delaware in the State of Ohio, do make and publish this
my last will and testament in manner and form following
that is to say. First. It is my will that my funeral expences
and all my just debts be fully paid. Second~ I give
devise and bequeath to my two children Ira Moore Gorton
and Eunis Sophia Gorton all my property both real & personal
to them their heirs & assigns forever to be divided equally
between them. Third~ I give and devise unto my daughter
Emily Gorton who now resides in the State of Rhode Island
five dollars in money. And lastly~ I hereby appoint Emery
Moore of Delaware Ohio to be the executor for this my last
will & testament revoking and annulling all former wills by
me made and ratifying and confirming this and no
other to be my last will and testament. In testimony
whereof I have hereunto set my hand and seal this 9th day
of June 1841. Silas C. Gorton {seal}
Signed, published and declared by the above named Silas
C. Gorton as and for his last will and testament in presence
of us, who at his request have signed as witnesses to the
same. Joel Z. Mendenhall~ Nimrod B Spurgeon
State of Ohio Delaware County SS
Joel Z. Mendenhall & Nimrod B. Spurgeon of lawfull
age being duly sworn, says that the paper herewith presen
-ted and which purports to be the last will & testament of
Silas C. Gorton decd dates 9th June 1841 was executed by
said Gorton in our presence and in the presence of each
other as his last will & testament, that said Gorton called
us to witness the execution of the same as his last will
& testament, that we signed the same as witnesses in his
presence, that at the time of the execution of the same
he the said Gorton was of sound and disposing mind &
memory and under no restraint and about the age of
fifty years. Joel Z. Mendenhall
Nimrod B. Spurgeon
Sworn & subscribed to in open Court, August Term 1841~
WD Heim Clerk~
Recorded the foregoing Will &c Sept 8th 1841
Attest~ WD Heim Clerk
[corresponds to labeled page 163 of Will Records Vol. 2 - 1835-1850]
163
Henry Van Horne appraise the personal property of said
estate. I Silas C. Gorton of the County of
Delaware in the State of Ohio, do make and publish this
my last will and testament in manner and form following
that is to say. First. It is my will that my funeral expences
and all my just debts be fully paid. Second~ I give
devise and bequeath to my two children Ira Moore Gorton
and Eunis Sophia Gorton all my property both real & personal
to them their heirs & assigns forever to be divided equally
between them. Third~ I give and devise unto my daughter
Emily Gorton who now resides in the State of Rhode Island
five dollars in money. And lastly~ I hereby appoint Emery
Moore of Delaware Ohio to be the executor for this my last
will & testament revoking and annulling all former wills by
me made and ratifying and confirming this and no
other to be my last will and testament. In testimony
whereof I have hereunto set my hand and seal this 9th day
of June 1841. Silas C. Gorton {seal}
Signed, published and declared by the above named Silas
C. Gorton as and for his last will and testament in presence
of us, who at his request have signed as witnesses to the
same. Joel Z. Mendenhall~ Nimrod B Spurgeon
State of Ohio Delaware County SS
Joel Z. Mendenhall & Nimrod B. Spurgeon of lawfull
age being duly sworn, says that the paper herewith presen
-ted and which purports to be the last will & testament of
Silas C. Gorton decd dates 9th June 1841 was executed by
said Gorton in our presence and in the presence of each
other as his last will & testament, that said Gorton called
us to witness the execution of the same as his last will
& testament, that we signed the same as witnesses in his
presence, that at the time of the execution of the same
he the said Gorton was of sound and disposing mind &
memory and under no restraint and about the age of
fifty years. Joel Z. Mendenhall
Nimrod B. Spurgeon
Sworn & subscribed to in open Court, August Term 1841~
WD Heim Clerk~
Recorded the foregoing Will &c Sept 8th 1841
Attest~ WD Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 209)
Description
[page 209]
[corresponds to labeled page 164 of Will Records Vol. 2 - 1835-1850]
164
Pleas held at the Court House in Delaware on the 28th day
of August AD 1841 before the Honorable John Brundige, John
Lugenbeel & Ahab Jinks Associate Judges of the Court of
Common Pleas in & for the county of Delaware in the
State of Ohio. Delaware County, Ss
This day the last will & testament of Baruch
Holbrook decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as reduced
to writing, approved & ordered to be recorded. And thereupon
on motion of Joseph Cellar the Executor in said will
named, it is ordered that letters testamentary be granted
him upon his entering into bonds in the sum of $600.00?
with James Gillis & John F Cellar as security. And it is
further ordered that Jeremiah Gillis, Andrew Harter &
Thomas C. Gillis appraise the personal property of said
estate. In the name of God, Amen~ I Baruch
Holbrook of the County of Delaware in the State of Ohio
being weak in body but of sound and disposing mind
memory and understanding, thanks be to Almighty God
for the same, do make and publish this my last will and
testament in manner and form following, that is to say
First~ I give, devise & bequeath to my daughters Mary
Deidamia & Eveline Cornelia all of my farm lying in
Sharon Township, Franklin County, Ohio, to be equally
divided between said heirs, for particulars reference will
be had to the deed. Second~ I give, devise & bequeath to
my daughter Eveline Cornelia, and the Heirs of my deceased
daughters Artimecia Margaret & Julia Philistia Seven
hundred and eighty four acres of land I now own in
the State of Indiana, /for particulars refferance will be
had to the duplicates/ said land to be divided into three
equal parts between said Heirs. Third~ I give and devise
to my daughter Eveline Cornelia all of my personal
property, that I now own, & to her heirs and assigns
forever. Lastly~ I hereby constitute and appoint my
son in law Joseph Cellar, to be the Executor of this my
last will and testament, revoking and annulling all
former wills by me made, and ratifying and confirming
this and no other to be my last will and testament
In testimony whereof I have hereunto set my hand
[corresponds to labeled page 164 of Will Records Vol. 2 - 1835-1850]
164
Pleas held at the Court House in Delaware on the 28th day
of August AD 1841 before the Honorable John Brundige, John
Lugenbeel & Ahab Jinks Associate Judges of the Court of
Common Pleas in & for the county of Delaware in the
State of Ohio. Delaware County, Ss
This day the last will & testament of Baruch
Holbrook decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as reduced
to writing, approved & ordered to be recorded. And thereupon
on motion of Joseph Cellar the Executor in said will
named, it is ordered that letters testamentary be granted
him upon his entering into bonds in the sum of $600.00?
with James Gillis & John F Cellar as security. And it is
further ordered that Jeremiah Gillis, Andrew Harter &
Thomas C. Gillis appraise the personal property of said
estate. In the name of God, Amen~ I Baruch
Holbrook of the County of Delaware in the State of Ohio
being weak in body but of sound and disposing mind
memory and understanding, thanks be to Almighty God
for the same, do make and publish this my last will and
testament in manner and form following, that is to say
First~ I give, devise & bequeath to my daughters Mary
Deidamia & Eveline Cornelia all of my farm lying in
Sharon Township, Franklin County, Ohio, to be equally
divided between said heirs, for particulars reference will
be had to the deed. Second~ I give, devise & bequeath to
my daughter Eveline Cornelia, and the Heirs of my deceased
daughters Artimecia Margaret & Julia Philistia Seven
hundred and eighty four acres of land I now own in
the State of Indiana, /for particulars refferance will be
had to the duplicates/ said land to be divided into three
equal parts between said Heirs. Third~ I give and devise
to my daughter Eveline Cornelia all of my personal
property, that I now own, & to her heirs and assigns
forever. Lastly~ I hereby constitute and appoint my
son in law Joseph Cellar, to be the Executor of this my
last will and testament, revoking and annulling all
former wills by me made, and ratifying and confirming
this and no other to be my last will and testament
In testimony whereof I have hereunto set my hand
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 210)
Description
[page 210]
[corresponds to labeled page 165 of Will Records Vol. 2 - 1835-1850]
165
and seal, this 7th day of June 1841~ Baruch Holbrook {seal}
Signed, published & declared by the above named
Baruch Holbrook as and for his last will and testament
in presence of us, who at his request, have signed as wit-
-nesses to the same. Jeremiah Gillis
Elizabeth Cunningham
The State of Ohio Delaware County Ss~ In the Court
of Common Pleas August Term 1841~ Jeremiah Gillis &
Elizabeth Cunningham in open Court being duly sworn
upon their oaths say that the paper now here produced in
Court, purporting to be the last will & testament of Baruch
Holbrook bearing date the 7th day of June 1841 was by the
said Baruch Holbrook on the day of the date thereof at
his residence in the said county signed in their presence
and acknowledged, declared and published as his last will
and testament, and that they the said deponents at the request
of the said Baruch Holbrook then & there in his presence &
in the presence of each other signed their names to the same
as witnesses thereto, that the said Baruch Holbrook was
at the said date about the age of seventy two years of
sound mind and memory and not acting under any
restraint. Jeremiah Gillis
Elizabeth Cunningham
Subscribed & sworn to in open Court. August Term 1841
WD Heim Clerk~
Recorded the foregoing Will etc Sept 8th 1841
Attest~ WD Heim Clerk~
Pleas held at the Court House in Delaware, on the 31st day of
August AD 1841 before the Honorable John Brundige, John
Lugenbeel & Ahab Jinks Associatge Judges of the Court of
Common Pleas in & for the County of Delaware in the State
of Ohio. Delaware County; Ss~
This day the last will and testament of Rachael
Adams decd was produced in open Court, & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing, approved & ordered to be recorded and thereupon on
motion of Bartholomew Adams & Mabah D Adams the
Executors in said will named It is ordered that letters
testamentary be granted them, upon their entering into
bonds in the sum of $2400.00 with Henry Hodgden &
[corresponds to labeled page 165 of Will Records Vol. 2 - 1835-1850]
165
and seal, this 7th day of June 1841~ Baruch Holbrook {seal}
Signed, published & declared by the above named
Baruch Holbrook as and for his last will and testament
in presence of us, who at his request, have signed as wit-
-nesses to the same. Jeremiah Gillis
Elizabeth Cunningham
The State of Ohio Delaware County Ss~ In the Court
of Common Pleas August Term 1841~ Jeremiah Gillis &
Elizabeth Cunningham in open Court being duly sworn
upon their oaths say that the paper now here produced in
Court, purporting to be the last will & testament of Baruch
Holbrook bearing date the 7th day of June 1841 was by the
said Baruch Holbrook on the day of the date thereof at
his residence in the said county signed in their presence
and acknowledged, declared and published as his last will
and testament, and that they the said deponents at the request
of the said Baruch Holbrook then & there in his presence &
in the presence of each other signed their names to the same
as witnesses thereto, that the said Baruch Holbrook was
at the said date about the age of seventy two years of
sound mind and memory and not acting under any
restraint. Jeremiah Gillis
Elizabeth Cunningham
Subscribed & sworn to in open Court. August Term 1841
WD Heim Clerk~
Recorded the foregoing Will etc Sept 8th 1841
Attest~ WD Heim Clerk~
Pleas held at the Court House in Delaware, on the 31st day of
August AD 1841 before the Honorable John Brundige, John
Lugenbeel & Ahab Jinks Associatge Judges of the Court of
Common Pleas in & for the County of Delaware in the State
of Ohio. Delaware County; Ss~
This day the last will and testament of Rachael
Adams decd was produced in open Court, & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing, approved & ordered to be recorded and thereupon on
motion of Bartholomew Adams & Mabah D Adams the
Executors in said will named It is ordered that letters
testamentary be granted them, upon their entering into
bonds in the sum of $2400.00 with Henry Hodgden &
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 211)
Description
[page 211]
[corresponds to labeled page 166 of Will Records Vol. 2 - 1835-1850]
166
John Nelson as security. And it is further ordered that John
Klapp, Riley Parker & Elijah VanAuken appraise the
personal property of said estate I Rachael
Adams of Berlin township Delaware County Ohio, being
in feeble health but of sound mind and in prospect that I shall
soon be gathered to my fathers do make and ordain this my
last will and testament revoking any and all other wills
made by me at any and at all other former time. First~
It is my desire and will that my funeral charges and
the expences of my last sickness be fully paid~ Second
That all just and lawful debts be fully paid. Third~
My household furniture to my son Mabah D Adams
he is to have all of it. Fourth To each of my children
Joseph, Samuel, Robert, Phillip & Moses Adams my
executors will purchase new bibles to the cost of one
dollar each and present each of the above named chil
-dren in this fourth department with one. Fifth I leave
the residue of my property debts, dues and demands to
my son Bartholomew Adams for his own use and benefit
Sixth It is my will and request that my sons Bartholo-
-mew and Mabah D Adams act as my executors~
In testimony whereof I have hereto set my hand and
seal this 2nd day of March 1841~ Rachael X [her mark] Adams {seal}
The above Rachael Adams published in our presence
that this was her last will and testament and requests
us to witness this as the same. Henry Hodgden
Jasper Dickerman
State of Ohio Delaware County, Ss~ Personally appeared in
open Court Henry Hodgden and Jasper Dickerman and
produced the last will and testament of Rachael Adams
decd who being duly sworn in open Court depose and say
that they were called upon by the said Rachael Adams
to witness the will by them here produced dated March 2d
1841 that they saw said testator sign and seal the same
that she requested them to witness the same as her last
will and testament; that said Rachael at the time was
of sound and disposing mind and memory and of
lawful age, that said testator died on or about the
7th day of April 1841 without revoking or annulling
the will here produced as they verify beleive.
Henry Hodgden~ Jasper Dickerman
[corresponds to labeled page 166 of Will Records Vol. 2 - 1835-1850]
166
John Nelson as security. And it is further ordered that John
Klapp, Riley Parker & Elijah VanAuken appraise the
personal property of said estate I Rachael
Adams of Berlin township Delaware County Ohio, being
in feeble health but of sound mind and in prospect that I shall
soon be gathered to my fathers do make and ordain this my
last will and testament revoking any and all other wills
made by me at any and at all other former time. First~
It is my desire and will that my funeral charges and
the expences of my last sickness be fully paid~ Second
That all just and lawful debts be fully paid. Third~
My household furniture to my son Mabah D Adams
he is to have all of it. Fourth To each of my children
Joseph, Samuel, Robert, Phillip & Moses Adams my
executors will purchase new bibles to the cost of one
dollar each and present each of the above named chil
-dren in this fourth department with one. Fifth I leave
the residue of my property debts, dues and demands to
my son Bartholomew Adams for his own use and benefit
Sixth It is my will and request that my sons Bartholo-
-mew and Mabah D Adams act as my executors~
In testimony whereof I have hereto set my hand and
seal this 2nd day of March 1841~ Rachael X [her mark] Adams {seal}
The above Rachael Adams published in our presence
that this was her last will and testament and requests
us to witness this as the same. Henry Hodgden
Jasper Dickerman
State of Ohio Delaware County, Ss~ Personally appeared in
open Court Henry Hodgden and Jasper Dickerman and
produced the last will and testament of Rachael Adams
decd who being duly sworn in open Court depose and say
that they were called upon by the said Rachael Adams
to witness the will by them here produced dated March 2d
1841 that they saw said testator sign and seal the same
that she requested them to witness the same as her last
will and testament; that said Rachael at the time was
of sound and disposing mind and memory and of
lawful age, that said testator died on or about the
7th day of April 1841 without revoking or annulling
the will here produced as they verify beleive.
Henry Hodgden~ Jasper Dickerman
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 212)
Description
[page 212]
[corresponds to labeled page 167 of Will Records Vol. 2 - 1835-1850]
167
Sworn to and subscribed in open Court, August 31st 1841
WD Heim Clerk~
Recorded the forgoing Will &c Sept 8th 1841
Attest WD Heim Clerk~
Pleas at a special Court, held at the Court House in Delaware
on the 28th day of September AD 1841 before the Honorable
John Brundige, John Lugenbeel & Ahab Jinks Associate
Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
This day the last will & testament of Evan Davis decd
was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing, ap-
-proved & ordered to be recorded. And thereupon on motion
it is ordered that Evan Davis Jr & Thomas Davis the
Executors in said will named have letters testamentary
upon their entering into bonds in the sum of $600.00?
with Nathan Chester & Frederick Avery as security. And
in case the said Thomas Davis does not appear in
twenty days to accept said trust & sign the bond, that in
such case the said Evan Davis Jr shall proceed above
as Executors on said Estate. And it is further ordered
that Alexander McCutchan, Abraham Williams & George
W Sharp appraise the personal property of said Estate.
I Evan Davis of Delaware Township in the County
of Delaware in the State of Ohio do make & publish this
this my last will & testament in manner & form following
that is to say. First~ It is my will that my funeral
expences and all my just debts be fully paid. Second
I will and bequeath to my beloved wife Jane Davis and
my son Benjamin Davis the use of the farm that I
now live on, situated in township, county & State aforesaid
during my said wife's natural life, also all the stock
on said farm, also all the household and Kitchen furni-
-ture and farming utensils during her natural life.
Third I will and bequeath to my daughter Elizabeth
Reppets the sum of ten dollars. Fourth I will and
bequeath to my son William Davis the sum of Ten
dollars. Fifth~ I will & bequeath to my son Thomas
Davis, the sum of one hundred dollars. Sixth~ I will
and bequeath to my son Robert Davis the sum of
[corresponds to labeled page 167 of Will Records Vol. 2 - 1835-1850]
167
Sworn to and subscribed in open Court, August 31st 1841
WD Heim Clerk~
Recorded the forgoing Will &c Sept 8th 1841
Attest WD Heim Clerk~
Pleas at a special Court, held at the Court House in Delaware
on the 28th day of September AD 1841 before the Honorable
John Brundige, John Lugenbeel & Ahab Jinks Associate
Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio.
This day the last will & testament of Evan Davis decd
was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing, ap-
-proved & ordered to be recorded. And thereupon on motion
it is ordered that Evan Davis Jr & Thomas Davis the
Executors in said will named have letters testamentary
upon their entering into bonds in the sum of $600.00?
with Nathan Chester & Frederick Avery as security. And
in case the said Thomas Davis does not appear in
twenty days to accept said trust & sign the bond, that in
such case the said Evan Davis Jr shall proceed above
as Executors on said Estate. And it is further ordered
that Alexander McCutchan, Abraham Williams & George
W Sharp appraise the personal property of said Estate.
I Evan Davis of Delaware Township in the County
of Delaware in the State of Ohio do make & publish this
this my last will & testament in manner & form following
that is to say. First~ It is my will that my funeral
expences and all my just debts be fully paid. Second
I will and bequeath to my beloved wife Jane Davis and
my son Benjamin Davis the use of the farm that I
now live on, situated in township, county & State aforesaid
during my said wife's natural life, also all the stock
on said farm, also all the household and Kitchen furni-
-ture and farming utensils during her natural life.
Third I will and bequeath to my daughter Elizabeth
Reppets the sum of ten dollars. Fourth I will and
bequeath to my son William Davis the sum of Ten
dollars. Fifth~ I will & bequeath to my son Thomas
Davis, the sum of one hundred dollars. Sixth~ I will
and bequeath to my son Robert Davis the sum of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 213)
Description
[page 213]
[corresponds to labeled page 168 of Will Records Vol. 2 - 1835-1850]
168
one hundred dollars. Seventh~ I will and bequeath to my
son Joseph Davis the sum of one hundred and twenty
dollars. Eighth I will and bequeath to my two sons
Evan & Benjamin Davis the farm above described
and to their heirs and assigns forever from and after
the death of my said wife, also all my personal property
of every description. Provided always that my sons
Evan & Benjamin Davis pay the above legacies as above
described within three years after the death of my said
wife. And lastly~ I hereby constitute and appoint my two
sons Evan & Thomas Davis to be the executors for this
my last will and testament revoking and annulling all
former wills by me made and ratifying and confirming
this and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 26th day of April AD 1841~ Evan Davis {seal}
Signed, published and declared by the above Evan
Davis as and for his last will and testament in presence
of us who at his request have signed as witnesses to
the same~ S. H Allen~ Morgan Williams
The State of Ohio Delaware County Ss
At a special Session of the Court of Common Pleas held
by the Associate Judges at the Court House September 28th
1841~ SH Allen & Morgan Wiliams being duly sworn
in open Court, upon their oaths say that the paper here
produced in Court purporting to be the last will and
testament of Evan Davis bearing date the 26th day of
April AD 1841 is the will and testament of the said Evan
Davis, by him on the said day and year last mentioned
at his residence in Delaware Township in said County
published and declared then and there as such, that
the said will and testament was then and there signed
by the said Evan Davis, in the presence of deponents,
that these deponents then and there in the presence of
each other, and at the request and in the presence of said
Davis, signed their names to the said will as witnessed
And then and there heard the said Davis acknowledge
the signing thereof to be his act, and as his last will &
testament. They further say that the said Davis was
[corresponds to labeled page 168 of Will Records Vol. 2 - 1835-1850]
168
one hundred dollars. Seventh~ I will and bequeath to my
son Joseph Davis the sum of one hundred and twenty
dollars. Eighth I will and bequeath to my two sons
Evan & Benjamin Davis the farm above described
and to their heirs and assigns forever from and after
the death of my said wife, also all my personal property
of every description. Provided always that my sons
Evan & Benjamin Davis pay the above legacies as above
described within three years after the death of my said
wife. And lastly~ I hereby constitute and appoint my two
sons Evan & Thomas Davis to be the executors for this
my last will and testament revoking and annulling all
former wills by me made and ratifying and confirming
this and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 26th day of April AD 1841~ Evan Davis {seal}
Signed, published and declared by the above Evan
Davis as and for his last will and testament in presence
of us who at his request have signed as witnesses to
the same~ S. H Allen~ Morgan Williams
The State of Ohio Delaware County Ss
At a special Session of the Court of Common Pleas held
by the Associate Judges at the Court House September 28th
1841~ SH Allen & Morgan Wiliams being duly sworn
in open Court, upon their oaths say that the paper here
produced in Court purporting to be the last will and
testament of Evan Davis bearing date the 26th day of
April AD 1841 is the will and testament of the said Evan
Davis, by him on the said day and year last mentioned
at his residence in Delaware Township in said County
published and declared then and there as such, that
the said will and testament was then and there signed
by the said Evan Davis, in the presence of deponents,
that these deponents then and there in the presence of
each other, and at the request and in the presence of said
Davis, signed their names to the said will as witnessed
And then and there heard the said Davis acknowledge
the signing thereof to be his act, and as his last will &
testament. They further say that the said Davis was
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 214)
Description
[page 214]
[corresponds to labeled page 169 of Will Records Vol. 2 - 1835-1850]
169
at the time aforesaid, at least fifty years of age of sound
mind & memory and free from any Kind of restraint and
further say not. Seth H Allen
Morgan Williams
Subscribed & sworn to in open Court September 28th 1841
Attest~ WD Heim Clerk~
Recorded the foregoing Will etc Oct 2d 1841
Attest~ WD Heim Clerk~
Pleas held at the Court House in Delaware on the 11th
day of November AD 1841 before the Honroable Joseph
R. Swan President & John Brundige, John Lugenbeel
& Ahab Jinks Esqr his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in
the State of Ohio. Delaware County Ss~
This day the last will & testament of Samuel Drake
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to wri-
-ting, approved & ordered to be recorded. And thereupon
on motion of David Bush one of the Executors in said
will named /Mary M. Drake the other Executor therein
named having declined acting/ it is ordered that letters
testimentary be granted him, upon his entering into bonds
in the sum of $600.00? with William S Drake & Thomas
Case as security. And it is further ordered that Hiram
Gold, Isaac Bush & Andrew Stroub appraise the person-
-al property of said estate.
I Samuel Drake of the County of Delaware & State
of Ohio do make & publish this my last will & testament in
manner & form following that is to say. First~ It is my
will that my funeral expences and all my just debts con-
-tracted in this State be fully paid. Second~ I give devise
and bequeath to my beloved wife Mary M Drake in lieu
of her dower the farm we now reside on situate in the
County & State aforesaid Section Nineteen, Township
seven & Range nineteen containing about forty acres
to her use during her life time or widowhood also all
the Household furniture, one baldfaced mare, one Red
Cow, one spotted Cow, and four Sheep & one hog with corn to
fatten it, one Sow & two pigs, also ten Bushels of Corn
[corresponds to labeled page 169 of Will Records Vol. 2 - 1835-1850]
169
at the time aforesaid, at least fifty years of age of sound
mind & memory and free from any Kind of restraint and
further say not. Seth H Allen
Morgan Williams
Subscribed & sworn to in open Court September 28th 1841
Attest~ WD Heim Clerk~
Recorded the foregoing Will etc Oct 2d 1841
Attest~ WD Heim Clerk~
Pleas held at the Court House in Delaware on the 11th
day of November AD 1841 before the Honroable Joseph
R. Swan President & John Brundige, John Lugenbeel
& Ahab Jinks Esqr his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in
the State of Ohio. Delaware County Ss~
This day the last will & testament of Samuel Drake
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to wri-
-ting, approved & ordered to be recorded. And thereupon
on motion of David Bush one of the Executors in said
will named /Mary M. Drake the other Executor therein
named having declined acting/ it is ordered that letters
testimentary be granted him, upon his entering into bonds
in the sum of $600.00? with William S Drake & Thomas
Case as security. And it is further ordered that Hiram
Gold, Isaac Bush & Andrew Stroub appraise the person-
-al property of said estate.
I Samuel Drake of the County of Delaware & State
of Ohio do make & publish this my last will & testament in
manner & form following that is to say. First~ It is my
will that my funeral expences and all my just debts con-
-tracted in this State be fully paid. Second~ I give devise
and bequeath to my beloved wife Mary M Drake in lieu
of her dower the farm we now reside on situate in the
County & State aforesaid Section Nineteen, Township
seven & Range nineteen containing about forty acres
to her use during her life time or widowhood also all
the Household furniture, one baldfaced mare, one Red
Cow, one spotted Cow, and four Sheep & one hog with corn to
fatten it, one Sow & two pigs, also ten Bushels of Corn
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 215)
Description
[page 215]
[corresponds to labeled page 170 of Will Records Vol. 2 - 1835-1850]
170
and ten bushels of wheat, six gees & twelve chickens and four
tons of hay & twenty five pounds of wool. Thirdly~ I give
and bequeath to my eldest daughter Anna Drake the sum
of twenty five dollars to her & her heirs forever. Fourth~
I give & devise to my eldest son Uriah Drake twenty five
dollars & to his heirs & assigns forever. Fifth~ I give and
devise to my second daughter Eliza Patten twenty five
dollars to her & her heirs & assigns forever. Sixth~ I give
& devise to x son Isaac Drake twenty dollars, to make him
equal with his brother Samuel in a watch that I gave him
to his heirs & assigns forever. Seventh, the residue of my
property if any left I gave equal to Samuel Drake, Isaac
Drake, Mariah Drake & Sarah Drake, and lastly I
hereby constitute and appoint my said wife Mary M Drake
and David Bush to be the Executors for this my last will
& testament this 26h day of July in the year of our Lord
one thousand eight hundred & forty one.
Signed & sealed in presence of Samuel Drake {seal}
Wm S Drake, Andrew Stroub~
Delaware County; Ss In the Court of Common Pleas
November Term 1841~ William S. Drake & Andrew
Stroub being duly sworn in open Court, upon their oath
say that the paper here now produced in open Court,
purporting to be the last will and testament of Samuel
Drake (since deceased) bearing date the 26th day of July
1841 was signed by the said Samuel Drake on the day of
the date thereof, at his residence in the said County in our
presence and view & then & there published & declared as his
last will & testament, & the said affiants then & there in
his presence & at his request, and in the presence of each other
signed their names thereto as witnesses to the same. The
said Samuel Drake at the time was about the age of
seventy four years, of sound mind & memory, & not acting
under any restraint, and further say not. Wm S. Drake
A Stroub
subscribed & sworn to in open Court
November Term 1841~ Attest~ WD Heim Clerk~
Recorded the foregoing Will etc Decr 21. 1841
Attest. WD Heim Clerk~
[corresponds to labeled page 170 of Will Records Vol. 2 - 1835-1850]
170
and ten bushels of wheat, six gees & twelve chickens and four
tons of hay & twenty five pounds of wool. Thirdly~ I give
and bequeath to my eldest daughter Anna Drake the sum
of twenty five dollars to her & her heirs forever. Fourth~
I give & devise to my eldest son Uriah Drake twenty five
dollars & to his heirs & assigns forever. Fifth~ I give and
devise to my second daughter Eliza Patten twenty five
dollars to her & her heirs & assigns forever. Sixth~ I give
& devise to x son Isaac Drake twenty dollars, to make him
equal with his brother Samuel in a watch that I gave him
to his heirs & assigns forever. Seventh, the residue of my
property if any left I gave equal to Samuel Drake, Isaac
Drake, Mariah Drake & Sarah Drake, and lastly I
hereby constitute and appoint my said wife Mary M Drake
and David Bush to be the Executors for this my last will
& testament this 26h day of July in the year of our Lord
one thousand eight hundred & forty one.
Signed & sealed in presence of Samuel Drake {seal}
Wm S Drake, Andrew Stroub~
Delaware County; Ss In the Court of Common Pleas
November Term 1841~ William S. Drake & Andrew
Stroub being duly sworn in open Court, upon their oath
say that the paper here now produced in open Court,
purporting to be the last will and testament of Samuel
Drake (since deceased) bearing date the 26th day of July
1841 was signed by the said Samuel Drake on the day of
the date thereof, at his residence in the said County in our
presence and view & then & there published & declared as his
last will & testament, & the said affiants then & there in
his presence & at his request, and in the presence of each other
signed their names thereto as witnesses to the same. The
said Samuel Drake at the time was about the age of
seventy four years, of sound mind & memory, & not acting
under any restraint, and further say not. Wm S. Drake
A Stroub
subscribed & sworn to in open Court
November Term 1841~ Attest~ WD Heim Clerk~
Recorded the foregoing Will etc Decr 21. 1841
Attest. WD Heim Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 216)
Description
[page 216]
[corresponds to labeled page 171 of Will Records Vol. 2 - 1835-1850]
171
Pleas held at the Court House in Delaware on the
26th day of November AD 1841 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel
& Ahab Jinks Esqr his Associates Judges of the court
of Common Pleas in & for the County of Delaware
in the State of Ohio
Delaware County Ss
On motion by T W Powell in behalf of the Executor
it is ordered that the authenticated copies of the last
wills & testaments of John Milton decd & Hannah
Milton decd now produced in open Court & proved
according to the laws of the State of Georgia be admitted
to record among the record of wills for this County
Gods will be done. this is mine
I John Milton of Padanarum in the County of
Burke and State of Georgia do make and ordain
this my last will and testament in manner and
form following to wit. First~ I desire that all my
just debts be fully and fairly paid so soon as possi-
-ble after my decease. Secondly~ I give and bequeath
to my dear wife Hannah Elizabeth Milton her heirs
and assigns my two grey horses called Bronze and
Alonzo to her own proper use and behoof. Thirdly~
I give and bequeath to my son Homer Virgil Milton
his heirs and assigns forever. One Thousand acres of
land lying in the County of Glynn in the State afore-
-said originally granted to Colonel James Armstrong
and by him conveyed to me. Fourthly. I give and
bequeath to my daughter Anna Maria Milton my
negro girl Tenah to have and to hold the said negro
girl Tenah~ together with the future issue and increase
of the said Negro girl Tenah, to the said Anna Maria
Milton her heirs and assigns forever. Fifthly. I give
and bequeath to my dear wife Hannah Elizabeth
Milton my son Algernon Sidney Milton, and my daugh-
ter Anna Maria Milton, their respective heirs and assigns
forever all my slaves that I may die possessed of together
with the future issue and increase of the Female slaves
the said slaves to be fairly and equally divided among them
[corresponds to labeled page 171 of Will Records Vol. 2 - 1835-1850]
171
Pleas held at the Court House in Delaware on the
26th day of November AD 1841 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel
& Ahab Jinks Esqr his Associates Judges of the court
of Common Pleas in & for the County of Delaware
in the State of Ohio
Delaware County Ss
On motion by T W Powell in behalf of the Executor
it is ordered that the authenticated copies of the last
wills & testaments of John Milton decd & Hannah
Milton decd now produced in open Court & proved
according to the laws of the State of Georgia be admitted
to record among the record of wills for this County
Gods will be done. this is mine
I John Milton of Padanarum in the County of
Burke and State of Georgia do make and ordain
this my last will and testament in manner and
form following to wit. First~ I desire that all my
just debts be fully and fairly paid so soon as possi-
-ble after my decease. Secondly~ I give and bequeath
to my dear wife Hannah Elizabeth Milton her heirs
and assigns my two grey horses called Bronze and
Alonzo to her own proper use and behoof. Thirdly~
I give and bequeath to my son Homer Virgil Milton
his heirs and assigns forever. One Thousand acres of
land lying in the County of Glynn in the State afore-
-said originally granted to Colonel James Armstrong
and by him conveyed to me. Fourthly. I give and
bequeath to my daughter Anna Maria Milton my
negro girl Tenah to have and to hold the said negro
girl Tenah~ together with the future issue and increase
of the said Negro girl Tenah, to the said Anna Maria
Milton her heirs and assigns forever. Fifthly. I give
and bequeath to my dear wife Hannah Elizabeth
Milton my son Algernon Sidney Milton, and my daugh-
ter Anna Maria Milton, their respective heirs and assigns
forever all my slaves that I may die possessed of together
with the future issue and increase of the Female slaves
the said slaves to be fairly and equally divided among them
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 217)
Description
[page 217]
[corresponds to labeled page 172 of Will Records Vol. 2 - 1835-1850]
172
the said Hannah Elizabeth Milton, Algernon Sidney
Milton and Anna Maria Milton, share and share
alike provided nevertheless that the negro gril Tenah
bequeathed in the fourth clause hereof is to be counted
as one on the share or allotment that may full to my
said daughter Anna Maria Milton. Sixthly I
desire that all my negroes may be kept together and
employed on my plantation in Burke County called
Padan-Arum for the benefit and mutual advantage
of my said wife and two children named in the
fifth clause hereof, during the natural life of my
said wife Hannah Elizabeth Milton. and that no
division of my said negroes shall take place until
my said son Algernon Sidney arrive at lawful age
or my said daughter Anna Maria Milton
Seventhly~ My further will and desire is that within
two years after the death of my said wife Hannah
Elizabeth Milton my plantation or tract of land
called and known by the name Padan-arum in
the said County of Burke /reserving thirty feet square
enclosing my immediate family burying ground &
the other two burying grounds on my said plantation/
composed of three surveys to wit. One of Three hundred
and fifty. One of Five hundred and one of thirty six
and a half acres making in the whole Eight hundred
and Eighty six and a half acres /more or less/ be sold and
disposed of the best possible advantage for the benefit
of my said and daughter. Algernon Sidney and Anna
Maria Milton and the payment of the following leg-
-acies by my Executors hereinafter named or the survivor
of theirs and in case of the death or refusal to act by my
sons Homer Virgil Milton and Algernon Sidney Milton
or the survivor of them. I give to be paid our of the
income arising out of the sale of the above lands. to
my daughter Mary Ann Armstrong Milton five hun-
-dred dollars and to my grandson John Milton son
of Homer Virgil, Five hundred dollars the said legacies
to be paid so soon after the said sale as possible.
Provided nevertheless that if my said wife Hannah
[corresponds to labeled page 172 of Will Records Vol. 2 - 1835-1850]
172
the said Hannah Elizabeth Milton, Algernon Sidney
Milton and Anna Maria Milton, share and share
alike provided nevertheless that the negro gril Tenah
bequeathed in the fourth clause hereof is to be counted
as one on the share or allotment that may full to my
said daughter Anna Maria Milton. Sixthly I
desire that all my negroes may be kept together and
employed on my plantation in Burke County called
Padan-Arum for the benefit and mutual advantage
of my said wife and two children named in the
fifth clause hereof, during the natural life of my
said wife Hannah Elizabeth Milton. and that no
division of my said negroes shall take place until
my said son Algernon Sidney arrive at lawful age
or my said daughter Anna Maria Milton
Seventhly~ My further will and desire is that within
two years after the death of my said wife Hannah
Elizabeth Milton my plantation or tract of land
called and known by the name Padan-arum in
the said County of Burke /reserving thirty feet square
enclosing my immediate family burying ground &
the other two burying grounds on my said plantation/
composed of three surveys to wit. One of Three hundred
and fifty. One of Five hundred and one of thirty six
and a half acres making in the whole Eight hundred
and Eighty six and a half acres /more or less/ be sold and
disposed of the best possible advantage for the benefit
of my said and daughter. Algernon Sidney and Anna
Maria Milton and the payment of the following leg-
-acies by my Executors hereinafter named or the survivor
of theirs and in case of the death or refusal to act by my
sons Homer Virgil Milton and Algernon Sidney Milton
or the survivor of them. I give to be paid our of the
income arising out of the sale of the above lands. to
my daughter Mary Ann Armstrong Milton five hun-
-dred dollars and to my grandson John Milton son
of Homer Virgil, Five hundred dollars the said legacies
to be paid so soon after the said sale as possible.
Provided nevertheless that if my said wife Hannah
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 218)
Description
[page 218]
[corresponds to labeled page 173 of Will Records Vol. 2 - 1835-1850]
173
Elizabeth Milton should deem it expedient and advan-
-tageous for the benefit and advantage of my said heirs
to wit herself and my son Algernon Sidney and my
daughter Anna Maria Milton, that then and in
that case the aforesaid land may be sold previous
to her death. She becoming a party as my executrix
in the said sale and to draw one equal share of
the purchase money with my son Algernon Sidney
and daughter Anna Maria Milton after paying
over the two legacies herein before mentioned. And pro-
-vided further that if my said son Algernon Sidney and
my daughter Anna Maria Milton after they arrive at law-
-ful age and after the death of my said wife Hannah
Elizabeth milton, shall agree to pay over the legacies
herein bequeathed to my daughter Mary Ann A May-
-bury and my Grandson John Milton they are by
this my will declared to be at liberty so to do and to
divided the said tract of Eight Hundred & Eighty six
acres between them as they shall think proper.
Eighthly~ My further will and desire is that all my
other lands and town lots within the state and
elsewhere shall be sold and disposed of a speedily as
possible after my decease and the monies arising from
the sales thereof after the payment of my just debts
be equally divided among my said wife and my sons
Homer Virgil and Algernon Sidney and my daugh-
-ter Mary Anne A Marbury and Anna Maria Mil-
-ton. Ninthly~ My will is that all my horses not
herein bequeathed and my stock of Black Cattle and
hogs be kept and taken of for the support of my fam
-ily to wit. my wife and two children Algernon Sidney
and Anna Maria Milton, such of my said stock of
Horses and cattle as may remain to be equally divided
among my said wife and my two children Algernon
Sidney and Anna Maria Milton when my said two
children shall arrive at lawful age. Tenthly~ I do
hereby expressly declare my Executrix and Executors
hereinafter named to be at full Liberty to dispose of my
negro or mullatto fellow called Will at any time
[corresponds to labeled page 173 of Will Records Vol. 2 - 1835-1850]
173
Elizabeth Milton should deem it expedient and advan-
-tageous for the benefit and advantage of my said heirs
to wit herself and my son Algernon Sidney and my
daughter Anna Maria Milton, that then and in
that case the aforesaid land may be sold previous
to her death. She becoming a party as my executrix
in the said sale and to draw one equal share of
the purchase money with my son Algernon Sidney
and daughter Anna Maria Milton after paying
over the two legacies herein before mentioned. And pro-
-vided further that if my said son Algernon Sidney and
my daughter Anna Maria Milton after they arrive at law-
-ful age and after the death of my said wife Hannah
Elizabeth milton, shall agree to pay over the legacies
herein bequeathed to my daughter Mary Ann A May-
-bury and my Grandson John Milton they are by
this my will declared to be at liberty so to do and to
divided the said tract of Eight Hundred & Eighty six
acres between them as they shall think proper.
Eighthly~ My further will and desire is that all my
other lands and town lots within the state and
elsewhere shall be sold and disposed of a speedily as
possible after my decease and the monies arising from
the sales thereof after the payment of my just debts
be equally divided among my said wife and my sons
Homer Virgil and Algernon Sidney and my daugh-
-ter Mary Anne A Marbury and Anna Maria Mil-
-ton. Ninthly~ My will is that all my horses not
herein bequeathed and my stock of Black Cattle and
hogs be kept and taken of for the support of my fam
-ily to wit. my wife and two children Algernon Sidney
and Anna Maria Milton, such of my said stock of
Horses and cattle as may remain to be equally divided
among my said wife and my two children Algernon
Sidney and Anna Maria Milton when my said two
children shall arrive at lawful age. Tenthly~ I do
hereby expressly declare my Executrix and Executors
hereinafter named to be at full Liberty to dispose of my
negro or mullatto fellow called Will at any time
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 219)
Description
[page 219]
[corresponds to labeled page 174 of Will Records Vol. 2 - 1835-1850]
174
they may desire proper and to apply the money for
which he may be sold to the best advantage of my wife
Hannah Elizabeth Milton and my son Algernon
Sidney and daughter Anna Maria Milton.
Eleventhly~ I desire that all debts due me may be collec-
-ted as speedily after my decease as possible and the
monies arising therefrom be applied to the benefit of my
wife and children Algernon Sidney and Anna Maria
Milton. Lastly~ I hereby constitute nominate and
appoint my loving wife Hannah E Milton my Execu-
-trix and my trusty friend the Reverend Thomas F.
Williams and Seaborn Jones Esquire. Executors of this my
last will and testament written with my own hand
In witness whereof I have hereunto set my hand and
seal this tenth day of December in the year of our Lord
One Thousand Eight Hundred and fourteen
J Milton {seal}
Signed, sealed, published pronounced and declared
by the testator as his last will and testaemnt in presence
of us Samuel Russell Sr. Charles Cheathorm, Elener
A Daberdeau~
Georgia. Burke County. Personally appeared
Elener A Daberneau who being duly sworn saith that she
was present and saw the witness named John Milton
sign. seal. publish and declare the witness to be his
last will and testament, and that he was at that
time of sound disposing mind memory and under-
-standing and that Samuel Russell and Charles
Cheathorm together with this deponent subscribed their
names as witnesses to the same and in the presence of
each other. Elenar A Daberdeau
Sworn to in open Court this 3d Novr 1817.
Saml Sturges Clerk~
Wednesday 7th January 1818~ The Court met pursuant
to adjournment~ Present the Honorable Simeon Lowry
Stephen W Blount. James Welch. James Jackson and
William Dewolf Esqrs~ Granted Letters testamentary
in the Estate of John Milton and to Hannah E Milton she
she being first sworn as the law directs
[corresponds to labeled page 174 of Will Records Vol. 2 - 1835-1850]
174
they may desire proper and to apply the money for
which he may be sold to the best advantage of my wife
Hannah Elizabeth Milton and my son Algernon
Sidney and daughter Anna Maria Milton.
Eleventhly~ I desire that all debts due me may be collec-
-ted as speedily after my decease as possible and the
monies arising therefrom be applied to the benefit of my
wife and children Algernon Sidney and Anna Maria
Milton. Lastly~ I hereby constitute nominate and
appoint my loving wife Hannah E Milton my Execu-
-trix and my trusty friend the Reverend Thomas F.
Williams and Seaborn Jones Esquire. Executors of this my
last will and testament written with my own hand
In witness whereof I have hereunto set my hand and
seal this tenth day of December in the year of our Lord
One Thousand Eight Hundred and fourteen
J Milton {seal}
Signed, sealed, published pronounced and declared
by the testator as his last will and testaemnt in presence
of us Samuel Russell Sr. Charles Cheathorm, Elener
A Daberdeau~
Georgia. Burke County. Personally appeared
Elener A Daberneau who being duly sworn saith that she
was present and saw the witness named John Milton
sign. seal. publish and declare the witness to be his
last will and testament, and that he was at that
time of sound disposing mind memory and under-
-standing and that Samuel Russell and Charles
Cheathorm together with this deponent subscribed their
names as witnesses to the same and in the presence of
each other. Elenar A Daberdeau
Sworn to in open Court this 3d Novr 1817.
Saml Sturges Clerk~
Wednesday 7th January 1818~ The Court met pursuant
to adjournment~ Present the Honorable Simeon Lowry
Stephen W Blount. James Welch. James Jackson and
William Dewolf Esqrs~ Granted Letters testamentary
in the Estate of John Milton and to Hannah E Milton she
she being first sworn as the law directs
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 220)
Description
[page 220]
[corresponds to labeled page 175 of Will Records Vol. 2 - 1835-1850]
175
State of Georgia Burke County
In the rescue of God. Amen. I Hannah E Milton
of the County and State aforesaid being duly sensible of
the frailty of human life and certainly of death but now
being through the governess of God of sound and disposing
mind and memory do make, constitute, and ordain
this to be my last will and testament. Imprimis~
I surrender my soul to God who gave it me and my
body to the Earth from whence it came wish this request
that my friends cause it to be interred in a plain Chris-
-tian like manner. Item~ I will that my mulatto
boy Gulliver be sold immediately after my decease
either at public or private sale. as my Executors may
think proper. and that the money arising from his
sale go to discharge my debts together with the money
arising from the sale of my out lands and should
there be any overplus that to be divided between ann
M Milton and the family of my son A S R Milton
Item~ I will and bequeath unto Hannah Elizabeth
Milton my child that now lives with me all my
stock of cattle, the cattle to be sold immediately and
the money to be appropriated to the best advantage
for her support. Item~ I will that my house-
-hold and kitchen furniture be equally divided between
my daughter AM Harris and the family of my
son A S R Milton. And lastly. I nominate and
appoint A.J. Lawson and B. T. Harris to be my
Executors. enjoining on them to see this my last will
and testament fully and faithfully executed
In testimony whereof I have hereunto set my
hand and affixed my seal. This 22d March 1832.
H E Milton {Seal}
Signed. sealed. published. and declared to be the
last will and testament of HE Milton in our presence
who in the presence of each other and the testator have
subscribed our names as witnesses
Seaborn H Jones
A. J. Lawson
Georgia Burke County. Personally appeared in
[corresponds to labeled page 175 of Will Records Vol. 2 - 1835-1850]
175
State of Georgia Burke County
In the rescue of God. Amen. I Hannah E Milton
of the County and State aforesaid being duly sensible of
the frailty of human life and certainly of death but now
being through the governess of God of sound and disposing
mind and memory do make, constitute, and ordain
this to be my last will and testament. Imprimis~
I surrender my soul to God who gave it me and my
body to the Earth from whence it came wish this request
that my friends cause it to be interred in a plain Chris-
-tian like manner. Item~ I will that my mulatto
boy Gulliver be sold immediately after my decease
either at public or private sale. as my Executors may
think proper. and that the money arising from his
sale go to discharge my debts together with the money
arising from the sale of my out lands and should
there be any overplus that to be divided between ann
M Milton and the family of my son A S R Milton
Item~ I will and bequeath unto Hannah Elizabeth
Milton my child that now lives with me all my
stock of cattle, the cattle to be sold immediately and
the money to be appropriated to the best advantage
for her support. Item~ I will that my house-
-hold and kitchen furniture be equally divided between
my daughter AM Harris and the family of my
son A S R Milton. And lastly. I nominate and
appoint A.J. Lawson and B. T. Harris to be my
Executors. enjoining on them to see this my last will
and testament fully and faithfully executed
In testimony whereof I have hereunto set my
hand and affixed my seal. This 22d March 1832.
H E Milton {Seal}
Signed. sealed. published. and declared to be the
last will and testament of HE Milton in our presence
who in the presence of each other and the testator have
subscribed our names as witnesses
Seaborn H Jones
A. J. Lawson
Georgia Burke County. Personally appeared in
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 221)
Description
[page 221]
[corresponds with labeled page 176 of Will Records Vol. 2 - 1835-1850]
176
open Court A J Lawson. who being duly sworn
deposeth and saith that he was present and saw
Hannah E Milton sign. seal and deliver and declare
the within instrument of writing to be her last will
and testament and that she was at the time of sound
mind memory and understanding and that he
signed the said instrument as a witness and saw
Seaborn H Jones do likewise in the presence of the tes-
-tator A.J. Lawson
Sworn to in open Court July the 6th 1835
J. G. Baduly Clerk
Georgia~ At a meeting of the Justice of the Superior
Court for the County of Burke for Gramacy purposes
on Monday the 6th day of July 1835. Present their
Honors George W Evans. Lewis F. Powell and James
W Jones. The last will and testament of Hannah
E Milton was proven in open Court by Alexr J Lawson
one of the subscribing witnesses to the same and at the
same time granted Letters Testamentary to Benjamin
F. Harris one of the Executors named in said will
Recorded the foregoing wills etcetc Feby 7th AD 1842
Attest WD Heim Clerk~
Pleas at a special Court, held at the Court House in
Delaware on the 15th day of March AD 1842 before the
Honorable John Brundige, John Lugenbeel & Ahab
Jinks, Associate Judges of the Court of Common Pleas
in & for the County of Delaware in the State of Ohio.
This day the last will & testament of John
Hoskins decd was produced in open Court, & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded,
& thereupon on motion of John Randall & John T.
Lenox the Executors in said will named, it is ordered
that letters testamontary be granted them upon their
entering into bonds in the sum of $7000.00? with
John Lenox, Robert Watkins & Paul Randall as
[corresponds with labeled page 176 of Will Records Vol. 2 - 1835-1850]
176
open Court A J Lawson. who being duly sworn
deposeth and saith that he was present and saw
Hannah E Milton sign. seal and deliver and declare
the within instrument of writing to be her last will
and testament and that she was at the time of sound
mind memory and understanding and that he
signed the said instrument as a witness and saw
Seaborn H Jones do likewise in the presence of the tes-
-tator A.J. Lawson
Sworn to in open Court July the 6th 1835
J. G. Baduly Clerk
Georgia~ At a meeting of the Justice of the Superior
Court for the County of Burke for Gramacy purposes
on Monday the 6th day of July 1835. Present their
Honors George W Evans. Lewis F. Powell and James
W Jones. The last will and testament of Hannah
E Milton was proven in open Court by Alexr J Lawson
one of the subscribing witnesses to the same and at the
same time granted Letters Testamentary to Benjamin
F. Harris one of the Executors named in said will
Recorded the foregoing wills etcetc Feby 7th AD 1842
Attest WD Heim Clerk~
Pleas at a special Court, held at the Court House in
Delaware on the 15th day of March AD 1842 before the
Honorable John Brundige, John Lugenbeel & Ahab
Jinks, Associate Judges of the Court of Common Pleas
in & for the County of Delaware in the State of Ohio.
This day the last will & testament of John
Hoskins decd was produced in open Court, & proved by
the testimony of the subscribing witnesses thereto as
reduced to writing, approved & ordered to be recorded,
& thereupon on motion of John Randall & John T.
Lenox the Executors in said will named, it is ordered
that letters testamontary be granted them upon their
entering into bonds in the sum of $7000.00? with
John Lenox, Robert Watkins & Paul Randall as
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 222)
Description
[page 222]
[corresponds with labeled page 177 of Will Records Vol. 2 - 1835-1850]
177
Security. And it is further ordered that Samuel Landon
Thomas Lavender & William M Warren appraise the
personal property of said estate.
In the name of the Benevolent Father of all
I John Hoskins of Delaware County, & State of Ohio do
make & publish this my last will & testament. 1st I
I give & devise to my beloved wife Jane Hoskins she
shall have the farm on which we now reside within
the Township of Thompson & County & State aforesaid
while she shall live my widdow and at her death this
same shall be sold and the money arising therefrom
shall be equally divided among my heirs then living
2nd I give to my son Jacob Hoskins a certain lot
of land situated and lying x the Township and
County aforesaid supposed to contain 116 acres known
by Kent Land, Lot No 5 as mentioned in said deed
and I request my administrators to give to the said
Jacob Hoskins a good warranted deed free from
charge. 3rd I give to my son Perry Hoskins Lot
No 3 of said land known by the name of the Kent
Survey in said Township and county supposed to
contain 104 acres for which I request my administra-
-tors to give him a deed when he shall have arisen
at the age of 21 years, free of charge. 4th I give to my
son Ebenezer Hoskins a certain lot of Land Known
by the name of the Kent land lying in said Township
and County aforesaid Lot No 4 supposed to contain
109 acres for which when he shall have arisen to the
age of 21 years he shall have a good warranted deed
& I request my administrators to give the same free
of charge. 5th I wish my administrators to sell a
certain lot of land situated and lying the Township
and County aforesaid in the survey Known by the
name of Baum & Perry, Virginia Military lying
west of land owned by Cyra Landon on the 2nd tier
of lots supposed to contain 101 x and twenty rods, also
part of Lots No 31. 32 supposed to contain 51 acres &
20 rods in the same survey, also one other lot of land
lying on the west side of the Scioto river in the same
Survey Known as the Henry Hoskins farm of said
[corresponds with labeled page 177 of Will Records Vol. 2 - 1835-1850]
177
Security. And it is further ordered that Samuel Landon
Thomas Lavender & William M Warren appraise the
personal property of said estate.
In the name of the Benevolent Father of all
I John Hoskins of Delaware County, & State of Ohio do
make & publish this my last will & testament. 1st I
I give & devise to my beloved wife Jane Hoskins she
shall have the farm on which we now reside within
the Township of Thompson & County & State aforesaid
while she shall live my widdow and at her death this
same shall be sold and the money arising therefrom
shall be equally divided among my heirs then living
2nd I give to my son Jacob Hoskins a certain lot
of land situated and lying x the Township and
County aforesaid supposed to contain 116 acres known
by Kent Land, Lot No 5 as mentioned in said deed
and I request my administrators to give to the said
Jacob Hoskins a good warranted deed free from
charge. 3rd I give to my son Perry Hoskins Lot
No 3 of said land known by the name of the Kent
Survey in said Township and county supposed to
contain 104 acres for which I request my administra-
-tors to give him a deed when he shall have arisen
at the age of 21 years, free of charge. 4th I give to my
son Ebenezer Hoskins a certain lot of Land Known
by the name of the Kent land lying in said Township
and County aforesaid Lot No 4 supposed to contain
109 acres for which when he shall have arisen to the
age of 21 years he shall have a good warranted deed
& I request my administrators to give the same free
of charge. 5th I wish my administrators to sell a
certain lot of land situated and lying the Township
and County aforesaid in the survey Known by the
name of Baum & Perry, Virginia Military lying
west of land owned by Cyra Landon on the 2nd tier
of lots supposed to contain 101 x and twenty rods, also
part of Lots No 31. 32 supposed to contain 51 acres &
20 rods in the same survey, also one other lot of land
lying on the west side of the Scioto river in the same
Survey Known as the Henry Hoskins farm of said
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 223)
Description
[page 223]
[corresponds to labeled page 178 of Will Records Vol. 2 - 1835-1850]
178
Township late deceased, supposed to contain 130 acres more
or less, I also wish that after my just and honest debt are
all paid, the money that shall be made by the sale of the
said lands and my personal property, shall be equally
divided amongst my heirs and the said land shall be
sold as soon as can be done to the best advantage. I also
appoint John Randall & John Lenox as my administra-
-tors of this my last will and testament I hereby auth-
-orizing and empowering them to compromise, adjust,
release and discharge in such manner as they shall deem
proper the debts and claims due me I do also empower
them to give deeds and to acknowledge and deliver in
fee simple this 25th day of Jany AD 1842.
J. Hoskins~
Signed and acknowledged by the said John Hoskins as his
last will & testament in our presence & signed by us in his
presence. James Landon~ Samuel C. Weeks~
I John Hoskins do also determine that if any one of
said heirs shall go to law for dower that they shall forfeit
all benefit in this my last will and testament, and I do
hereby authorize my administrators to carry into full
afect this request. John Hoskins
Witness~
James Landon~ Samuel C. Weeks~
The State of Ohio Delaware County Ss~
At a special Court of Common Pleas held in the Town of
Delaware March 15th 1842. James Landon & Samuel C
Weeks in open Court being duly sworn, upon their oaths
say that the paper now here produced in Court, purporting
to be the last will and testament of John Hoskins bearing
date 25th day of January 1842 was by the said John
Hoskins on the day of the date thereof at his residence in
the said County signed in their presence & acknowledged
declared & published as his last will & testament and that
they the said deponents at the request of the said John
Hoskins then & there in his presence & in the presence of each
other signed their names to the same as witnesses thereto that the
said John Hoskins was at the time about the age of fifty
six years of sound mind & memory & not acting under any
restraint. Samuel C Weeks
James Landon
[corresponds to labeled page 178 of Will Records Vol. 2 - 1835-1850]
178
Township late deceased, supposed to contain 130 acres more
or less, I also wish that after my just and honest debt are
all paid, the money that shall be made by the sale of the
said lands and my personal property, shall be equally
divided amongst my heirs and the said land shall be
sold as soon as can be done to the best advantage. I also
appoint John Randall & John Lenox as my administra-
-tors of this my last will and testament I hereby auth-
-orizing and empowering them to compromise, adjust,
release and discharge in such manner as they shall deem
proper the debts and claims due me I do also empower
them to give deeds and to acknowledge and deliver in
fee simple this 25th day of Jany AD 1842.
J. Hoskins~
Signed and acknowledged by the said John Hoskins as his
last will & testament in our presence & signed by us in his
presence. James Landon~ Samuel C. Weeks~
I John Hoskins do also determine that if any one of
said heirs shall go to law for dower that they shall forfeit
all benefit in this my last will and testament, and I do
hereby authorize my administrators to carry into full
afect this request. John Hoskins
Witness~
James Landon~ Samuel C. Weeks~
The State of Ohio Delaware County Ss~
At a special Court of Common Pleas held in the Town of
Delaware March 15th 1842. James Landon & Samuel C
Weeks in open Court being duly sworn, upon their oaths
say that the paper now here produced in Court, purporting
to be the last will and testament of John Hoskins bearing
date 25th day of January 1842 was by the said John
Hoskins on the day of the date thereof at his residence in
the said County signed in their presence & acknowledged
declared & published as his last will & testament and that
they the said deponents at the request of the said John
Hoskins then & there in his presence & in the presence of each
other signed their names to the same as witnesses thereto that the
said John Hoskins was at the time about the age of fifty
six years of sound mind & memory & not acting under any
restraint. Samuel C Weeks
James Landon
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 224)
Description
[page 224]
[corresponds with labeled page 179 of Will Records Vol. 2 - 1835-1850]
179
Subscribed & sworn to in open Court March 15th 1842
WD Heim Clerk ~
Recorded the foregoing will etc March 16th 1842
Attest~ WD Heim Clerk
Will of James Dean decd
Pleas held at the Court House in Delaware on the 5th day
of April AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab
Jinks Espr his Associates, Judges of the Court of Common
Pleas in & for the County of Delaware in the State of
Ohio. Delaware County; ss
This day the last will & testament of James
Dean decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing approved & ordered to be recorded. And
thereupon on motion of Hannah Dean & Samuel
D. Dean the Executors in said will named, It is ordered
that letters testamentary be granted them upon their
entering into bonds in the sum of $600.00? with
Thomas Jones & William Winget as security
And it is further ordered that Ezra Winget, Joseph Dodds
& James Flanagan appraise the personal property of
said estate. In the name of the beloved Father
of all, I James Dean though feeble in body yet in sound
mind blessed be God for the same, do make & publish this
my last will & testament and first I give & bequeath to
my beloved wife Hannah Dean all my estate consisting
of two hundred acres of land, the farm on which I now
live with all the personal property belonging to or in any
wise pertaining to me with the exception of one Brown
Mare and one red and white Cow that I have given
to my daughter Hannah R Dean and it is my wish
at the death of my wife that my two sons Robert
R. Dean & William A Dean if they should act the
part of children to a parent, that they get the land
on which I now live the one that gets the East half
[corresponds with labeled page 179 of Will Records Vol. 2 - 1835-1850]
179
Subscribed & sworn to in open Court March 15th 1842
WD Heim Clerk ~
Recorded the foregoing will etc March 16th 1842
Attest~ WD Heim Clerk
Will of James Dean decd
Pleas held at the Court House in Delaware on the 5th day
of April AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab
Jinks Espr his Associates, Judges of the Court of Common
Pleas in & for the County of Delaware in the State of
Ohio. Delaware County; ss
This day the last will & testament of James
Dean decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced
to writing approved & ordered to be recorded. And
thereupon on motion of Hannah Dean & Samuel
D. Dean the Executors in said will named, It is ordered
that letters testamentary be granted them upon their
entering into bonds in the sum of $600.00? with
Thomas Jones & William Winget as security
And it is further ordered that Ezra Winget, Joseph Dodds
& James Flanagan appraise the personal property of
said estate. In the name of the beloved Father
of all, I James Dean though feeble in body yet in sound
mind blessed be God for the same, do make & publish this
my last will & testament and first I give & bequeath to
my beloved wife Hannah Dean all my estate consisting
of two hundred acres of land, the farm on which I now
live with all the personal property belonging to or in any
wise pertaining to me with the exception of one Brown
Mare and one red and white Cow that I have given
to my daughter Hannah R Dean and it is my wish
at the death of my wife that my two sons Robert
R. Dean & William A Dean if they should act the
part of children to a parent, that they get the land
on which I now live the one that gets the East half
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 225)
Description
[page 225]
[corresponds to labeled page 180 of Will Records Vol. 2 - 1835-1850]
180
shall have the use of half of the orchard til they get one
of their own, also it is my will that my sons Robert R
Dean x William A Dean take the land that they pay to
each of the girls to wit, Nancy Ross shall receive five dol-
-lars, also my daughter Margaret Jones shall receive
five dollars, also my son Abraham Dean shall receive five
etc
dollars, Also John Alexander Dean, Sarah Benfield Dean,
Elizabeth Miller Dean, Margaret Jane Dean, Hannah
Dean, Nancy Dean, Rosannah Dean, James William
Dean, Heirs of my late lamented son James Dean decd
shall receive one dollar a person all to be paid when the
estate is finally settled, it is also my will that if my
daughter Hannah Dean should not marry that she
shall have her living of the farm, provided my wife
should stay on said farm, but if she should think it
best to dispose of it that Hannah if she should remain
single is still to have her living. I do hereby nominate
& appoint my beloved wife Hannah Dean Executrix &
Samuel D Dean my beloved son Executor of this my
last will & testament hereby empowering them and
authorizing them to compromise adjust & release as
they may deem proper and I do also authorize them if it
should be necessary to sell at private sale any property
to pay debts, expences etc I do hereby revoke all former
wills by me made. In testimony whereof, I have
hereunto set my hand and seal this 24th day of Septr
AD 1841. James Dean {seal}
Signed & acknowledged by said James Dean as his
last will & testament in our presence & signed by us
in his presence. Benj Rodgers~ Wm C. Winget~
Delaware County; ss~ In the Court of Common
Pleas April Term 1842~ Benjamin Rodgers and
William C. Winget being duly sworn in open Court
upon their oaths say that the paper here now produced
in open Court purporting to be the last will & testa-
-ment of James Dean /late of the said County and
now deceased/ bearing date the 24th day of September
AD 1841 and witnessed by these deponents was signed by
the said James Dean in the presence of the said Benja-
-min Rodgers who then & there saw him do the same.
[corresponds to labeled page 180 of Will Records Vol. 2 - 1835-1850]
180
shall have the use of half of the orchard til they get one
of their own, also it is my will that my sons Robert R
Dean x William A Dean take the land that they pay to
each of the girls to wit, Nancy Ross shall receive five dol-
-lars, also my daughter Margaret Jones shall receive
five dollars, also my son Abraham Dean shall receive five
etc
dollars, Also John Alexander Dean, Sarah Benfield Dean,
Elizabeth Miller Dean, Margaret Jane Dean, Hannah
Dean, Nancy Dean, Rosannah Dean, James William
Dean, Heirs of my late lamented son James Dean decd
shall receive one dollar a person all to be paid when the
estate is finally settled, it is also my will that if my
daughter Hannah Dean should not marry that she
shall have her living of the farm, provided my wife
should stay on said farm, but if she should think it
best to dispose of it that Hannah if she should remain
single is still to have her living. I do hereby nominate
& appoint my beloved wife Hannah Dean Executrix &
Samuel D Dean my beloved son Executor of this my
last will & testament hereby empowering them and
authorizing them to compromise adjust & release as
they may deem proper and I do also authorize them if it
should be necessary to sell at private sale any property
to pay debts, expences etc I do hereby revoke all former
wills by me made. In testimony whereof, I have
hereunto set my hand and seal this 24th day of Septr
AD 1841. James Dean {seal}
Signed & acknowledged by said James Dean as his
last will & testament in our presence & signed by us
in his presence. Benj Rodgers~ Wm C. Winget~
Delaware County; ss~ In the Court of Common
Pleas April Term 1842~ Benjamin Rodgers and
William C. Winget being duly sworn in open Court
upon their oaths say that the paper here now produced
in open Court purporting to be the last will & testa-
-ment of James Dean /late of the said County and
now deceased/ bearing date the 24th day of September
AD 1841 and witnessed by these deponents was signed by
the said James Dean in the presence of the said Benja-
-min Rodgers who then & there saw him do the same.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 226)
Description
[page 226]
[corresponds to labeled page 181 of Will Records Vol. 2 - 1835-1850]
181
and then & there soon afterwards acknowledged the signing
thereof to the said William C Winget, and the said Dean
then & there at his residence in Scioto Township in the
said County, published and declared the same as his
last will & testament, and we at his request and in his
presence signed our names thereto as witnesses. The said
Dean was then about the age of seventy years of sound
mind and memory and not acting under any restraint
and further say not. Benj. Rodgers
Wm C Winget
Subscribed & sworn to in open Court April 5th 1842
Attest~ WD Heim Clerk ~
Recorded the foregoing Will etc
April 16th 1842~ WD Heim Clerk~
Will of Thomas Lodwig decd
Pleas held at the Court House in Delaware on the 9th
day of April AD 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqrs his Associates, Judges of the Court of
Common Pleas & for the County of Delaware in the
State of Ohio~ Delaware County; ss
This day the last will and testament of
Thomas Lodwig decd was produced in open Court &
proved by the testimony of the subscribing witnesses
thereto as reduced to writing, approved & ordered to be
recorded~ I Thomas Lodwig of the County of
Delaware in the State of Ohio do make and publish this
my last will and testament in manner & form following
that is to say. First~ It is my will that my funeral ex-
-penses and my just debts be fully paid. Second~ I
give and devise and bequeath to my beloved wife Elizabeth
Lodwig in lieu of her dower the South end of Lot No 17
Section No 2, Township No 6 and Range No 20 U.S.
M. lands situated in Delaware County Ohio during
her natural life, also one half of all my personal prop-
-erty. Third I give and devise to my oldest son David
Lodwig one third of said described lot on the East
[corresponds to labeled page 181 of Will Records Vol. 2 - 1835-1850]
181
and then & there soon afterwards acknowledged the signing
thereof to the said William C Winget, and the said Dean
then & there at his residence in Scioto Township in the
said County, published and declared the same as his
last will & testament, and we at his request and in his
presence signed our names thereto as witnesses. The said
Dean was then about the age of seventy years of sound
mind and memory and not acting under any restraint
and further say not. Benj. Rodgers
Wm C Winget
Subscribed & sworn to in open Court April 5th 1842
Attest~ WD Heim Clerk ~
Recorded the foregoing Will etc
April 16th 1842~ WD Heim Clerk~
Will of Thomas Lodwig decd
Pleas held at the Court House in Delaware on the 9th
day of April AD 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqrs his Associates, Judges of the Court of
Common Pleas & for the County of Delaware in the
State of Ohio~ Delaware County; ss
This day the last will and testament of
Thomas Lodwig decd was produced in open Court &
proved by the testimony of the subscribing witnesses
thereto as reduced to writing, approved & ordered to be
recorded~ I Thomas Lodwig of the County of
Delaware in the State of Ohio do make and publish this
my last will and testament in manner & form following
that is to say. First~ It is my will that my funeral ex-
-penses and my just debts be fully paid. Second~ I
give and devise and bequeath to my beloved wife Elizabeth
Lodwig in lieu of her dower the South end of Lot No 17
Section No 2, Township No 6 and Range No 20 U.S.
M. lands situated in Delaware County Ohio during
her natural life, also one half of all my personal prop-
-erty. Third I give and devise to my oldest son David
Lodwig one third of said described lot on the East
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 227)
Description
[page 227]
[corresponds to labeled page 182 of Will Records Vol. 2 - 1835-1850]
182
side of said Lot, Provided that said David Lodwig is to let
his mother have the use of the house and barn during her
life time provided she does not marry and if she does
marry she is not entitled to the use of said House & Barn
Provided further that said David is to pay my oldest
daughter Catherine the sum of one hundred dollars
to be paid in three equal annual installments, the first
installment to be paid when said David arrives at the
age of twenty one years of age. Fourth I give and
devise to my son Thomas G. Lodwig one third part of
said lot being the middle third of said Lot. Provided
further that said Thomas is to pay my daughter Mary
Lettice Lodwig one hundred dollars to be paid in three
equal annual instalments the first instalment to be
paid when said Mary L. arrives at the age of eighteen
years. Fifth~ I give and devise to my son John Lodwig
the west part of said Lot provided said John Lodwig pays
to my daughter Eleanor Lodwig the sum of one hun-
-dred dollars in three equal annual instalments the first
instalment to be paid when said Eleanor arrives at the
age of eighteen years. Sixth. I give and devise the
balance of my personal property for the support of my
children for clothing Schooling etc. Seventh~ I give and
devise to my son William Lewis Lodwig the following
described lot of land /to wit/ in lot No 88 in the addition
of the town of Middletown, Radnor Township, Delaware
County, the plot of said addition is on record in Book
A page 42-43- 1837. Eighth, I do hereby constitute and
appoint my Brother John Lodwig & my brother-in-law
John A Jones Guardians for my children. And
lastly, I hereby constitute and appoint my friend
Robert Davis to be the executor for this my last will
& testament revoking and annulling all former wills by
me made and ratifying and confirming this and no
others to be my last will and testament.
Thomas Lodwig {seal}
Signed, published and declared by the above named
Thomas Lodwig as and for his last will & testament
in presence of us who at his request have signed as
witnesses to the same Radnor Oct. 29th 1841.
[corresponds to labeled page 182 of Will Records Vol. 2 - 1835-1850]
182
side of said Lot, Provided that said David Lodwig is to let
his mother have the use of the house and barn during her
life time provided she does not marry and if she does
marry she is not entitled to the use of said House & Barn
Provided further that said David is to pay my oldest
daughter Catherine the sum of one hundred dollars
to be paid in three equal annual installments, the first
installment to be paid when said David arrives at the
age of twenty one years of age. Fourth I give and
devise to my son Thomas G. Lodwig one third part of
said lot being the middle third of said Lot. Provided
further that said Thomas is to pay my daughter Mary
Lettice Lodwig one hundred dollars to be paid in three
equal annual instalments the first instalment to be
paid when said Mary L. arrives at the age of eighteen
years. Fifth~ I give and devise to my son John Lodwig
the west part of said Lot provided said John Lodwig pays
to my daughter Eleanor Lodwig the sum of one hun-
-dred dollars in three equal annual instalments the first
instalment to be paid when said Eleanor arrives at the
age of eighteen years. Sixth. I give and devise the
balance of my personal property for the support of my
children for clothing Schooling etc. Seventh~ I give and
devise to my son William Lewis Lodwig the following
described lot of land /to wit/ in lot No 88 in the addition
of the town of Middletown, Radnor Township, Delaware
County, the plot of said addition is on record in Book
A page 42-43- 1837. Eighth, I do hereby constitute and
appoint my Brother John Lodwig & my brother-in-law
John A Jones Guardians for my children. And
lastly, I hereby constitute and appoint my friend
Robert Davis to be the executor for this my last will
& testament revoking and annulling all former wills by
me made and ratifying and confirming this and no
others to be my last will and testament.
Thomas Lodwig {seal}
Signed, published and declared by the above named
Thomas Lodwig as and for his last will & testament
in presence of us who at his request have signed as
witnesses to the same Radnor Oct. 29th 1841.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 228)
Description
[page 228]
[corresponds to labeled page 183 of Will Records Vol. 2 - 1835-1850]
183
Robert Davis~ John Lodwig~ Morgan Williams.
The State of Ohio Delaware County; ss~
In the Court of Common Pleas April Term 1842
Robert Davis, John Lodwig and Morgan Williams in
open Court were duly sworn upon their oaths, depose & say
that the paper now here produced in open Court purport-
-ing to be the last will & testament of Thomas Lodwig
of Radnor, bearing date October 29th 1841 and the codicil
thereto annexed bearing date October 30th 1841 was signed
and executed by the said Thomas Lodwig each on the
respective days they severally bear date at his residence
in Radnor Township in this County, and then & there
in our presence seeing and hearing, published the same
respectively as his last will & testament and codicil
thereto attached at the several days of their respective
dates, as witnesses thereto; and that these witnesses then
& there at his request and in his presence and in the
presence of each other, signed their names to the same
severally as witnesses. That the said Thomas Lodwig
was then about forty two years of age; of sound mind
& memory and acting under no restraint, and further
say not. Robert Davis, John Lodwig, Morgan Williams
Subscribed & sworn to in open Court April Term
1842~ WD Heim Clerk~
Codicil whereas I Thomas Lodwig of Radnor township
Delaware County having made & duly executed
my last will and testament in writing bearing date
Octr 29th 1841 Now I do hereby declare this present writing
to be annexed thereto and taken as part thereof. It is
my will that my three sons David, John & Thomas
G. Lodwig will support my daughter Catherine Lod-
-wig on the farm if she be not able to maintain her-
-self. Provided said Catherine remains with her said
brothers, provided further that should said Catherine
marry then this codicil to be void. I the said Thomas
Lodwig have to this codicl set my hand and sela
this 30th day of Octr 1841. Thomas Lodwig {seal}
Executed in presence of
Robert Davis, John Lodwig, Morgan Williams~
[corresponds to labeled page 183 of Will Records Vol. 2 - 1835-1850]
183
Robert Davis~ John Lodwig~ Morgan Williams.
The State of Ohio Delaware County; ss~
In the Court of Common Pleas April Term 1842
Robert Davis, John Lodwig and Morgan Williams in
open Court were duly sworn upon their oaths, depose & say
that the paper now here produced in open Court purport-
-ing to be the last will & testament of Thomas Lodwig
of Radnor, bearing date October 29th 1841 and the codicil
thereto annexed bearing date October 30th 1841 was signed
and executed by the said Thomas Lodwig each on the
respective days they severally bear date at his residence
in Radnor Township in this County, and then & there
in our presence seeing and hearing, published the same
respectively as his last will & testament and codicil
thereto attached at the several days of their respective
dates, as witnesses thereto; and that these witnesses then
& there at his request and in his presence and in the
presence of each other, signed their names to the same
severally as witnesses. That the said Thomas Lodwig
was then about forty two years of age; of sound mind
& memory and acting under no restraint, and further
say not. Robert Davis, John Lodwig, Morgan Williams
Subscribed & sworn to in open Court April Term
1842~ WD Heim Clerk~
Codicil whereas I Thomas Lodwig of Radnor township
Delaware County having made & duly executed
my last will and testament in writing bearing date
Octr 29th 1841 Now I do hereby declare this present writing
to be annexed thereto and taken as part thereof. It is
my will that my three sons David, John & Thomas
G. Lodwig will support my daughter Catherine Lod-
-wig on the farm if she be not able to maintain her-
-self. Provided said Catherine remains with her said
brothers, provided further that should said Catherine
marry then this codicil to be void. I the said Thomas
Lodwig have to this codicl set my hand and sela
this 30th day of Octr 1841. Thomas Lodwig {seal}
Executed in presence of
Robert Davis, John Lodwig, Morgan Williams~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 229)
Description
[page 229]
[corresponds to labeled page 184 of Will Records Vol. 2 - 1835-1850]
184
Recorded the foregoing Will & Codicil etc.
April 18th 1842~ Attest WD Heim Clerk
Will of Evan James decd
Pleas held at the Court House in Delaware on the 12th day of
April AD 1842 before the Honorable Joseph R Swan Presi-
-dent & John Brundige, John Lugenbeel & Ahab Jinks
Esqrs his Associates, Judges of the Court of Common Pleas
in & for the County of Delaware in the State of Ohio.
Delaware County; ss This day the last will &
testament of Evan James decd was produced in open
Court & proved by the testimony of the subscribing witnesses
thereto as reduced to writing, approved & ordered to be
recorded. I Evan James of the County of
Delaware in the State of Ohio, having made a former will
or testament while resident at a place called Blaencumden
in the Parish of Llanlluny in the County of Carmarthen
in South Wales, Great Britain, dated May 2d AD 1837
which will was deposited in the hands of Griffith Jones
Brynllefrith in the Parish of Llanwenog in the County of
Cardigan South Wales, Great Britain. And in said will
I bequeath the leasehold of the Messuage tenement
and lands of Blaencumder aforesaid during the con-
tinuance thereof to the said Griffith Jones in trust, he
however to pay the bequests and legacies as specified in
said will, to all the personal therein named, and it is my
will at present that said will shall be valid in law
for all the proposed therein expressed. And now having
emigrated to America and owning property at my
present place of residence, do make & publish this my
last will & testament /in addition to my former will
as above stated/ in manner & form following that is to
say. First. It is my will that my funeral expences &
all my just debts be fully paid. Second~ I give devise and
bequeath to my beloved wife Esther James in leiu of her
dower /together with the bequests made to her in the
former will/ the west half of the plantation on which
we now reside, being the west half of lot number
[corresponds to labeled page 184 of Will Records Vol. 2 - 1835-1850]
184
Recorded the foregoing Will & Codicil etc.
April 18th 1842~ Attest WD Heim Clerk
Will of Evan James decd
Pleas held at the Court House in Delaware on the 12th day of
April AD 1842 before the Honorable Joseph R Swan Presi-
-dent & John Brundige, John Lugenbeel & Ahab Jinks
Esqrs his Associates, Judges of the Court of Common Pleas
in & for the County of Delaware in the State of Ohio.
Delaware County; ss This day the last will &
testament of Evan James decd was produced in open
Court & proved by the testimony of the subscribing witnesses
thereto as reduced to writing, approved & ordered to be
recorded. I Evan James of the County of
Delaware in the State of Ohio, having made a former will
or testament while resident at a place called Blaencumden
in the Parish of Llanlluny in the County of Carmarthen
in South Wales, Great Britain, dated May 2d AD 1837
which will was deposited in the hands of Griffith Jones
Brynllefrith in the Parish of Llanwenog in the County of
Cardigan South Wales, Great Britain. And in said will
I bequeath the leasehold of the Messuage tenement
and lands of Blaencumder aforesaid during the con-
tinuance thereof to the said Griffith Jones in trust, he
however to pay the bequests and legacies as specified in
said will, to all the personal therein named, and it is my
will at present that said will shall be valid in law
for all the proposed therein expressed. And now having
emigrated to America and owning property at my
present place of residence, do make & publish this my
last will & testament /in addition to my former will
as above stated/ in manner & form following that is to
say. First. It is my will that my funeral expences &
all my just debts be fully paid. Second~ I give devise and
bequeath to my beloved wife Esther James in leiu of her
dower /together with the bequests made to her in the
former will/ the west half of the plantation on which
we now reside, being the west half of lot number
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 230)
Description
[page 230]
[corresponds to labeled page 185 of Will Records Vol. 2 - 1835-1850]
185
twenty five containing fifty acres during her natural
life with full possession and all the profits there of. And
after the death of my beloved wife Ester James it is
my will that it be divided as follows, that is to say I
bequeath to my Grand daughter Asneth the daughter
of my daughter Asneth fifteen acres in the South west
corner of said lot number twenty five and the remain-
-der of the said west half of said lot twenty five to be
equally divided between my two daughters Jane
James and Susannah James. Also my beloved wife
Esther James is to have and receive all my personal
property and money if any remains after all my debts
and funeral expences and other legal charges are paid.
Third~ I give and devise to my daughter Jane twenty
four acres of land in the South end of the east half of the
said lot twenty five on which we now reside~ Fourth~
I give and bequeath to my daughter Susannah twenty
six acres of land in the North and of the east half of
the said lot twenty five on which we now reside and
also my brass clock after the death of my beloved
wife Esther James. Fifth~ I give and bequeath to my
grand daughter Asneth, the daughter of my daughter
Asneth fifteen dollars to be paid to her without in-
-terest when she arrives at the age of eighteen years.
Sixth~ I give and bequeath to my daughter Sarah
Jones one dollar, and to my daughter Asneth Thomas
one dollar, and to my son John James one dollar, and
to my daughter Mary James one dollar, And to my
son Evan James one dollar to be paid within one
year from my death. Seventh and lastly, I hereby
constitute and appoint Moses Powell to be the executor
of this my last will and testament and I hereby in-
-struct and by this will empower him to collect and
receipt for my auction money due to me which I
ordered to be remitted to my order by Major Herbert
Evans from Wales, and when he shall receive it to pay
the Mortgage given by me to David Shaw and David
Peoples for the sum of four hundred dollars on the
premises I now reside upon ratifying and confirming
this and no other, to be my last will and testament
[corresponds to labeled page 185 of Will Records Vol. 2 - 1835-1850]
185
twenty five containing fifty acres during her natural
life with full possession and all the profits there of. And
after the death of my beloved wife Ester James it is
my will that it be divided as follows, that is to say I
bequeath to my Grand daughter Asneth the daughter
of my daughter Asneth fifteen acres in the South west
corner of said lot number twenty five and the remain-
-der of the said west half of said lot twenty five to be
equally divided between my two daughters Jane
James and Susannah James. Also my beloved wife
Esther James is to have and receive all my personal
property and money if any remains after all my debts
and funeral expences and other legal charges are paid.
Third~ I give and devise to my daughter Jane twenty
four acres of land in the South end of the east half of the
said lot twenty five on which we now reside~ Fourth~
I give and bequeath to my daughter Susannah twenty
six acres of land in the North and of the east half of
the said lot twenty five on which we now reside and
also my brass clock after the death of my beloved
wife Esther James. Fifth~ I give and bequeath to my
grand daughter Asneth, the daughter of my daughter
Asneth fifteen dollars to be paid to her without in-
-terest when she arrives at the age of eighteen years.
Sixth~ I give and bequeath to my daughter Sarah
Jones one dollar, and to my daughter Asneth Thomas
one dollar, and to my son John James one dollar, and
to my daughter Mary James one dollar, And to my
son Evan James one dollar to be paid within one
year from my death. Seventh and lastly, I hereby
constitute and appoint Moses Powell to be the executor
of this my last will and testament and I hereby in-
-struct and by this will empower him to collect and
receipt for my auction money due to me which I
ordered to be remitted to my order by Major Herbert
Evans from Wales, and when he shall receive it to pay
the Mortgage given by me to David Shaw and David
Peoples for the sum of four hundred dollars on the
premises I now reside upon ratifying and confirming
this and no other, to be my last will and testament
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 231)
Description
[page 231]
[corresponds to labeled page 186 of Will Records Vol. 2 - 1835-1850]
186
In testimony whereof I have hereunto set my hand
and seal this 7th day of May in the year of our Lord
one thousand eight hundred and thirty eight
Evan James {seal}
Signed published and declared by the above named
Evan James as and for his last will and testament
in presence of us who at his request have signed as wit-
-nesses to the same. John Evans~ Benjamin Jones~
In the Court of Common Pleas April Term 1842
John Evans & Benjamin Jones in open Court were duly
sworn & upon their oaths say that the paper now here
produced in open Court purporting to be the last will
& testament of Evan James and bearing date the 7th
day of May 1838 was signed by the said Evan James
/now decd/ at his residence in Bennington Township
in the said County on the day of the date thereof and
then & there by him published and declared as his last
will and testament in the presence seeing and hearing
of these witnesses and that these witnesses then and
there at his request and in his presence and in the
presence of each other signed their names to the same
as witnesses. That the said Evan James was then at
least sixty years of age, of sound mind and memory
and acting under no restraint, and further say not
Benjamin Jones~ John Evans
Subscribed & sworn to in open Court, April Term 1842
Attest WD Heim Clerk
Recorded the foregoing Will etc
April 18th 1842~ Attest WD Heim Clerk
Will of Caleb North decd
Pleas held at the Court House in Delaware on the 5th day
of April AD 1842. before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his Asso-
-ciates Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio
Delaware County Ss
[corresponds to labeled page 186 of Will Records Vol. 2 - 1835-1850]
186
In testimony whereof I have hereunto set my hand
and seal this 7th day of May in the year of our Lord
one thousand eight hundred and thirty eight
Evan James {seal}
Signed published and declared by the above named
Evan James as and for his last will and testament
in presence of us who at his request have signed as wit-
-nesses to the same. John Evans~ Benjamin Jones~
In the Court of Common Pleas April Term 1842
John Evans & Benjamin Jones in open Court were duly
sworn & upon their oaths say that the paper now here
produced in open Court purporting to be the last will
& testament of Evan James and bearing date the 7th
day of May 1838 was signed by the said Evan James
/now decd/ at his residence in Bennington Township
in the said County on the day of the date thereof and
then & there by him published and declared as his last
will and testament in the presence seeing and hearing
of these witnesses and that these witnesses then and
there at his request and in his presence and in the
presence of each other signed their names to the same
as witnesses. That the said Evan James was then at
least sixty years of age, of sound mind and memory
and acting under no restraint, and further say not
Benjamin Jones~ John Evans
Subscribed & sworn to in open Court, April Term 1842
Attest WD Heim Clerk
Recorded the foregoing Will etc
April 18th 1842~ Attest WD Heim Clerk
Will of Caleb North decd
Pleas held at the Court House in Delaware on the 5th day
of April AD 1842. before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his Asso-
-ciates Judges of the Court of Common Pleas in & for the County
of Delaware in the State of Ohio
Delaware County Ss
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 232)
Description
[page 232]
[corresponds with labeled page 187 of Will Records Vol. 2 - 1835-1850]
187
On motion by T.W. Powell in behalf of the Exer it is ordered
that the authenticated copy of the last will & testament of Caleb
North decd now produced in open Court & proved according to
the laws of the State of Pennsylvania. be admitted to record
among the record of wills for this County
Be it remembered that I Caleb North of Coventry Town-
-ship Cluster County and State of Pennsylvania being though
infinite mercy of sound mind and memory but duly sensible of
the uncertainty of human life have thought fit to make and
do hereby make this my last will and testament revoking all
& every other will & testament heretofore by me. Imprimis ~ All
my just debts and funeral expenses to be paid as soon as possible
Item~ I give and bequeath to my beloved wife Lydia my House
No 279. in Chesnut Street Philadelphia with the incumbrance
of the ground rent of One hundred & ten dollars per annum
and a mortgage of Five thousand dollars in interest at Six per
cent. My house & lot No 17 Crown Street~ Philadelphia clear of
incumbrance with two shares of Philadelphia & Lancaster
turnpike stock with as much as the household furniture and
plate bedding &c as she may see cause to take for herself.
my wife I as now and direct that the houses above men-
-tioned the Lancaster and Philadelphia Turnpike Stock
with the furniture she may leave behind her shall be sold and
the proceeds equally divided amongst the following legatees
my children Caleb, Emmeline, George, Maria, Edwin,
and Ella, but if any of the should die before they come to
inherit their legal heirs shall take their shares. Item to
my daughter Ann Emory I give and bequeath all the
account x her in my books and Two hundred dollars in cash
in full for her legacy of my Estate + Item I give and bequeath
to my daugher-in-law Mariah North and Mariah Perfect
widows and relict of my son Francis Asbury North and my
grand daughter Louisa North my tract of four hundred
and fifty acres of Donation land No 7 in the third quarter
of the fifth x in the Sixteenth Range in the State of Ohio to hold
the same as tenants in common their heirs and assigns in full
of all claims against my Estate as a legacy or other wise. Item~
I give and bequeath to my son Caleb North and to my son
George Washington North their heirs and assigns as tenants
[corresponds with labeled page 187 of Will Records Vol. 2 - 1835-1850]
187
On motion by T.W. Powell in behalf of the Exer it is ordered
that the authenticated copy of the last will & testament of Caleb
North decd now produced in open Court & proved according to
the laws of the State of Pennsylvania. be admitted to record
among the record of wills for this County
Be it remembered that I Caleb North of Coventry Town-
-ship Cluster County and State of Pennsylvania being though
infinite mercy of sound mind and memory but duly sensible of
the uncertainty of human life have thought fit to make and
do hereby make this my last will and testament revoking all
& every other will & testament heretofore by me. Imprimis ~ All
my just debts and funeral expenses to be paid as soon as possible
Item~ I give and bequeath to my beloved wife Lydia my House
No 279. in Chesnut Street Philadelphia with the incumbrance
of the ground rent of One hundred & ten dollars per annum
and a mortgage of Five thousand dollars in interest at Six per
cent. My house & lot No 17 Crown Street~ Philadelphia clear of
incumbrance with two shares of Philadelphia & Lancaster
turnpike stock with as much as the household furniture and
plate bedding &c as she may see cause to take for herself.
my wife I as now and direct that the houses above men-
-tioned the Lancaster and Philadelphia Turnpike Stock
with the furniture she may leave behind her shall be sold and
the proceeds equally divided amongst the following legatees
my children Caleb, Emmeline, George, Maria, Edwin,
and Ella, but if any of the should die before they come to
inherit their legal heirs shall take their shares. Item to
my daughter Ann Emory I give and bequeath all the
account x her in my books and Two hundred dollars in cash
in full for her legacy of my Estate + Item I give and bequeath
to my daugher-in-law Mariah North and Mariah Perfect
widows and relict of my son Francis Asbury North and my
grand daughter Louisa North my tract of four hundred
and fifty acres of Donation land No 7 in the third quarter
of the fifth x in the Sixteenth Range in the State of Ohio to hold
the same as tenants in common their heirs and assigns in full
of all claims against my Estate as a legacy or other wise. Item~
I give and bequeath to my son Caleb North and to my son
George Washington North their heirs and assigns as tenants
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 233)
Description
[page 233]
[corresponds to labeled page 188 of Will Records Vol. 2 - 1835-1850]
188
in common my tract of donation land No 19. District No 2
now Butler County State of Pennsylvania containing five hun-
-dred acres. Item I give and bequeath to my son Edwin North
my tract of land lot No 198. in the 16th district of Donation lands
Eri County State of Pennsylvania. near Waterford containing
Two hundred and fifty acres. And I do authorize my Executors
to sell my Estate in Coventry the house in which I now dwell
with all the furniture that my wife may not want for her and
and my single daughters use. all the horses, cows, sheep, swine
wagon, Cart Ploughs Harrows. and every implement of of
husbandry the grain that may be in the ground. and every
moveable property belonging to me. And my farm in Delaware
which with every other property not already disposed of with
amount of two notes that I hold of George Washington North
& Co and all money that may be owe me, will from a capital
to divide amongst the following legatees my children in one
year after my death. if practicable viz Caleb one sixth. Emme-
-line one sixth part. Maria one sixth part, George Washington
one sixth part. Edwin One Sixth part, and Ella one sixth
part. And if any of them should die before they come to inherit
and leave children the child or children shall take the parents
part. And I as appoint my son George Washington to be
the guardian and councilor of my son Caleb North during his
natural life. And lastly I as nominate and appoint my
esteemed friend Alexander Benson Executor of this my
last will and testament + "Item to my daughter Sarah
Benson I give and bequeath all the account I have against her
in my books in full for her legacy of My Estate"~ I Witness
whereof I have hereunto set my hand and seal this thirteenth
day of March One thousand Eight hundred and thirty seven
Caleb North {seal}
Signed, sealed, published and declared by the testator Caleb
North, proved as his last will and testament in the presence
of us who at his request and in his presence have hereunto
subscribed was named. Jnr Young, Edwin North~
Codicil. Be it remembered that in the twenty second day
of April 1837. I have in mature consideration intended the
power of my Executor with the approbation of my wife Lydia
that if it should be deemed for the advantage of the Estate
to sell the home No 279 Chesnut St subject to the ground rent
[corresponds to labeled page 188 of Will Records Vol. 2 - 1835-1850]
188
in common my tract of donation land No 19. District No 2
now Butler County State of Pennsylvania containing five hun-
-dred acres. Item I give and bequeath to my son Edwin North
my tract of land lot No 198. in the 16th district of Donation lands
Eri County State of Pennsylvania. near Waterford containing
Two hundred and fifty acres. And I do authorize my Executors
to sell my Estate in Coventry the house in which I now dwell
with all the furniture that my wife may not want for her and
and my single daughters use. all the horses, cows, sheep, swine
wagon, Cart Ploughs Harrows. and every implement of of
husbandry the grain that may be in the ground. and every
moveable property belonging to me. And my farm in Delaware
which with every other property not already disposed of with
amount of two notes that I hold of George Washington North
& Co and all money that may be owe me, will from a capital
to divide amongst the following legatees my children in one
year after my death. if practicable viz Caleb one sixth. Emme-
-line one sixth part. Maria one sixth part, George Washington
one sixth part. Edwin One Sixth part, and Ella one sixth
part. And if any of them should die before they come to inherit
and leave children the child or children shall take the parents
part. And I as appoint my son George Washington to be
the guardian and councilor of my son Caleb North during his
natural life. And lastly I as nominate and appoint my
esteemed friend Alexander Benson Executor of this my
last will and testament + "Item to my daughter Sarah
Benson I give and bequeath all the account I have against her
in my books in full for her legacy of My Estate"~ I Witness
whereof I have hereunto set my hand and seal this thirteenth
day of March One thousand Eight hundred and thirty seven
Caleb North {seal}
Signed, sealed, published and declared by the testator Caleb
North, proved as his last will and testament in the presence
of us who at his request and in his presence have hereunto
subscribed was named. Jnr Young, Edwin North~
Codicil. Be it remembered that in the twenty second day
of April 1837. I have in mature consideration intended the
power of my Executor with the approbation of my wife Lydia
that if it should be deemed for the advantage of the Estate
to sell the home No 279 Chesnut St subject to the ground rent
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 234)
Description
[page 234]
[corresponds to labeled page 189 of Will Records Vol. 2 - 1835-1850]
189
and the mortgage therein so as to realize five thousand dollars
and vest that sum in such stock as they may deem safe for
the benefit and support of the widow during her life. they have
my full approbation and authority to do so and to make
the lawful consequences for the same. And further I as
consent that if it should be the wish and agreement of all the
interested legatees to hold the Coventry Estate during their
Mothers life for the benefit of the family and then to be sold
agreeably to my last will and testament they have my full
consent with the approbation of my Executor so to do. The
words No 279 Chesnut St inserted over the cresine in the 5th
line~ Witness my hand and seal the day and year above
written Caleb North {seal}
Witness Jno Young. Edwin North.
Chester County Ss I Jess Coulson Register for the probate
of Wills and granting Letters of Administration in & for said
County. do certify that the foregoing is is a true Copy of the
Will and codicil of the said Caleb North deceased as the same
was duly proved on the 2d day of December 1840. & Letters
Testamentary therein duly granted to Alexander Benson
the Executor named in said Will
{seal} In testimony whereof I have hereunto set my
hand and affixed the seal of my office at West Chester in
said County the 5th day of July AD 1841.
Jesse Coulson Register
I Thomas S Bell President~ Judge of the fifteenth
judicial district of the Commonwealth of Pennsylvania
composed of the Counties of Chester and Delaware do certify
that the within attestation of Jesse Coulson Esqr is in due form
and made by the proper officer. In testimony whereof I have
hereunto set my hand and seal this first day of October AD
One thousand Eight hundred & forty one
Thos S Bell.
"Pennsylvania. Chester County SS I Saml Pinkerton proxy
of the Court of Common Pleas in & for the County aforesaid do
certify that the Honorable Thomas S Bell Esquire who
has certified the foregoing attestation is duly commissioned
& qualified President Judges of the Court of Common Pleas
in the fifteenth Judicial district of the Commonwealth of
[corresponds to labeled page 189 of Will Records Vol. 2 - 1835-1850]
189
and the mortgage therein so as to realize five thousand dollars
and vest that sum in such stock as they may deem safe for
the benefit and support of the widow during her life. they have
my full approbation and authority to do so and to make
the lawful consequences for the same. And further I as
consent that if it should be the wish and agreement of all the
interested legatees to hold the Coventry Estate during their
Mothers life for the benefit of the family and then to be sold
agreeably to my last will and testament they have my full
consent with the approbation of my Executor so to do. The
words No 279 Chesnut St inserted over the cresine in the 5th
line~ Witness my hand and seal the day and year above
written Caleb North {seal}
Witness Jno Young. Edwin North.
Chester County Ss I Jess Coulson Register for the probate
of Wills and granting Letters of Administration in & for said
County. do certify that the foregoing is is a true Copy of the
Will and codicil of the said Caleb North deceased as the same
was duly proved on the 2d day of December 1840. & Letters
Testamentary therein duly granted to Alexander Benson
the Executor named in said Will
{seal} In testimony whereof I have hereunto set my
hand and affixed the seal of my office at West Chester in
said County the 5th day of July AD 1841.
Jesse Coulson Register
I Thomas S Bell President~ Judge of the fifteenth
judicial district of the Commonwealth of Pennsylvania
composed of the Counties of Chester and Delaware do certify
that the within attestation of Jesse Coulson Esqr is in due form
and made by the proper officer. In testimony whereof I have
hereunto set my hand and seal this first day of October AD
One thousand Eight hundred & forty one
Thos S Bell.
"Pennsylvania. Chester County SS I Saml Pinkerton proxy
of the Court of Common Pleas in & for the County aforesaid do
certify that the Honorable Thomas S Bell Esquire who
has certified the foregoing attestation is duly commissioned
& qualified President Judges of the Court of Common Pleas
in the fifteenth Judicial district of the Commonwealth of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 235)
Description
[page 235]
[corresponds to labeled page 190 of Will Records Vol. 2 - 1835-1850]
190
Pennsylvania of which the County of Chester forms a part
{seal} In testimony whereof I have hereunto set my
hand & affixed the seal of said Court at West Chester in said
County the 4th of October AD One thousand Eight hundred & forty one
Samuel Pinkerton Past
Recorded the foregoing Will June 10th 1842.
Attest W D Heim Clerk
Will of John White decd
Pleas held at the Court House in Delaware on the 13th day of
June AD 1842 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his associates
Judges of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio. Delaware County; ss~
This day the last will & testament of John White decd
was produced in open Court & proved by the testimony of the
subscribing witnesses thereto as reduced to writing, approved &
ordered to be recorded. I John White of Kingston
Township, Delaware County Ohio being advanced in life and
considering the uncertainty of life and yet sound of mind do
make & ordain this my last will & testament revoking any &
all other wills by me made at any former time. First~
It is my request that my funeral expences be fully paid.
Second~ That all my just debts be fully paid. Thirdly~
I do bequeath unto my wife Charity White my whole estate
both real & personal property for her use and benefit during
her natural life. Fourthly~ I do bequeath unto my eldest Son
James White one family Bible worth five dollars to be
delivered to him by my Executors after the decease of my wife.
Fifthly~ I do bequeath unto the residue of my sons & daughters
(namely) my sons David White, William White & John White Jr
my daughters Polly Brown, Mary Ann Hall, Nancy Stewart
Jane Benedict, Margaret Collum and Charity Wilcox all the
remaining part of my estate both real & personal property that
may remain at the decease of my wife to be equally divided
among, among the before named sons & daughters after the decease
[corresponds to labeled page 190 of Will Records Vol. 2 - 1835-1850]
190
Pennsylvania of which the County of Chester forms a part
{seal} In testimony whereof I have hereunto set my
hand & affixed the seal of said Court at West Chester in said
County the 4th of October AD One thousand Eight hundred & forty one
Samuel Pinkerton Past
Recorded the foregoing Will June 10th 1842.
Attest W D Heim Clerk
Will of John White decd
Pleas held at the Court House in Delaware on the 13th day of
June AD 1842 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his associates
Judges of the Court of Common Pleas in & for the County of
Delaware in the State of Ohio. Delaware County; ss~
This day the last will & testament of John White decd
was produced in open Court & proved by the testimony of the
subscribing witnesses thereto as reduced to writing, approved &
ordered to be recorded. I John White of Kingston
Township, Delaware County Ohio being advanced in life and
considering the uncertainty of life and yet sound of mind do
make & ordain this my last will & testament revoking any &
all other wills by me made at any former time. First~
It is my request that my funeral expences be fully paid.
Second~ That all my just debts be fully paid. Thirdly~
I do bequeath unto my wife Charity White my whole estate
both real & personal property for her use and benefit during
her natural life. Fourthly~ I do bequeath unto my eldest Son
James White one family Bible worth five dollars to be
delivered to him by my Executors after the decease of my wife.
Fifthly~ I do bequeath unto the residue of my sons & daughters
(namely) my sons David White, William White & John White Jr
my daughters Polly Brown, Mary Ann Hall, Nancy Stewart
Jane Benedict, Margaret Collum and Charity Wilcox all the
remaining part of my estate both real & personal property that
may remain at the decease of my wife to be equally divided
among, among the before named sons & daughters after the decease
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 236)
Description
[page 236]
[corresponds to labeled page 191 of Will Records Vol. 2 - 1835-1850]
191
of my wife Charity White. Sixthly~ It is also my will & request
that my son John White Jr have sufficient land of the lot I
now hold in Kingston Township, Delaware County Ohio,
for a road from the East end of the lot now owned by said
John White Jr to the County road where it now is laid being
about forty or fifty rods from said John White Jr lane road
to own on the South side of my lot to said County road.
Lastly I do appoint Elijah Carney of Berkshire & Benjamin
Benedict of Kingston Township Delaware County Ohio my
Executors to settle all my wordly concerns according to this
my last will & testament~ In testimony whereof I have
this day affixed my hand & seal the twenty third day of
November AD 1841~ John White
Signed sealed in the presence of us who witness the same at
the request of the testator. Robert Ferguson~ Wm Mathey
In the Court of Common Pleas for
Delaware County, June Term 1842~
Delaware County ss~ Robert Ferguson & William Mathey
came into open Court and being duly sworn upon their
oaths say that on or about the 23d day of November AD 1841
they were called upon to witness the last will & testament
of John White at his residence in Kingston Township in the
said County which will is now here produced in open Court
bearing date the day & year last aforesaid that they then &
there saw him sign the same and heard him publish & declare
the same as his last will & testament and that they then & there
at his request & in his presence and in the presence of each
other signed their names thereto as witnesses. That the said
John White was then about the age of seventy six years of
sound mind & memory & not acting under any restraint and
that he is since deceased & further say not.
Robert Ferguson~ Wm Mathey
Subscribed & sworn to in open Court, June Term AD 1842
Attest WD Heim Clerk
Recorded the foregoing Wills etc July 2d 1842
Attest WD Heim Clerk
[corresponds to labeled page 191 of Will Records Vol. 2 - 1835-1850]
191
of my wife Charity White. Sixthly~ It is also my will & request
that my son John White Jr have sufficient land of the lot I
now hold in Kingston Township, Delaware County Ohio,
for a road from the East end of the lot now owned by said
John White Jr to the County road where it now is laid being
about forty or fifty rods from said John White Jr lane road
to own on the South side of my lot to said County road.
Lastly I do appoint Elijah Carney of Berkshire & Benjamin
Benedict of Kingston Township Delaware County Ohio my
Executors to settle all my wordly concerns according to this
my last will & testament~ In testimony whereof I have
this day affixed my hand & seal the twenty third day of
November AD 1841~ John White
Signed sealed in the presence of us who witness the same at
the request of the testator. Robert Ferguson~ Wm Mathey
In the Court of Common Pleas for
Delaware County, June Term 1842~
Delaware County ss~ Robert Ferguson & William Mathey
came into open Court and being duly sworn upon their
oaths say that on or about the 23d day of November AD 1841
they were called upon to witness the last will & testament
of John White at his residence in Kingston Township in the
said County which will is now here produced in open Court
bearing date the day & year last aforesaid that they then &
there saw him sign the same and heard him publish & declare
the same as his last will & testament and that they then & there
at his request & in his presence and in the presence of each
other signed their names thereto as witnesses. That the said
John White was then about the age of seventy six years of
sound mind & memory & not acting under any restraint and
that he is since deceased & further say not.
Robert Ferguson~ Wm Mathey
Subscribed & sworn to in open Court, June Term AD 1842
Attest WD Heim Clerk
Recorded the foregoing Wills etc July 2d 1842
Attest WD Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 237)
Description
[page 237]
[corresponds to labeled page 192 of Will Records Vol. 2 - 1835-1850]
192
Will of Peter Parker decd
Pleas held at the Court House in Delaware on the 15th day of
June AD 1842 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associates, Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
Delaware County: ss~ This day the last will & testament
of Peter Parker decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as reduced to
writing, approved & ordered to be recorded and thereupon on motion
of Sally Parker the Executrix therein named & residuary legatee
It is ordered that the said Executrix enter into bonds in the sum
of $1000.00? with Norman Patrick & John Kempton as security
conditions according to law, and the said Sally Parker widow
of said Peter Parker decd appeared in open Court, & makes her
election to take under the said will.
I~ Peter Parker of the County of Delaware in the State of Ohio
do make and publish this my last will and testament in
manner & form following, that is to say. First~ It x my will
that my funeral expences and all my just debts be fully paid
Second~ I give and bequeath to my beloved wife Sally Parker
in lieu of her dower the Town Lots on which we now live they
being numbered as follows No one & two, also the two out lots
No one & two, to have & to hold during her natural life and all
of the live stock, Cows & Hogs etc by me now owned, also all the
House hold furniture and all moneys, notes & papers which is
due and coming to the said estate and other items not particu-
-larly named and otherwise disposed of in this will during her
natural life as aforesaid, and at the death of my wife all the
property hereby devised or bequeathed to her as aforesaid or so
much as there may be left after paying the heirs what may
be alloted them, I give to my youngest daughter Juliann
Parker and to her heirs & assigns forever. Third ~ I give and
bequeath to my oldest son Peter Parker five dollars. Fourth~
I give & bequeath to my second son John Parker ^five dollars. Fifth~ I give
& bequeath to my son-in-law Thomas Hiscock five dollars.
Sixth~ I give and bequeath to my daughter Mary Tufts five
dollars. Seventh~ I give and bequeath to my youngest son
Asa Parker five dollars. Eighth I give to my grand daughter
[corresponds to labeled page 192 of Will Records Vol. 2 - 1835-1850]
192
Will of Peter Parker decd
Pleas held at the Court House in Delaware on the 15th day of
June AD 1842 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associates, Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
Delaware County: ss~ This day the last will & testament
of Peter Parker decd was produced in open Court & proved by
the testimony of the subscribing witnesses thereto as reduced to
writing, approved & ordered to be recorded and thereupon on motion
of Sally Parker the Executrix therein named & residuary legatee
It is ordered that the said Executrix enter into bonds in the sum
of $1000.00? with Norman Patrick & John Kempton as security
conditions according to law, and the said Sally Parker widow
of said Peter Parker decd appeared in open Court, & makes her
election to take under the said will.
I~ Peter Parker of the County of Delaware in the State of Ohio
do make and publish this my last will and testament in
manner & form following, that is to say. First~ It x my will
that my funeral expences and all my just debts be fully paid
Second~ I give and bequeath to my beloved wife Sally Parker
in lieu of her dower the Town Lots on which we now live they
being numbered as follows No one & two, also the two out lots
No one & two, to have & to hold during her natural life and all
of the live stock, Cows & Hogs etc by me now owned, also all the
House hold furniture and all moneys, notes & papers which is
due and coming to the said estate and other items not particu-
-larly named and otherwise disposed of in this will during her
natural life as aforesaid, and at the death of my wife all the
property hereby devised or bequeathed to her as aforesaid or so
much as there may be left after paying the heirs what may
be alloted them, I give to my youngest daughter Juliann
Parker and to her heirs & assigns forever. Third ~ I give and
bequeath to my oldest son Peter Parker five dollars. Fourth~
I give & bequeath to my second son John Parker ^five dollars. Fifth~ I give
& bequeath to my son-in-law Thomas Hiscock five dollars.
Sixth~ I give and bequeath to my daughter Mary Tufts five
dollars. Seventh~ I give and bequeath to my youngest son
Asa Parker five dollars. Eighth I give to my grand daughter
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 238)
Description
[page 238]
[corresponds to labeled page 193 of Will Records Vol. 2 - 1835-1850]
193
Sally Hescock who now lives with me fifty dollars. And
lastly, I hereby appoint my said wife Sally Parker to be the
Executor for this my last will and testament revoking and
annuling all former wills by me made and ratifying and
confirming this and no other to be my last will & testament
In testimony whereof I have hereunto set my hand & seal
this 16th day of Sept AD 1840. Peter Parker
Signed, published and declared by the above named Peter
Parker as and for his last will & testament in presence of us
who at his request have signed as witnesses to the same.
Attest~ Amos W Condit~ John Kempton~ Silas W Condit~
The State of Ohio Delaware County: ss
Personally appeared in open Court John Kempton & Silas H
Condit and being duly qualified deposeth and saith that they
were present and saw Peter Parker late of said Delaware County
sign and seal the will hereto annexed, and by his request
attested the same, affiants further state that he was at the
time of sound mind and well disposed not under any
restraint or under influence. John Kempton
Silas W Condit~
Sworn & Subscribed to in open Court this 15th June 1842~
WD Heim Clerk
Recorded the foregoing Will etc July 2d 1842
Attest WD Heim Clerk~
Will of Daniel Shoemaker decd
Pleas held at the Court House in Delaware on the 16th day of June
AD 1842 before the Honorable Joseph R Swan President & John
Brundige, John Lugenbeel & Ahab Jinks Esqr his associates
Judges of the Court of Common Pleas in & for the County of
Delaware, in the State of Ohio. Delaware County; ss
This day the last will & testament of Daniel
Shoemaker decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing approved & ordered to be recorded, And thereupon
Harriet Shoemaker widow of said Daniel Shoemaker decd
personally appeared in open Court & made her election to take
under the said will. I Daniel Shoemaker of the
[corresponds to labeled page 193 of Will Records Vol. 2 - 1835-1850]
193
Sally Hescock who now lives with me fifty dollars. And
lastly, I hereby appoint my said wife Sally Parker to be the
Executor for this my last will and testament revoking and
annuling all former wills by me made and ratifying and
confirming this and no other to be my last will & testament
In testimony whereof I have hereunto set my hand & seal
this 16th day of Sept AD 1840. Peter Parker
Signed, published and declared by the above named Peter
Parker as and for his last will & testament in presence of us
who at his request have signed as witnesses to the same.
Attest~ Amos W Condit~ John Kempton~ Silas W Condit~
The State of Ohio Delaware County: ss
Personally appeared in open Court John Kempton & Silas H
Condit and being duly qualified deposeth and saith that they
were present and saw Peter Parker late of said Delaware County
sign and seal the will hereto annexed, and by his request
attested the same, affiants further state that he was at the
time of sound mind and well disposed not under any
restraint or under influence. John Kempton
Silas W Condit~
Sworn & Subscribed to in open Court this 15th June 1842~
WD Heim Clerk
Recorded the foregoing Will etc July 2d 1842
Attest WD Heim Clerk~
Will of Daniel Shoemaker decd
Pleas held at the Court House in Delaware on the 16th day of June
AD 1842 before the Honorable Joseph R Swan President & John
Brundige, John Lugenbeel & Ahab Jinks Esqr his associates
Judges of the Court of Common Pleas in & for the County of
Delaware, in the State of Ohio. Delaware County; ss
This day the last will & testament of Daniel
Shoemaker decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing approved & ordered to be recorded, And thereupon
Harriet Shoemaker widow of said Daniel Shoemaker decd
personally appeared in open Court & made her election to take
under the said will. I Daniel Shoemaker of the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 239)
Description
[page 239]
[corresponds to labeled page 194 of Will Records Vol. 2 - 1835-1850]
194
County of Delaware in the State of Ohio do make & publish
this my last will & testament in manner & form following
that is to say. First~ It is my will that my funeral expences
and all my just debts be paid. Second, I give devise and
bequeath to my beloved wife Harriet Shoemaker in lieu of
her dower one third of all my real estate while she remains
a widow and all the live stock, horses, cows sheep, hogs and by
me now owned also all the Household furniture and other
items not particularly named and otherwise disposed of in this
will while she remains a widow as aforesaid she however
disposing of a sufficiency thereof to pay my just debts as aforesaid
and that at the death or marriage of my said wife all the prop-
-erty hereby devised or bequeathed to her as aforesaid or so much
thereof as may then remain unexpended to my two sons
Adam S. Shoemaker & Milton B Shoemaker and my two daugh-
-ters Adela & Adaline Shoemaker and to their heirs and assigns
forever. Third~ I give and devise to my to sons Adam S and
Milton B Shoemaker two thirds of all my real estate provided
they do within one year after said Adaline Shoemaker becomes
of age pay to the said Adela and Adeline Shoemaker one fourth
the real value of the aforementioned two thirds of my real
estate as it may then be appraised. And lastly I hereby constitute
and appoint my wife said Harriet Shoemaker and Milton B
Smith to be the Executors for this my last will & testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last
will & testament. In testimony whereof I have hereunto set
my hand and seal this the twenty sixth day of April in
the year of our Lord eighteen hundred and forty two.
Daniel Shoemaker {seal}
Signed, published and declared by the above named Daniel
Shoemaker as and for his last will and testament in presence
of us who at his request have signed as witnesses to the same
interlined before signed~ Stephen Rosevelt
William Slack~
State of Ohio Delaware County: ss~ Court of Common
Pleas June Term AD 1842 Stephen Rosevelt & William
Slack in open Court being duly sworn upon their oaths
depose and say that the paper now here produced in open
Court, purporting to be the last will & testament of Daniel
[corresponds to labeled page 194 of Will Records Vol. 2 - 1835-1850]
194
County of Delaware in the State of Ohio do make & publish
this my last will & testament in manner & form following
that is to say. First~ It is my will that my funeral expences
and all my just debts be paid. Second, I give devise and
bequeath to my beloved wife Harriet Shoemaker in lieu of
her dower one third of all my real estate while she remains
a widow and all the live stock, horses, cows sheep, hogs and by
me now owned also all the Household furniture and other
items not particularly named and otherwise disposed of in this
will while she remains a widow as aforesaid she however
disposing of a sufficiency thereof to pay my just debts as aforesaid
and that at the death or marriage of my said wife all the prop-
-erty hereby devised or bequeathed to her as aforesaid or so much
thereof as may then remain unexpended to my two sons
Adam S. Shoemaker & Milton B Shoemaker and my two daugh-
-ters Adela & Adaline Shoemaker and to their heirs and assigns
forever. Third~ I give and devise to my to sons Adam S and
Milton B Shoemaker two thirds of all my real estate provided
they do within one year after said Adaline Shoemaker becomes
of age pay to the said Adela and Adeline Shoemaker one fourth
the real value of the aforementioned two thirds of my real
estate as it may then be appraised. And lastly I hereby constitute
and appoint my wife said Harriet Shoemaker and Milton B
Smith to be the Executors for this my last will & testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last
will & testament. In testimony whereof I have hereunto set
my hand and seal this the twenty sixth day of April in
the year of our Lord eighteen hundred and forty two.
Daniel Shoemaker {seal}
Signed, published and declared by the above named Daniel
Shoemaker as and for his last will and testament in presence
of us who at his request have signed as witnesses to the same
interlined before signed~ Stephen Rosevelt
William Slack~
State of Ohio Delaware County: ss~ Court of Common
Pleas June Term AD 1842 Stephen Rosevelt & William
Slack in open Court being duly sworn upon their oaths
depose and say that the paper now here produced in open
Court, purporting to be the last will & testament of Daniel
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 240)
Description
[page 240]
[corresponds to labeled page 195 of Will Records Vol. 2 - 1835-1850]
195
Shoemaker of said County and State bearing date the twenty
sixth day of April, in the year of our Lord one thousand
eight hundred and forty two, was signed and executed by
the said Daniel Shoemaker on the day it bears date at his
residence in said County and then & there in our presence
seeing and hearing published the same as his last will
and testament and that these witnesses then & there at
his request and in his presence and in the presence of each
other signed their names to the same severally as witnesses
thereto~ that the said Daniel Shoemaker was then about the
age of 37 years of sound mind and memory and acting
under no restraint. And further say not~
Stephen Rosevelt~ william Slack~
Subscribed & sworn to in open Court June Term AD 1842
Attest WD Heim Clerk~
Recorded the foregoing Will etc July 6 1842
Attest WD Heim Clerk~
Will of James Cochran decd
Pleas held at the Court House in Delaware on the 19th day of
Septr AD 1840 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associates Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
Delaware County; ss~ This day the last will and
testament of James Cochran decd was produced in Court
& the testimony of Francis Maize one of the subscribing
witnesses thereto as reduced to writing & filed~ & thereupon on
motion this matter is continued for the further action of
this Court. And afterwards, now at this time
to wit; at the June term of the Court of Common Pleas, con-
-tinued & held for said County, on the 17th day of June AD 1842,
before the Judges aforesaid, the following proceedings were had
& entered in regard to said will, to wit~
The last will & testament of James Cochran decd was
produced in Court at the September term of this Court for
the year 1840 & the same was proved by the testimony of
[corresponds to labeled page 195 of Will Records Vol. 2 - 1835-1850]
195
Shoemaker of said County and State bearing date the twenty
sixth day of April, in the year of our Lord one thousand
eight hundred and forty two, was signed and executed by
the said Daniel Shoemaker on the day it bears date at his
residence in said County and then & there in our presence
seeing and hearing published the same as his last will
and testament and that these witnesses then & there at
his request and in his presence and in the presence of each
other signed their names to the same severally as witnesses
thereto~ that the said Daniel Shoemaker was then about the
age of 37 years of sound mind and memory and acting
under no restraint. And further say not~
Stephen Rosevelt~ william Slack~
Subscribed & sworn to in open Court June Term AD 1842
Attest WD Heim Clerk~
Recorded the foregoing Will etc July 6 1842
Attest WD Heim Clerk~
Will of James Cochran decd
Pleas held at the Court House in Delaware on the 19th day of
Septr AD 1840 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associates Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
Delaware County; ss~ This day the last will and
testament of James Cochran decd was produced in Court
& the testimony of Francis Maize one of the subscribing
witnesses thereto as reduced to writing & filed~ & thereupon on
motion this matter is continued for the further action of
this Court. And afterwards, now at this time
to wit; at the June term of the Court of Common Pleas, con-
-tinued & held for said County, on the 17th day of June AD 1842,
before the Judges aforesaid, the following proceedings were had
& entered in regard to said will, to wit~
The last will & testament of James Cochran decd was
produced in Court at the September term of this Court for
the year 1840 & the same was proved by the testimony of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 241)
Description
[page 241]
[corresponds to labeled page 196 of Will Records Vol. 2 - 1835-1850]
196
Francis Maize one of the subscribing witnesses thereto which
was reduced to writing, And now at this term comes Roswell
Fields the other subscribing witnesses to the said will whose
testimony was also reduced to writing. It is therefore considered
that the said will was duly proved & it is ordered to be recorded.
And thereupon Elizabeth Cochran widow of said James
Cochran decd personally appeared in open Court & made
her election to take under the said will.
I James Cochran of the County of Delaware and State
of Ohio do make & constitute this my last will and testament
in manner & form following to wit; First~ I will that my
just debts be all paid. Second~ I bequeath to my wife Elizabeth
Cochran all my personal property and and the farm I now
live on in Thompson Township Delaware County Ohio
during her natural life I also will that at her death the
said farm be equally divided amonst my children having
purchased a tract of land from Baum & Perry in Thompson
Township Delaware County, Ohio for which I have paid a
certain sum of money so much of the said land as the
money I have paid will pay for I bequeath to my daughter
Martha, further I will and bequeath to my daughters
Eliza Noble, Martha & Susanah Cochran the same amount
of furniture and Stock that my daughters daughters Rebeka
Landon, Sarah Landon and Maria Evans have received
which is to be paid out of my personal property bequeathed to
my wife Elizabeth Cochran. Lastly~ I will that John F
Dunlap of Delaware County Ohio be Executor of this my
last will and testament signed this eleventh day of August
eighteen hundred and forty.
In the presence of James Q [his mark] Cochran~
Francis Maize~ Roswell Field~
The State of Ohio Delaware County; ss
Common Pleas September Term 1840. Francis Maize
appeared in open Court and being duly sworn upon his
oath says that the paper now here produced in Court pur-
-porting to be the last will & testament of James Cochran
bearing date August 11th 1840 was by the said James
Cochran at his residence in the said County declared and
published as his last will & testament and then & there by
him signed with his mark in the presence of this affiant
[corresponds to labeled page 196 of Will Records Vol. 2 - 1835-1850]
196
Francis Maize one of the subscribing witnesses thereto which
was reduced to writing, And now at this term comes Roswell
Fields the other subscribing witnesses to the said will whose
testimony was also reduced to writing. It is therefore considered
that the said will was duly proved & it is ordered to be recorded.
And thereupon Elizabeth Cochran widow of said James
Cochran decd personally appeared in open Court & made
her election to take under the said will.
I James Cochran of the County of Delaware and State
of Ohio do make & constitute this my last will and testament
in manner & form following to wit; First~ I will that my
just debts be all paid. Second~ I bequeath to my wife Elizabeth
Cochran all my personal property and and the farm I now
live on in Thompson Township Delaware County Ohio
during her natural life I also will that at her death the
said farm be equally divided amonst my children having
purchased a tract of land from Baum & Perry in Thompson
Township Delaware County, Ohio for which I have paid a
certain sum of money so much of the said land as the
money I have paid will pay for I bequeath to my daughter
Martha, further I will and bequeath to my daughters
Eliza Noble, Martha & Susanah Cochran the same amount
of furniture and Stock that my daughters daughters Rebeka
Landon, Sarah Landon and Maria Evans have received
which is to be paid out of my personal property bequeathed to
my wife Elizabeth Cochran. Lastly~ I will that John F
Dunlap of Delaware County Ohio be Executor of this my
last will and testament signed this eleventh day of August
eighteen hundred and forty.
In the presence of James Q [his mark] Cochran~
Francis Maize~ Roswell Field~
The State of Ohio Delaware County; ss
Common Pleas September Term 1840. Francis Maize
appeared in open Court and being duly sworn upon his
oath says that the paper now here produced in Court pur-
-porting to be the last will & testament of James Cochran
bearing date August 11th 1840 was by the said James
Cochran at his residence in the said County declared and
published as his last will & testament and then & there by
him signed with his mark in the presence of this affiant
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 242)
Description
[page 242]
[corresponds to labeled page 197 of Will Records Vol. 2 - 1835-1850]
197
and Roswell Field witnesses thereto, and that the said wit-
-nesses then & there at the request of the said Cochran in his
presence & in the presence of each other signed their names
thereto as witnesses thereto. That the said Cochran was
then of full age of sound mind & memory and acting under
no restraint, and further say not. Francis Maize~
Subscribed & sworn to in open Court, September Term 1840
Attest~ WD Heim Clerk~
And Roswell Field being also sworn in open Court &
says that the above affidavit is true and that he also
witnessed the execution of the said will in manner as stated
in the above affidavit. Roswell Field
Subscribed & sworn to in open Court June Term 1842
Attest WD Heim Clerk~
Recorded the foregoing Will etc July 7th AD 1842
Attest WD Heim Clerk~
_______________________________________________________________
Will of Ephraim Markel decd
___________________________
Pleas held at the Court House in Delaware on the 18th day of
June AD 1842 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associates, Judges of the Court of Common Pleas in & for
the County of Delaware in the State of Ohio.
This day the last will & testament of Ephraim
Markle decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing by D.T. Fuller Special Master Commissioner appointed
by the Court for that purpose, approved & ordered to be
recorded, and thereupon on motion of John Lugenbeel and
Jacob Wotring two of the Executors in said will named.
It is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of $20,000?
with Christian Gast, Benjamin Ely, John Gast and
Benjamin Powers as security. And it is further ordered
that John Moyer, Robert Watkins & Jonathan P. Brokins
appraise the personal property of said estate.
[corresponds to labeled page 197 of Will Records Vol. 2 - 1835-1850]
197
and Roswell Field witnesses thereto, and that the said wit-
-nesses then & there at the request of the said Cochran in his
presence & in the presence of each other signed their names
thereto as witnesses thereto. That the said Cochran was
then of full age of sound mind & memory and acting under
no restraint, and further say not. Francis Maize~
Subscribed & sworn to in open Court, September Term 1840
Attest~ WD Heim Clerk~
And Roswell Field being also sworn in open Court &
says that the above affidavit is true and that he also
witnessed the execution of the said will in manner as stated
in the above affidavit. Roswell Field
Subscribed & sworn to in open Court June Term 1842
Attest WD Heim Clerk~
Recorded the foregoing Will etc July 7th AD 1842
Attest WD Heim Clerk~
_______________________________________________________________
Will of Ephraim Markel decd
___________________________
Pleas held at the Court House in Delaware on the 18th day of
June AD 1842 before the Honorable Joseph R Swan President
& John Brundige, John Lugenbeel & Ahab Jinks Esqr his
Associates, Judges of the Court of Common Pleas in & for
the County of Delaware in the State of Ohio.
This day the last will & testament of Ephraim
Markle decd was produced in open Court & proved by the
testimony of the subscribing witnesses thereto as reduced to
writing by D.T. Fuller Special Master Commissioner appointed
by the Court for that purpose, approved & ordered to be
recorded, and thereupon on motion of John Lugenbeel and
Jacob Wotring two of the Executors in said will named.
It is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of $20,000?
with Christian Gast, Benjamin Ely, John Gast and
Benjamin Powers as security. And it is further ordered
that John Moyer, Robert Watkins & Jonathan P. Brokins
appraise the personal property of said estate.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 243)
Description
[page 243]
[corresponds with labeled page 198 of Will Records Vol. 2 - 1835-1850]
198
In the name of God, Amen~ I Ephraim Markel of
Thompson Township in the County of Delaware and in the
State of Ohio do make and publish this my last will and
testament in manner and form following that is to say.
First~ It is my will that my funeral expenses and all my just
debts be fully paid. Second~ I give devise and bequeath to my
son Ezra Markel his heirs & their heirs and assigns and no
others a tract of land purchased by me from David Purden
situated in Greencamp Township, Marion County Ohio.
Third~ I give devise and bequeath to my son John Markel
seven hundred dollars. Fourth~ I give devise and bequeath
to my son Daniel Markel seven hundred dollars.
Fifth~ I give devise and bequeath to my son Eli Markel
seven hundred dollars. Sixth~ I give devise and bequeath
to my daughter Hannah Purden & her heirs and their assigns
the following described tract of land commencing at the
South west corner of O.D. Pettibones land running thence
westwardly on the line of land owned by M.B. Knofsker
ninety three poles, thence northwardly far enough to contain
fifty acres by running Eastwardly to O.D. Pettibones west line.
Seventh~ I give devise and bequeath to my grand children
children of my son Aaron and of my daughter Rachel
Parks and lately Rachael Fairchild and the children of
Mary Rakestraw the residue of my property after the above
legacies are paid to be divided equally among my grand
children. And lastly I hereby constitute and appoint my
friend John Lugenbeel and Jacob Wotring and Thomas
Patten to be the Executors for this my last will and testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last
will and testament. In testimony whereof I have
hereunto set my hand and seal this 22nd day of February
AD 1842. Ephraim Markel {seal}
Signed, sealed, published, and declared by the
above named Ephriam Markel as and for his last will and
testament in presence of us who at his request have signed as
witnesses to the same Thomas Patten
David Powers
State of Ohio Delaward County; ss Delaware Common
Pleas June Term 1842~ In the matter of the Probate of
[corresponds with labeled page 198 of Will Records Vol. 2 - 1835-1850]
198
In the name of God, Amen~ I Ephraim Markel of
Thompson Township in the County of Delaware and in the
State of Ohio do make and publish this my last will and
testament in manner and form following that is to say.
First~ It is my will that my funeral expenses and all my just
debts be fully paid. Second~ I give devise and bequeath to my
son Ezra Markel his heirs & their heirs and assigns and no
others a tract of land purchased by me from David Purden
situated in Greencamp Township, Marion County Ohio.
Third~ I give devise and bequeath to my son John Markel
seven hundred dollars. Fourth~ I give devise and bequeath
to my son Daniel Markel seven hundred dollars.
Fifth~ I give devise and bequeath to my son Eli Markel
seven hundred dollars. Sixth~ I give devise and bequeath
to my daughter Hannah Purden & her heirs and their assigns
the following described tract of land commencing at the
South west corner of O.D. Pettibones land running thence
westwardly on the line of land owned by M.B. Knofsker
ninety three poles, thence northwardly far enough to contain
fifty acres by running Eastwardly to O.D. Pettibones west line.
Seventh~ I give devise and bequeath to my grand children
children of my son Aaron and of my daughter Rachel
Parks and lately Rachael Fairchild and the children of
Mary Rakestraw the residue of my property after the above
legacies are paid to be divided equally among my grand
children. And lastly I hereby constitute and appoint my
friend John Lugenbeel and Jacob Wotring and Thomas
Patten to be the Executors for this my last will and testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last
will and testament. In testimony whereof I have
hereunto set my hand and seal this 22nd day of February
AD 1842. Ephraim Markel {seal}
Signed, sealed, published, and declared by the
above named Ephriam Markel as and for his last will and
testament in presence of us who at his request have signed as
witnesses to the same Thomas Patten
David Powers
State of Ohio Delaward County; ss Delaware Common
Pleas June Term 1842~ In the matter of the Probate of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 244)
Description
[page 244]
[corresponds to labeled page 199 of Will Records Vol. 2 - 1835-1850]
199
the last will & testament of Ephraim Markel late of said
County deceased. Depositions taken by D.T. Fuller special
Master Commissioner for that purpose. Thomas Patten being
duly sworn deposes and says that he wrote the will here-
-with submitted at the request of Ephraim Markel the
testator, that the said Markel signed it in his presence
and acknowledged it to be his free act and deed he further
says that he copied the will from another at the request
of the testator; except a change as to the executors; and
that the said Testator said to him, that the one he copied
from was his, the Testator's last will & testament except
the change as to the executors, he further says that he
signed it in presence of the other witness, at the request
of the Testator, and that both signed in the presence of
the Testator, that the said Testator was of sound mind
and was under no restraint or influence.
Cross examined by the Attornies of the Heirs at Law~
Says that he knows he signed the said will as witness
thereto on the day of the date of the will that never signed
it as witness after the day of the date of said will,
the witness further says that what he has deposed above
as to the execution of the said will by said Testator relates
alone to what was done on the day of date of said will
Question~ "Was the signature of Ephraim Markel
as it now appears on the said will written on the date
of said will"~ Answer "No" ~ Question~ "When was
the said signature placed to the will" Answer "About
a week or two after the date thereof" Question~ Who
were present at the last signing~ Answer Myself and
the other witness and if any body else David Parks & wife
but witness is not certain that any other one was present
No witness signed the will at the time of the last signing
by Testator, and no one was requested to sign the will at
that time as witness. Question "were you and the other
witness ever requested to witness the will more than once
Answer "No~ Question~ At the time the Testator last
signed the will did he declare it to be his last will and
testament or not "Answer~ No, not that I recollect of
Question "Did Testator then say any thing to that effect
Answer~ I cannot recollect positively~ Witness further
[corresponds to labeled page 199 of Will Records Vol. 2 - 1835-1850]
199
the last will & testament of Ephraim Markel late of said
County deceased. Depositions taken by D.T. Fuller special
Master Commissioner for that purpose. Thomas Patten being
duly sworn deposes and says that he wrote the will here-
-with submitted at the request of Ephraim Markel the
testator, that the said Markel signed it in his presence
and acknowledged it to be his free act and deed he further
says that he copied the will from another at the request
of the testator; except a change as to the executors; and
that the said Testator said to him, that the one he copied
from was his, the Testator's last will & testament except
the change as to the executors, he further says that he
signed it in presence of the other witness, at the request
of the Testator, and that both signed in the presence of
the Testator, that the said Testator was of sound mind
and was under no restraint or influence.
Cross examined by the Attornies of the Heirs at Law~
Says that he knows he signed the said will as witness
thereto on the day of the date of the will that never signed
it as witness after the day of the date of said will,
the witness further says that what he has deposed above
as to the execution of the said will by said Testator relates
alone to what was done on the day of date of said will
Question~ "Was the signature of Ephraim Markel
as it now appears on the said will written on the date
of said will"~ Answer "No" ~ Question~ "When was
the said signature placed to the will" Answer "About
a week or two after the date thereof" Question~ Who
were present at the last signing~ Answer Myself and
the other witness and if any body else David Parks & wife
but witness is not certain that any other one was present
No witness signed the will at the time of the last signing
by Testator, and no one was requested to sign the will at
that time as witness. Question "were you and the other
witness ever requested to witness the will more than once
Answer "No~ Question~ At the time the Testator last
signed the will did he declare it to be his last will and
testament or not "Answer~ No, not that I recollect of
Question "Did Testator then say any thing to that effect
Answer~ I cannot recollect positively~ Witness further
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 245)
Description
[page 245]
[corresponds to labeled page 200 of Will Records Vol. 2 - 1835-1850]
200
says that the name of said Testator first subscribed to said will
was scratched out by this witness at the request of the said
Testator, this was done the same day that it was signed
by the Testator the second time or few minutes before he
signed it the second time. Re-examined~ Witness says
that both subscribing witnesses to the will signed it at the
request of the Testator. The first signing of the will was on
the day of the date thereof, he, the Testator, requested both
subscribing witnesses to attend at the time of the last sign-
-ing of the will, the Testator assigned as a reason for having
his first signature scratched out, that he had just recovered
from a spell of sickness when he wrote and his hand trembled
so that his signature was scarcely legible, witness further says
that Testator also said that his signature first written, was
so bad that he was afraid it would have an effect upon
the will, there were no alterations made in the will between
the first and last signing thereof except scratching out and
signing again, the will was in witness' possession between
the first and last signing, the Testator was of sound mind
and memory at the time he signed the last time, that
Testator was under no restraint at the time of the last
signing. Thomas Patten~
~Also Dennis Powers on his oath deposes and says
that he was present at the execution of the will herewith
submitted at the date thereof~ does not think that he saw
the testator sign his name to it, testator asked this depo-
-nent to sign his name as witness to said will ^testator was in the
same room with witness when he signed his name as
witness, the testator was sitting at a table, he got up, and
requested this deponent to sign his name as a witness to
the will, testator said it was his free act and deed, the
paper here exhibited called the will is the same one he
witnessed at the request of testator. I did not know at
the time I witnessed it that it was the will of the testator
the testator did not say at that time that it was his
will, but in a conversation afterwards with testator and
Thomas Patten he learnt that it might probably be his
will, after witness signed it, he testator was telling
Thomas Patten that he had forgotten to put into it a
certain amount of the first money, due from Wotring
[corresponds to labeled page 200 of Will Records Vol. 2 - 1835-1850]
200
says that the name of said Testator first subscribed to said will
was scratched out by this witness at the request of the said
Testator, this was done the same day that it was signed
by the Testator the second time or few minutes before he
signed it the second time. Re-examined~ Witness says
that both subscribing witnesses to the will signed it at the
request of the Testator. The first signing of the will was on
the day of the date thereof, he, the Testator, requested both
subscribing witnesses to attend at the time of the last sign-
-ing of the will, the Testator assigned as a reason for having
his first signature scratched out, that he had just recovered
from a spell of sickness when he wrote and his hand trembled
so that his signature was scarcely legible, witness further says
that Testator also said that his signature first written, was
so bad that he was afraid it would have an effect upon
the will, there were no alterations made in the will between
the first and last signing thereof except scratching out and
signing again, the will was in witness' possession between
the first and last signing, the Testator was of sound mind
and memory at the time he signed the last time, that
Testator was under no restraint at the time of the last
signing. Thomas Patten~
~Also Dennis Powers on his oath deposes and says
that he was present at the execution of the will herewith
submitted at the date thereof~ does not think that he saw
the testator sign his name to it, testator asked this depo-
-nent to sign his name as witness to said will ^testator was in the
same room with witness when he signed his name as
witness, the testator was sitting at a table, he got up, and
requested this deponent to sign his name as a witness to
the will, testator said it was his free act and deed, the
paper here exhibited called the will is the same one he
witnessed at the request of testator. I did not know at
the time I witnessed it that it was the will of the testator
the testator did not say at that time that it was his
will, but in a conversation afterwards with testator and
Thomas Patten he learnt that it might probably be his
will, after witness signed it, he testator was telling
Thomas Patten that he had forgotten to put into it a
certain amount of the first money, due from Wotring
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 246)
Description
[page 246]
[corresponds to labeled page 201 of Will Records Vol. 2 - 1835-1850]
201
to Eli, from which conversation witness drew the inference
that the paper he signed was a will, and this conversation
was at the same interview, at which he signed the paper.
Witness signed it but he knows not when Patten signed
it did not see him sign it, witness cannot tell whether
Patten's name was signed to said will, before testator got
up and requested deponent to sign it, saw the testator
get up go to the table and sign his name to said will
was present at the second signing of the will. Testator
gave as a reason for having his name scratched out and
writing it a second time, that he had written it the first
time so poor, that he as afraid it could not be read
All the reason he assigned was he was afraid it could
not be read, at that time he testator did not manifest
any desire to alter the will. Thomas Patten and witness
were both present at the time of the second signing of
the will. Cross Examined~ At the time witness
signed the paper as witness he saw Mr Patten sitting at
the table writing, Patten got up and said to testator he
was ready, testator then sat down and wrote his name
to said paper, as soon as testator got up deponent wrote
his deponent's name as witness. Patten's name was written
as witness before deponent wrote his name as witness
Deponent did not see Mr. Patten sit down to the table to
write after testator got up. After testator signed the will
the first time, he said he intended Eli to have something
on the first money due from Wotring, witness cannot
recollect the words exactly but he testator was so forgetful
testator said it was strange that he was so forgetfull
that he could not get that in. Testator also said "there
is another thing I have forgotten. I have made no
provision in the will what should be done with money
going to heirs that will not for some time come of
"age" all this happened immediately after signing the
will the first time, testator expressed no other dissatis-
-faction that witness heard at the second signing of the
will, that testator asked witness to stay till his son
John had gone for he was afraid he had written his
name the first time so that it could not be read witness
saw testator put his name to the will the second time
[corresponds to labeled page 201 of Will Records Vol. 2 - 1835-1850]
201
to Eli, from which conversation witness drew the inference
that the paper he signed was a will, and this conversation
was at the same interview, at which he signed the paper.
Witness signed it but he knows not when Patten signed
it did not see him sign it, witness cannot tell whether
Patten's name was signed to said will, before testator got
up and requested deponent to sign it, saw the testator
get up go to the table and sign his name to said will
was present at the second signing of the will. Testator
gave as a reason for having his name scratched out and
writing it a second time, that he had written it the first
time so poor, that he as afraid it could not be read
All the reason he assigned was he was afraid it could
not be read, at that time he testator did not manifest
any desire to alter the will. Thomas Patten and witness
were both present at the time of the second signing of
the will. Cross Examined~ At the time witness
signed the paper as witness he saw Mr Patten sitting at
the table writing, Patten got up and said to testator he
was ready, testator then sat down and wrote his name
to said paper, as soon as testator got up deponent wrote
his deponent's name as witness. Patten's name was written
as witness before deponent wrote his name as witness
Deponent did not see Mr. Patten sit down to the table to
write after testator got up. After testator signed the will
the first time, he said he intended Eli to have something
on the first money due from Wotring, witness cannot
recollect the words exactly but he testator was so forgetful
testator said it was strange that he was so forgetfull
that he could not get that in. Testator also said "there
is another thing I have forgotten. I have made no
provision in the will what should be done with money
going to heirs that will not for some time come of
"age" all this happened immediately after signing the
will the first time, testator expressed no other dissatis-
-faction that witness heard at the second signing of the
will, that testator asked witness to stay till his son
John had gone for he was afraid he had written his
name the first time so that it could not be read witness
saw testator put his name to the will the second time
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 247)
Description
[page 247]
[corresponds to labeled page 202 of Will Records Vol. 2 - 1835-1850]
202
witness saw the name first written had been scratched out
At the second signing, the witness did not hear him
testator, say any thing about its being his will, did not ask
deponent to witness it. Re-examined~ At the time testator
said he was so forgetful he did not ask Patten to make
any alteration in the will, at the second signing of the will
testator manifested an anxiety to have his name written so
that it might be legible, but deponent saw nor heard nothing
from testator manifesting an anxiety to have the will
altered, at the second signing of the will, the mind of the
testator was sufficiently sound "to take a bite out of any man
in a trade" testator was under no restraint that witness knows
of & further says not. Dennis Powers~
Thomas Patten recalled by counsel for the will, says that
the testator signed the will the first time before he Patten
signed it as witness, and further says not.
Thomas Patten~
Taken and signed before me June 16th 1842~
D.T. Fuller S. Mast Commr
Recorded the foregoing Will &c July 8 1842
Attest~ WD Heim Clerk~
________________________________________________________________
Will of William Bull decd
_________________________
Pleas held at the Court House in Delaware before on
the 12th day of October AD 1842, before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of Com-
-mon Pleas in & for the County of Delaware in the State of
Ohio
This day the last will & testament of William Bull
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded
"I William Bull of Berkshire Township Delaware
County Ohio being of feeble health but of sound mind do
make and ordain this my last will & testament revoking
[corresponds to labeled page 202 of Will Records Vol. 2 - 1835-1850]
202
witness saw the name first written had been scratched out
At the second signing, the witness did not hear him
testator, say any thing about its being his will, did not ask
deponent to witness it. Re-examined~ At the time testator
said he was so forgetful he did not ask Patten to make
any alteration in the will, at the second signing of the will
testator manifested an anxiety to have his name written so
that it might be legible, but deponent saw nor heard nothing
from testator manifesting an anxiety to have the will
altered, at the second signing of the will, the mind of the
testator was sufficiently sound "to take a bite out of any man
in a trade" testator was under no restraint that witness knows
of & further says not. Dennis Powers~
Thomas Patten recalled by counsel for the will, says that
the testator signed the will the first time before he Patten
signed it as witness, and further says not.
Thomas Patten~
Taken and signed before me June 16th 1842~
D.T. Fuller S. Mast Commr
Recorded the foregoing Will &c July 8 1842
Attest~ WD Heim Clerk~
________________________________________________________________
Will of William Bull decd
_________________________
Pleas held at the Court House in Delaware before on
the 12th day of October AD 1842, before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel &
Ahab Jinks Esqr his Associates, Judges of the Court of Com-
-mon Pleas in & for the County of Delaware in the State of
Ohio
This day the last will & testament of William Bull
decd was produced in open Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
approved & ordered to be recorded
"I William Bull of Berkshire Township Delaware
County Ohio being of feeble health but of sound mind do
make and ordain this my last will & testament revoking
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 248)
Description
[page 248]
[corresponds to labeled page 203 of Will Records Vol. 2 - 1835-1850]
203
any and all other wills by me made at any former time.
First It is my request that my funeral expenses and all
my just debts be fully paid. Secondly, I do bequeath unto
my wife Polly Bull all my property, both personal property
and real estate to be for her sole use & benefit forever. And
lastly, I do appoint my wife Polly Bull my Executrix
to settle my worldly affairs according to this my last will
& testament,, In testimony I have this day the 11th Jany
1842 set my hand & seal" Wm Bull {seal}
Signed, sealed in the presence of us who witness the
same at the request of the testator. Elijah Carney
Thomas Dunham
Delaware County Ss~ Court of Common Pleas Oct-
-ober Term 1842~ Elijah Carney and Thomas Dunham
being duly sworn in open Court upon our oaths say that
the instrument of writing herewith shown to the Court pur-
-porting to be the last will & testament of William Bull,
of Berkshire Township in said County, was executed by
the said William Bull in our presence on the day and
year therein specified and that we each of us being personally
present, saw the said Wm Bull subscribe the same and
heard him acknowledge the same to be his last will and tes-
-tament that the said William Bull at the time of execu-
-ting the same was of the age of Sixty five years, of sound
mind and judgement, and acting under no restraint
and further say not. Thomas Dunham
Elijah Carney
Subscribed & sworn to in open Court Octr 12th 1842
WD Heim Clerk~
Recorded the foregoing Will &c Oct 20th 1842
Attest WD Heim Clerk~
________________________________________________________________
Will of Albright Worline
________________________
Pleas held at the Court House in Delaware on
the 12th day of October AD 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel
[corresponds to labeled page 203 of Will Records Vol. 2 - 1835-1850]
203
any and all other wills by me made at any former time.
First It is my request that my funeral expenses and all
my just debts be fully paid. Secondly, I do bequeath unto
my wife Polly Bull all my property, both personal property
and real estate to be for her sole use & benefit forever. And
lastly, I do appoint my wife Polly Bull my Executrix
to settle my worldly affairs according to this my last will
& testament,, In testimony I have this day the 11th Jany
1842 set my hand & seal" Wm Bull {seal}
Signed, sealed in the presence of us who witness the
same at the request of the testator. Elijah Carney
Thomas Dunham
Delaware County Ss~ Court of Common Pleas Oct-
-ober Term 1842~ Elijah Carney and Thomas Dunham
being duly sworn in open Court upon our oaths say that
the instrument of writing herewith shown to the Court pur-
-porting to be the last will & testament of William Bull,
of Berkshire Township in said County, was executed by
the said William Bull in our presence on the day and
year therein specified and that we each of us being personally
present, saw the said Wm Bull subscribe the same and
heard him acknowledge the same to be his last will and tes-
-tament that the said William Bull at the time of execu-
-ting the same was of the age of Sixty five years, of sound
mind and judgement, and acting under no restraint
and further say not. Thomas Dunham
Elijah Carney
Subscribed & sworn to in open Court Octr 12th 1842
WD Heim Clerk~
Recorded the foregoing Will &c Oct 20th 1842
Attest WD Heim Clerk~
________________________________________________________________
Will of Albright Worline
________________________
Pleas held at the Court House in Delaware on
the 12th day of October AD 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 249)
Description
[page 249]
[corresponds with labeled page 204 of Will Records Vol. 2 - 1835-1850]
204
& Ahab Jinks Esqrs his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in the State
of Ohio
This day the last will & testament of Albright Worline
decd was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing approved
& named to be recorded. And thereupon on motion of David Wor-
-line the Executor in said will named it is ordered that
letters testamentary be granted him upon his entering
into bonds in the sum of $4000.00? with David Worline
& Nathan Williams as security. And it is further ordered
that Marshall L Griffin Israel Breyfogle, & Nathan
Shandan appraise the personal property of said Estate,
In the name of God Amen~ I Albright Worline of the
County of Delaware and State of Ohio being of sound mind
and memory but of advanced age and considering the
uncertainty of life do make and publish this my last
will and testament to wit. Item 1st I give and devise
to my beloved wife Susanah Worline, the house and lot
in the Town of Delaware where I now reside during her
natural life also to receive from my executor hereinafter appo-
-inted money sufficient to supply her with all the necessary
comforts of life or to supply her with such comforts as she shall
from time to time stand in need of to be paid out to her out
of money and property left in the hands of my said
Executor for that purpose Item 2nd I will and bequeath
to my oldest son Daniel Worline, the sum of Twelve
hundred dollars, which said sum has been paid over to
him as will more fully appear by his receipt for same
bearing date the 12th day of December One Thousand
Eight hundred thirty-four. Item 3rd I will and bequeath
to my second son Samuel Worline the sum of Twelve
hundred dollars which said sum has been paid over to
him which will more fully appear by his receipt bearing
date the 12th day of December One thousand Eight hun-
-dred and thirty-four. Also, the sum of Twenty five
dollars, which sum he has also received. Item 4th I
will and bequeath to my third son Isaac Worline the sum
of Twelve hundred dollars which said sum has been paid
over to him as will more fully appear by his receipt bearing
[corresponds with labeled page 204 of Will Records Vol. 2 - 1835-1850]
204
& Ahab Jinks Esqrs his Associates, Judges of the Court of
Common Pleas in & for the County of Delaware in the State
of Ohio
This day the last will & testament of Albright Worline
decd was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing approved
& named to be recorded. And thereupon on motion of David Wor-
-line the Executor in said will named it is ordered that
letters testamentary be granted him upon his entering
into bonds in the sum of $4000.00? with David Worline
& Nathan Williams as security. And it is further ordered
that Marshall L Griffin Israel Breyfogle, & Nathan
Shandan appraise the personal property of said Estate,
In the name of God Amen~ I Albright Worline of the
County of Delaware and State of Ohio being of sound mind
and memory but of advanced age and considering the
uncertainty of life do make and publish this my last
will and testament to wit. Item 1st I give and devise
to my beloved wife Susanah Worline, the house and lot
in the Town of Delaware where I now reside during her
natural life also to receive from my executor hereinafter appo-
-inted money sufficient to supply her with all the necessary
comforts of life or to supply her with such comforts as she shall
from time to time stand in need of to be paid out to her out
of money and property left in the hands of my said
Executor for that purpose Item 2nd I will and bequeath
to my oldest son Daniel Worline, the sum of Twelve
hundred dollars, which said sum has been paid over to
him as will more fully appear by his receipt for same
bearing date the 12th day of December One Thousand
Eight hundred thirty-four. Item 3rd I will and bequeath
to my second son Samuel Worline the sum of Twelve
hundred dollars which said sum has been paid over to
him which will more fully appear by his receipt bearing
date the 12th day of December One thousand Eight hun-
-dred and thirty-four. Also, the sum of Twenty five
dollars, which sum he has also received. Item 4th I
will and bequeath to my third son Isaac Worline the sum
of Twelve hundred dollars which said sum has been paid
over to him as will more fully appear by his receipt bearing
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 250)
Description
[page 250]
[corresponds to labeled page 205 of Will Records Vol. 2 - 1835-1850]
205
date the 12th day of December One thousand Eight hundred ^thirty four
Item 5th I give and bequeath to my fourth son David
Worline the sum of Twelve Hundred dollars which sum
has been paid over to him as will more fully appear by his
receipt for same bearing date the 12th day of December One
thousand eight hundred and thirty four. Item 6th I
will and bequeath to elder daughter Susanah Heffner the
sum of Four hundred dollars which said sum has been
paid over to her as will more fully appear by her receipt for
same bearing date the 12th day of December One Thousand
eight hundred and thirty four. Item 7th I will and be-
-queath to my second daughter Catherine Heffner the
sum of Four hundred dollars which said sum has been
paid over to her as will more fully appear by her receipt
for same bearing date the 12th day of December One thou-
-sand eight hundred and thirty four. Item 8th I will
and bequeath to my third daughter Elizabeth Worline
/intermarried with Abraham Worline/ the sum of Four
hundred dollars which said sum has been paid over to
her as will more fully appear by his said Abrahams receipt
bearing date the 12th day of December One thousand Eight
hundred and thirty four. Item 9th I will and desire
that after all my just debts and funeral expenses are paid
that my said Executor retain in his hands all the bal-
-ence of my money and property for the support of my
said beloved wife Susanah Worline during her natural
life time. Item 10th I will and desire that after that after the death
of my said wife that all my remaining property both real
and personal be sold by my said Executor and paid in the
following manner to wit. Item 11th I will and bequeath
to my grandson David Albright Worline the sum of fifty
dollars to be paid to him when he arrives at the age of Twenty
one years and to be put out on interest for his benefit after
the death of my said wife. Item 12th I will and be-
-queath to my said three sons David. Isaac and David
and to my two daughters Susanah and Catherine
and to my three grandchildren Susanah Worline,
William Worline and David Worline heirs of my
said daughter Elizabeth worline all the balance of
my money and effects after the death of my said wife
[corresponds to labeled page 205 of Will Records Vol. 2 - 1835-1850]
205
date the 12th day of December One thousand Eight hundred ^thirty four
Item 5th I give and bequeath to my fourth son David
Worline the sum of Twelve Hundred dollars which sum
has been paid over to him as will more fully appear by his
receipt for same bearing date the 12th day of December One
thousand eight hundred and thirty four. Item 6th I
will and bequeath to elder daughter Susanah Heffner the
sum of Four hundred dollars which said sum has been
paid over to her as will more fully appear by her receipt for
same bearing date the 12th day of December One Thousand
eight hundred and thirty four. Item 7th I will and be-
-queath to my second daughter Catherine Heffner the
sum of Four hundred dollars which said sum has been
paid over to her as will more fully appear by her receipt
for same bearing date the 12th day of December One thou-
-sand eight hundred and thirty four. Item 8th I will
and bequeath to my third daughter Elizabeth Worline
/intermarried with Abraham Worline/ the sum of Four
hundred dollars which said sum has been paid over to
her as will more fully appear by his said Abrahams receipt
bearing date the 12th day of December One thousand Eight
hundred and thirty four. Item 9th I will and desire
that after all my just debts and funeral expenses are paid
that my said Executor retain in his hands all the bal-
-ence of my money and property for the support of my
said beloved wife Susanah Worline during her natural
life time. Item 10th I will and desire that after that after the death
of my said wife that all my remaining property both real
and personal be sold by my said Executor and paid in the
following manner to wit. Item 11th I will and bequeath
to my grandson David Albright Worline the sum of fifty
dollars to be paid to him when he arrives at the age of Twenty
one years and to be put out on interest for his benefit after
the death of my said wife. Item 12th I will and be-
-queath to my said three sons David. Isaac and David
and to my two daughters Susanah and Catherine
and to my three grandchildren Susanah Worline,
William Worline and David Worline heirs of my
said daughter Elizabeth worline all the balance of
my money and effects after the death of my said wife
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 251)
Description
[page 251]
[corresponds to labeled page 206 of Will Records Vol. 2 - 1835-1850]
206
in equal proportions share and share alike, the said Susan-
-ah, William and David Worline to receive but one equal
share with my said three sons and two daughters, and to
be paid over to them when the each arrive at full age and
be put out on interest for their benefit after the death of my
said wife till they each arrive at full age. Item 13th I do
hereby nominate and appoint my son David Worline
Executor of this my last will and testament hereby author-
-izing and empowering him to compromise, adjust, release
and discharge in such manner as he may deem just and
proper the debts and claims on me. I do also authorize
and empower him to sell by private sale or otherwise in
such manner and upon such times of credit or otherwise
as he may think proper all of my real estate and acres to
purchases to execute acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made. In testimony
whereof I hereunto set my hand and seal this 24th day of
February in the year AD One thousand eight hundred and
his
forty one Albright x Worline {seal}
mark
Signed and acknowledged by said Albright Worline as
his last will and testament in our presence and signed
by us in his presence - Jas W Crawford
A. Picket Jr
The State of Ohio Delaware County Ss Personally
appeared in open Court James W Crawford & Albert Picket
subscribing witnesses to the last will and testament of Albright
Worline late of Delaware County decd and severally made
oath they subscribed said will in the presence of the testator
and in the presence of each other that they saw the testator
put his mark to said will, that he declared it to be his
last will and testament that he was of lawful age of
sound mind and memory and under no restraint as
they verily believe - Jas W Crawford A Picket Jr.
Subscribed & sworn to in open Court Oct 12th 1842-
WD Heim Clerk-
Recorded the foregoing will Octr 25th 1842
Attest WD Heim Clerk-
[corresponds to labeled page 206 of Will Records Vol. 2 - 1835-1850]
206
in equal proportions share and share alike, the said Susan-
-ah, William and David Worline to receive but one equal
share with my said three sons and two daughters, and to
be paid over to them when the each arrive at full age and
be put out on interest for their benefit after the death of my
said wife till they each arrive at full age. Item 13th I do
hereby nominate and appoint my son David Worline
Executor of this my last will and testament hereby author-
-izing and empowering him to compromise, adjust, release
and discharge in such manner as he may deem just and
proper the debts and claims on me. I do also authorize
and empower him to sell by private sale or otherwise in
such manner and upon such times of credit or otherwise
as he may think proper all of my real estate and acres to
purchases to execute acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made. In testimony
whereof I hereunto set my hand and seal this 24th day of
February in the year AD One thousand eight hundred and
his
forty one Albright x Worline {seal}
mark
Signed and acknowledged by said Albright Worline as
his last will and testament in our presence and signed
by us in his presence - Jas W Crawford
A. Picket Jr
The State of Ohio Delaware County Ss Personally
appeared in open Court James W Crawford & Albert Picket
subscribing witnesses to the last will and testament of Albright
Worline late of Delaware County decd and severally made
oath they subscribed said will in the presence of the testator
and in the presence of each other that they saw the testator
put his mark to said will, that he declared it to be his
last will and testament that he was of lawful age of
sound mind and memory and under no restraint as
they verily believe - Jas W Crawford A Picket Jr.
Subscribed & sworn to in open Court Oct 12th 1842-
WD Heim Clerk-
Recorded the foregoing will Octr 25th 1842
Attest WD Heim Clerk-
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 252)
Description
[page 252]
[corresponds to labeled page 207 of Will Records Vol. 2 - 1835-1850]
207
Will of Isaac Page decd
Pleas held at the Court House in Delaware on the
13th day of October A.D. 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel,
& Ahab Jinks Esqr his Associates Judges of the Court of
Common Pleas in & for the County of Delaware in the
State of Ohio
"This day the last will and testament of Isaac Page decd
was produced in open Court aproved by the testimony of the
subscribing witnesses thereto as reduced to writing approved
& ordered to be recorded And thereupon on motion of James
Ferris the Executor in said will named, It is ordered that
letters testamentary be granted him upon his entering into
bonds in the sum of $4000.00? with Thomas Nance &
Solomon Brownell as security - And it is further ordered
that Stephen Stimson, Isaac Davis & Aaron Harrison
appraise the personal property of said estate - & thereupon
came into Court Polly Page widow of said Isaac paged decd
& made her election to take under the will
I, Isaac Page of the Township of Bennington in the County
of Delaware and State of Ohio, realizing the uncertainty of
life, and the certainty of death being weak in body, but of
sound mind, memory, and understanding, thanks be to
Almighty God, for the same. Feeling desirous to dispose of
the temporal blessings when with it has pleased the dispenser
of all good to bless me with in this life. as will be most con-
=ducive to the comfort and happiness of those who have
been the especial objects of my most anxious solicitude
and for good causes and considerations, we hereunto mo-
=ving, do make and publish this to be my last will and
testament in manner and form following that is
to say. First - It is my will that my funeral expenses
and all my just debts be fully paid out of my personal
property that is not herein otherwise disposed of. Second -
I give and bequeath to my dearly beloved wife Polly
Page all my household and kitchen furniture of every
kind including bedding and clothing on years pro-
visions of all kinds [page torn] may be on hand at my decease.
[corresponds to labeled page 207 of Will Records Vol. 2 - 1835-1850]
207
Will of Isaac Page decd
Pleas held at the Court House in Delaware on the
13th day of October A.D. 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel,
& Ahab Jinks Esqr his Associates Judges of the Court of
Common Pleas in & for the County of Delaware in the
State of Ohio
"This day the last will and testament of Isaac Page decd
was produced in open Court aproved by the testimony of the
subscribing witnesses thereto as reduced to writing approved
& ordered to be recorded And thereupon on motion of James
Ferris the Executor in said will named, It is ordered that
letters testamentary be granted him upon his entering into
bonds in the sum of $4000.00? with Thomas Nance &
Solomon Brownell as security - And it is further ordered
that Stephen Stimson, Isaac Davis & Aaron Harrison
appraise the personal property of said estate - & thereupon
came into Court Polly Page widow of said Isaac paged decd
& made her election to take under the will
I, Isaac Page of the Township of Bennington in the County
of Delaware and State of Ohio, realizing the uncertainty of
life, and the certainty of death being weak in body, but of
sound mind, memory, and understanding, thanks be to
Almighty God, for the same. Feeling desirous to dispose of
the temporal blessings when with it has pleased the dispenser
of all good to bless me with in this life. as will be most con-
=ducive to the comfort and happiness of those who have
been the especial objects of my most anxious solicitude
and for good causes and considerations, we hereunto mo-
=ving, do make and publish this to be my last will and
testament in manner and form following that is
to say. First - It is my will that my funeral expenses
and all my just debts be fully paid out of my personal
property that is not herein otherwise disposed of. Second -
I give and bequeath to my dearly beloved wife Polly
Page all my household and kitchen furniture of every
kind including bedding and clothing on years pro-
visions of all kinds [page torn] may be on hand at my decease.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 253)
Description
[page 253]
[corresponds to labeled page 208 of Will Records Vol. 2 - 1835-1850]
208
all the bees and Poultry upon the place owned by me. Three
cows, Six Swine and twelve sheep the choice of all owned by me.
fifty dollars in money to be paid to her within the space
of one year from and after my decease. and lastly I give
and bequeath to my said wife the use and occupancy of fifty
acres of land off of the north side of the farm on which we now reside
in said Bennington Township, extending the whole length
of said farm, from east to west, and to be of equal width
from end to end, including the dwelling house and barn
for and during the period of her natural life - I next give
and bequeath to my eldest son ^Tyrus Page a sum to be paid in money
which shall bear such proportion to the net balance of
my estate, after the payment of my funeral expenses, debts,
bequests to my said wife and the expenses of Court, and fees
of my Executor, as One hundred dollars bears to two thousand
I give to my son John Page, such a sum to be paid in
money as shall bear such proportion to the net balance
as aforesaid as two hundred dollars bears and to two thousand
I give to my daughter Betsy Timmons, such a sum to
be paid in money as shall bear such proportion to the net
balance as aforesaid, as one hundred and fifty dollars bears
to two thousand - I give to my son Isaac Page such a
sum to be paid in money as shall bear each proportion
to the net balance as aforesaid as one hundred dollars beans
to two thousand - I give to Hannah Atherton such a
sum to be paid in money as shall bear such proportion
to the net balance as aforesaid as Seventy five dollars bears
to two thousand - I give to their heirs of my son Harmon
Page deceased such a sum to be paid in money, and to
be equally divided among them, as shall bear such propor-
=tion to the net balance as aforesaid as Seventy-five dollars
bears to two thousand - I give to Maria Page widow of my
son Alvah Page deceased such a sum to be paid in money
as shall bear such proportion to the net balance as aforesaid
as Seventy five dollars bears to two thousand - I give to
the heirs of my said son Noah Page deceased, such a sum
to be paid in money, and to be equally divided among
them as shall bear such proportion to the net balance
as aforesaid as Seventy five dollars bears to two thousand-
I give to my son Lewis Page [page torn] a sum to be paid
[corresponds to labeled page 208 of Will Records Vol. 2 - 1835-1850]
208
all the bees and Poultry upon the place owned by me. Three
cows, Six Swine and twelve sheep the choice of all owned by me.
fifty dollars in money to be paid to her within the space
of one year from and after my decease. and lastly I give
and bequeath to my said wife the use and occupancy of fifty
acres of land off of the north side of the farm on which we now reside
in said Bennington Township, extending the whole length
of said farm, from east to west, and to be of equal width
from end to end, including the dwelling house and barn
for and during the period of her natural life - I next give
and bequeath to my eldest son ^Tyrus Page a sum to be paid in money
which shall bear such proportion to the net balance of
my estate, after the payment of my funeral expenses, debts,
bequests to my said wife and the expenses of Court, and fees
of my Executor, as One hundred dollars bears to two thousand
I give to my son John Page, such a sum to be paid in
money as shall bear such proportion to the net balance
as aforesaid as two hundred dollars bears and to two thousand
I give to my daughter Betsy Timmons, such a sum to
be paid in money as shall bear such proportion to the net
balance as aforesaid, as one hundred and fifty dollars bears
to two thousand - I give to my son Isaac Page such a
sum to be paid in money as shall bear each proportion
to the net balance as aforesaid as one hundred dollars beans
to two thousand - I give to Hannah Atherton such a
sum to be paid in money as shall bear such proportion
to the net balance as aforesaid as Seventy five dollars bears
to two thousand - I give to their heirs of my son Harmon
Page deceased such a sum to be paid in money, and to
be equally divided among them, as shall bear such propor-
=tion to the net balance as aforesaid as Seventy-five dollars
bears to two thousand - I give to Maria Page widow of my
son Alvah Page deceased such a sum to be paid in money
as shall bear such proportion to the net balance as aforesaid
as Seventy five dollars bears to two thousand - I give to
the heirs of my said son Noah Page deceased, such a sum
to be paid in money, and to be equally divided among
them as shall bear such proportion to the net balance
as aforesaid as Seventy five dollars bears to two thousand-
I give to my son Lewis Page [page torn] a sum to be paid
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 254)
Description
[page 254]
[corresponds to labeled page 209 of Will Records Vol. 2 - 1835-1850]
209.
in money as shall bear such proportion to the net balance
at aforesaid as one hundred and fifty dollars bears to two
thousand - I give to my son Samuel B Page such a sum
to be paid in money as shall bear such proportion to the
net balance as aforesaid, as one hundred dollars bears to
two thousand - I give to my son Charles W Page, such a
sum to be paid in money, as shall bear such proportion to
the nett balance as aforesaid as one hundred and fifty dol-
=lars bears to two thousand. I give to my son William
E. Page such a sum to be paid in money as shall bear such
proportion to the net balance as aforesaid, as one hundred
and fifty dollars bears to two thousand - I give to my
daughter Irena Henderson such a sum to be paid in
money, as shall bear such proportion to the net balance
as aforesaid, as one hundred and fifty dollars bears to two
thousand. X I give to my son James H Page such a
sum to be paid in money as shall bear such proportion
to the net balance as aforesaid, as Two hundred dollars
bears to two thousand & I give to my son Solon Page,
such a sum to be paid in money, as shall bear such propor-
=tion to the nett balance as aforesaid, as two thousand dollars
bears to two thousand. And it is hereby specified that
the aforementioned devise to my said wife witnessed
to be in lieu of dower. I do hereby nominate and appoint
my esteemed friend Caleb [ ] Guardian for my said
sons James H Page and Solon Page, until they respect-
=ively arrive at the age of twenty one years. And lastly, I
hereby nominate and appoint my worthy friend James
Ferris, Executor of this last will and testament, hereby
authorizing and empowering him to compromise against
release and in charge in such manner as he may deem
proper, the debts and claims due me. I do also authorize
and empower him, in order to pay my debts, and the devises
and bequests herein contained to dispose of either at pub-
=lic or private sale, all my said estate both real and personal
except as before excepted and in such manner, and upon
such terms of audit or otherwise as he may think proper,
and deeds to purchasers to execute, acknowledge and deliver
in fee simple.- I do hereby revoke all former wills by me
or made and ratify and confirm this and no other to be
[corresponds to labeled page 209 of Will Records Vol. 2 - 1835-1850]
209.
in money as shall bear such proportion to the net balance
at aforesaid as one hundred and fifty dollars bears to two
thousand - I give to my son Samuel B Page such a sum
to be paid in money as shall bear such proportion to the
net balance as aforesaid, as one hundred dollars bears to
two thousand - I give to my son Charles W Page, such a
sum to be paid in money, as shall bear such proportion to
the nett balance as aforesaid as one hundred and fifty dol-
=lars bears to two thousand. I give to my son William
E. Page such a sum to be paid in money as shall bear such
proportion to the net balance as aforesaid, as one hundred
and fifty dollars bears to two thousand - I give to my
daughter Irena Henderson such a sum to be paid in
money, as shall bear such proportion to the net balance
as aforesaid, as one hundred and fifty dollars bears to two
thousand. X I give to my son James H Page such a
sum to be paid in money as shall bear such proportion
to the net balance as aforesaid, as Two hundred dollars
bears to two thousand & I give to my son Solon Page,
such a sum to be paid in money, as shall bear such propor-
=tion to the nett balance as aforesaid, as two thousand dollars
bears to two thousand. And it is hereby specified that
the aforementioned devise to my said wife witnessed
to be in lieu of dower. I do hereby nominate and appoint
my esteemed friend Caleb [ ] Guardian for my said
sons James H Page and Solon Page, until they respect-
=ively arrive at the age of twenty one years. And lastly, I
hereby nominate and appoint my worthy friend James
Ferris, Executor of this last will and testament, hereby
authorizing and empowering him to compromise against
release and in charge in such manner as he may deem
proper, the debts and claims due me. I do also authorize
and empower him, in order to pay my debts, and the devises
and bequests herein contained to dispose of either at pub-
=lic or private sale, all my said estate both real and personal
except as before excepted and in such manner, and upon
such terms of audit or otherwise as he may think proper,
and deeds to purchasers to execute, acknowledge and deliver
in fee simple.- I do hereby revoke all former wills by me
or made and ratify and confirm this and no other to be
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 255)
Description
[page 255]
[corresponds to labeled page 210 of Will Records Vol. 2 - 1835-1850]
210,
my last will and testament. In testimony whereof
I have hereunto set my hand and seal this fourth day
of May in the year of our Lord One thousand eight hun-
-dred and forty two Isaac Page {seal}
Signed and acknowledged by Isaac Page as his last
will and testament in our presence and signed by us
in his presence. Festus Sprague
Stephan Stimson
State of Ohio Delaware County Ss~ Festus Sprague
& Stephan Stimson being duly sworn in open Court,
say that they were present when the paper now shown
them purporting to be the last will and testament of
Isaac Page decd was executed by said Isaac Page decd
& that the same was executed in our presence by said
Isaac & that we each signed it as witnesses in his pres-
-ence & in the presence of each other & that he declared
the same to be his last will & testament. And we fur-
-ther state that the said testator was in our opinion
at the time of sound & disposing mind & memory &
under no restraint & further say not. Festus Sprague
Stephan Stimson
Subscribed & sworn to in open Court Oct. 13th 1842~
WD Heim Clerk
Recorded the foregoing will Oct. 26th 1842
Attest WD Heim Clerk
______________________________________________________________
Will of William Terrer decd
___________________________
Pleas held at the Court House in Delaware on the
14th day of October AD 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel &
& Ahab Jinks Esqrs his Associates Judges of the court of
common Pleas in & for the County of Delaware & State
of Ohio
"This day the last will & testament of William Terrer
decd was produced in open Court & proved by the testimony
[corresponds to labeled page 210 of Will Records Vol. 2 - 1835-1850]
210,
my last will and testament. In testimony whereof
I have hereunto set my hand and seal this fourth day
of May in the year of our Lord One thousand eight hun-
-dred and forty two Isaac Page {seal}
Signed and acknowledged by Isaac Page as his last
will and testament in our presence and signed by us
in his presence. Festus Sprague
Stephan Stimson
State of Ohio Delaware County Ss~ Festus Sprague
& Stephan Stimson being duly sworn in open Court,
say that they were present when the paper now shown
them purporting to be the last will and testament of
Isaac Page decd was executed by said Isaac Page decd
& that the same was executed in our presence by said
Isaac & that we each signed it as witnesses in his pres-
-ence & in the presence of each other & that he declared
the same to be his last will & testament. And we fur-
-ther state that the said testator was in our opinion
at the time of sound & disposing mind & memory &
under no restraint & further say not. Festus Sprague
Stephan Stimson
Subscribed & sworn to in open Court Oct. 13th 1842~
WD Heim Clerk
Recorded the foregoing will Oct. 26th 1842
Attest WD Heim Clerk
______________________________________________________________
Will of William Terrer decd
___________________________
Pleas held at the Court House in Delaware on the
14th day of October AD 1842 before the Honorable Joseph
R Swan President & John Brundige, John Lugenbeel &
& Ahab Jinks Esqrs his Associates Judges of the court of
common Pleas in & for the County of Delaware & State
of Ohio
"This day the last will & testament of William Terrer
decd was produced in open Court & proved by the testimony
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 256)
Description
[page 256]
[corresponds to labeled page 211, of Will Records Vol. 2 - 1835-1850]
211,
of the subscribing witnesses thereto as reduced to writing ap-
-proved & ordered to be recorded. And thereupon on motion of
John Humphreys & James Kyle the Executors in said
will named it is moved that letters testamentary be grant-
-ed them upon their entering into bonds in the sum of
$500.00? with George Wolfley & Hugh Kyle as security.
And it is further ordered, that Morgan Williams, Elijah
Adams & Robert Davis appraise the personal property
of said Estate
"I William Terrer of Radnor Township Delaware Coun-
-ty Ohio being of lawful age and of sound mind and mem-
-ory. Do make and publish this my last will & testament
in manner and form following that is to say. First
It is my will that my funeral expenses and all my just
debts be fully paid. Second~ I will devise and bequeath
to my beloved wife Dorothy Terrer the one half of my farm
in which I now reside. Situate in Range 20. Township 6,
Section 2 lot 18 during her natural life. she having the
privilege of choosing the same in lieu of her dower.
Third, I give devise and bequeath to my daughter Mar-
-garet Terrer her heirs and assigns the other half of said
farm and the whole of said farm after the death of my said
wife /provided/~ that should said Margaret marry she is
to keep the whole farm in good repair. Also to furnish
her mother the said Dorothy with sufficient quantity of
fuel while she lives. also to do her milling~ Also to furnish
the said Dorothy one dress, one under dress & two pair of
stockings yearly from the wool raised or purchased by said
Dorothy. Said Dorothy to give all or any of her personal
property to whom she thinks proper /provided/ that
should my said daughter Margaret die without issue then
and in that case and after the death of my said wife,
I give and devise all my property as follows. first. I
give and devise one hundred dollars to my brother
Edward Terrer. Second. I give & devise fifty dollars to
the Salem Baptist Church in Almwch Anglesea
North Wales Great Britian. and the residue I give
and devise to the Baptist Missionary Society for the
mission in Burmah /Asia/ and the American Bap-
-tist Bible society to be equally divided between said Societies
[corresponds to labeled page 211, of Will Records Vol. 2 - 1835-1850]
211,
of the subscribing witnesses thereto as reduced to writing ap-
-proved & ordered to be recorded. And thereupon on motion of
John Humphreys & James Kyle the Executors in said
will named it is moved that letters testamentary be grant-
-ed them upon their entering into bonds in the sum of
$500.00? with George Wolfley & Hugh Kyle as security.
And it is further ordered, that Morgan Williams, Elijah
Adams & Robert Davis appraise the personal property
of said Estate
"I William Terrer of Radnor Township Delaware Coun-
-ty Ohio being of lawful age and of sound mind and mem-
-ory. Do make and publish this my last will & testament
in manner and form following that is to say. First
It is my will that my funeral expenses and all my just
debts be fully paid. Second~ I will devise and bequeath
to my beloved wife Dorothy Terrer the one half of my farm
in which I now reside. Situate in Range 20. Township 6,
Section 2 lot 18 during her natural life. she having the
privilege of choosing the same in lieu of her dower.
Third, I give devise and bequeath to my daughter Mar-
-garet Terrer her heirs and assigns the other half of said
farm and the whole of said farm after the death of my said
wife /provided/~ that should said Margaret marry she is
to keep the whole farm in good repair. Also to furnish
her mother the said Dorothy with sufficient quantity of
fuel while she lives. also to do her milling~ Also to furnish
the said Dorothy one dress, one under dress & two pair of
stockings yearly from the wool raised or purchased by said
Dorothy. Said Dorothy to give all or any of her personal
property to whom she thinks proper /provided/ that
should my said daughter Margaret die without issue then
and in that case and after the death of my said wife,
I give and devise all my property as follows. first. I
give and devise one hundred dollars to my brother
Edward Terrer. Second. I give & devise fifty dollars to
the Salem Baptist Church in Almwch Anglesea
North Wales Great Britian. and the residue I give
and devise to the Baptist Missionary Society for the
mission in Burmah /Asia/ and the American Bap-
-tist Bible society to be equally divided between said Societies
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 257)
Description
[page 257]
[corresponds to labeled page 212, of Will Records Vol. 2 - 1835-1850]
212
And lastly, I hereby constitute and appoint my neighbors
John Humphreys and James Kyle to be the Executors
for this my last will and testament revoking and annulling
all former wills by me made and ratifying and confirming
this and no other to be my last will and testament. In testimony
whereof I hereunto set my hand and seal. this tenth day of
June in the year of our Lord. One thousand eight hundred
and forty two~ William Terer {seal}
Signed, sealed, published and declared by the above
named William Terer as and for his last will and testa-
-ment in presence of us who at his request have signed
as witnesses to the same~ Morgan Williams John
Humphreys. James Kyle
Delaware County SS Court of Common Pleas October
Term 1842~ Morgan Williams. John Humphreys & James
Kyle appeared in open Court and upon their respective oaths
depose and say that the instrument of writing now here
produced in Court purporting to be the last will and testa-
-ment of William Terrer. bearing date the 10th day of June
1842 was by the said William Terrer executed published
and declared as his last will and testament on the day of
the date thereof at his residence in Radnor in said County
and these deponents there & there saw him sign the
same and they at his request in his presence & in the presence
of each other. signed their names thereto as witnesses~ that the
said Terrer was then of the age of about 53 years of sound
mind & memory and not acting under any restraint &
further say not. John Humphreys. James Kyle. Morgan Williams
Subscribed & sworn to in open Court. Oct. Term 1842
WD Heim Clerk
Recorded the foregoing will &c Oct. 27th 1842
Attest WD Heim Clerk~
______________________________________________________________________
Will of Nathaniel Benton decd
_____________________________
Pleas held at the Court House in Delaware on the 14th day
of October AD 1842. before the Honorable Joseph R Swan
President & John Brundige. John Lugenbeel & Ahab Jinks Esqrs
[corresponds to labeled page 212, of Will Records Vol. 2 - 1835-1850]
212
And lastly, I hereby constitute and appoint my neighbors
John Humphreys and James Kyle to be the Executors
for this my last will and testament revoking and annulling
all former wills by me made and ratifying and confirming
this and no other to be my last will and testament. In testimony
whereof I hereunto set my hand and seal. this tenth day of
June in the year of our Lord. One thousand eight hundred
and forty two~ William Terer {seal}
Signed, sealed, published and declared by the above
named William Terer as and for his last will and testa-
-ment in presence of us who at his request have signed
as witnesses to the same~ Morgan Williams John
Humphreys. James Kyle
Delaware County SS Court of Common Pleas October
Term 1842~ Morgan Williams. John Humphreys & James
Kyle appeared in open Court and upon their respective oaths
depose and say that the instrument of writing now here
produced in Court purporting to be the last will and testa-
-ment of William Terrer. bearing date the 10th day of June
1842 was by the said William Terrer executed published
and declared as his last will and testament on the day of
the date thereof at his residence in Radnor in said County
and these deponents there & there saw him sign the
same and they at his request in his presence & in the presence
of each other. signed their names thereto as witnesses~ that the
said Terrer was then of the age of about 53 years of sound
mind & memory and not acting under any restraint &
further say not. John Humphreys. James Kyle. Morgan Williams
Subscribed & sworn to in open Court. Oct. Term 1842
WD Heim Clerk
Recorded the foregoing will &c Oct. 27th 1842
Attest WD Heim Clerk~
______________________________________________________________________
Will of Nathaniel Benton decd
_____________________________
Pleas held at the Court House in Delaware on the 14th day
of October AD 1842. before the Honorable Joseph R Swan
President & John Brundige. John Lugenbeel & Ahab Jinks Esqrs
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 258)
Description
[page 258]
[corresponds to labeled page 213, of Will Records Vol. 2 - 1835-1850]
213
his Associates. Judges of the Court of Common Pleas in &
for the County of Delaware in the State of Ohio
"This day the last will & testament of Nathaniel Benton.
decd was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing approved
& ordered to be recorded. And thereupon on motion of Isabel
Benton the Executrix in said will named, it is named that
letters testamentary be granted her upon her entering into
bonds in the sum of $4000.00? with William P Benton.
& Jonathan Gardner as security. And it is further ordered
that Timothy Andrews. Lyman Andrews & Ebenezer
Goodrich appraise the personal property of said Estate
"In the name of the beloved Father of all. I Nathaniel
Benton of Liberty Township Delaware County & State of
Ohio being weak in body but of sound mind do make and pub-
-lish this my last will and testament. Item first~ I give
and devise to my beloved wife Isabel in lieu of her dower
^all my estate which amounts to about Eighteen hundred or two thousand
dollars principally in notes of hand secured by mortgage on
real estate. Item 2d~ I will that the said Isabel ^collect & pay all
my honest debts. Item 3rd I will that the said Isabel
pay to each of my heirs. the sum of two hundred dollars
when by her collected of my estate and they arrive at lawful
age. Provided~ If the said Isabel cannot collect the notes
of my estate. and proceeds to and closes the said mortgage or
mortgages on real estate, then and in that case the said
Isabel to pay to the said heirs the amount of two hundred
dollars each from the proceeds of the said estate when by
her by sold. Item 4th It is my will that if my wife
Isabel should marry after after my decease. that she should
only have of my estate five hundred dollars all the residue
to be equally divided between my heirs. Item 5th It is my
will that all the residue of my estate that may be in possess-
-ion of my wife Isabel or that may be owned by her at her
decease should descend to and be equally divided between my
heirs Item 6th I appoint and make the said Isabel
my wife executrix of this my last will and testament
I do hereby revoke all former wills by me made. In tes-
-timony whereof I have hereunto set my hand and seal.
This first day of July in the year One thousand and
[corresponds to labeled page 213, of Will Records Vol. 2 - 1835-1850]
213
his Associates. Judges of the Court of Common Pleas in &
for the County of Delaware in the State of Ohio
"This day the last will & testament of Nathaniel Benton.
decd was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing approved
& ordered to be recorded. And thereupon on motion of Isabel
Benton the Executrix in said will named, it is named that
letters testamentary be granted her upon her entering into
bonds in the sum of $4000.00? with William P Benton.
& Jonathan Gardner as security. And it is further ordered
that Timothy Andrews. Lyman Andrews & Ebenezer
Goodrich appraise the personal property of said Estate
"In the name of the beloved Father of all. I Nathaniel
Benton of Liberty Township Delaware County & State of
Ohio being weak in body but of sound mind do make and pub-
-lish this my last will and testament. Item first~ I give
and devise to my beloved wife Isabel in lieu of her dower
^all my estate which amounts to about Eighteen hundred or two thousand
dollars principally in notes of hand secured by mortgage on
real estate. Item 2d~ I will that the said Isabel ^collect & pay all
my honest debts. Item 3rd I will that the said Isabel
pay to each of my heirs. the sum of two hundred dollars
when by her collected of my estate and they arrive at lawful
age. Provided~ If the said Isabel cannot collect the notes
of my estate. and proceeds to and closes the said mortgage or
mortgages on real estate, then and in that case the said
Isabel to pay to the said heirs the amount of two hundred
dollars each from the proceeds of the said estate when by
her by sold. Item 4th It is my will that if my wife
Isabel should marry after after my decease. that she should
only have of my estate five hundred dollars all the residue
to be equally divided between my heirs. Item 5th It is my
will that all the residue of my estate that may be in possess-
-ion of my wife Isabel or that may be owned by her at her
decease should descend to and be equally divided between my
heirs Item 6th I appoint and make the said Isabel
my wife executrix of this my last will and testament
I do hereby revoke all former wills by me made. In tes-
-timony whereof I have hereunto set my hand and seal.
This first day of July in the year One thousand and
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 259)
Description
[page 259]
[corresponds to labeled page 214 of Will Records Vol. 2 - 1835-1850]
214,
Eight hundred and forty two
Nathaniel Benton {seal}
Signed and acknowledged by said Nathaniel
Benton as his last will and testament in our presence
and signed by us in his presence. Lyman Andrews
A. Goodrich
The State of Ohio Delaware County SS~ Personally
appeared in open Court Lyman Andrews & A. Goodrich
subscribing witnesses to the last will and testament of
Nathaniel Benton late of Delaware County decd & made
oath in due form of law depose & say that they and
each of them subscribed said will at the request and in
the presence of the testator and in the presence of each other
and that he declared it to be his last will and testament.
that he was of sound mind and memory and not under
any restraint and that he was of lawful age say about
fifty years. Lyman Andrews A Goodwich
Sworn to & subscribed in open Court this 14th day of October AD 1842
WD Heim Clerk~
Recorded the foregoing will &c Oct. 24th 1842~
Attest WD Heim Clerk~
___________________________________________________________________________
Will of Abial Converse decd
___________________________
Pleas held at the Court House in Delaware on the 16th
day of October AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqrs his Associates, Judges of the Court of Common Pleas
in & for the County of Delaware in the State of Ohio
This day the last will & testament of Abial Converse decd
was produced in open Court & proved by the testimony of
Enos Evans one of the subscribing witnesses thereto as reduced to
writing; & Ambrose Miller the other subscribing witness
thereto having gone to parts unknown the deposition of
John Beebe was taken in writing as proof of the execution
of said will. thereupon the Court consider said will duly
found & order the same to be recorded
"I, Abial Converse of the County of Delaware in the State
[corresponds to labeled page 214 of Will Records Vol. 2 - 1835-1850]
214,
Eight hundred and forty two
Nathaniel Benton {seal}
Signed and acknowledged by said Nathaniel
Benton as his last will and testament in our presence
and signed by us in his presence. Lyman Andrews
A. Goodrich
The State of Ohio Delaware County SS~ Personally
appeared in open Court Lyman Andrews & A. Goodrich
subscribing witnesses to the last will and testament of
Nathaniel Benton late of Delaware County decd & made
oath in due form of law depose & say that they and
each of them subscribed said will at the request and in
the presence of the testator and in the presence of each other
and that he declared it to be his last will and testament.
that he was of sound mind and memory and not under
any restraint and that he was of lawful age say about
fifty years. Lyman Andrews A Goodwich
Sworn to & subscribed in open Court this 14th day of October AD 1842
WD Heim Clerk~
Recorded the foregoing will &c Oct. 24th 1842~
Attest WD Heim Clerk~
___________________________________________________________________________
Will of Abial Converse decd
___________________________
Pleas held at the Court House in Delaware on the 16th
day of October AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqrs his Associates, Judges of the Court of Common Pleas
in & for the County of Delaware in the State of Ohio
This day the last will & testament of Abial Converse decd
was produced in open Court & proved by the testimony of
Enos Evans one of the subscribing witnesses thereto as reduced to
writing; & Ambrose Miller the other subscribing witness
thereto having gone to parts unknown the deposition of
John Beebe was taken in writing as proof of the execution
of said will. thereupon the Court consider said will duly
found & order the same to be recorded
"I, Abial Converse of the County of Delaware in the State
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 260)
Description
[page 260]
[corresponds to labeled page 215 of Will Records Vol. 2 - 1835-1850]
215,
of Ohio do make and publish this my last will and testament
in manner and form following that is to say. first~ It is
my will that my funeral expenses and all my just debts be
fully paid. 2d Second. I give devise and bequeath to my
beloved wife Phebe Converse in lieu of her dower the plantation
in which we now reside. that is the use, rent, profit and ben-
-efit arising therefrom until my youngest son Alonzo
W. Converse. shall be of the full age of twenty one years which
will take place on the 13th day of November One thousand
eight hundred and fifty seven if he the said A W Converse
should live so long~ said plantation is situated in the county
of Delaware and state of Ohio in the Sixteenth Range
Township Seven Section four North part of lot No. Sixteen
continuing Sixty Six acres or there about and further after
the expiration of time that the said A W Convers shall be of
lawful age the said farm or plantation as above described
to be equally divided between my four children that is R.
Alvira Converse one fourth part. Artamus C Converse one
equal one fourth part. Alonzo W Converse one 1/4. Louisa
Matilda one equal one fourth part. all subject to my widows
dower if they all should live till that time but if any should
not survive till the expiration of that and decease with=
=out heirs. then the amount to be divided among those
that do survive equally= And further it is my will that
my wife Phebe Converse Should have after all legal and
lawful debt is paid. all the goods. chattels. money and
effects that may be remaining or due me at my death
And lastly I hereby appoint my said wife Phebe Converse
and John Beebe of the County of Knox to be the Execu=
=tors of this my last will and testament revoking all other
and annulling all former wills by me made and ratifying
and confirming this and no other to be my last will and
testament. In testimony whereof I have hereunto set my
hand and seal this Sixth day of July AD 1841
Abial Converse {seal}
Signed published and declared by the above named
Abial Converse as and for his last will and testament
in presence of us. who at his request signed as witnesses
of the same - Ambrose Miller. Enos Evans
Delaware County SS. Court of Common Pleas October
[corresponds to labeled page 215 of Will Records Vol. 2 - 1835-1850]
215,
of Ohio do make and publish this my last will and testament
in manner and form following that is to say. first~ It is
my will that my funeral expenses and all my just debts be
fully paid. 2d Second. I give devise and bequeath to my
beloved wife Phebe Converse in lieu of her dower the plantation
in which we now reside. that is the use, rent, profit and ben-
-efit arising therefrom until my youngest son Alonzo
W. Converse. shall be of the full age of twenty one years which
will take place on the 13th day of November One thousand
eight hundred and fifty seven if he the said A W Converse
should live so long~ said plantation is situated in the county
of Delaware and state of Ohio in the Sixteenth Range
Township Seven Section four North part of lot No. Sixteen
continuing Sixty Six acres or there about and further after
the expiration of time that the said A W Convers shall be of
lawful age the said farm or plantation as above described
to be equally divided between my four children that is R.
Alvira Converse one fourth part. Artamus C Converse one
equal one fourth part. Alonzo W Converse one 1/4. Louisa
Matilda one equal one fourth part. all subject to my widows
dower if they all should live till that time but if any should
not survive till the expiration of that and decease with=
=out heirs. then the amount to be divided among those
that do survive equally= And further it is my will that
my wife Phebe Converse Should have after all legal and
lawful debt is paid. all the goods. chattels. money and
effects that may be remaining or due me at my death
And lastly I hereby appoint my said wife Phebe Converse
and John Beebe of the County of Knox to be the Execu=
=tors of this my last will and testament revoking all other
and annulling all former wills by me made and ratifying
and confirming this and no other to be my last will and
testament. In testimony whereof I have hereunto set my
hand and seal this Sixth day of July AD 1841
Abial Converse {seal}
Signed published and declared by the above named
Abial Converse as and for his last will and testament
in presence of us. who at his request signed as witnesses
of the same - Ambrose Miller. Enos Evans
Delaware County SS. Court of Common Pleas October
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 261)
Description
[page 261]
[corresponds to labeled page 216 of Will Records Vol. 2 - 1835-1850]
216
Term 1842. Enos Evans being duly sworn in open Court
upon his oath says that the instrument of writing herewith
shown to the Court purporting to be the last will and
testament of Abial Converse of said County was executed
by the said Converse in the deponents presence on the sixth
day of July 1841~ that the deponent being so present, said
the said Abial Converse subscribe the same & heard him
acknowledge the same to be his last will and testament
and that the deponent subscribed his name to the same
as witness in the presence of the said Abial Converse & at
his request. And the deponent further says that the said
Abial Converse at the time of executing the said will was of
about the age of 48 years of sound mind and judgment
and acting under no restraint but did the same of his
own free will and accord. Enos Evans
Subscribed & sworn to in open Court Oct 14th 1842
WE Heim Clerk~
Delaware County SS Court of Common Pleas. October
Term 1842~ John Beebe being duly sworn in open Court
upon his oath says that the instrument of writing here=
=with shown to the Court purporting to be the last will
& testament of Abial Converse of the said County was execu=
=ted by the said Converse on the day and year therein specified
in the deponents presence & that the deponent, being so per-
-sonally present saw the said Abial Converse subscribe
the same and heard him acknowledge the same as his
last will and testament that the said Converse at the
time of executing said will was of about the age of 48
years of sound mind and judgment and acting under
no restraint but did the same of his own free will and
accord. And the deponent further says that he saw
the said Ambrose Miller whose name is subscribed to the
said instrument as witness to the same subscribe the said
as witness in the presence of the said Abial Converse and
at his request~ the said Converse acknowledging to the
said Miller~ that the said instrument was his last will
and testament~ and the said signature of the said Miller
is true and genuine~ And the deponent further says
that the said Ambrose Miller has left the said County
of Delaware and gone to parts unknown and that no
[corresponds to labeled page 216 of Will Records Vol. 2 - 1835-1850]
216
Term 1842. Enos Evans being duly sworn in open Court
upon his oath says that the instrument of writing herewith
shown to the Court purporting to be the last will and
testament of Abial Converse of said County was executed
by the said Converse in the deponents presence on the sixth
day of July 1841~ that the deponent being so present, said
the said Abial Converse subscribe the same & heard him
acknowledge the same to be his last will and testament
and that the deponent subscribed his name to the same
as witness in the presence of the said Abial Converse & at
his request. And the deponent further says that the said
Abial Converse at the time of executing the said will was of
about the age of 48 years of sound mind and judgment
and acting under no restraint but did the same of his
own free will and accord. Enos Evans
Subscribed & sworn to in open Court Oct 14th 1842
WE Heim Clerk~
Delaware County SS Court of Common Pleas. October
Term 1842~ John Beebe being duly sworn in open Court
upon his oath says that the instrument of writing here=
=with shown to the Court purporting to be the last will
& testament of Abial Converse of the said County was execu=
=ted by the said Converse on the day and year therein specified
in the deponents presence & that the deponent, being so per-
-sonally present saw the said Abial Converse subscribe
the same and heard him acknowledge the same as his
last will and testament that the said Converse at the
time of executing said will was of about the age of 48
years of sound mind and judgment and acting under
no restraint but did the same of his own free will and
accord. And the deponent further says that he saw
the said Ambrose Miller whose name is subscribed to the
said instrument as witness to the same subscribe the said
as witness in the presence of the said Abial Converse and
at his request~ the said Converse acknowledging to the
said Miller~ that the said instrument was his last will
and testament~ and the said signature of the said Miller
is true and genuine~ And the deponent further says
that the said Ambrose Miller has left the said County
of Delaware and gone to parts unknown and that no
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 262)
Description
[page 262]
[corresponds to labeled page 217 of Will Records Vol. 2 - 1835-1850]
217
one in said County has knowledge of his place of residence~
And further says not ~ John Beebe
Subscribed & sworn to in open Court Oct. 14th 1842
WD Heim Clerk~
Recorded the foregoing will &c Oct. 28th 1842
Attest WD Heim Clerk~
______________________________________________________________________
Will of John Jones decd
________________________
Pleas held at the Court House in Delaware on the 14th
day of October AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab
Jinks Esqrs his Associates. Judges of the Court of Common
Pleas in & for the County of Delaware in the State of Ohio
"This day the last will and testament of John Jones
decd was produced in open Court & proved by the testimony
of Rees Williams and of the subscribing witnesses thereto as
reduced to writing & the other subscribing witness David
Davis having gone to parts unknown the deposition of
Thomas C Jones was taken in writing as proof of the
execution of said will - thereupon the Court consider said
will duly proved & order the same to be recorded
On application of Wilder Joy the Executor named in
the last will & testament of John Jones decd it is ordered
that letters testamentary be granted him upon his enter-
-ing into bonds in the sum of $500.00? with Horatio P
Havens & Hosea Williams as security. And it is further
ordered that David Dyke, Emory Moore & Thomas
Williams appraise the personal property of said estate
"In the name of the Benevolent Father of all, I, John
Jones of the County of Delaware & State of Ohio do make
and publish that my last will and testament-
1st That out of my personal property or if that shall not be
sufficient then out of my real estate all my just debts together
with my funeral expenses be fully paid. 2nd I do hereby
nominate and appoint Wilder Joy of the County of Delaware
aforesaid executor of this my last will and testament hereby
[corresponds to labeled page 217 of Will Records Vol. 2 - 1835-1850]
217
one in said County has knowledge of his place of residence~
And further says not ~ John Beebe
Subscribed & sworn to in open Court Oct. 14th 1842
WD Heim Clerk~
Recorded the foregoing will &c Oct. 28th 1842
Attest WD Heim Clerk~
______________________________________________________________________
Will of John Jones decd
________________________
Pleas held at the Court House in Delaware on the 14th
day of October AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab
Jinks Esqrs his Associates. Judges of the Court of Common
Pleas in & for the County of Delaware in the State of Ohio
"This day the last will and testament of John Jones
decd was produced in open Court & proved by the testimony
of Rees Williams and of the subscribing witnesses thereto as
reduced to writing & the other subscribing witness David
Davis having gone to parts unknown the deposition of
Thomas C Jones was taken in writing as proof of the
execution of said will - thereupon the Court consider said
will duly proved & order the same to be recorded
On application of Wilder Joy the Executor named in
the last will & testament of John Jones decd it is ordered
that letters testamentary be granted him upon his enter-
-ing into bonds in the sum of $500.00? with Horatio P
Havens & Hosea Williams as security. And it is further
ordered that David Dyke, Emory Moore & Thomas
Williams appraise the personal property of said estate
"In the name of the Benevolent Father of all, I, John
Jones of the County of Delaware & State of Ohio do make
and publish that my last will and testament-
1st That out of my personal property or if that shall not be
sufficient then out of my real estate all my just debts together
with my funeral expenses be fully paid. 2nd I do hereby
nominate and appoint Wilder Joy of the County of Delaware
aforesaid executor of this my last will and testament hereby
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 263)
Description
[page 263]
[corresponds to labeled page 218 of Will Records Vol. 2 - 1835-1850]
218
authorizing and empowering him to compromise, adjust
release and discharge in such manner as he may deem
proper the debts and claims owed me. I do also authorize
and empower him if it shall become necessary in order to
pay any debts to sell by private sale or otherwise such
portion of my real estate as may be necessary to the satisfac=
=tion of my said debts and to execute acknowledge and de=
=liver deeds in fee simple for the same. The said real
estate being thirty acres of land off the West end of East half
of the Smith West quarter of lot No. 6 in the second quarter
of the fifth Township and nineteenth Range. U.S.M. lying
and being in the County of Delaware and State of Ohio
And I further direct that that after all my debts shall be
fully paid as aforesaid my said executor proceed to sell the
balance or the whole as the case may be of my said real X
or in such manner or upon such terms of credit. as to him
shall seem most proper. hereby authorizing him to execute
acknowledge and deliver deeds in fee simple for the same
And the money that shall be made by such sale or sales
together with any other property that I may have of any
Kind after the payment of my debts as aforesaid. I devise and
bequeath to my beloved mother Margaret Jones now residing
in Wales. And I further authorize my said Executor to send
all said moneys to her in such manner as to him shall
seem best~ In testimony whereof I have hereunto set
my hand and seal this 24th day of Sept. AD 1842
John Jones {seal}
Sealed and acknowledged by said John Jones as his
last will and testament in our presence and signed by us in
his presence. David Davis. Rees Williams
State of Ohio Delaware County SS Rees Williams
being first duly sworn deposes and says that the paper here
produced in Court purporting to be the last will and testa=
=ment of John Jones was signed by said John Jones as such
in my presence and in the presence of David Davis / who
is now gone to parts unknown / that said John Jones signed
said will freely and voluntarily and without restraint
and was of sound mind and memory~ that he requested
deponent and said David Davies to sign said will as
witness that deponent and said Davies did accordingly
[corresponds to labeled page 218 of Will Records Vol. 2 - 1835-1850]
218
authorizing and empowering him to compromise, adjust
release and discharge in such manner as he may deem
proper the debts and claims owed me. I do also authorize
and empower him if it shall become necessary in order to
pay any debts to sell by private sale or otherwise such
portion of my real estate as may be necessary to the satisfac=
=tion of my said debts and to execute acknowledge and de=
=liver deeds in fee simple for the same. The said real
estate being thirty acres of land off the West end of East half
of the Smith West quarter of lot No. 6 in the second quarter
of the fifth Township and nineteenth Range. U.S.M. lying
and being in the County of Delaware and State of Ohio
And I further direct that that after all my debts shall be
fully paid as aforesaid my said executor proceed to sell the
balance or the whole as the case may be of my said real X
or in such manner or upon such terms of credit. as to him
shall seem most proper. hereby authorizing him to execute
acknowledge and deliver deeds in fee simple for the same
And the money that shall be made by such sale or sales
together with any other property that I may have of any
Kind after the payment of my debts as aforesaid. I devise and
bequeath to my beloved mother Margaret Jones now residing
in Wales. And I further authorize my said Executor to send
all said moneys to her in such manner as to him shall
seem best~ In testimony whereof I have hereunto set
my hand and seal this 24th day of Sept. AD 1842
John Jones {seal}
Sealed and acknowledged by said John Jones as his
last will and testament in our presence and signed by us in
his presence. David Davis. Rees Williams
State of Ohio Delaware County SS Rees Williams
being first duly sworn deposes and says that the paper here
produced in Court purporting to be the last will and testa=
=ment of John Jones was signed by said John Jones as such
in my presence and in the presence of David Davis / who
is now gone to parts unknown / that said John Jones signed
said will freely and voluntarily and without restraint
and was of sound mind and memory~ that he requested
deponent and said David Davies to sign said will as
witness that deponent and said Davies did accordingly
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 264)
Description
[page 264]
[corresponds to labeled page 219 of Will Records Vol. 2 - 1835-1850]
219
in the same witnesses in the presence of said John Jones
and of each other and further says not
Rees Williams
Subscribed & sworn to in open Court this 14th day of Oct=
=ober 1842 WD Heim Clerk
Thomas C Jones being duly sworn deposes and says
that the paper here produced in Court purporting to be
the last will and testament of John Jones was written
by deponent at the request of said John Jones. that the signed
was sound as his last will and testament in the presence of
deponent and of David Davies and Rees Williams~ that
said Davies and Williams at the request of the testator and
in his presence and in the presence of each other signed said
will as witnesses that said John Jones was at the time
he signed said will of sound mind and memory and was
under no restraint~ testator had the appearence of being
of the age of thirty five or forty five years and further says
he T.C. Jones
Subscribed & sworn to in open Court this 16th day of October AD 1842
WD Heim Clerk~
Recorded the forgoing will Novr 3d 1842
Attest WD Heim Clerk
__________________________________________________________________________
Will of Walter Penry dec
________________________
Pleas held at the Court House in Delaware on the 17th
day of October AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqrs his Associates. Judges of the Court of Common Pleas in
& for the County of Delaware & State of Ohio
This day the last will & testament of Walter Penry decd
was produced in open Court & proved by the testimony of the
subscribing witnesses thereto as reduced to writing approved
& ordered to be recorded
In the name of God~ Amen~ I Walter Penry in perfect
understanding but weak of body, do on this 21st of Sept
AD 1831 make my last will and testament viz
I give and bequeath all which I possess between my father
[corresponds to labeled page 219 of Will Records Vol. 2 - 1835-1850]
219
in the same witnesses in the presence of said John Jones
and of each other and further says not
Rees Williams
Subscribed & sworn to in open Court this 14th day of Oct=
=ober 1842 WD Heim Clerk
Thomas C Jones being duly sworn deposes and says
that the paper here produced in Court purporting to be
the last will and testament of John Jones was written
by deponent at the request of said John Jones. that the signed
was sound as his last will and testament in the presence of
deponent and of David Davies and Rees Williams~ that
said Davies and Williams at the request of the testator and
in his presence and in the presence of each other signed said
will as witnesses that said John Jones was at the time
he signed said will of sound mind and memory and was
under no restraint~ testator had the appearence of being
of the age of thirty five or forty five years and further says
he T.C. Jones
Subscribed & sworn to in open Court this 16th day of October AD 1842
WD Heim Clerk~
Recorded the forgoing will Novr 3d 1842
Attest WD Heim Clerk
__________________________________________________________________________
Will of Walter Penry dec
________________________
Pleas held at the Court House in Delaware on the 17th
day of October AD 1842 before the Honorable Joseph R Swan
President & John Brundige, John Lugenbeel & Ahab Jinks
Esqrs his Associates. Judges of the Court of Common Pleas in
& for the County of Delaware & State of Ohio
This day the last will & testament of Walter Penry decd
was produced in open Court & proved by the testimony of the
subscribing witnesses thereto as reduced to writing approved
& ordered to be recorded
In the name of God~ Amen~ I Walter Penry in perfect
understanding but weak of body, do on this 21st of Sept
AD 1831 make my last will and testament viz
I give and bequeath all which I possess between my father
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 265)
Description
[page 265]
[corresponds to labeled page 220 of Will Records Vol. 2 - 1835-1850]
220
and Mary Penry Sen ~ he is to be comfortably supported
and after his death all is to be left the said Mary Penry and
her children. I desire none of the property to be removed
from the premises. I also appoint Mary Penry and
John Humphreys to be the Executors of my last will and
testament. Signed by me Walter X Penry
In presence of John Humphreys, John R Jones
"Com Pleas. October Term 1842. Delaware County Ss
John Humphreys and John R Jones being duly sworn
in open Court upon their oaths say that the instrument
of writing now here submitted to the Court purporting
to be the last will and testament of Walter Penry bearing
date 21st September 1831 was by the said Penry on the day
of the date thereof published and declared as his last will
& testament, that they said deponents heard him acknowl-
-edge his mark and name thereto and that they at his
request, in his presence & in the presence of each other
signed their names thereto as witnesses ~ that at that
time said Walter Penry was about 50 years of age of
sound mind mind & memory & not acting under any
restraint & further say not~ John Humphreys
John R Jones
Subscribed & sworn to in open Court Oct. 17th 1842
WD Heim Clerk~
Recorded the foregoing will etc Novr 3d 1842
Attest WD Heim Clerk~
_______________________________________________________________
Will of Amos Carr decd
_______________________
Pleas held at the court House in Delaware at a special
Court on the 24th day of October 1842 before the Honorable
John Brundige, John Lugenbeel & Ahab Jinks Esqrs
Associate Judges of the Court of Common Pleas in & for the
County of Delaware and in the State of Ohio
This day the last will & testament of Amos Carr decd
was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing app-
[corresponds to labeled page 220 of Will Records Vol. 2 - 1835-1850]
220
and Mary Penry Sen ~ he is to be comfortably supported
and after his death all is to be left the said Mary Penry and
her children. I desire none of the property to be removed
from the premises. I also appoint Mary Penry and
John Humphreys to be the Executors of my last will and
testament. Signed by me Walter X Penry
In presence of John Humphreys, John R Jones
"Com Pleas. October Term 1842. Delaware County Ss
John Humphreys and John R Jones being duly sworn
in open Court upon their oaths say that the instrument
of writing now here submitted to the Court purporting
to be the last will and testament of Walter Penry bearing
date 21st September 1831 was by the said Penry on the day
of the date thereof published and declared as his last will
& testament, that they said deponents heard him acknowl-
-edge his mark and name thereto and that they at his
request, in his presence & in the presence of each other
signed their names thereto as witnesses ~ that at that
time said Walter Penry was about 50 years of age of
sound mind mind & memory & not acting under any
restraint & further say not~ John Humphreys
John R Jones
Subscribed & sworn to in open Court Oct. 17th 1842
WD Heim Clerk~
Recorded the foregoing will etc Novr 3d 1842
Attest WD Heim Clerk~
_______________________________________________________________
Will of Amos Carr decd
_______________________
Pleas held at the court House in Delaware at a special
Court on the 24th day of October 1842 before the Honorable
John Brundige, John Lugenbeel & Ahab Jinks Esqrs
Associate Judges of the Court of Common Pleas in & for the
County of Delaware and in the State of Ohio
This day the last will & testament of Amos Carr decd
was produced in open Court & proved by the testimony of
the subscribing witnesses thereto as reduced to writing app-
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 266)
Description
[page 266]
[corresponds to labeled page 221 of Will Records Vol. 2 - 1835-1850]
221
-roved to be recorded. And thereupon on motion of William
August and William Jackson the Executors in said will named
& is ordered that letters testamentary be granted them upon
their entering into bonds in the sum of $1000.00? with
James Ligget & John Smart as security~ And it is further
ordered that William M Warren, George Beam & James
Arnold appraise the personal property of said estate
I Amos Carr of the County of Delaware in the State
of Ohio do make and publish this my last will and
testament in manner and form following that is to say
First. It is my will and funeral expenses and all my
just debts be fully paid. Second. I give devise and bequ-
-eath to my beloved wife Margaret Carr in lieu of her
dower the plantation on which we now reside situated
in Delaware County on the waters of Mill Creek con-
-taining about One hundred and Seventy five acres
and also the four acres where the still now stands so long
as she may remain my widow and all the live stock
Horses. Cows. Sheep and hogs by me now owned and kept
thereon. Also all the household furniture and other
items not particularly mentioned and otherwise
disposed of in the will. their however first disposing
of a sufficiency thereof to pay my just debts as aforesaid
and it is my will that she shall have and keep the
two work houses that now is on the farm viz~ One
Bay mare and one Brown horse together with her
choice of harness for them and two plows one patent-
plow and one shovel plow and two weeding hoes
and two single tree and double tree and clevisis suf-
-ficient for the two plows~ And at the death of my
said wife or if she should hereafter marry all the property
hereby devised or bequeathed to her as aforesaid or so much as may
remain unexpended to my nine children Gideon, Amelia,
Louisa, Jackson, Conrad & Catherine. Hagar. Amos. Margaret
John J Carr and to their heirs and assigns forever except
Jacksons which I will and bequeath to his heirs for their
special benefit and use~ And lastly I hereby constitute
and appoint William Jackson and William Smart
to be the Executors of this my last will and testament
me made and revoking and annulling all former
[corresponds to labeled page 221 of Will Records Vol. 2 - 1835-1850]
221
-roved to be recorded. And thereupon on motion of William
August and William Jackson the Executors in said will named
& is ordered that letters testamentary be granted them upon
their entering into bonds in the sum of $1000.00? with
James Ligget & John Smart as security~ And it is further
ordered that William M Warren, George Beam & James
Arnold appraise the personal property of said estate
I Amos Carr of the County of Delaware in the State
of Ohio do make and publish this my last will and
testament in manner and form following that is to say
First. It is my will and funeral expenses and all my
just debts be fully paid. Second. I give devise and bequ-
-eath to my beloved wife Margaret Carr in lieu of her
dower the plantation on which we now reside situated
in Delaware County on the waters of Mill Creek con-
-taining about One hundred and Seventy five acres
and also the four acres where the still now stands so long
as she may remain my widow and all the live stock
Horses. Cows. Sheep and hogs by me now owned and kept
thereon. Also all the household furniture and other
items not particularly mentioned and otherwise
disposed of in the will. their however first disposing
of a sufficiency thereof to pay my just debts as aforesaid
and it is my will that she shall have and keep the
two work houses that now is on the farm viz~ One
Bay mare and one Brown horse together with her
choice of harness for them and two plows one patent-
plow and one shovel plow and two weeding hoes
and two single tree and double tree and clevisis suf-
-ficient for the two plows~ And at the death of my
said wife or if she should hereafter marry all the property
hereby devised or bequeathed to her as aforesaid or so much as may
remain unexpended to my nine children Gideon, Amelia,
Louisa, Jackson, Conrad & Catherine. Hagar. Amos. Margaret
John J Carr and to their heirs and assigns forever except
Jacksons which I will and bequeath to his heirs for their
special benefit and use~ And lastly I hereby constitute
and appoint William Jackson and William Smart
to be the Executors of this my last will and testament
me made and revoking and annulling all former
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 267)
Description
[page 267]
[corresponds to labeled page 222 of Will Records Vol. 2 - 1835-1850]
222
wills, ratifying and confirming this and no other to be my
last will and testament. In testimony whereof I have
hereunto set my hand and seal this 2nd day of October A.D.
1842 Amos Carr {seal}
Signed published and declared by the above named
Amos Carr as and for his last will and testament in
presence of us who at his request have signed as witnesses
to the same. Joab Liggit, Wm H Felkner~
"Joab Liggit and William Felkner being examined in
in open Court upon these respective oaths say that they
were called upon to witness the execution of the last will and
testament of Amos Carr decd~ and signed the same in their
presence~ that they attested the same in his presence and at
his request~ that said testator was of full age, of sound mind
and memory and free from any restraint, and is now
deceased. Joab Ligget. Wm H Felkner
Subscribed & sworn to in open Court Oct. 24th 1842
WD Heim Clerk~
Recorded the foregoing will etc Novr 4d 1842
Attest WD Heim Clerk~
______________________________________________________________________
Will of Samuel Munroe decd
___________________________
Pleas held at the Court House in Delaware on the 21st day of Marc
AD 1843. before the Honorable Joseph R Swann President & Ahab
Jinks. Marshall L Griffin & William Norris his associate
Judges of the Court of Common Pleas in & for the County of Del-
-ware in the State of Ohio.
This day the last will & testament of Samuel Munroe decd was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto, as reduced to writing approved & entered to be record-
-ed. And thereupon on motion of Hannah Monroe the Executor
in said Will named it is ordered that letters testamentary be granted
her upon the terms set forth in the said will upon her entering
into bonds in the sum of $1700.00? with John Bostwick & Ebinezer
Wood as security And it is further ordered that Lester Bartlett
Adam Wolf & Stephen Wood appraise the personal property
[page cut off]
[corresponds to labeled page 222 of Will Records Vol. 2 - 1835-1850]
222
wills, ratifying and confirming this and no other to be my
last will and testament. In testimony whereof I have
hereunto set my hand and seal this 2nd day of October A.D.
1842 Amos Carr {seal}
Signed published and declared by the above named
Amos Carr as and for his last will and testament in
presence of us who at his request have signed as witnesses
to the same. Joab Liggit, Wm H Felkner~
"Joab Liggit and William Felkner being examined in
in open Court upon these respective oaths say that they
were called upon to witness the execution of the last will and
testament of Amos Carr decd~ and signed the same in their
presence~ that they attested the same in his presence and at
his request~ that said testator was of full age, of sound mind
and memory and free from any restraint, and is now
deceased. Joab Ligget. Wm H Felkner
Subscribed & sworn to in open Court Oct. 24th 1842
WD Heim Clerk~
Recorded the foregoing will etc Novr 4d 1842
Attest WD Heim Clerk~
______________________________________________________________________
Will of Samuel Munroe decd
___________________________
Pleas held at the Court House in Delaware on the 21st day of Marc
AD 1843. before the Honorable Joseph R Swann President & Ahab
Jinks. Marshall L Griffin & William Norris his associate
Judges of the Court of Common Pleas in & for the County of Del-
-ware in the State of Ohio.
This day the last will & testament of Samuel Munroe decd was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto, as reduced to writing approved & entered to be record-
-ed. And thereupon on motion of Hannah Monroe the Executor
in said Will named it is ordered that letters testamentary be granted
her upon the terms set forth in the said will upon her entering
into bonds in the sum of $1700.00? with John Bostwick & Ebinezer
Wood as security And it is further ordered that Lester Bartlett
Adam Wolf & Stephen Wood appraise the personal property
[page cut off]
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 268)
Description
[page 268]
[corresponds to unlabeled page 223 of Will Records Vol. 2 - 1835-1850]
The last will and testament of Samuel Munroe of Westfield
Township Delaware County & State of Ohio
In the name of God. I Samuel Munroe considering
the uncertainty of this mortal life and being of sound mind &
memory do make & publish this my last will & testament in
manner & form following (that is to say) First. I give and bequeath
unto my wife Hannah Monroe the use of my farm in Westfield
township together with all my personal property for her support
and the raising of my children until the youngest
child become of age; I appoint my said wife Hannah Monroe
sole executrix of this my last will & testament until my said
youngest child, become of age, if she remain my widow, but
if she, said Hannah Monroe marry, she then ceases to be executrix
of this my will and she the said Hannah Monroe shall thereafter
have no part of nor interest in my estate except one bed & bedding
and one hundred dollars which shall be given to her by my executor.
I hereby authorize my said wife Hannah Monroe to sell my
lot of land situate in Lincoln Township and to make a title for
the sum (said land not to be sold for less than three hundred
dollars and make such improvement on my farm in Westfield
Township as she may think proper. Item I give and bequeath
unto the heirs of my son Leonard Monroe deceased the sum of
One hundred dollars. Item I give and bequeath unto my son
Isaac Monroe the sum of one hundred dollars. Item I give &
bequeath unto my daughter Kezia Wood the sum of thirty dollars
Item I give and bequeath unto my daughter Mariah Smith the
sum of thirty dollars Item I give & bequeath unto my daughter
Sophiah Wood the sum of thirty dollars. Item I give and bequeath
unto my four sons, James Monroe, Alonzo De Carto Monroe, Jasper
Monroe & Spencer Monroe the sum of two hundred dollars each. Item
I give & bequeath unto my youngest son Oscar Monroe the sum
of three hundred dollars. Item I give & bequeath unto my youngest
daughter Eveline Monroe the sum of three hundred dollars. I hereby appoint
my brother Isaac Monroe and such other person as the Court may
be pleased to choose Executors of this my last will & testament to sell
as soon as my youngest child becomes of age. all my real & personal
estate & I hereby authorize them this said Executors last mentioned to
make titles for the same & to pay all of the legacies or sums of money
to the legatees above mentioned. And if my wife Hannah Monroe
is still living and remains my widow to reserve five hundred
dollars for her support to be by them given to, or laid for her as She
may need. said five hundred dollars is to be put out at interest.
[corresponds to unlabeled page 223 of Will Records Vol. 2 - 1835-1850]
The last will and testament of Samuel Munroe of Westfield
Township Delaware County & State of Ohio
In the name of God. I Samuel Munroe considering
the uncertainty of this mortal life and being of sound mind &
memory do make & publish this my last will & testament in
manner & form following (that is to say) First. I give and bequeath
unto my wife Hannah Monroe the use of my farm in Westfield
township together with all my personal property for her support
and the raising of my children until the youngest
child become of age; I appoint my said wife Hannah Monroe
sole executrix of this my last will & testament until my said
youngest child, become of age, if she remain my widow, but
if she, said Hannah Monroe marry, she then ceases to be executrix
of this my will and she the said Hannah Monroe shall thereafter
have no part of nor interest in my estate except one bed & bedding
and one hundred dollars which shall be given to her by my executor.
I hereby authorize my said wife Hannah Monroe to sell my
lot of land situate in Lincoln Township and to make a title for
the sum (said land not to be sold for less than three hundred
dollars and make such improvement on my farm in Westfield
Township as she may think proper. Item I give and bequeath
unto the heirs of my son Leonard Monroe deceased the sum of
One hundred dollars. Item I give and bequeath unto my son
Isaac Monroe the sum of one hundred dollars. Item I give &
bequeath unto my daughter Kezia Wood the sum of thirty dollars
Item I give and bequeath unto my daughter Mariah Smith the
sum of thirty dollars Item I give & bequeath unto my daughter
Sophiah Wood the sum of thirty dollars. Item I give and bequeath
unto my four sons, James Monroe, Alonzo De Carto Monroe, Jasper
Monroe & Spencer Monroe the sum of two hundred dollars each. Item
I give & bequeath unto my youngest son Oscar Monroe the sum
of three hundred dollars. Item I give & bequeath unto my youngest
daughter Eveline Monroe the sum of three hundred dollars. I hereby appoint
my brother Isaac Monroe and such other person as the Court may
be pleased to choose Executors of this my last will & testament to sell
as soon as my youngest child becomes of age. all my real & personal
estate & I hereby authorize them this said Executors last mentioned to
make titles for the same & to pay all of the legacies or sums of money
to the legatees above mentioned. And if my wife Hannah Monroe
is still living and remains my widow to reserve five hundred
dollars for her support to be by them given to, or laid for her as She
may need. said five hundred dollars is to be put out at interest.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 269)
Description
[page 269]
[corresponds to labeled page 224 of Will Records Vol. 2 - 1835-1850]
224
so that it or any part of it can be had at any time when wanted
and the balance to be equally divided among my children. If my
wife Hannah Monroe marry or die before my youngest child
become of age I authorise the above mentioned Executors then to secure
all of the personal property belonging to my estate and to rent the
farm & let all the money at interest that is not needed for the sup-
-port of my children, and to bind the boys to trades when old enough
and to see that my daughter Eveline is well railse and educated, &
if she said Eveline marry before my youngest child becomes of age, she
is to have one hundred dollars of his legacy given to him at his marriage
In witness whereof I have hereunto set my hand & seal the fifth
day of March in the year of our Lord one thousand eight hundred
and forty one
Samuel Monroe {seal}
Signed sealed published & declared by the above named Samuel
Monroe to be his last will & testament in the presence of us who at
his request and in his presence have subscribed subscribed our names
as witnesses thereto Elijah Wood, George Welch, Ira McLeod
The State of Ohio Delaware County Ss. Court of Common Pleas
March Term 1843. Personally appeared in open Court Elijah Wood
George Welch & Ira McLeod who being duly sworn depose & say that
the paper before them purporting to be the last Will & Testament of Samuel
Munroe now deceased was by the said Samuel Munroe acknowledged
published and declared to be his last Will & Testament in the presence
of these deponents that the said deceased was of lawful age that he
was of sound & disposing mind & memory & under no restraint as they
verily believe, that they subscribed the same as witnesses in the presence of & at
the request of the Testator & in the presence of each other.
Elijah Wood
George Welch
Ira McLeod
Sworn to & subscribed in open Court this 21st day of March AD 1843
WD Heim Clerk,
Recorded the foregoing will etc March 30th 1843.
Attest WD Heim Clerk,
[corresponds to labeled page 224 of Will Records Vol. 2 - 1835-1850]
224
so that it or any part of it can be had at any time when wanted
and the balance to be equally divided among my children. If my
wife Hannah Monroe marry or die before my youngest child
become of age I authorise the above mentioned Executors then to secure
all of the personal property belonging to my estate and to rent the
farm & let all the money at interest that is not needed for the sup-
-port of my children, and to bind the boys to trades when old enough
and to see that my daughter Eveline is well railse and educated, &
if she said Eveline marry before my youngest child becomes of age, she
is to have one hundred dollars of his legacy given to him at his marriage
In witness whereof I have hereunto set my hand & seal the fifth
day of March in the year of our Lord one thousand eight hundred
and forty one
Samuel Monroe {seal}
Signed sealed published & declared by the above named Samuel
Monroe to be his last will & testament in the presence of us who at
his request and in his presence have subscribed subscribed our names
as witnesses thereto Elijah Wood, George Welch, Ira McLeod
The State of Ohio Delaware County Ss. Court of Common Pleas
March Term 1843. Personally appeared in open Court Elijah Wood
George Welch & Ira McLeod who being duly sworn depose & say that
the paper before them purporting to be the last Will & Testament of Samuel
Munroe now deceased was by the said Samuel Munroe acknowledged
published and declared to be his last Will & Testament in the presence
of these deponents that the said deceased was of lawful age that he
was of sound & disposing mind & memory & under no restraint as they
verily believe, that they subscribed the same as witnesses in the presence of & at
the request of the Testator & in the presence of each other.
Elijah Wood
George Welch
Ira McLeod
Sworn to & subscribed in open Court this 21st day of March AD 1843
WD Heim Clerk,
Recorded the foregoing will etc March 30th 1843.
Attest WD Heim Clerk,
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 270)
Description
[page 270]
[corresponds to labeled page 225 of Will Records Vol. 2 - 1835-1850]
225
Will of Robert Jones decd
Pleas held at the Court House in Delaware on the 22nd day of March
A.D. 1843 before the Honorable Joseph R Swan President & Ahab
Jinks, Marshall L. Griffin & William G Norris his associate
judges of the Court of Common Pleas in & for the County of Del-
-ware in the State of Ohio.
This day the last will & testament of Robert Jones decd was pro-
-duced in open Court & proved by the testimony of the subscribing witnesses
thereto as reduced to writing approved & ordered to be recorded, and
thereupon on motion of Thomas C Jones the executor in said will
received it is entered that letters testamentary be granted him upon
his entering into bonds in the sum of $3,000? with Ralph
Hills & Sidney Moore as security, and it is further ordered that
Emery Moore, Lewis Brees & Chauncey Lumbert appraise the personal
property of said estate.
In the name of God Amen: I Robert Jones make &
publish this as my last will and testament. 1st That all
my just debts be fully paid. 2nd.I give and bequeath to my
beloved wife Susanna Jones and to her heirs and assigns foreon
all my personal and real property of whatever name or nature.
And I constitute and appoint my son Thomas C Jones as
executor of this my last will and testament. And I hereby make
any will or wills heretofore made by me and make and publish
this as my true last will and testament. In witness whereof I hereunto
put my hand seal this 18th day of February AD 1843.
Robert Jones {Seal}
Signed sealed and delivered in the presence of Chauncey Lumberd
Lewis Brees.
The State of Ohio Delaware County Ss Court of Common
Pleas March Term 1843. Personally appeared in open Court
Chauncy Lumberd & Lewis Brees who bring duly sworn depose &
say that the papers before them purporting to be the last will & testament
of Robert Jones now deceased was by the said Robert Jones acknowl-
-aged published & declared to be his last Will & Testament in the presence
of these dependents that the said deceased was of lawful age, the he
was of sound & disposing mind and memory and under no restraint
as they verily beleive that they prescribed the same as witnesses in the
presence & at the request of the Testator and in the presence of each
other Chauncy Lumberd, Lewis Brees,
[corresponds to labeled page 225 of Will Records Vol. 2 - 1835-1850]
225
Will of Robert Jones decd
Pleas held at the Court House in Delaware on the 22nd day of March
A.D. 1843 before the Honorable Joseph R Swan President & Ahab
Jinks, Marshall L. Griffin & William G Norris his associate
judges of the Court of Common Pleas in & for the County of Del-
-ware in the State of Ohio.
This day the last will & testament of Robert Jones decd was pro-
-duced in open Court & proved by the testimony of the subscribing witnesses
thereto as reduced to writing approved & ordered to be recorded, and
thereupon on motion of Thomas C Jones the executor in said will
received it is entered that letters testamentary be granted him upon
his entering into bonds in the sum of $3,000? with Ralph
Hills & Sidney Moore as security, and it is further ordered that
Emery Moore, Lewis Brees & Chauncey Lumbert appraise the personal
property of said estate.
In the name of God Amen: I Robert Jones make &
publish this as my last will and testament. 1st That all
my just debts be fully paid. 2nd.I give and bequeath to my
beloved wife Susanna Jones and to her heirs and assigns foreon
all my personal and real property of whatever name or nature.
And I constitute and appoint my son Thomas C Jones as
executor of this my last will and testament. And I hereby make
any will or wills heretofore made by me and make and publish
this as my true last will and testament. In witness whereof I hereunto
put my hand seal this 18th day of February AD 1843.
Robert Jones {Seal}
Signed sealed and delivered in the presence of Chauncey Lumberd
Lewis Brees.
The State of Ohio Delaware County Ss Court of Common
Pleas March Term 1843. Personally appeared in open Court
Chauncy Lumberd & Lewis Brees who bring duly sworn depose &
say that the papers before them purporting to be the last will & testament
of Robert Jones now deceased was by the said Robert Jones acknowl-
-aged published & declared to be his last Will & Testament in the presence
of these dependents that the said deceased was of lawful age, the he
was of sound & disposing mind and memory and under no restraint
as they verily beleive that they prescribed the same as witnesses in the
presence & at the request of the Testator and in the presence of each
other Chauncy Lumberd, Lewis Brees,
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 271)
Description
[page 271]
[corresponds to labeled page 226, of Will Records Vol. 2 - 1835-1850]
226
Sworn to and subscribed in open Court the 22nd day of March AD 1843
W D Heim Clerk.
Recorded the foregoing will &c 30 March 1843
Attest. W D Heim Clerk.
===================================================================
Will of William McClure decd
============================
Pleas held as the Court House in Delaware on the 23d day of March
AD 1843 before the Honorable Joseph R. Swan President & Ahab
Jinks. Marshall L Griffin & William G. Norris his associates Judges
of the Court of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will & testament of William McClure decd
was produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
& thereupon on motion. It is ordered that Jane McClure, Richard
McClure & John McClure be appointed Administrators with the
will annexed upon their entering into bonds in the sum of
$600.00? & with James McClure & Emery Moore as security. And
it is further ordered that Samuel Mason, John W Thompson &
Frederich Avery appraise the personal property of said Estate.
I William McClure of the County of Delaware in the
State of Ohio do make & publish this my last will & testament
in the manner & form following that is to say. First It is my will
that my funeral expenses & all my just debt be fully paid. Second
I bequeath to my beloved wife Jane McClure her right of Doer in
the plantation on which we now reside, situated in the Nineteenth
Range, fourth Township, Second Section & lot number Twenty con-
-taining One hundred acres during her natural life. Third I give
& devise to my son James McClure five dollars. 4th I give & devise
to my Daughter Eliza Rheam the sum of five dollars. 5th I give &
devise my daughter Jane Murphey the sum of ten dollars. 6th
I give & devise to my son Andrew McClure the sum of fifty dollars
7th I give & devise to my grandson William McClure son of James
McClure the sum of ten dollars. 8th I give & devise to my grand
son William McClure son of Doct William McClure the sum of
twenty five dollars 9th I give & devise to may grand son William
Rheam the sum of Ten dollars. 10th I give & devise to my grand
son William Crawford Cunningham the sum of twenty five dollars.
[corresponds to labeled page 226, of Will Records Vol. 2 - 1835-1850]
226
Sworn to and subscribed in open Court the 22nd day of March AD 1843
W D Heim Clerk.
Recorded the foregoing will &c 30 March 1843
Attest. W D Heim Clerk.
===================================================================
Will of William McClure decd
============================
Pleas held as the Court House in Delaware on the 23d day of March
AD 1843 before the Honorable Joseph R. Swan President & Ahab
Jinks. Marshall L Griffin & William G. Norris his associates Judges
of the Court of Common Pleas in & for the County of Delaware
in the State of Ohio.
This day the last will & testament of William McClure decd
was produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
& thereupon on motion. It is ordered that Jane McClure, Richard
McClure & John McClure be appointed Administrators with the
will annexed upon their entering into bonds in the sum of
$600.00? & with James McClure & Emery Moore as security. And
it is further ordered that Samuel Mason, John W Thompson &
Frederich Avery appraise the personal property of said Estate.
I William McClure of the County of Delaware in the
State of Ohio do make & publish this my last will & testament
in the manner & form following that is to say. First It is my will
that my funeral expenses & all my just debt be fully paid. Second
I bequeath to my beloved wife Jane McClure her right of Doer in
the plantation on which we now reside, situated in the Nineteenth
Range, fourth Township, Second Section & lot number Twenty con-
-taining One hundred acres during her natural life. Third I give
& devise to my son James McClure five dollars. 4th I give & devise
to my Daughter Eliza Rheam the sum of five dollars. 5th I give &
devise my daughter Jane Murphey the sum of ten dollars. 6th
I give & devise to my son Andrew McClure the sum of fifty dollars
7th I give & devise to my grandson William McClure son of James
McClure the sum of ten dollars. 8th I give & devise to my grand
son William McClure son of Doct William McClure the sum of
twenty five dollars 9th I give & devise to may grand son William
Rheam the sum of Ten dollars. 10th I give & devise to my grand
son William Crawford Cunningham the sum of twenty five dollars.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 272)
Description
[page 272]
[corresponds to labeled page 227 of Will Records Vol. 2 - 1835-1850]
227
11th I give & devise to my live sons Richard McClure & John McClure
the remainder of all my real & personal property to wit: the farm on which
we now live (in Delaware Township Range 14 Township 11. section 2 &
Lot 20) all Houses Cattle Hogs Sheep & farming utensils belonging to
said farm & that the household furniture be divided between Jane
McClure, Richard & John McClure. It is to be understood that the
amount to William McClure & William Crawford Cunningham
his two Grandsons be put out at interest, taken care of by this Uncle
John McClure until they become of age. In testimony whereof I have
hereunto set my hand & seal this 27th day of February AD 1838
Wm McClure {Seal}
Signed published & declared by the foregoing named William McCLure
as & for his last will & testament in presence of us, who at his request
have signed as witnesses to the same. William D Heim, Sidney
Moore.
The State of Ohio Delaware County Ss Court of Common Pleas
March Term 1843. Personally appeared in open Court Sidney
Moore & William D Heim subscribing witnesses &c who being duly
sworn depose & say that the papers before them purporting to be the
last Will & testament of William McClure late of Delaware Co
now deceased was by the said William McClure acknowledged pub-
-lished & declared to be his las Will & Testament in the presence of
these deponents that the said deceased was of lawful age that he was
of sound disposing mind & memory & under no restraint as they verily
believe that they subscribed the same as witnesses in the presence of & at the
request of the Testator & in the presence of each other.
Sidney Moore. Wm D Heim
Sworn to & subscribed in open Court this 23d day of March AD 1843
Wm G Norris Associate Judge
Recorded the foregoing will March 31st 1843
Attest W D Heim Clerk
====================================================================
Will of John L Markel decd
============================
Pleas held at the Court House in Delaware on the 24th day
of March AD 1843. before the Honorable Joseph R. Swan president
& Ahab Jinks. Marshall L Griffin & William G Norris his
associates. Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
[corresponds to labeled page 227 of Will Records Vol. 2 - 1835-1850]
227
11th I give & devise to my live sons Richard McClure & John McClure
the remainder of all my real & personal property to wit: the farm on which
we now live (in Delaware Township Range 14 Township 11. section 2 &
Lot 20) all Houses Cattle Hogs Sheep & farming utensils belonging to
said farm & that the household furniture be divided between Jane
McClure, Richard & John McClure. It is to be understood that the
amount to William McClure & William Crawford Cunningham
his two Grandsons be put out at interest, taken care of by this Uncle
John McClure until they become of age. In testimony whereof I have
hereunto set my hand & seal this 27th day of February AD 1838
Wm McClure {Seal}
Signed published & declared by the foregoing named William McCLure
as & for his last will & testament in presence of us, who at his request
have signed as witnesses to the same. William D Heim, Sidney
Moore.
The State of Ohio Delaware County Ss Court of Common Pleas
March Term 1843. Personally appeared in open Court Sidney
Moore & William D Heim subscribing witnesses &c who being duly
sworn depose & say that the papers before them purporting to be the
last Will & testament of William McClure late of Delaware Co
now deceased was by the said William McClure acknowledged pub-
-lished & declared to be his las Will & Testament in the presence of
these deponents that the said deceased was of lawful age that he was
of sound disposing mind & memory & under no restraint as they verily
believe that they subscribed the same as witnesses in the presence of & at the
request of the Testator & in the presence of each other.
Sidney Moore. Wm D Heim
Sworn to & subscribed in open Court this 23d day of March AD 1843
Wm G Norris Associate Judge
Recorded the foregoing will March 31st 1843
Attest W D Heim Clerk
====================================================================
Will of John L Markel decd
============================
Pleas held at the Court House in Delaware on the 24th day
of March AD 1843. before the Honorable Joseph R. Swan president
& Ahab Jinks. Marshall L Griffin & William G Norris his
associates. Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio.
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 273)
Description
[page 273]
[corresponds to labeled page 228 of Will Records Vol. 2 - 1835-1850]
228
This day the last will & testament of John L Markel decd. was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto us ordered to writing, approved & ordered to be record-
-ed & therefore Elizabeth Markel widow of said John L Markel decd
approved personally in open Court & made her election to take under
the said will & it appraising to the Court that the Executors named
in said will refuse to act on motion. It is ordered that letters of
administration with the will annexed be granted unto John F Dun-
lap upon his entering into bonds in the sum of $800.00 with
James R McKinnie & Emery Moore as security And it is
furthered ordered that John Moyer, John Gast & Maryann Williams
appraise the personal property of said Estate.
In the name of the Benevolent Father of all I, John L
Markel of Thompson township in the County of Delaware & State
of Ohio do make & publish this my last will & testament as follows
Item 1st I give & devise to my beloved wife Elizabeth Markel the
one half of the farm on which we now reside situate in Thompson
Township Delaware County Ohio on the West side of the Scioto River
in the South half of Moreheads survey No 3150. Virginia Military
Lands which deed is on record in the Recorders Office in Delaware
Vol 20 page 93 also the one half of all my personal property after
my funeral expenses & all my just debts be fully paid to her & her heirs
& assigns. Item 2nd I give & devise to my two nephews Sweaton
Fairchild & Elihu Fairchild the other half of all my personal or
real property which I now own or may come to me by will or wills
or otherwise. Provided Sweaton & Elihu Fairchild shall take care
of said farm & if not my said wife is to have their share during her
natural life and after her death the said Sweaton and Elihu Fairchild
or their heirs or assigns is have it in fee simple Item 3d I do
hereby nominate & appoint my wife Elizabeth Markel & my friend
Hon John Lugenbeel Executor of this my last will & testament hereby
authorizing & confirming them to compromise adjust release & discharge
in such manner as they may deem proper the debts & claims due me.
I do also authorize & confirm them if it shall become necessary in order to
pay my debts to sell by private sale or in such manner upon such
terms of credit or otherwise as they may think proper all or any part
of my real estate & deeds to purchasers to execute acknowledge & deliver
in fee simple. I do hereby revoke all former wills by me made
in testimony whereof I have hereunto set my hand & said this sixth
day of December AD 1847
John L. [his mark] Markel {seal}
[corresponds to labeled page 228 of Will Records Vol. 2 - 1835-1850]
228
This day the last will & testament of John L Markel decd. was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto us ordered to writing, approved & ordered to be record-
-ed & therefore Elizabeth Markel widow of said John L Markel decd
approved personally in open Court & made her election to take under
the said will & it appraising to the Court that the Executors named
in said will refuse to act on motion. It is ordered that letters of
administration with the will annexed be granted unto John F Dun-
lap upon his entering into bonds in the sum of $800.00 with
James R McKinnie & Emery Moore as security And it is
furthered ordered that John Moyer, John Gast & Maryann Williams
appraise the personal property of said Estate.
In the name of the Benevolent Father of all I, John L
Markel of Thompson township in the County of Delaware & State
of Ohio do make & publish this my last will & testament as follows
Item 1st I give & devise to my beloved wife Elizabeth Markel the
one half of the farm on which we now reside situate in Thompson
Township Delaware County Ohio on the West side of the Scioto River
in the South half of Moreheads survey No 3150. Virginia Military
Lands which deed is on record in the Recorders Office in Delaware
Vol 20 page 93 also the one half of all my personal property after
my funeral expenses & all my just debts be fully paid to her & her heirs
& assigns. Item 2nd I give & devise to my two nephews Sweaton
Fairchild & Elihu Fairchild the other half of all my personal or
real property which I now own or may come to me by will or wills
or otherwise. Provided Sweaton & Elihu Fairchild shall take care
of said farm & if not my said wife is to have their share during her
natural life and after her death the said Sweaton and Elihu Fairchild
or their heirs or assigns is have it in fee simple Item 3d I do
hereby nominate & appoint my wife Elizabeth Markel & my friend
Hon John Lugenbeel Executor of this my last will & testament hereby
authorizing & confirming them to compromise adjust release & discharge
in such manner as they may deem proper the debts & claims due me.
I do also authorize & confirm them if it shall become necessary in order to
pay my debts to sell by private sale or in such manner upon such
terms of credit or otherwise as they may think proper all or any part
of my real estate & deeds to purchasers to execute acknowledge & deliver
in fee simple. I do hereby revoke all former wills by me made
in testimony whereof I have hereunto set my hand & said this sixth
day of December AD 1847
John L. [his mark] Markel {seal}
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 274)
Description
[page 274]
[corresponds to labeled page 229 of Will Records Vol. 2 - 1835-1850]
229
Signed and acknowledged by said John L Markel as his last will &
testament in our presence & signed by us in his presence.
William Mills Morgan Williams
The State of Ohio Delaware County ss. Court of Common Pleas
March Term 1843. Personally appeared in open Court William Miles
& Morgan Williams who being duly sworn depose & say that the papers
before them purporting to be the last Will & Testament of John L Markel
now deceased was by the said John L Markel acknowledged published
& declared to be his last will & testament in the presence of these deponents
that the said deceased was of lawful age that he was of sound and
disposing mind & memory and under no restraint as they verily believe
that they subscribed the same as witnesses in the presence & at the request
of the Testator & in presence of each other, Morgan Williams, William
Miles
Sworn in & subscribed in open Court this 21st day of March AD 1843
W D Heim Clerk
Recorded the foregoing will March 31st 1843
Attest W D Heim Clerk
========================================================================
Will of William Carter decd.
Pleas held at the Court House in Delaware on the 27th day
of March AD 1843 before the Honorable Joseph R Swan President
and Ahab Jinks, William G Norris & Marshall L Griffin his
associates Judges of the Court of Common Pleas in for the County
of Delaware in the State of Ohio.
As motion of T.W. Powell Atty oc It is ordered that the authen-
-ticated copy of the last will & testament of William Carter decd
now produced & proved according to the laws of the State of Vir-
-ginia and having relation to property in this State be admit-
-ed to record among the Record of Wills for this County~
In the name of God Amen, I William Carter of the City
of Richmond, Apothacary & Druggist do make & ordain this my
last will & testament. That is to say principally & first of all I give
and recommend my soul into the hands of Almighty God, that
gave it, and my body I recommend to the earth to be buried in
a plain and decent Christian burial viz in a plain black walnut
coffin without any covering and desire no one but my dear wife
to go into mourning for me. And as to my worldly estate I
give demise and dispose of the same in the manner & form follow
[corresponds to labeled page 229 of Will Records Vol. 2 - 1835-1850]
229
Signed and acknowledged by said John L Markel as his last will &
testament in our presence & signed by us in his presence.
William Mills Morgan Williams
The State of Ohio Delaware County ss. Court of Common Pleas
March Term 1843. Personally appeared in open Court William Miles
& Morgan Williams who being duly sworn depose & say that the papers
before them purporting to be the last Will & Testament of John L Markel
now deceased was by the said John L Markel acknowledged published
& declared to be his last will & testament in the presence of these deponents
that the said deceased was of lawful age that he was of sound and
disposing mind & memory and under no restraint as they verily believe
that they subscribed the same as witnesses in the presence & at the request
of the Testator & in presence of each other, Morgan Williams, William
Miles
Sworn in & subscribed in open Court this 21st day of March AD 1843
W D Heim Clerk
Recorded the foregoing will March 31st 1843
Attest W D Heim Clerk
========================================================================
Will of William Carter decd.
Pleas held at the Court House in Delaware on the 27th day
of March AD 1843 before the Honorable Joseph R Swan President
and Ahab Jinks, William G Norris & Marshall L Griffin his
associates Judges of the Court of Common Pleas in for the County
of Delaware in the State of Ohio.
As motion of T.W. Powell Atty oc It is ordered that the authen-
-ticated copy of the last will & testament of William Carter decd
now produced & proved according to the laws of the State of Vir-
-ginia and having relation to property in this State be admit-
-ed to record among the Record of Wills for this County~
In the name of God Amen, I William Carter of the City
of Richmond, Apothacary & Druggist do make & ordain this my
last will & testament. That is to say principally & first of all I give
and recommend my soul into the hands of Almighty God, that
gave it, and my body I recommend to the earth to be buried in
a plain and decent Christian burial viz in a plain black walnut
coffin without any covering and desire no one but my dear wife
to go into mourning for me. And as to my worldly estate I
give demise and dispose of the same in the manner & form follow
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 275)
Description
[page 275]
[corresponds to labeled page 230 of Will Records Vol. 2 - 1835-1850]
230
First I will and devise that all my just debts, Funeral expenses &
the charges of proving this will be paid. I give and bequeath to
my dear wife Mary all my household furniture, plates, linnen &
china which I may be possessed of at my decease and my gold watch
which I am now possessed of at my decease asurring such a proportion
of furniture to be given to my daughter Jane. Now in case of her
marriage or her wishing to live otherwise than with my said wife
Mary as was given to my daughter Mary Edloe at the time of
her marriage to Mr. Joseph Jackson. I give and bequeath unto my
daughter Elizabeth Wray Spencer such a proportion of the said furni-
-ture as she shall be in possession of at my decease. I will and desire
that my executor herein after named shall and do immediately after
my decease deliver to my son William all my surgical instruments
together with such a proportion of Books & Medicines as I intend to
make a list of but in case no such list can be found, then I will
that my said executors shall give my son such a proportion of books
and medicines as shall be desired most necessary for his practice only.
by one of the faculty chosen by my executors. and not to amount to
more than thirty pounds retail current value, exclusive of the instru-
-ments. And not withstanding my said son has run through more
than his share of my estate by extravagance independent of his
indisposition and altho' his present disposition seems prone to
nothing but idleness and sloth, yet it is my ernest wish and
desire (should that much wished for change take place and he
will endeavor to support himself by his profession) that my said
Executors shall and do by and with the consent of my dear wife Mary
pay unto my said son the sum of thirty pounds current money in
such manner proportion and form as they shall think proper
for and towards his maintinance and support, so as not
to be paid, before the end of twelve months next after my decease, and
I do hereby ratify and confirm a gift heretofore by me given to
my daughter Elizabeth Wray Spencer that is to say the piano
forte, and four plated candlesticks, I give and bequeath unto
my dear wife Mary and her assigns for and during her natural
life my two negro women named Pattey & Easter and five
hundred pounds current money to be put into the hands of one
or more of my said Executors as she shall choose at the rate of
six per centrum per annum to be paid to her quarterly. I also
give and bequeath unto such person or persons as my said wife
shall give & bequeath, limit direct or appoint in & by her last
will & testament the sum of two hundred & fifty pounds, to be
[corresponds to labeled page 230 of Will Records Vol. 2 - 1835-1850]
230
First I will and devise that all my just debts, Funeral expenses &
the charges of proving this will be paid. I give and bequeath to
my dear wife Mary all my household furniture, plates, linnen &
china which I may be possessed of at my decease and my gold watch
which I am now possessed of at my decease asurring such a proportion
of furniture to be given to my daughter Jane. Now in case of her
marriage or her wishing to live otherwise than with my said wife
Mary as was given to my daughter Mary Edloe at the time of
her marriage to Mr. Joseph Jackson. I give and bequeath unto my
daughter Elizabeth Wray Spencer such a proportion of the said furni-
-ture as she shall be in possession of at my decease. I will and desire
that my executor herein after named shall and do immediately after
my decease deliver to my son William all my surgical instruments
together with such a proportion of Books & Medicines as I intend to
make a list of but in case no such list can be found, then I will
that my said executors shall give my son such a proportion of books
and medicines as shall be desired most necessary for his practice only.
by one of the faculty chosen by my executors. and not to amount to
more than thirty pounds retail current value, exclusive of the instru-
-ments. And not withstanding my said son has run through more
than his share of my estate by extravagance independent of his
indisposition and altho' his present disposition seems prone to
nothing but idleness and sloth, yet it is my ernest wish and
desire (should that much wished for change take place and he
will endeavor to support himself by his profession) that my said
Executors shall and do by and with the consent of my dear wife Mary
pay unto my said son the sum of thirty pounds current money in
such manner proportion and form as they shall think proper
for and towards his maintinance and support, so as not
to be paid, before the end of twelve months next after my decease, and
I do hereby ratify and confirm a gift heretofore by me given to
my daughter Elizabeth Wray Spencer that is to say the piano
forte, and four plated candlesticks, I give and bequeath unto
my dear wife Mary and her assigns for and during her natural
life my two negro women named Pattey & Easter and five
hundred pounds current money to be put into the hands of one
or more of my said Executors as she shall choose at the rate of
six per centrum per annum to be paid to her quarterly. I also
give and bequeath unto such person or persons as my said wife
shall give & bequeath, limit direct or appoint in & by her last
will & testament the sum of two hundred & fifty pounds, to be
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 276)
Description
[page 276]
[corresponds to labeled page 231 of Will Records Vol. 2 - 1835-1850]
231
paid to them by my said Executors at the end of six months
after her decease, but in case my said wife make in particular
gift bequest limitation direction or appointment thereof then
I will that the same shall sink into the residence of my personal
estate for the benefit of the persons entitled thereto in and by this
my last will. And I do hereby declare that the provisions made
in & by this my last will is by me intended and shall be by her
taken in full barr recompence and satisfaction of all dower
or thirds and other claims or demands which she can or may
have out of all or any the real estate which I may be seized
or possessed of at the time of my decease, and I do hereby charge
and make chargeable all my real estate in and of my person-
-ally with the payment of my just debts and the several legacies
and annuities herein before by me given And I do also give
unto my said wife and her assigns Dower of Entry, distress and
sale upon the same estate in case of failure of payment of the
annuity or legacy to her given for the space of twenty days after
the same is due and payable and subject and charged and
chargeable as aforesaid. In order to pay Doctor John
Wills five thousand dollars with the interest thereon annually
as it becomes due and to secure Mr. Charles Spencer who has
joined with me in bonds for the payment thereof it is my will
and desire that as soon as the surveys of my land on the waters
of the Scioto, North West of the River Ohio can be received &
patent or patents obtained therefor that the said lands may
be sold to the best advantage and on the longest credit that
the purchase of my houses and lots whereon I now live will ad-
-mit of~ And as Mr. Spencer is to have or occupy the lower
part or moiety of the said houses and lot and now laying out
a considerable sum of money thereon in repairs and improvements
it is my desire and will that he the said C Spencer in case of my
decease may either take out in the rent annually (which rent
may be settled by any two or three Gentlemen, Merchants, my
executors may approve of what sum of money he may have laid
out on his moiety of the house he is to occupy or he may pay
forty five pounds which is one half the interest due annually as
he approves of, the rent to commence on the first day of July
past and as soon as all the purchase money with the
interest thereon is paid to Dr. Wills it is then my will and
desire that the said house and lot be equally divided be-
-tween my two daughters Jane How and Elizabeth W Spencer
[corresponds to labeled page 231 of Will Records Vol. 2 - 1835-1850]
231
paid to them by my said Executors at the end of six months
after her decease, but in case my said wife make in particular
gift bequest limitation direction or appointment thereof then
I will that the same shall sink into the residence of my personal
estate for the benefit of the persons entitled thereto in and by this
my last will. And I do hereby declare that the provisions made
in & by this my last will is by me intended and shall be by her
taken in full barr recompence and satisfaction of all dower
or thirds and other claims or demands which she can or may
have out of all or any the real estate which I may be seized
or possessed of at the time of my decease, and I do hereby charge
and make chargeable all my real estate in and of my person-
-ally with the payment of my just debts and the several legacies
and annuities herein before by me given And I do also give
unto my said wife and her assigns Dower of Entry, distress and
sale upon the same estate in case of failure of payment of the
annuity or legacy to her given for the space of twenty days after
the same is due and payable and subject and charged and
chargeable as aforesaid. In order to pay Doctor John
Wills five thousand dollars with the interest thereon annually
as it becomes due and to secure Mr. Charles Spencer who has
joined with me in bonds for the payment thereof it is my will
and desire that as soon as the surveys of my land on the waters
of the Scioto, North West of the River Ohio can be received &
patent or patents obtained therefor that the said lands may
be sold to the best advantage and on the longest credit that
the purchase of my houses and lots whereon I now live will ad-
-mit of~ And as Mr. Spencer is to have or occupy the lower
part or moiety of the said houses and lot and now laying out
a considerable sum of money thereon in repairs and improvements
it is my desire and will that he the said C Spencer in case of my
decease may either take out in the rent annually (which rent
may be settled by any two or three Gentlemen, Merchants, my
executors may approve of what sum of money he may have laid
out on his moiety of the house he is to occupy or he may pay
forty five pounds which is one half the interest due annually as
he approves of, the rent to commence on the first day of July
past and as soon as all the purchase money with the
interest thereon is paid to Dr. Wills it is then my will and
desire that the said house and lot be equally divided be-
-tween my two daughters Jane How and Elizabeth W Spencer
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 277)
Description
[page 277]
[corresponds to labeled page 232 of Will Records Vol. 2 - 1835-1850]
232
and that the latter may have the preference in choice and the
whole which may be occupied by Mr. C Spencer shall be one moiety
or half only. It is also my will and desire that at my decease if
it can be conveniently done that the whole of my stock or drugs &
medicines rc may be sold privately to some one person or persons in
my line of business at one hundred percent or more on as long credit
as my estate will admit of and on bond with good security and
my shop rented out in the best terms for paying off my interest
of forty five pounds annually to Dr. Wills, and the rest towards
the support of my wife and daughter Jane How. I, likewise will &
desire that after my just debts are paid that out of what monies
may be left from the sales of my lands and stock in trade, my
daughter Mary Edloe may be paid the sum of seven hundred &
fifty pounds which is equal to her sister Jane Hows moiety of
my houses and lot now in my occupation and the said sum of
seven hundred and fifty pounds I will and desire may be put
out on good bond and security with legal interest thereon as my
executors may think proper and the interest paid to the said
Mary Edloe as it may become due I give and bequeath all the
rest residue and remainder of my real and personal estates of
what nature or kind sown unto and equal amongst my three
daughters Jane How, Mary Edloe Jackson, & Elizabeth Mary Spencer
to hold such real estate unto them, their heirs and assigns forever
which estates of any kind I will and desire shall not be subject
to the debts control or interceding of their present or future
husbands with whom they may happen to inter marry, and it is
my express will and intention that my executors Joseph Jackson,
Charles Spencer and John Carter do and shall immediately after
my decease deliver to my son William Carter, medicines as before
epicified with all my wearing apparel, and dispose of my stock
in trade and collect in as far as possible all my debts and other
effects due and belonging to me at the time of my decease. I will
and desire that my two women Pattey and Easter may be per-
-mitted to choose their Masters and Mistresses and not sold if it
can be avoided and lastly it is my will and mind that should
my daughter Jane Now Carter die unmarried that the remainder
of her portion be equally divided between my other two daughters
Mary Edlov Jackson and Elizabeth W Spencer and hereby
revoking all former wills by me made at any time heretofore
made, I publish and declare this sheet of paper writing to be
my last will and testament and therefore do constitute and
[corresponds to labeled page 232 of Will Records Vol. 2 - 1835-1850]
232
and that the latter may have the preference in choice and the
whole which may be occupied by Mr. C Spencer shall be one moiety
or half only. It is also my will and desire that at my decease if
it can be conveniently done that the whole of my stock or drugs &
medicines rc may be sold privately to some one person or persons in
my line of business at one hundred percent or more on as long credit
as my estate will admit of and on bond with good security and
my shop rented out in the best terms for paying off my interest
of forty five pounds annually to Dr. Wills, and the rest towards
the support of my wife and daughter Jane How. I, likewise will &
desire that after my just debts are paid that out of what monies
may be left from the sales of my lands and stock in trade, my
daughter Mary Edloe may be paid the sum of seven hundred &
fifty pounds which is equal to her sister Jane Hows moiety of
my houses and lot now in my occupation and the said sum of
seven hundred and fifty pounds I will and desire may be put
out on good bond and security with legal interest thereon as my
executors may think proper and the interest paid to the said
Mary Edloe as it may become due I give and bequeath all the
rest residue and remainder of my real and personal estates of
what nature or kind sown unto and equal amongst my three
daughters Jane How, Mary Edloe Jackson, & Elizabeth Mary Spencer
to hold such real estate unto them, their heirs and assigns forever
which estates of any kind I will and desire shall not be subject
to the debts control or interceding of their present or future
husbands with whom they may happen to inter marry, and it is
my express will and intention that my executors Joseph Jackson,
Charles Spencer and John Carter do and shall immediately after
my decease deliver to my son William Carter, medicines as before
epicified with all my wearing apparel, and dispose of my stock
in trade and collect in as far as possible all my debts and other
effects due and belonging to me at the time of my decease. I will
and desire that my two women Pattey and Easter may be per-
-mitted to choose their Masters and Mistresses and not sold if it
can be avoided and lastly it is my will and mind that should
my daughter Jane Now Carter die unmarried that the remainder
of her portion be equally divided between my other two daughters
Mary Edlov Jackson and Elizabeth W Spencer and hereby
revoking all former wills by me made at any time heretofore
made, I publish and declare this sheet of paper writing to be
my last will and testament and therefore do constitute and
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 278)
Description
[page 278]
[corresponds to labeled page 233 of Will Records Vol. 2 - 1835-1850]
233
appoint the said Joseph Jackson, Charles Spencer and John
Carter my joint executors. In witness whereof I the said
testator have hereunto set and affixed my hand writing and
seal the first day of August in the year of our Lord one thou-
-sand seven hundred and ninety seven~
William Carter Senior {seal}
Signed sealed and delivered in the presence of us who in the
presence of each other have hereunto affixed our names
Benjn Solomon William Crawford, Leighton Moore, Benjm Mosby
Virginia to wit: At a General Court held at the Capitol
in the City of Richmond the 14th day of June 1794. this last
will and testament was proved by the oaths of Benjamin Sol-
-omon, William Crawford and Leighton Wood witnesses thereto
and ordered to be recorded~ And on the seventeenth day of the
same month on the motion of Charles Spencer and Joseph
Jackson two of the exors named in the said will who made
oath thereto recording to law and together with Hugh J.
Crawford and Thomas G Langley securities for the said Charles
(who severally justified us to their sufficiency) and William
Nimino and Joseph Boyce (who also severally justified on oath
as to their sufficiency as securities for the said Jackson) entered
into and acknowledged their bonds in the penalty of $8333 1/3
dollars each conditioned as the law directs, certificate is granted
the said executors for obtaining a probate of the said will in
due form~ liberty being reserved to the other executor named in
the said will to join in the probate where he shall think fit:
Teste Wilson Allen Cl Cur
Virginia to wit: I Nathaniel P Howard Clerk of the
General Court of Virginia do hereby certify that the foregoing
Will of William Carter Senior deceased is truly transcribed from
the records of Wills preserved in my office
In testimony whereof I have hereunto signed my name
{seal} and affixed the seal of the said General Court of
Virginia at the City of Richmond this thirteenth
day of February in the year one thousand eight hundred and
forty three W. P. Howard~
Virginia to wit I David Smith Presiding Judge of
the General Court of Virginia etc. hereby certify that Nathaniel
P Howard whose name is subscribed to the foregoing attestation
was at the date thereof Clerk of the said Court elected and
qualified according to law and that his said attestation
[corresponds to labeled page 233 of Will Records Vol. 2 - 1835-1850]
233
appoint the said Joseph Jackson, Charles Spencer and John
Carter my joint executors. In witness whereof I the said
testator have hereunto set and affixed my hand writing and
seal the first day of August in the year of our Lord one thou-
-sand seven hundred and ninety seven~
William Carter Senior {seal}
Signed sealed and delivered in the presence of us who in the
presence of each other have hereunto affixed our names
Benjn Solomon William Crawford, Leighton Moore, Benjm Mosby
Virginia to wit: At a General Court held at the Capitol
in the City of Richmond the 14th day of June 1794. this last
will and testament was proved by the oaths of Benjamin Sol-
-omon, William Crawford and Leighton Wood witnesses thereto
and ordered to be recorded~ And on the seventeenth day of the
same month on the motion of Charles Spencer and Joseph
Jackson two of the exors named in the said will who made
oath thereto recording to law and together with Hugh J.
Crawford and Thomas G Langley securities for the said Charles
(who severally justified us to their sufficiency) and William
Nimino and Joseph Boyce (who also severally justified on oath
as to their sufficiency as securities for the said Jackson) entered
into and acknowledged their bonds in the penalty of $8333 1/3
dollars each conditioned as the law directs, certificate is granted
the said executors for obtaining a probate of the said will in
due form~ liberty being reserved to the other executor named in
the said will to join in the probate where he shall think fit:
Teste Wilson Allen Cl Cur
Virginia to wit: I Nathaniel P Howard Clerk of the
General Court of Virginia do hereby certify that the foregoing
Will of William Carter Senior deceased is truly transcribed from
the records of Wills preserved in my office
In testimony whereof I have hereunto signed my name
{seal} and affixed the seal of the said General Court of
Virginia at the City of Richmond this thirteenth
day of February in the year one thousand eight hundred and
forty three W. P. Howard~
Virginia to wit I David Smith Presiding Judge of
the General Court of Virginia etc. hereby certify that Nathaniel
P Howard whose name is subscribed to the foregoing attestation
was at the date thereof Clerk of the said Court elected and
qualified according to law and that his said attestation
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 279)
Description
[page 279]
[corresponds to labeled page 234, of Will Records Vol. 2 - 1835-1850]
234
is in due form Given under my hand this twenty first
day of February in the year one thousand eight hundred and
forty three~ Dan Smith
Recorded the foregoing authenticated copy of will &c
May 23d 1843~ Attest WD Heim Clerk~
__________________________________________________________________________
Will of Isaac Dutton Decd
___________________________
Pleas at a special Court held at the Court House in Del-
-aware on the 18th day of April AD 1843 before the Honorable
Ahab Jinks, Marshall L Griffin & William G Norris Associate
Judges of the Court of Common Pleas in and for the County of
Delaware in the State of Ohio
This day the last will & testament of Isaac Dutton decd was
produced in open Court and proved by the testimony of the sub-
-scribing witnesses thereto as reduced to writing approved & ordered
to be recorded and thereupon on motion of Adam Hass the
executors in said will named it is ordered that letters testament-
-ary be granted unto him upon his entering into bonds in the
sum of $400.00? with John Brundige and Robert Patten as
security And it is further ordered that Andrew Strout Benjn
Olds & Joshua Armstrong appraise the personal property of
said estate. In the name of the Benevolent Father
of All, I Isaac Dutton of Delaware County Ohio do make &
publish this my last will & testament~ Item 1st I do hereby
nominate and appoint Adam Hass guardian of all my children
untill they shall respectively be of age. Item 2nd I do hereby nom-
-inate and appoint Adam Hass Executor of my estate to settle up
the same as he shall think best and according to law In testimony
whereof I have hereunto set my hand and seal this 25th day of
March in the year 1843~
Isaac Dutton {seal}
Signed & acknowledged by said Isaac Dutton as his last
will and testament in our presence and signed by us in his
presence Robert Patton John Simpson~
The State of Ohio Delaware County SS Special Court
of Common Pleas April 18th 1843 Personally appeared in open
Court Robert Patton & John Simpson who being duly sworn
depose and say that the papers before them purporting to be the
[corresponds to labeled page 234, of Will Records Vol. 2 - 1835-1850]
234
is in due form Given under my hand this twenty first
day of February in the year one thousand eight hundred and
forty three~ Dan Smith
Recorded the foregoing authenticated copy of will &c
May 23d 1843~ Attest WD Heim Clerk~
__________________________________________________________________________
Will of Isaac Dutton Decd
___________________________
Pleas at a special Court held at the Court House in Del-
-aware on the 18th day of April AD 1843 before the Honorable
Ahab Jinks, Marshall L Griffin & William G Norris Associate
Judges of the Court of Common Pleas in and for the County of
Delaware in the State of Ohio
This day the last will & testament of Isaac Dutton decd was
produced in open Court and proved by the testimony of the sub-
-scribing witnesses thereto as reduced to writing approved & ordered
to be recorded and thereupon on motion of Adam Hass the
executors in said will named it is ordered that letters testament-
-ary be granted unto him upon his entering into bonds in the
sum of $400.00? with John Brundige and Robert Patten as
security And it is further ordered that Andrew Strout Benjn
Olds & Joshua Armstrong appraise the personal property of
said estate. In the name of the Benevolent Father
of All, I Isaac Dutton of Delaware County Ohio do make &
publish this my last will & testament~ Item 1st I do hereby
nominate and appoint Adam Hass guardian of all my children
untill they shall respectively be of age. Item 2nd I do hereby nom-
-inate and appoint Adam Hass Executor of my estate to settle up
the same as he shall think best and according to law In testimony
whereof I have hereunto set my hand and seal this 25th day of
March in the year 1843~
Isaac Dutton {seal}
Signed & acknowledged by said Isaac Dutton as his last
will and testament in our presence and signed by us in his
presence Robert Patton John Simpson~
The State of Ohio Delaware County SS Special Court
of Common Pleas April 18th 1843 Personally appeared in open
Court Robert Patton & John Simpson who being duly sworn
depose and say that the papers before them purporting to be the
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 280)
Description
[page 280]
[corresponds to labeled page 235 of Will Records Vol. 2 - 1835-1850]
235
last will and testament of Isaac Dutton now deceased, was
by the said Isaac Dutton acknowledged justified & declared
to be his last Will & Testament in the presence of these deponents
that the said deceased was of lawful age that he was of sound
and disposing mind and memory and under no restraint as
they verily believe that they subscribed the same as witnessed in
the presence and at the request of the Testator and in the
presence of each other
Robert Patton John Simpson
Sworn to and subscribed in open Court this 18th day of April
AD 1843. WD Heim Clerk~
Recorded the foregoing will &c May 23d AD 1843.
Attest WD Heim Clerk~
________________________________________________________________________
Will of Daniel G Thurston Decd
______________________________
Pleas held at the Court House in Delaware on the 24th day of June
AD 1843 before the Honorable Joseph R Swan President & Ahab Jinks
Marshall L Griffin & William G Norris his Associates, Judges of the
Court of Common Pleas in & for the County of Delaware in the
State of Ohio~
This day the last will & testament of Daniel G Thurston decd was
produced in open Court & proved by the testimony of the subscribing
witnesses. thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Francis Thurston & Norton Thurston the
executors in the said will named it is ordered that letters testamentary
be granted them upon this entering into bonds in the sum of $1000.00
with Orsamus D Hough & George Baker as Security. And it is
further ordered that William Williams, Ezekial Longwell & Benjamin
Loofborough appraise the personal property of said estate
I Daniel G Thurston of the County of Delaware in the State of
Ohio do make & publish this my last will & testament in manner
and x following that is to say First it is my will that my fu-
-neral expenses & my just debts be fully paid. Second I give, devise
and bequeath to my beloved wife Francis Thurston in lieu of her
dower the plantation on which we now reside situated in the Township
of Brown, County of Delaware, State of Ohio, being a part of
lot No. twenty eight & twenty nine in salt reservation, continuing
about one hundred & eight acres, during her natural life. Third
[corresponds to labeled page 235 of Will Records Vol. 2 - 1835-1850]
235
last will and testament of Isaac Dutton now deceased, was
by the said Isaac Dutton acknowledged justified & declared
to be his last Will & Testament in the presence of these deponents
that the said deceased was of lawful age that he was of sound
and disposing mind and memory and under no restraint as
they verily believe that they subscribed the same as witnessed in
the presence and at the request of the Testator and in the
presence of each other
Robert Patton John Simpson
Sworn to and subscribed in open Court this 18th day of April
AD 1843. WD Heim Clerk~
Recorded the foregoing will &c May 23d AD 1843.
Attest WD Heim Clerk~
________________________________________________________________________
Will of Daniel G Thurston Decd
______________________________
Pleas held at the Court House in Delaware on the 24th day of June
AD 1843 before the Honorable Joseph R Swan President & Ahab Jinks
Marshall L Griffin & William G Norris his Associates, Judges of the
Court of Common Pleas in & for the County of Delaware in the
State of Ohio~
This day the last will & testament of Daniel G Thurston decd was
produced in open Court & proved by the testimony of the subscribing
witnesses. thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Francis Thurston & Norton Thurston the
executors in the said will named it is ordered that letters testamentary
be granted them upon this entering into bonds in the sum of $1000.00
with Orsamus D Hough & George Baker as Security. And it is
further ordered that William Williams, Ezekial Longwell & Benjamin
Loofborough appraise the personal property of said estate
I Daniel G Thurston of the County of Delaware in the State of
Ohio do make & publish this my last will & testament in manner
and x following that is to say First it is my will that my fu-
-neral expenses & my just debts be fully paid. Second I give, devise
and bequeath to my beloved wife Francis Thurston in lieu of her
dower the plantation on which we now reside situated in the Township
of Brown, County of Delaware, State of Ohio, being a part of
lot No. twenty eight & twenty nine in salt reservation, continuing
about one hundred & eight acres, during her natural life. Third
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 281)
Description
[page 281]
[corresponds to labeled page 236 of Will Records Vol. 2 - 1835-1850]
236
I give & devise to my eldest daughter Mary Wood five dollars
Fourth, to my eldest son Joseph Thurston five dollars~ Fifth to my
second daughter Betsy Longwell five dollars. Sixth to my second
son Samuel Thurston one hundred dollars, Seventh to my third
daughter, Sarah Thrall five dollars. Eighth to my fourth daughter
Phebe Thrall five dollars. Ninth to my fifth daughter
Eunice Herrendeen five dollars. Tenth to my fourth son Vinal
Thurston five dollars. Eleventh to my sixth daughter Nancy
Thurston five dollars. Twelth to my seventh daughter Francis Walker
five dollars. Thirteenth to my eighth daughter Barbary Thurston five
dollars. Fourteenth to my grand child William Monroe two dollars
& fifty cents Fifteenth to my grand child Lucy Ann Gray two
dollars & fifty cents and to their heirs and assigns, Sixteenth I give
and bequeath to my beloved wife Francis Thurston all the remainder
of my Personal property during her natural life. Seventeenth I give &
bequeath to my third son Norton Thurston after the death of my
wife Francis Thurston the plantation on which we now reside it being
the farm described within with all the real or personal property which
may belong to me at me death. And lastly I hereby constitute &
appoint my said wife Francis Thurston & my said third son Norton
Thurston to be the executors for this my last will & testament, revoking &
annulling all former wills by me made & ratifying & confirming this
and no other to be my last will & testament. In testamony whereof
I have hereunto set my hand and x this twenty seventh day of June
one thousand eight hundred & forty
Daniel G Thurston {seal}
Signed published and declared by the above named David G Thurston
as and for his last will & testament in presents of us who at his request
have signed as witnesses to the same~ C.D. Hough, George Baker
Personally appeared in open Court OD Hough & George Baker &
made solemn oath that they saw David G Ghurston subscribe his
name to the will now to the Court here shown, that at the request of
said Thurston they set their names thereto as witnesses, that the said
Thurston was then of full age, that he was then of sound mind &
memory and that he was not under any restraint.
O D Hough, George Baker
Subscribed & sworn to in open Court June Term AD 1843
WD Heim Clerk~
Recorded the foregoing will June 30th 1843
Attest WD Heim Clerk~
[corresponds to labeled page 236 of Will Records Vol. 2 - 1835-1850]
236
I give & devise to my eldest daughter Mary Wood five dollars
Fourth, to my eldest son Joseph Thurston five dollars~ Fifth to my
second daughter Betsy Longwell five dollars. Sixth to my second
son Samuel Thurston one hundred dollars, Seventh to my third
daughter, Sarah Thrall five dollars. Eighth to my fourth daughter
Phebe Thrall five dollars. Ninth to my fifth daughter
Eunice Herrendeen five dollars. Tenth to my fourth son Vinal
Thurston five dollars. Eleventh to my sixth daughter Nancy
Thurston five dollars. Twelth to my seventh daughter Francis Walker
five dollars. Thirteenth to my eighth daughter Barbary Thurston five
dollars. Fourteenth to my grand child William Monroe two dollars
& fifty cents Fifteenth to my grand child Lucy Ann Gray two
dollars & fifty cents and to their heirs and assigns, Sixteenth I give
and bequeath to my beloved wife Francis Thurston all the remainder
of my Personal property during her natural life. Seventeenth I give &
bequeath to my third son Norton Thurston after the death of my
wife Francis Thurston the plantation on which we now reside it being
the farm described within with all the real or personal property which
may belong to me at me death. And lastly I hereby constitute &
appoint my said wife Francis Thurston & my said third son Norton
Thurston to be the executors for this my last will & testament, revoking &
annulling all former wills by me made & ratifying & confirming this
and no other to be my last will & testament. In testamony whereof
I have hereunto set my hand and x this twenty seventh day of June
one thousand eight hundred & forty
Daniel G Thurston {seal}
Signed published and declared by the above named David G Thurston
as and for his last will & testament in presents of us who at his request
have signed as witnesses to the same~ C.D. Hough, George Baker
Personally appeared in open Court OD Hough & George Baker &
made solemn oath that they saw David G Ghurston subscribe his
name to the will now to the Court here shown, that at the request of
said Thurston they set their names thereto as witnesses, that the said
Thurston was then of full age, that he was then of sound mind &
memory and that he was not under any restraint.
O D Hough, George Baker
Subscribed & sworn to in open Court June Term AD 1843
WD Heim Clerk~
Recorded the foregoing will June 30th 1843
Attest WD Heim Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 282)
Description
[page 282]
[corresponds to labeled page 237 of Will Records Vol. 2 - 1835-1850]
237
Copy of the Will of Theophilus Harris decd
___________
Pleas held at the Court House in Delaware on the 12th day of
June AD 1843. before the Honorable Joseph R Swan President
and Ahab Jinks, Marshall L Griffin & William G Norris
his associates Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio
On motion of Mr. Finch in behalf of the Executors It is ordered
that the authenticated copy of the last will & testament of Theophilus
Harris decd proved according to the laws of the State of Pennsylvania
and have relation to property in this State be admitted to record
among the record of wills for this County~
Be it remembered that I Theophilus Harris of the City of Philadelphia
bring through the divine blessing of sound and with disposing mind
memory & understanding do make and ordain this my last will &
Testament in manner following that is to say. Item I will and
direct that all my just be paid: Item I give devise & bequeath unto
Samuel J Henderson of the City of Philadelphia, and John Walls
of Lower Dublin Township Philadelphia County and the survivor
of them and the executor of such survivor all that farm with the
building thereon erected situate in Lower Dublin Township aforesaid
bounded as follows. Beginning at a corner in the middle of
Herbert Thomas Mill Road near to the Gate leading to the property
late Joseph Denmond and curving along land late of James
Paul a westerly direction to the fence at or near where the river
enters my land thence along said fence in a southwardly direction to
the Pennypack Creek thence along said Creek to the road leading to
the Tilt Mill formerly Woods now Slaters thence along said road
in the several courses according to the meter & bounds mentioned &
described in Dr Samuel Jones deed to me, to Robert Thomas said
Road by the Pennypack Meeting House thence up said road to
the place of begining containing one hundred acres more or less
together with the Stock & farming utensils on said farm at the
present time. In trust to permit my son Theophilus Harris to
use and occupy said farm, seeing that my said son keep the same in
good repair, that he commit no waste and that he pay all taxes on
the same or in their discretion to rent the said farm with the ap-
-purtenances, And to pay and apply the net rents issues and profits
thereof to the maintainance support & benefit to my said son from
time to time for & during the term of the natural life of my said
son in such way and manner and that the same or any part
[corresponds to labeled page 237 of Will Records Vol. 2 - 1835-1850]
237
Copy of the Will of Theophilus Harris decd
___________
Pleas held at the Court House in Delaware on the 12th day of
June AD 1843. before the Honorable Joseph R Swan President
and Ahab Jinks, Marshall L Griffin & William G Norris
his associates Judges of the Court of Common Pleas in & for the
County of Delaware in the State of Ohio
On motion of Mr. Finch in behalf of the Executors It is ordered
that the authenticated copy of the last will & testament of Theophilus
Harris decd proved according to the laws of the State of Pennsylvania
and have relation to property in this State be admitted to record
among the record of wills for this County~
Be it remembered that I Theophilus Harris of the City of Philadelphia
bring through the divine blessing of sound and with disposing mind
memory & understanding do make and ordain this my last will &
Testament in manner following that is to say. Item I will and
direct that all my just be paid: Item I give devise & bequeath unto
Samuel J Henderson of the City of Philadelphia, and John Walls
of Lower Dublin Township Philadelphia County and the survivor
of them and the executor of such survivor all that farm with the
building thereon erected situate in Lower Dublin Township aforesaid
bounded as follows. Beginning at a corner in the middle of
Herbert Thomas Mill Road near to the Gate leading to the property
late Joseph Denmond and curving along land late of James
Paul a westerly direction to the fence at or near where the river
enters my land thence along said fence in a southwardly direction to
the Pennypack Creek thence along said Creek to the road leading to
the Tilt Mill formerly Woods now Slaters thence along said road
in the several courses according to the meter & bounds mentioned &
described in Dr Samuel Jones deed to me, to Robert Thomas said
Road by the Pennypack Meeting House thence up said road to
the place of begining containing one hundred acres more or less
together with the Stock & farming utensils on said farm at the
present time. In trust to permit my son Theophilus Harris to
use and occupy said farm, seeing that my said son keep the same in
good repair, that he commit no waste and that he pay all taxes on
the same or in their discretion to rent the said farm with the ap-
-purtenances, And to pay and apply the net rents issues and profits
thereof to the maintainance support & benefit to my said son from
time to time for & during the term of the natural life of my said
son in such way and manner and that the same or any part
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 283)
Description
[page 283]
[corresponds to labeled page 238 of Will Records Vol. 2 - 1835-1850]
238
thereof shall not become subject or liable to the payment of any
of his debts present or future, and so thus no creditor of my said son
shall ever be able to take seize or enjoy the same or any part thereof
and I direct that my said son shall not be permitted to commit
any waste or sell or dispose of any wood or timber on said premises
except with the consent of the said Samuel J Henderson and John
watts or their survivor~ And from and immediately after the
decease of my said son, there as for and concerning the said farm
so devised in trust aforesaid their interest to and for the only
purpose use and behalf of all and any the children of my said
son Theophilus born or to be born then shall or living at his death
and the issue of such as may be then dead their Heirs Executors.
Administrator and assigns forever in fee simple part and share
alike as tenants in common, so always however that such surviving
children of my said son shall take per capita and such issue shall
take together in equal parts the share that his heir or their parents
would have taken if then living. Item I give devise and bequeath
unto Samuel J Henderson all my Law Books, Public Papers and
Documents. Item all the rest residue & remainder of my estate
real personal & mixed, I give devise & bequeath unto my beloved
wife Sarah Harris for and during the term of her natural life
and I hereby authorise and empower my executrix herein after
mentioned to sell and dispose of any of the real estate or to rent
the same and make such improvements as she shall think necessary
or proper for the benefit of said property and to exercise such power
ownership & control over the said estate devised & bequeathed to her
as aforesaid, as I could do if living: It being my desire that she
shall have use and enjoy the same without any les hindrance
interferance or molestation on account of the same from any
person whatever, And in case of sale I hereby authorise empower &
direct my said executrix to make good & sufficient deals for the same
Item after the death of my beloved wife Sarah Harris I give devise
and bequeath unto Samuel J Henderson & John Watts the survivor
of them and the executor of such survivor all my estate that shall
there remain undisposed of in trust to pay and apply the whole of
the net rents issues and profits & income thereof in equal parts to my
daughters Sarah A Griffith, Mary Buisser, Martha Wilton &
Ann Wilstack from time to time for and during their natural
lives to and for the sole & separate use and benefit of my said
daughters respectively and in such way & manner as that the same
or any part thereof that shall not be in the power or disposal of
[corresponds to labeled page 238 of Will Records Vol. 2 - 1835-1850]
238
thereof shall not become subject or liable to the payment of any
of his debts present or future, and so thus no creditor of my said son
shall ever be able to take seize or enjoy the same or any part thereof
and I direct that my said son shall not be permitted to commit
any waste or sell or dispose of any wood or timber on said premises
except with the consent of the said Samuel J Henderson and John
watts or their survivor~ And from and immediately after the
decease of my said son, there as for and concerning the said farm
so devised in trust aforesaid their interest to and for the only
purpose use and behalf of all and any the children of my said
son Theophilus born or to be born then shall or living at his death
and the issue of such as may be then dead their Heirs Executors.
Administrator and assigns forever in fee simple part and share
alike as tenants in common, so always however that such surviving
children of my said son shall take per capita and such issue shall
take together in equal parts the share that his heir or their parents
would have taken if then living. Item I give devise and bequeath
unto Samuel J Henderson all my Law Books, Public Papers and
Documents. Item all the rest residue & remainder of my estate
real personal & mixed, I give devise & bequeath unto my beloved
wife Sarah Harris for and during the term of her natural life
and I hereby authorise and empower my executrix herein after
mentioned to sell and dispose of any of the real estate or to rent
the same and make such improvements as she shall think necessary
or proper for the benefit of said property and to exercise such power
ownership & control over the said estate devised & bequeathed to her
as aforesaid, as I could do if living: It being my desire that she
shall have use and enjoy the same without any les hindrance
interferance or molestation on account of the same from any
person whatever, And in case of sale I hereby authorise empower &
direct my said executrix to make good & sufficient deals for the same
Item after the death of my beloved wife Sarah Harris I give devise
and bequeath unto Samuel J Henderson & John Watts the survivor
of them and the executor of such survivor all my estate that shall
there remain undisposed of in trust to pay and apply the whole of
the net rents issues and profits & income thereof in equal parts to my
daughters Sarah A Griffith, Mary Buisser, Martha Wilton &
Ann Wilstack from time to time for and during their natural
lives to and for the sole & separate use and benefit of my said
daughters respectively and in such way & manner as that the same
or any part thereof that shall not be in the power or disposal of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 284)
Description
[page 284]
[corresponds to labeled page 239 of Will Records Vol. 2 - 1835-1850]
239
the husband /or either of them/ of my said daughters respectively
nor subject or liable to the payment of any of their debts contracts
or engagements and that no creditor of the husband or husbands
of either or any of any said daughter shall ever be able to take seize
or enjoy the same or any part thereof and the receipts of my said
daughters respectively shall not withstanding any coverture be good
and valid discharges to my said Trustees for paying the same
And from & immediately after the decease of my said daughters then
in trust to and for the only proper use benefit & behoof of all and
every the children of my said daughters born or to be born that shall
be living at their deaths and the issue of such as may be then dead
their heirs executors, administrators and assigns forever in fee simple
part & share alike as tenants in common so always however that
such surviving children of my said daughters shall take per capita
and such issue shall take together in equal part the share that
his her or their parent would have taken if then living~ Item
It is my desire and I direct that no inventory or appraisement be
taken or filed of the property herein before bequeathed: Item I desire
that all my estates at a distance be brought to a close as soon as
practible. Item I hereby constitute and appoint my beloved wife
Sarah Harris Sole Executrix of this my last will & testament hereby
revoking all former wills by me made. Item I hereby give to
my said executrix and trustees all needful and necessary power
to be exercised according to their best judgements in the management
of the trust herein before created. Lastly In case any attempt
shall be made by any Legatee or any other persons interested in
this will directly or indirectly to defeat or invade the provisions of
the same then I hereby direct & order that all such persons or person
shall be cut off and deprived of any Legacy benefit or advantage of
any of the provisions of this my will and such Legacy or portion
of portion of the party or parties so attempting to defeat this my
will shall be vested in my executrix hereinbefor named and her
legal representatives to be disposed of for the benefit of the rest of
my heirs as herein before directed. In witness whereof I the said
Theophilus Harris have set my hand and seal this first day of
November in the year of our Lord one thousand eight hundred
and forty one (1841)
Theophilus Harris {seal}
Signed Sealed published and
declared by the said Theophilus Harris, Testator as and for his last
Will & Testament in the presence of us, who in his presence and at
[corresponds to labeled page 239 of Will Records Vol. 2 - 1835-1850]
239
the husband /or either of them/ of my said daughters respectively
nor subject or liable to the payment of any of their debts contracts
or engagements and that no creditor of the husband or husbands
of either or any of any said daughter shall ever be able to take seize
or enjoy the same or any part thereof and the receipts of my said
daughters respectively shall not withstanding any coverture be good
and valid discharges to my said Trustees for paying the same
And from & immediately after the decease of my said daughters then
in trust to and for the only proper use benefit & behoof of all and
every the children of my said daughters born or to be born that shall
be living at their deaths and the issue of such as may be then dead
their heirs executors, administrators and assigns forever in fee simple
part & share alike as tenants in common so always however that
such surviving children of my said daughters shall take per capita
and such issue shall take together in equal part the share that
his her or their parent would have taken if then living~ Item
It is my desire and I direct that no inventory or appraisement be
taken or filed of the property herein before bequeathed: Item I desire
that all my estates at a distance be brought to a close as soon as
practible. Item I hereby constitute and appoint my beloved wife
Sarah Harris Sole Executrix of this my last will & testament hereby
revoking all former wills by me made. Item I hereby give to
my said executrix and trustees all needful and necessary power
to be exercised according to their best judgements in the management
of the trust herein before created. Lastly In case any attempt
shall be made by any Legatee or any other persons interested in
this will directly or indirectly to defeat or invade the provisions of
the same then I hereby direct & order that all such persons or person
shall be cut off and deprived of any Legacy benefit or advantage of
any of the provisions of this my will and such Legacy or portion
of portion of the party or parties so attempting to defeat this my
will shall be vested in my executrix hereinbefor named and her
legal representatives to be disposed of for the benefit of the rest of
my heirs as herein before directed. In witness whereof I the said
Theophilus Harris have set my hand and seal this first day of
November in the year of our Lord one thousand eight hundred
and forty one (1841)
Theophilus Harris {seal}
Signed Sealed published and
declared by the said Theophilus Harris, Testator as and for his last
Will & Testament in the presence of us, who in his presence and at
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 285)
Description
[page 285]
[corresponds to labeled page 240 of Will Records Vol. 2 - 1835-1850]
240
his request and in the presence of each other, have hereunto subscribed
our names as Witnesses Thomas Owens, John C Hutton~
City & County of Philadelphia Pa Registers Office December 4th 1841
Then personally appeared Thomas Owen & John C Hutton the subscribing
witnesses to the foregoing will & on their oath & affirmation did say they
were present and did see & hear Theophilus Harris deceased the Testator
therein named, sign seal published & declare the same as and for
his last will & testament & that at the doing thereof he was of sound
mind memory & understanding to the best of their knowledge & belief
Thomas Owen John C Hutton
Sworn affirmed & subscribed before me the date above~
I. B. Sewell Depy Regr
December 4th 1841 I affirm that as the Executrix of the foregoing Last
Will & Testament of Revd Theophilus Harris deceased I will will &
truly administer the goods & chattels, Rights & Credits of said deceased
agreeable to law & that I will comply with the provisions of the law re-
-lating to collatteral inheritance.
Sarah Harris~
Affirmed & subscribed before me the date above and Letters testamentary
granted unto her I B Sewell Dept Register
I hereby certify the foregoing writing to be a true copy of the original
Last Will & Testament of Theophilus Harris decd together with
the probate thereof as filed & recorded in the Registers Office for the City
and County of Philadelphia . Given under my hand & seal
of Office this 24th day of November AD 1842.
William Piersol Register~
Pennsylvania Phildelphia County SS
I, Edward King Esq. President of the First Judicial Circuit of Penn-
-sylvania, and presiding Judge of the Court of Common Pleas, Orphans
Court, & Court of General Quarter Sessions of the Peace for the County of
Philadelphia do certify that William Piersol by whom the annexed
record certificate & attestation were made & given & who in his own
proper hand writing hast hereunto subscribed his name & affixed his
official seal was at the time of so doing & now is Register of the Probate
of Wills & Granting Letters of Administration in & for the City & County
of Philadelphia in the Commonwealth of Pennsylvania duly
commissioned & qualified to all whose acts as such full faith & credit
are & ought to be given as well in Courts of Judicature as thereout
and that the said Record, Certificate & Attestation are in due form
[corresponds to labeled page 240 of Will Records Vol. 2 - 1835-1850]
240
his request and in the presence of each other, have hereunto subscribed
our names as Witnesses Thomas Owens, John C Hutton~
City & County of Philadelphia Pa Registers Office December 4th 1841
Then personally appeared Thomas Owen & John C Hutton the subscribing
witnesses to the foregoing will & on their oath & affirmation did say they
were present and did see & hear Theophilus Harris deceased the Testator
therein named, sign seal published & declare the same as and for
his last will & testament & that at the doing thereof he was of sound
mind memory & understanding to the best of their knowledge & belief
Thomas Owen John C Hutton
Sworn affirmed & subscribed before me the date above~
I. B. Sewell Depy Regr
December 4th 1841 I affirm that as the Executrix of the foregoing Last
Will & Testament of Revd Theophilus Harris deceased I will will &
truly administer the goods & chattels, Rights & Credits of said deceased
agreeable to law & that I will comply with the provisions of the law re-
-lating to collatteral inheritance.
Sarah Harris~
Affirmed & subscribed before me the date above and Letters testamentary
granted unto her I B Sewell Dept Register
I hereby certify the foregoing writing to be a true copy of the original
Last Will & Testament of Theophilus Harris decd together with
the probate thereof as filed & recorded in the Registers Office for the City
and County of Philadelphia . Given under my hand & seal
of Office this 24th day of November AD 1842.
William Piersol Register~
Pennsylvania Phildelphia County SS
I, Edward King Esq. President of the First Judicial Circuit of Penn-
-sylvania, and presiding Judge of the Court of Common Pleas, Orphans
Court, & Court of General Quarter Sessions of the Peace for the County of
Philadelphia do certify that William Piersol by whom the annexed
record certificate & attestation were made & given & who in his own
proper hand writing hast hereunto subscribed his name & affixed his
official seal was at the time of so doing & now is Register of the Probate
of Wills & Granting Letters of Administration in & for the City & County
of Philadelphia in the Commonwealth of Pennsylvania duly
commissioned & qualified to all whose acts as such full faith & credit
are & ought to be given as well in Courts of Judicature as thereout
and that the said Record, Certificate & Attestation are in due form
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 286)
Description
[page 286]
[corresponds to labeled page 241 of Will Records Vol. 2 - 1835-1850]
241
and made by the proper offices. In testimony whereof I have
hereunto set my hand the Twenty fourth day of November Eighteen
hundred & forty two. Edward King Prest Judge &c~
Philadelphia County SS. I Samuel Hart Esquire
Prothonotary of the Court of Common Pleas for the County of
Philadelphia do certify that the Honourable Edward King Esquire
by whom the foregoing Attestation is made, whose name is thereto
subscribed was at the time of making thereof & still is President of the
First Judicial District of Pennsylvania & Presiding Judge of the
Court of Common Pleas, Orphans Court & Court of General Quarters
Sessions of the Peace for the County of Philadelphia duly commissioned
and sworn to all whose acts as such full faith & credit are sought
to be given us will in Courts of Judicature as elsewhere
In testimony whereof I have hereunto set my hand
{seal} and affixed the seal of the said Court the Twenty fourth
day of November Eighteen hundred and forty two
S. Hart Prothonotary
Recorded the foregoing authenticated copy of will etc July 3d 1843
Attest W D Heim Clerk~
Will of Jacob Miller Dec'd
Pleas at a special Court held at the Court House in Del=
=aware on the 12th day of August AD 1843 before the Honorable Ahab
Jinks, Marshall L Griffin & William G. Norris Associate Judges
of the Court of Common Pleas in & for the County of Delaware and
State of Ohio.
This day the last will & testament of Jacob Miller dec'd was produced
in open Court & proved by the testimony of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded. And therefore
on motion of Daniel Rider one of the executors in said will named
(the other Executor refusing to act) It is ordered that letter testamentary
be granted unto the said Daniel Rider upon his entering into bonds in
the sum of $300.00 cents with Robert Ferguson & George W Stark as security
and it is further ordered that Daniel Prince, James Jones & Peter
Collins appraise the personal property of said estate.
I Jacob Miller of the Township of Kingston in the County
of Delaware & State of Ohio being weak in body but of sound mind &
memory blessed be God for the same considering the uncertainly of
[corresponds to labeled page 241 of Will Records Vol. 2 - 1835-1850]
241
and made by the proper offices. In testimony whereof I have
hereunto set my hand the Twenty fourth day of November Eighteen
hundred & forty two. Edward King Prest Judge &c~
Philadelphia County SS. I Samuel Hart Esquire
Prothonotary of the Court of Common Pleas for the County of
Philadelphia do certify that the Honourable Edward King Esquire
by whom the foregoing Attestation is made, whose name is thereto
subscribed was at the time of making thereof & still is President of the
First Judicial District of Pennsylvania & Presiding Judge of the
Court of Common Pleas, Orphans Court & Court of General Quarters
Sessions of the Peace for the County of Philadelphia duly commissioned
and sworn to all whose acts as such full faith & credit are sought
to be given us will in Courts of Judicature as elsewhere
In testimony whereof I have hereunto set my hand
{seal} and affixed the seal of the said Court the Twenty fourth
day of November Eighteen hundred and forty two
S. Hart Prothonotary
Recorded the foregoing authenticated copy of will etc July 3d 1843
Attest W D Heim Clerk~
Will of Jacob Miller Dec'd
Pleas at a special Court held at the Court House in Del=
=aware on the 12th day of August AD 1843 before the Honorable Ahab
Jinks, Marshall L Griffin & William G. Norris Associate Judges
of the Court of Common Pleas in & for the County of Delaware and
State of Ohio.
This day the last will & testament of Jacob Miller dec'd was produced
in open Court & proved by the testimony of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded. And therefore
on motion of Daniel Rider one of the executors in said will named
(the other Executor refusing to act) It is ordered that letter testamentary
be granted unto the said Daniel Rider upon his entering into bonds in
the sum of $300.00 cents with Robert Ferguson & George W Stark as security
and it is further ordered that Daniel Prince, James Jones & Peter
Collins appraise the personal property of said estate.
I Jacob Miller of the Township of Kingston in the County
of Delaware & State of Ohio being weak in body but of sound mind &
memory blessed be God for the same considering the uncertainly of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 287)
Description
[page 287]
[corresponds to labeled page 242 of Will Records Vol. 2 1835-1850]
242
transitory life do make & ordain this my last will & testament in the
manner & form following (to wit) 1st I give & bequeath my soul to
God who gave it & my body to the dust of the Earth to be buried in a
decent manner. 2nd It is my will that my funeral expenses & all my
just debts be paid out of my personal property or other debts that be due
my estate. 3rd I give devise and bequeath all my personal property after
my debts is paid to my beloved wife Elizabeth & also the sole control of
the farm ^on which I now live consisting of one hundred acres for the purpose of
enabling her to raise & educate my four infant children (to wit) Elizabeth
John Sally & Solomon until the youngest shall arrive at the age of
twenty one years provided my said wife shall so long remain my widow
but in case she does marry it is my will after giving her dower that my
executor hereinafter appointed shall assume & take the control of my said
farm & rent the same to the best advantage & apply the proceeds or proffits
thereof to the equal benefit of my above named four children or the survivors
of them, 4th I give devise & bequeath to my son Jasper Miller by a
former marriage the sum of Four dollars in addition to what I have
given him to be paid on the final distribution of my property among my
minor heirs above named. 5th I give and bequeath to my two sons
(to wit) John & Solomon the farm on which I now live to be equally
divided between them when the youngest shall arrive at the age of twenty
one years reserving the right of Dower to my said Wife Elizabeth if she
shall then be living & further on condition that they shall pay the sum of
Four dollars to my son Jasper as herein above named, and also the sum of
one hundred & fifty dollars to each of my daughters (to wit) Elizabeth &
Sally herein before named within the space of two years from the time the
youngest becomes of age of twenty one years at which age my said sons
John & Solomon shall have possession of my said farm as aforesaid
6th I give & bequeath to my two daughters (to wit) Elizabeth & Sally the
sum of one hundred & fifty dollars each to be paid in the manner & form
herein above stated 7th And lastly I nominate ordain & appoint my brother=
=in-law John Toomy & my esteemed friend & neighbor Daniel Rider
sole executors to this my last will & testament hereby revoking & annulling
all former wills by me made & ratifying & confirming this & no other to be
my last will & testament
Jacob Miller
Signed published ordained by the above named Jacob Miller as &
for his last will & testament in presents of us who at his request have
signed as witnesses to the same
May 29th 1843. Robert Ferguson
Chauncy Rogers
[corresponds to labeled page 242 of Will Records Vol. 2 1835-1850]
242
transitory life do make & ordain this my last will & testament in the
manner & form following (to wit) 1st I give & bequeath my soul to
God who gave it & my body to the dust of the Earth to be buried in a
decent manner. 2nd It is my will that my funeral expenses & all my
just debts be paid out of my personal property or other debts that be due
my estate. 3rd I give devise and bequeath all my personal property after
my debts is paid to my beloved wife Elizabeth & also the sole control of
the farm ^on which I now live consisting of one hundred acres for the purpose of
enabling her to raise & educate my four infant children (to wit) Elizabeth
John Sally & Solomon until the youngest shall arrive at the age of
twenty one years provided my said wife shall so long remain my widow
but in case she does marry it is my will after giving her dower that my
executor hereinafter appointed shall assume & take the control of my said
farm & rent the same to the best advantage & apply the proceeds or proffits
thereof to the equal benefit of my above named four children or the survivors
of them, 4th I give devise & bequeath to my son Jasper Miller by a
former marriage the sum of Four dollars in addition to what I have
given him to be paid on the final distribution of my property among my
minor heirs above named. 5th I give and bequeath to my two sons
(to wit) John & Solomon the farm on which I now live to be equally
divided between them when the youngest shall arrive at the age of twenty
one years reserving the right of Dower to my said Wife Elizabeth if she
shall then be living & further on condition that they shall pay the sum of
Four dollars to my son Jasper as herein above named, and also the sum of
one hundred & fifty dollars to each of my daughters (to wit) Elizabeth &
Sally herein before named within the space of two years from the time the
youngest becomes of age of twenty one years at which age my said sons
John & Solomon shall have possession of my said farm as aforesaid
6th I give & bequeath to my two daughters (to wit) Elizabeth & Sally the
sum of one hundred & fifty dollars each to be paid in the manner & form
herein above stated 7th And lastly I nominate ordain & appoint my brother=
=in-law John Toomy & my esteemed friend & neighbor Daniel Rider
sole executors to this my last will & testament hereby revoking & annulling
all former wills by me made & ratifying & confirming this & no other to be
my last will & testament
Jacob Miller
Signed published ordained by the above named Jacob Miller as &
for his last will & testament in presents of us who at his request have
signed as witnesses to the same
May 29th 1843. Robert Ferguson
Chauncy Rogers
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 288)
Description
[page 288]
[corresponds to labeled page 243 of Will Records Vol. 2 1835-1850]
243
The State of Ohio Delaware County SS
Special Court of Common Pleas August 12th AD 1843
Personally appeared in open Court Robert Ferguson & Chauncy
Rogers who being duly sworn depose & say that the paper before them
purporting to be the last will & testament of Jacob Miller now deceased
was by the said Jacob Miller acknowledged published & declared to be
his last Will & Testament in the presence of these deponents that the said
deceased was of lawful age & that he was of sound disposing mind and
memory & under no restraint as they verily believe that they subscribed
the same as Witnesses in the presence & at the request of the Testator
and in the presence of each other.
Robert Ferguson
Chauncy Rogers
Sworn to & subscribed in open Court this 12th day of August AD 1843
WD Heim Clerk ~
Recorded the foregoing will &c August 15th AD 1843.
Attest WD Heim Clerk~
_____________________________________________________________________________
Will of Thomas Lewis deceased~
__________________________________
Pleas held at the Court House in Delaware on the 6th day of October
AD 1843 before the Honorable Joseph R Swan President & Ahab Jinks
Marshall L Griffin & William G Norris Esqr his Associates Judges
of the Court of Common Pleas in & for the County of Delaware and
in the State of Ohio~
This day the last will & testament of Thomas Lewis decd was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Silas Ogden & Marcus Curtis the
executors in said will named It is ordered that letters testamentary
be granted them upon their entering into bonds in the sum of $200.00?
with John Shannon & Benjamin Carpenter as security. And it is
further ordered that Gilbert Vandom, Alvin P Condit and
Andrew Heron appraise the personal property of said estate~
I Thomas Lewis of Trenton Township Delaware County &
State of Ohio do make & ordain this last will & testament in
manner & form following (viz) First I ordain that all my just
debts & funeral expenses be paid. I further ordain that a monument
of the same kind of stone & figure & size similar to those placed at
[corresponds to labeled page 243 of Will Records Vol. 2 1835-1850]
243
The State of Ohio Delaware County SS
Special Court of Common Pleas August 12th AD 1843
Personally appeared in open Court Robert Ferguson & Chauncy
Rogers who being duly sworn depose & say that the paper before them
purporting to be the last will & testament of Jacob Miller now deceased
was by the said Jacob Miller acknowledged published & declared to be
his last Will & Testament in the presence of these deponents that the said
deceased was of lawful age & that he was of sound disposing mind and
memory & under no restraint as they verily believe that they subscribed
the same as Witnesses in the presence & at the request of the Testator
and in the presence of each other.
Robert Ferguson
Chauncy Rogers
Sworn to & subscribed in open Court this 12th day of August AD 1843
WD Heim Clerk ~
Recorded the foregoing will &c August 15th AD 1843.
Attest WD Heim Clerk~
_____________________________________________________________________________
Will of Thomas Lewis deceased~
__________________________________
Pleas held at the Court House in Delaware on the 6th day of October
AD 1843 before the Honorable Joseph R Swan President & Ahab Jinks
Marshall L Griffin & William G Norris Esqr his Associates Judges
of the Court of Common Pleas in & for the County of Delaware and
in the State of Ohio~
This day the last will & testament of Thomas Lewis decd was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Silas Ogden & Marcus Curtis the
executors in said will named It is ordered that letters testamentary
be granted them upon their entering into bonds in the sum of $200.00?
with John Shannon & Benjamin Carpenter as security. And it is
further ordered that Gilbert Vandom, Alvin P Condit and
Andrew Heron appraise the personal property of said estate~
I Thomas Lewis of Trenton Township Delaware County &
State of Ohio do make & ordain this last will & testament in
manner & form following (viz) First I ordain that all my just
debts & funeral expenses be paid. I further ordain that a monument
of the same kind of stone & figure & size similar to those placed at
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 289)
Description
[page 289]
[corresponds to labeled page 244 of Will Records Vol. 2 1835-1850]
244
the graves of my friends be placed at my grave & the expenses
of said monument paid. I further ordain that all the remainder
of my property be appropriated to the promotion of the glory of that
God who gave me being, gave me property & gave his Son to redeem
us as following viz that one fourth be given to the Americas Board of
Commissioners for Foreign Missions, that one fourth be given to
the American Education Society for the education of poor & pious
young men for the Gospel Ministry, that one fourth be given
to the American Bible Society. And the remaining fourth be equally
divided between the American Tract Society & the American House
Missionary Society. And further I nominate constitute & appoint
Silas Ogden & Marcus Curtis Executors of this my last will and
testament Thomas Lewis~
Signed & acknowledged in presence of us this thirtieth day of August
AD 1843. Silas Ogden John Shannon, Ira Pierson.
State of Ohio Delaware County SS Court of Common Pleas
October Term AD 1843. Silas Ogden, John Shannon and
Ira Pierson. In open Court being duly sworn upon their oaths
say that the paper now here produced in open Court purporting to be
the last will & testament of Thomas Lewis of said County & State of
Ohio bearing date the 30th day of August AD 1843 was signed and
executed by the said Thomas Lewis on the day it bears date, at his
residence in said County, and that he then & there in our presence, seeing
and hearing published the same as his last will & testament, and
that these Witnesses then & there at his request & in his presence and
in the presence of each other signed their names to the ^same severally as
witnesses thereto That the ~~ Thomas Lewis was then about the age.
of twenty eight years of sound mind & memory and acting under
no restraint And further say not.
Silas Ogden, Ira Pierson, John Shannon.
Subscribed & sworn to in open Court October Term 1843
WD Heim Clerk~
Recorded the foregoing will on October 18th 1843.
Attest WD Heim Clerk~
[corresponds to labeled page 244 of Will Records Vol. 2 1835-1850]
244
the graves of my friends be placed at my grave & the expenses
of said monument paid. I further ordain that all the remainder
of my property be appropriated to the promotion of the glory of that
God who gave me being, gave me property & gave his Son to redeem
us as following viz that one fourth be given to the Americas Board of
Commissioners for Foreign Missions, that one fourth be given to
the American Education Society for the education of poor & pious
young men for the Gospel Ministry, that one fourth be given
to the American Bible Society. And the remaining fourth be equally
divided between the American Tract Society & the American House
Missionary Society. And further I nominate constitute & appoint
Silas Ogden & Marcus Curtis Executors of this my last will and
testament Thomas Lewis~
Signed & acknowledged in presence of us this thirtieth day of August
AD 1843. Silas Ogden John Shannon, Ira Pierson.
State of Ohio Delaware County SS Court of Common Pleas
October Term AD 1843. Silas Ogden, John Shannon and
Ira Pierson. In open Court being duly sworn upon their oaths
say that the paper now here produced in open Court purporting to be
the last will & testament of Thomas Lewis of said County & State of
Ohio bearing date the 30th day of August AD 1843 was signed and
executed by the said Thomas Lewis on the day it bears date, at his
residence in said County, and that he then & there in our presence, seeing
and hearing published the same as his last will & testament, and
that these Witnesses then & there at his request & in his presence and
in the presence of each other signed their names to the ^same severally as
witnesses thereto That the ~~ Thomas Lewis was then about the age.
of twenty eight years of sound mind & memory and acting under
no restraint And further say not.
Silas Ogden, Ira Pierson, John Shannon.
Subscribed & sworn to in open Court October Term 1843
WD Heim Clerk~
Recorded the foregoing will on October 18th 1843.
Attest WD Heim Clerk~
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 290)
Description
[page 290]
[corresponds to labeled page 245 of Will Records Vol. 2 1835-1850]
245
Will of Thomas Butler decd
__________________________
Pleas held at the court House in Delaware on the 6th day of
October AD 1843 before the Honorable Joseph R Swan President
and Ahab Jinks, Marshall L Griffin & William G Norris Esq. his
Associates Judges of the Court of Common Pleas in & for said County
of Delaware in the State of Ohio~
This day the last Will & testament of Thomas Butler deceased
was produced in open Court & proved by the testamony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Experience Butler & James M Butler
the Executors in said will named~ It is ordered that letters testamen-
-tary be granted them upon their entering into bonds in the sum of
$1600.00? with Henry Vandeman & Sidney Moon as security
And it is further ordered that Emery Moon, Benjamin Powers
and Hosea Williams appraise the personal property of said estate~
Know all now that I Thomas Butler of the County of
Delaware & State of Ohio being of sound disposing mind & memory
do make & publish this my last will & testament, revoking all former
wills by me made. 1st I will that all my just and lawful
debts should be paid. 2 I will that my beloved wife Experience
shall receive a competent worldly support during her lifetime
from the proceeds of my property. 3d As J D Butler my son is
now well provided for & as he wishes no part of my estate & has so ex-
-pressed himself to me I therefore in my will appropriate no part of
my property for his benefit 4th I will that James M. ET & HC
my sons & Mary M my daughter shall receive each an equal pro-
-portion of my estate, understanding in the mean time that whatever
either may already have received shall be by them accounted for as a
part of their inheritance 5th I appoint my wife Experience and my
son James M. my Executors & Administrators, Signed and
sealed as my last will & testament this 10th day of July 1843
In presence of T. Butler {seal}
H VanDeman
Charles H Picket
The State of Ohio Delaware County SS Court of Common
Pleas Octr Term 1843. Personally appeared in open Court
Henry VanDeman & Charles H Picket who being duly sworn
depose & say that the paper before them purporting to be the last Will &
[corresponds to labeled page 245 of Will Records Vol. 2 1835-1850]
245
Will of Thomas Butler decd
__________________________
Pleas held at the court House in Delaware on the 6th day of
October AD 1843 before the Honorable Joseph R Swan President
and Ahab Jinks, Marshall L Griffin & William G Norris Esq. his
Associates Judges of the Court of Common Pleas in & for said County
of Delaware in the State of Ohio~
This day the last Will & testament of Thomas Butler deceased
was produced in open Court & proved by the testamony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Experience Butler & James M Butler
the Executors in said will named~ It is ordered that letters testamen-
-tary be granted them upon their entering into bonds in the sum of
$1600.00? with Henry Vandeman & Sidney Moon as security
And it is further ordered that Emery Moon, Benjamin Powers
and Hosea Williams appraise the personal property of said estate~
Know all now that I Thomas Butler of the County of
Delaware & State of Ohio being of sound disposing mind & memory
do make & publish this my last will & testament, revoking all former
wills by me made. 1st I will that all my just and lawful
debts should be paid. 2 I will that my beloved wife Experience
shall receive a competent worldly support during her lifetime
from the proceeds of my property. 3d As J D Butler my son is
now well provided for & as he wishes no part of my estate & has so ex-
-pressed himself to me I therefore in my will appropriate no part of
my property for his benefit 4th I will that James M. ET & HC
my sons & Mary M my daughter shall receive each an equal pro-
-portion of my estate, understanding in the mean time that whatever
either may already have received shall be by them accounted for as a
part of their inheritance 5th I appoint my wife Experience and my
son James M. my Executors & Administrators, Signed and
sealed as my last will & testament this 10th day of July 1843
In presence of T. Butler {seal}
H VanDeman
Charles H Picket
The State of Ohio Delaware County SS Court of Common
Pleas Octr Term 1843. Personally appeared in open Court
Henry VanDeman & Charles H Picket who being duly sworn
depose & say that the paper before them purporting to be the last Will &
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 291)
Description
[page 291]
[corresponds to labeled page 246 of Will Records Vol. 2 1835-1850]
246
Testament of Thomas Butler now deceased was by the said
Thomas Butler acknowledged published & declared to be his last
will & testament, in the presence of these deponents, that the said
deceased was of lawful age that he was of sound & disposing mind
and memory & under no restraint as they verily believe, that they
subscribed the same as witnesses in the presence & and at the request of
the Testator. Charles H Picket
Henry Van Deman
Sworn to & subscribed in open Court this sixth day of October AD 1843
WD Heim Clerk~
Recorded the foreging Will on Oc t 18th 1843
Attest WD Heim Clerk~
______________________________________________________________________________
Will of Lorenzo Case decd
_________________________
Pleas held at the Court House in Delaware on the 11th day of October
AD 1843 before the Honorable Joseph R Swan President and Ahab
Jinks Marshall L Griffin & William G Norris Esqrs his Associates Judges
of the Court of Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of Lorenzo Case decd was produced
in open Court & proved by the testimony of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded. And thereupon
on motion of Milton S Case the Executor in said will named
It is ordered that letters testamentary be granted him upon his
entering into bonds in the sum of $400.00 cents with Orsamus Gillet &
Herald Gillet as security. And it is further ordered that William
Glaze, Aurora J Olmsted & John Wallace appraise the personal
property of said estate. And thereupon Ann J Case widow
of said Lorenzo Case decd made known to the Court her election
to take under the will of said deceased.
I Lorenzo Case of the County of Delaware in the State of Ohio
do make & publish this my last will & testament in manner & form
following that is to say first it is my will that any funeral
expences & my just debts be fully paid, and I do will that twelve
dollars be paid for grave stones to be placed at my grave, and six
dollars for grave stones for my deceased son James Farris Case, also
eight dollars for pailing in said graves. Second I give devise and
[corresponds to labeled page 246 of Will Records Vol. 2 1835-1850]
246
Testament of Thomas Butler now deceased was by the said
Thomas Butler acknowledged published & declared to be his last
will & testament, in the presence of these deponents, that the said
deceased was of lawful age that he was of sound & disposing mind
and memory & under no restraint as they verily believe, that they
subscribed the same as witnesses in the presence & and at the request of
the Testator. Charles H Picket
Henry Van Deman
Sworn to & subscribed in open Court this sixth day of October AD 1843
WD Heim Clerk~
Recorded the foreging Will on Oc t 18th 1843
Attest WD Heim Clerk~
______________________________________________________________________________
Will of Lorenzo Case decd
_________________________
Pleas held at the Court House in Delaware on the 11th day of October
AD 1843 before the Honorable Joseph R Swan President and Ahab
Jinks Marshall L Griffin & William G Norris Esqrs his Associates Judges
of the Court of Common Pleas in & for the County of Delaware in
the State of Ohio.
This day the last will & testament of Lorenzo Case decd was produced
in open Court & proved by the testimony of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded. And thereupon
on motion of Milton S Case the Executor in said will named
It is ordered that letters testamentary be granted him upon his
entering into bonds in the sum of $400.00 cents with Orsamus Gillet &
Herald Gillet as security. And it is further ordered that William
Glaze, Aurora J Olmsted & John Wallace appraise the personal
property of said estate. And thereupon Ann J Case widow
of said Lorenzo Case decd made known to the Court her election
to take under the will of said deceased.
I Lorenzo Case of the County of Delaware in the State of Ohio
do make & publish this my last will & testament in manner & form
following that is to say first it is my will that any funeral
expences & my just debts be fully paid, and I do will that twelve
dollars be paid for grave stones to be placed at my grave, and six
dollars for grave stones for my deceased son James Farris Case, also
eight dollars for pailing in said graves. Second I give devise and
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 292)
Description
[page 292]
[corresponds to labeled page 247 of Will Records Vol. 2 1835-1850]
247
bequeath to my beloved wife Ann Jane Case the farm on which we
now reside situate in Marlborough Township in said County, con-
-taining fifty acres of land to her & her heirs forever if she shall be living
at the time of my decease. Third I give & devise of my personal effects
to my wife as follows to be hers to dispose of as she pleases, to wit, one
cow four sheep, one bed & bedding, one barrow, one table, one stand
one set of Windsor chairs, one looking glass, all the cupboard and
kitchen ware that may be on hand at my decease and also all the
provisions that may be on hand at my decease. Fourth the residue
of my personal effects if there should be any after complying with
above request or bequeath I wish to be equally devided between my
three brothers to wit Milton S Case, Lucius Case, & Alonzo Harper
Case. And lastly I hereby constitute & appoint my brother Milton
S Case to be the executor of this my last will & testament authorizing
him if it shall become necessary in order to pay any debts to sell by
private sale or in such manner or upon such terms of credit or
otherwise as he may think proper all or any part of my personal
property that may be on hand at my decease (and that is not left
to my wife as above. I now hereby revoke all former wills by me
made In testimony whereof I have hereunto set my hand & seal this
first day of May in the year of our Lord one thousand eight hundred
and forty three Lorenzo Case {seal}
Signed sealed & acknowledged by said Lorenzo Case as his last will
and testament in our presence & signed by us in his presence
Nicholas Jones, Herold Gillet~
Court of Common Pleas October Term 1843.
Personally appeared in open Court Nicholas Jones & Herrold
Gillet the subscribing witnesses to the last will & testament of Lorenzo
Case also being duly sworn on their several oaths say that the will
here produced ^signed by said Lorenzo Case and dated the 1st day of May
1843 is the last will & testament of said Case as they verily
believe, that they were called upon by said Testator to sign the
same as witnesses, that they did so sign, that said testator was
at the time of sound disposing mind & memory of lawful age &
not under any restraint that the said testator signed said will
in the presence & died on or about the 7th day of August 1843
not having made any other will to the knowledge of these
deponents Nicholas Jones
Harold Gillet
Sworn to & subscribed in open Court October 11 1843
WD Heim Clerk
[corresponds to labeled page 247 of Will Records Vol. 2 1835-1850]
247
bequeath to my beloved wife Ann Jane Case the farm on which we
now reside situate in Marlborough Township in said County, con-
-taining fifty acres of land to her & her heirs forever if she shall be living
at the time of my decease. Third I give & devise of my personal effects
to my wife as follows to be hers to dispose of as she pleases, to wit, one
cow four sheep, one bed & bedding, one barrow, one table, one stand
one set of Windsor chairs, one looking glass, all the cupboard and
kitchen ware that may be on hand at my decease and also all the
provisions that may be on hand at my decease. Fourth the residue
of my personal effects if there should be any after complying with
above request or bequeath I wish to be equally devided between my
three brothers to wit Milton S Case, Lucius Case, & Alonzo Harper
Case. And lastly I hereby constitute & appoint my brother Milton
S Case to be the executor of this my last will & testament authorizing
him if it shall become necessary in order to pay any debts to sell by
private sale or in such manner or upon such terms of credit or
otherwise as he may think proper all or any part of my personal
property that may be on hand at my decease (and that is not left
to my wife as above. I now hereby revoke all former wills by me
made In testimony whereof I have hereunto set my hand & seal this
first day of May in the year of our Lord one thousand eight hundred
and forty three Lorenzo Case {seal}
Signed sealed & acknowledged by said Lorenzo Case as his last will
and testament in our presence & signed by us in his presence
Nicholas Jones, Herold Gillet~
Court of Common Pleas October Term 1843.
Personally appeared in open Court Nicholas Jones & Herrold
Gillet the subscribing witnesses to the last will & testament of Lorenzo
Case also being duly sworn on their several oaths say that the will
here produced ^signed by said Lorenzo Case and dated the 1st day of May
1843 is the last will & testament of said Case as they verily
believe, that they were called upon by said Testator to sign the
same as witnesses, that they did so sign, that said testator was
at the time of sound disposing mind & memory of lawful age &
not under any restraint that the said testator signed said will
in the presence & died on or about the 7th day of August 1843
not having made any other will to the knowledge of these
deponents Nicholas Jones
Harold Gillet
Sworn to & subscribed in open Court October 11 1843
WD Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 293)
Description
[page 293]
[corresponds to page labeled 248 of Will Records Vol. 2 1835-1850]
248
Recorded the foregoing Will &c Oct 18th 1843
Attest WD Heim Clerk~
======================================================================
Will of Samuel Adams decd
_________________________
Pleas held at the Court House in Delaware on the 12th day of October
AD 1843 before the Honorable Joseph R Swann President, Ahab
Jinks, Marshall L. Griffin & William G Norris Esqr his Associates
Judges of the Court of Common Pleas in afor the County of Delaware
in the State of Ohio
This day the last will & testament of Samuel Adams deceased
was produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Bartholemew Adams & William Rider
the executors in said will manner it is ordered that letters testementery
be granted them upon this entering into bonds in the sum of
$5000.00? with Daniel Nettleton Jr & Jasper Dickerman as
security. And it is further ordered that David Gregory, John
Nelson & Miner W. Miller appraise the personal property of said
estate.
I Samuel Adams of the Township of Berlin in Delaware County
do make & publish this my last will & testament in manner open
following that is to say - first It is my will that my funeral expenses
and all my just debts be fully paid in the manner hereinafter
mentioned. Second I give devise & bequeath to my wife Martha
Adams over & above her dower all the live stock cattle & sheep by me
now owned also all the household furniture except one maple french
bedstead, bed & bedding belonging to the same to wit by her paying
forty five dollars that I own Peter Listy & paying all my funeral
expenses. Third I give & devise to my daughters Tamar Garringer
Vasti Travis, Electa Welch & Esther Rider the following notes towit:
thru notes of hand that I own & hold against my eldest son Samuel
N Adams for five hundred dollars each secured by mortgage & also
one note of hand that I hold against my eldest Son S.N. Adams
of ninety dollars & two judgments that I hold against him on
Esqr Steinbucks docket one of $55.00? (dollars) other other of forty
five dollars and I also give to my four daughters above named
a note of hand against Thomas [page torn] for three hundred
[corresponds to page labeled 248 of Will Records Vol. 2 1835-1850]
248
Recorded the foregoing Will &c Oct 18th 1843
Attest WD Heim Clerk~
======================================================================
Will of Samuel Adams decd
_________________________
Pleas held at the Court House in Delaware on the 12th day of October
AD 1843 before the Honorable Joseph R Swann President, Ahab
Jinks, Marshall L. Griffin & William G Norris Esqr his Associates
Judges of the Court of Common Pleas in afor the County of Delaware
in the State of Ohio
This day the last will & testament of Samuel Adams deceased
was produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Bartholemew Adams & William Rider
the executors in said will manner it is ordered that letters testementery
be granted them upon this entering into bonds in the sum of
$5000.00? with Daniel Nettleton Jr & Jasper Dickerman as
security. And it is further ordered that David Gregory, John
Nelson & Miner W. Miller appraise the personal property of said
estate.
I Samuel Adams of the Township of Berlin in Delaware County
do make & publish this my last will & testament in manner open
following that is to say - first It is my will that my funeral expenses
and all my just debts be fully paid in the manner hereinafter
mentioned. Second I give devise & bequeath to my wife Martha
Adams over & above her dower all the live stock cattle & sheep by me
now owned also all the household furniture except one maple french
bedstead, bed & bedding belonging to the same to wit by her paying
forty five dollars that I own Peter Listy & paying all my funeral
expenses. Third I give & devise to my daughters Tamar Garringer
Vasti Travis, Electa Welch & Esther Rider the following notes towit:
thru notes of hand that I own & hold against my eldest son Samuel
N Adams for five hundred dollars each secured by mortgage & also
one note of hand that I hold against my eldest Son S.N. Adams
of ninety dollars & two judgments that I hold against him on
Esqr Steinbucks docket one of $55.00? (dollars) other other of forty
five dollars and I also give to my four daughters above named
a note of hand against Thomas [page torn] for three hundred
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 294)
Description
[page 294]
[corresponds to labeled page 249 of Will Records Vol. 2 1835-1850]
249
and fifty dollars, and also one note that I hold against W Walker for
fifty five dollars. N.B. the above described notes & judgments are
given to my four daughters above named on the following conditions
to wit, that they shall pay all of my just debts except forty five
dollars that I owe Peter Listy & my funeral expenses that my wife
Martha Adams is to pay, fourth I give & devise to my son Nathaniel
Adams & my daughter Sary More & my daughter Catherine Adams
an equal proportion of the farm on which I now reside situate in
Berlin Township Delaware County & State of Ohio containing
about ninety five acres it being subject to the Widows Dower to them
the said Nathaniel Adams. Sary More & Catherine Adams, their
heirs & assigns in fee simple, fifth I give & devise to my daughter
Catherine Adams our french maple bedstead bed & bedding belong-
-ing to the same, for her own use & benefit, lastly I hereby constitute
and appoint my brother Bartholomew Adams & my son in law
William Rider to be the administrators of this my last will and
testament. In witness whereof I have hereunto set my hand & seal
this fourteenth day of April AD 1843 -
Samuel Adams {seal}
Signed published & declared by the above named Samuel Adams
as & for his last will & testament in presence of us, who at his request
have signed as witnesses to the same.
Philip Dirst Harry James.
Court of Common Pleas October Term 1843.
Personally appeared in open Court Philip Dirst & Harry
James the subscribing witnesses to the last will & testament of
Samuel Adams now produced dated April 14th 1843 who being
duly sworn on their oaths say that they were called upon by the
testator to sign said will as witnesses, that they saw said testator
sign the same that he was of lawful age of sound & disposing
mind & memory at the time, and not under any restraint
and that said testator died on or about the 8th of October 1843.
Harry James
Philip Dirst
Sworn to & subscribed in open Court October 12th 1843
WD Heim Clerk
Recorded the foregoing will &c Oct 19th 1843
Attest W D Heim Clerk
[corresponds to labeled page 249 of Will Records Vol. 2 1835-1850]
249
and fifty dollars, and also one note that I hold against W Walker for
fifty five dollars. N.B. the above described notes & judgments are
given to my four daughters above named on the following conditions
to wit, that they shall pay all of my just debts except forty five
dollars that I owe Peter Listy & my funeral expenses that my wife
Martha Adams is to pay, fourth I give & devise to my son Nathaniel
Adams & my daughter Sary More & my daughter Catherine Adams
an equal proportion of the farm on which I now reside situate in
Berlin Township Delaware County & State of Ohio containing
about ninety five acres it being subject to the Widows Dower to them
the said Nathaniel Adams. Sary More & Catherine Adams, their
heirs & assigns in fee simple, fifth I give & devise to my daughter
Catherine Adams our french maple bedstead bed & bedding belong-
-ing to the same, for her own use & benefit, lastly I hereby constitute
and appoint my brother Bartholomew Adams & my son in law
William Rider to be the administrators of this my last will and
testament. In witness whereof I have hereunto set my hand & seal
this fourteenth day of April AD 1843 -
Samuel Adams {seal}
Signed published & declared by the above named Samuel Adams
as & for his last will & testament in presence of us, who at his request
have signed as witnesses to the same.
Philip Dirst Harry James.
Court of Common Pleas October Term 1843.
Personally appeared in open Court Philip Dirst & Harry
James the subscribing witnesses to the last will & testament of
Samuel Adams now produced dated April 14th 1843 who being
duly sworn on their oaths say that they were called upon by the
testator to sign said will as witnesses, that they saw said testator
sign the same that he was of lawful age of sound & disposing
mind & memory at the time, and not under any restraint
and that said testator died on or about the 8th of October 1843.
Harry James
Philip Dirst
Sworn to & subscribed in open Court October 12th 1843
WD Heim Clerk
Recorded the foregoing will &c Oct 19th 1843
Attest W D Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 295)
Description
[page 295]
[corresponds to labeled page 250 of Will Records Vol. 2 1835-1850]
250
Will of John Worline decd
=========================
Pleas held at the Court House in Delaware on the 16th day
of October AD 1843 before the Honorable Joseph R. Swan President
and Ahab Jinks, Marshall L. Griffin & William G. Norris Esqr his
Associate Judges of the Court of Common Pleas in ofor the County of
Delaware in the State of Ohio.
This day the last will & testament of John Worline deceased was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Christina Black & Henry Worline Senr
the Executors in said Will named it is ordered that letters testamentary
be granted them upon their entering into bonds in the sum of $1200.00
with Robert Brown & Jonathan Coomes as security. And it is
further ordered that William Sharp, Stanton S Winsor and Hugh
Cole appraise the personal property of said estate.
I John Worline of Marlborough Township in the County of Delaware
Ohio do declare & publish this as my last will & testament as follows to wit
lst It is my will & devise that after my death & burial that all my just
and legal debts be paid by my Executors hereinafter mentioned as the
law directs. 2nd I will & bequeath all the residue of my personal
property after paying my funeral expenses & other debts as aforesaid
to my wife Elizabeth & my two daughters Mary & Katherine who are
now residing with me to be equally divided between the three, my wife
and two daughters as aforesaid 3rd I will & devise unto James
Porter a boy who I have brought up from a child, forty acres of land
to be taken off the north end of the farm on which I now reside on
the east side of the East fork of the Whetstone River at the junction of the
fork of the said river in said Township of Marlborough, purchased
of Robert Campbell, to be set off by a line running east & west off
the said North end of the said farm on such parts thereof as may
remain unsold at the time of death upon condition that the said
James shall continue to live & reside with me so long as I shall live
obeying & assisting me as a son then & in that case the said James
shall have & hold the said forty acres to him, the heirs of his body
and their heirs forever & not otherwise. 4th I give & devise that
my wife dower be set off by my executors equal in value to one third
of the whole farm off the North end of said farm so as to include
[corresponds to labeled page 250 of Will Records Vol. 2 1835-1850]
250
Will of John Worline decd
=========================
Pleas held at the Court House in Delaware on the 16th day
of October AD 1843 before the Honorable Joseph R. Swan President
and Ahab Jinks, Marshall L. Griffin & William G. Norris Esqr his
Associate Judges of the Court of Common Pleas in ofor the County of
Delaware in the State of Ohio.
This day the last will & testament of John Worline deceased was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of Christina Black & Henry Worline Senr
the Executors in said Will named it is ordered that letters testamentary
be granted them upon their entering into bonds in the sum of $1200.00
with Robert Brown & Jonathan Coomes as security. And it is
further ordered that William Sharp, Stanton S Winsor and Hugh
Cole appraise the personal property of said estate.
I John Worline of Marlborough Township in the County of Delaware
Ohio do declare & publish this as my last will & testament as follows to wit
lst It is my will & devise that after my death & burial that all my just
and legal debts be paid by my Executors hereinafter mentioned as the
law directs. 2nd I will & bequeath all the residue of my personal
property after paying my funeral expenses & other debts as aforesaid
to my wife Elizabeth & my two daughters Mary & Katherine who are
now residing with me to be equally divided between the three, my wife
and two daughters as aforesaid 3rd I will & devise unto James
Porter a boy who I have brought up from a child, forty acres of land
to be taken off the north end of the farm on which I now reside on
the east side of the East fork of the Whetstone River at the junction of the
fork of the said river in said Township of Marlborough, purchased
of Robert Campbell, to be set off by a line running east & west off
the said North end of the said farm on such parts thereof as may
remain unsold at the time of death upon condition that the said
James shall continue to live & reside with me so long as I shall live
obeying & assisting me as a son then & in that case the said James
shall have & hold the said forty acres to him, the heirs of his body
and their heirs forever & not otherwise. 4th I give & devise that
my wife dower be set off by my executors equal in value to one third
of the whole farm off the North end of said farm so as to include
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 296)
Description
[page 296]
[corresponds to labeled page 251 of Will Records Vol. 2 1835-1850]
251
the dwelling house & other buildings, to have & to hold the same so long
as she shall remain my widow. 5th I will & devise all the residue of
my farm not included in aforesaid forty acres to James my wife's
dower to my two daughters aforesaid Mary & Catherine & to their sur=
=vivor of them to have & hold the same to them my said daughters
and the survivor of them & to the heirs of her or their body or bodies
6th I will & devise the revision of my wifes dower or such part of my
farm as shall or may be set off for her dower to the said James
Porter and to my two daughters Mary & Catherine to be equally
divided between them the said James Mary & Catherine at the death
or marriage of my said wife to hold the same to them & their heirs
forever. 7th I will & devise to each of my Brothers & Sisters to wit:
Abram, Solomon, Michael, Jacob, Adam, Katherine, Mary
and Susanna to each one dollar 8th and lastly is my will
and desire that Christain Black & Henry Cline Senr shall be
the executors of this my last will & testament, Done & published
this 19th day of August AD 1837.
John Worline -
Signed & published as the last will & testament of the said John
Worline and at his request in his presence we have hereunto
set our hands as witnesses
James Brundige
Henry Hain
The State of Ohio Delaware County Ss.
Court of Common Pleas October Tenn 1843.
Personally appeared in open Court James Brundige and
Henry Hain who being duly sworn depose & say that the paper before
befo
re them purporting to be the last will & testament of John Worline
now deceased was by the said John Worline acknowledged published
and declared to be his last will & testament in the presence of these
deponents that the said deceased was of lawful age, that he was of
sound disposing mind & memory & under no restraint as they verily
believe, that they subscribed the same as witnesses in the presence and
at the request of the Testator in the presence of each other.
James Brundige
Henry Hain
October AD 1843
Sworn to & subscribed in open Court this 16th day of October AD 1843
Recorded the foregoing will Oct 19th 1843
Attest WD Heim Clerk
[corresponds to labeled page 251 of Will Records Vol. 2 1835-1850]
251
the dwelling house & other buildings, to have & to hold the same so long
as she shall remain my widow. 5th I will & devise all the residue of
my farm not included in aforesaid forty acres to James my wife's
dower to my two daughters aforesaid Mary & Catherine & to their sur=
=vivor of them to have & hold the same to them my said daughters
and the survivor of them & to the heirs of her or their body or bodies
6th I will & devise the revision of my wifes dower or such part of my
farm as shall or may be set off for her dower to the said James
Porter and to my two daughters Mary & Catherine to be equally
divided between them the said James Mary & Catherine at the death
or marriage of my said wife to hold the same to them & their heirs
forever. 7th I will & devise to each of my Brothers & Sisters to wit:
Abram, Solomon, Michael, Jacob, Adam, Katherine, Mary
and Susanna to each one dollar 8th and lastly is my will
and desire that Christain Black & Henry Cline Senr shall be
the executors of this my last will & testament, Done & published
this 19th day of August AD 1837.
John Worline -
Signed & published as the last will & testament of the said John
Worline and at his request in his presence we have hereunto
set our hands as witnesses
James Brundige
Henry Hain
The State of Ohio Delaware County Ss.
Court of Common Pleas October Tenn 1843.
Personally appeared in open Court James Brundige and
Henry Hain who being duly sworn depose & say that the paper before
befo
re them purporting to be the last will & testament of John Worline
now deceased was by the said John Worline acknowledged published
and declared to be his last will & testament in the presence of these
deponents that the said deceased was of lawful age, that he was of
sound disposing mind & memory & under no restraint as they verily
believe, that they subscribed the same as witnesses in the presence and
at the request of the Testator in the presence of each other.
James Brundige
Henry Hain
October AD 1843
Sworn to & subscribed in open Court this 16th day of October AD 1843
Recorded the foregoing will Oct 19th 1843
Attest WD Heim Clerk
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 297)
Description
[page 297]
[corresponds to labeled page 252 of Will Records Vol. 2 1835-1850
252
Will of Charles Waters decd
________________
Pleas at a special Court held at the Court House in Delaware
on the 25th day of December AD 1843, before the Honorable Ahab Jinks
Marshall L Griffin & William G Norris Associate Judges of the Court
of Common Pleas in & for the County of Delaware and State of Ohio
This day the last will & tetstament of Charles Waters decd was
produced in open Court & proved by the testimony of two of the
subscribing witnesses thereto as reduced to writing approved & ordered to
be recorded and thereupon on motion of Guy Sacket the Executor
in said will named It is ordered that letters testamentary be granted
him upon his entering into bonds in the sum of $600.00? with
William Cummingham & Harry Janes as security And it is
further ordered that Alfred Thompson Milton H. Sackett and
Orrin Barcas appraise the personal property of said estate.
In the name of the Benevolent Father of All. I make this my last
will & testament Firstly, I resine my soul & body into the hand of
God my savior. 2nd I give & bequeath to each of my children equal &
undivided rights to all my property real & personal after paying funeral
and all other lawful claims on my estate 3rd I appoint my trusty
friend Guy Sacket my executor to settle my estate according to law
Signed & sealed this 24th day of July AD 1842.
Charles Waters {seal}
In presence of
Satchel Clark {seal}
Moses Clark {seal}
Jonathan Clark {seal}
The State of Ohio Delaware County Ss
Court of Common Pleas at a special Term 1843.
Personally appeared in open Court Moses Clark & Jonathan Clark
who being duly sworn depose & say that other papers before them purport=
ing to be the last will & testament of Charles Waters now deceased was by
the said Charles Waters acknowledged published & declared to be his last
Will & testament in the presence of these deponents, that the said deceased
was of lawful age, that he was of sound disposing mind & memory
& under no restraint as they verily believe, that they subscribed the same
as witnesses in the presence & at the request of the Testator & in the presence
of each other Moses Clark
Jonathan Clark
[corresponds to labeled page 252 of Will Records Vol. 2 1835-1850
252
Will of Charles Waters decd
________________
Pleas at a special Court held at the Court House in Delaware
on the 25th day of December AD 1843, before the Honorable Ahab Jinks
Marshall L Griffin & William G Norris Associate Judges of the Court
of Common Pleas in & for the County of Delaware and State of Ohio
This day the last will & tetstament of Charles Waters decd was
produced in open Court & proved by the testimony of two of the
subscribing witnesses thereto as reduced to writing approved & ordered to
be recorded and thereupon on motion of Guy Sacket the Executor
in said will named It is ordered that letters testamentary be granted
him upon his entering into bonds in the sum of $600.00? with
William Cummingham & Harry Janes as security And it is
further ordered that Alfred Thompson Milton H. Sackett and
Orrin Barcas appraise the personal property of said estate.
In the name of the Benevolent Father of All. I make this my last
will & testament Firstly, I resine my soul & body into the hand of
God my savior. 2nd I give & bequeath to each of my children equal &
undivided rights to all my property real & personal after paying funeral
and all other lawful claims on my estate 3rd I appoint my trusty
friend Guy Sacket my executor to settle my estate according to law
Signed & sealed this 24th day of July AD 1842.
Charles Waters {seal}
In presence of
Satchel Clark {seal}
Moses Clark {seal}
Jonathan Clark {seal}
The State of Ohio Delaware County Ss
Court of Common Pleas at a special Term 1843.
Personally appeared in open Court Moses Clark & Jonathan Clark
who being duly sworn depose & say that other papers before them purport=
ing to be the last will & testament of Charles Waters now deceased was by
the said Charles Waters acknowledged published & declared to be his last
Will & testament in the presence of these deponents, that the said deceased
was of lawful age, that he was of sound disposing mind & memory
& under no restraint as they verily believe, that they subscribed the same
as witnesses in the presence & at the request of the Testator & in the presence
of each other Moses Clark
Jonathan Clark
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 298)
Description
[page 298]
[corresponds to labeled page 253 of Will Records Vol. 2 1835-1850]
253
Sworn to & subscribed in open Court this 25th day of December AD 1843.
Ahab Jinks Associate Judge
Recorded the foregoing will & c December 26 1843.
Attest WD Heim Clerk
==============================================================================
Will of Major Evans decd
________________________
Pleas at a Special Court held at the Court House in Delaware on
the 31st day of January AD 1844 before the Honorable Ahab Jinks
Marshall L Griffin & William G Norris Esqr Associate Judges of
the Court of Common Pleas in and for the County of Delaware &
State of Ohio.
This day the last will & testament of Major Evans decd was
produced in open Court & the testimony of George Evans one of the
subscribing witnesses thereto being reduced to writing & filed & it appear=
=ing that the other subscribing witness on account of sickness is unable
to be present. On motion ordered that a commission with the Will
annexed issue to William Voorhies Esqr to take the deposition of
William Stone the other subscribing witness to said will & this matter
is continued for the return of said deposition
And afterwards to wit at another special Court held at the
Court House in Delaware on the 29th day of February AD 1844
before the said Associate Judges the following proceedings were heard
and entered in regard to said Will to wit:
This day William Voorhies the Commissioner heretofore appointed
to take the deposition of William Stone touching the last will and
testament of Major Evans decd made report of his proceedings with
the proof by him taken. And the Court upon examination of the
matter, considered said Will duly proved & ordered the same to be
recorded. And thereupon on motion of Wheeler Whitney & Daniel
Chase the Executors in said Will named it is ordered that letters
testamentary be granted them upon their entering into bonds in the
sum of $1200.00? with Orrin T. Hopkins & Benjamin T Vail as security
And it is further ordered that Enos Wilson, Henry Thompson and
Amos Crane appraised the personal property of said estate.
Know all me by these presents that Major Evans of the Town=
ship of Bennington Delaware County & State of Ohio do on this 21st
[corresponds to labeled page 253 of Will Records Vol. 2 1835-1850]
253
Sworn to & subscribed in open Court this 25th day of December AD 1843.
Ahab Jinks Associate Judge
Recorded the foregoing will & c December 26 1843.
Attest WD Heim Clerk
==============================================================================
Will of Major Evans decd
________________________
Pleas at a Special Court held at the Court House in Delaware on
the 31st day of January AD 1844 before the Honorable Ahab Jinks
Marshall L Griffin & William G Norris Esqr Associate Judges of
the Court of Common Pleas in and for the County of Delaware &
State of Ohio.
This day the last will & testament of Major Evans decd was
produced in open Court & the testimony of George Evans one of the
subscribing witnesses thereto being reduced to writing & filed & it appear=
=ing that the other subscribing witness on account of sickness is unable
to be present. On motion ordered that a commission with the Will
annexed issue to William Voorhies Esqr to take the deposition of
William Stone the other subscribing witness to said will & this matter
is continued for the return of said deposition
And afterwards to wit at another special Court held at the
Court House in Delaware on the 29th day of February AD 1844
before the said Associate Judges the following proceedings were heard
and entered in regard to said Will to wit:
This day William Voorhies the Commissioner heretofore appointed
to take the deposition of William Stone touching the last will and
testament of Major Evans decd made report of his proceedings with
the proof by him taken. And the Court upon examination of the
matter, considered said Will duly proved & ordered the same to be
recorded. And thereupon on motion of Wheeler Whitney & Daniel
Chase the Executors in said Will named it is ordered that letters
testamentary be granted them upon their entering into bonds in the
sum of $1200.00? with Orrin T. Hopkins & Benjamin T Vail as security
And it is further ordered that Enos Wilson, Henry Thompson and
Amos Crane appraised the personal property of said estate.
Know all me by these presents that Major Evans of the Town=
ship of Bennington Delaware County & State of Ohio do on this 21st
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 299)
Description
[page 299]
[corresponds to page 254 of Will Records Vol. 2 1835-1850]
254
of December eighteen hundred & forty three make this my last will &
testament to stand in force & be a rule & guide for the dividing of
my property among my children after my decease. In the first
place I appoint Wheeler Whitney & Daniel Chase to be my Executors
and that they shall have full power the same as myself to manage all
my business to divide lands, set bounds, give deeds, collect debts and
pay all demands on the estate. In the second place I will that my
personal property & enough of my real estate be sold to pay my debts &
other expenses that may accrue. Thirdly I will that my two daughters
Sylvia & Lavina Evans have each of them one bed & bedding for the same
and fifty dollars each when the youngest boy becomes twenty one years of
age to be paid by the boys & the balance of the land to be equally divided
between my two boys Charles & Ira Evans when they become twenty one
years of age. I appoint & constitute my Executor Wheeler Whitney
and Daniel Chase guardians for my children. I acknowledge
this to be my last will & testament revoking & annulling all former wills
by me made & ratifying & confirming this & no other to be my last will &
testament in testimony whereof I have hereunto set my hand & seal this
day & year first above written
M. Evans {seal}
Signed published & declared by the above named Major Evans as & for his
last will & testament in presence of us who at his request have signed
as witnesses to the same William Stone
George Evans
The State of Ohio Delaware County Ss.
Court of Common Pleas Special Tenn 1844 January 31st
Personally appeared in open Court George Evans who being duly sworn
deposes & says that the paper before him purporting to be the last Will &
Testament of Major Evans now deceased was by the said Major Evans
acknowledged published & declared to be his last Will & testament, in
the presence of this deponent & William Stone that the said deceased was of
lawful age, that he was of sound disposing mind & memory & under no
restraint as he verily believe that they subscribed the same as witnesses
in the presence & at the request of the testator & in the presence of each other
George Evans
Sworn to & subscribed in open Court this 31st day of Jan AD 1844
W D Heim Clerk
The State of Ohio Delaware County Ss
Personally came before me William Voorhies Special Commissioner
appointed by the Court of Common Pleas for the County of Delaware
[corresponds to page 254 of Will Records Vol. 2 1835-1850]
254
of December eighteen hundred & forty three make this my last will &
testament to stand in force & be a rule & guide for the dividing of
my property among my children after my decease. In the first
place I appoint Wheeler Whitney & Daniel Chase to be my Executors
and that they shall have full power the same as myself to manage all
my business to divide lands, set bounds, give deeds, collect debts and
pay all demands on the estate. In the second place I will that my
personal property & enough of my real estate be sold to pay my debts &
other expenses that may accrue. Thirdly I will that my two daughters
Sylvia & Lavina Evans have each of them one bed & bedding for the same
and fifty dollars each when the youngest boy becomes twenty one years of
age to be paid by the boys & the balance of the land to be equally divided
between my two boys Charles & Ira Evans when they become twenty one
years of age. I appoint & constitute my Executor Wheeler Whitney
and Daniel Chase guardians for my children. I acknowledge
this to be my last will & testament revoking & annulling all former wills
by me made & ratifying & confirming this & no other to be my last will &
testament in testimony whereof I have hereunto set my hand & seal this
day & year first above written
M. Evans {seal}
Signed published & declared by the above named Major Evans as & for his
last will & testament in presence of us who at his request have signed
as witnesses to the same William Stone
George Evans
The State of Ohio Delaware County Ss.
Court of Common Pleas Special Tenn 1844 January 31st
Personally appeared in open Court George Evans who being duly sworn
deposes & says that the paper before him purporting to be the last Will &
Testament of Major Evans now deceased was by the said Major Evans
acknowledged published & declared to be his last Will & testament, in
the presence of this deponent & William Stone that the said deceased was of
lawful age, that he was of sound disposing mind & memory & under no
restraint as he verily believe that they subscribed the same as witnesses
in the presence & at the request of the testator & in the presence of each other
George Evans
Sworn to & subscribed in open Court this 31st day of Jan AD 1844
W D Heim Clerk
The State of Ohio Delaware County Ss
Personally came before me William Voorhies Special Commissioner
appointed by the Court of Common Pleas for the County of Delaware
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 300)
Description
[page 300]
[corresponds to labeled page 255 of Will Records Vol. 2 1835-1850]
255
Ohio to take the depositon of William Stone regarding the execution of
the last Will & Testament of Major Evans decd & being duly sworn
deposes & says that the paper before him & hereto attached purporting to
be the last Will & testament of said Major Evans now deceased, was by
the said Major Evans acknowledge publsihed & declared to be his last will
and testament in the presence of this deponent & George Evans, that the
said deceased was of lawful age, that he was of sound & disposing
mind & memory & under no restraint as he verily believes that they sub=
=scribed the same in his presence & at his request & in the presence of each other
William Stone
Sworn to & subscribed before me this 2nd day of February 1844
Willaim Voorhies Commissioner
Recorded the foregoing Will on March 1st 1844
Attest WD Heim Clerk
==================================================================================
Will of Hiram J. L Brown decd.
______________________________
Pleas at a special Court held at the Court House in Delaware on
the 29th day of February AD 1844 before the Honorable Ahab Jinks Mar=
=shall L Griffin & William G Norris Esqr Associate Judges of the Court of
Common Pleas in and for the County of Delaware & State of Ohio.
This day the last Will & Testament of Hiram J L Brown decd was
produced in open Court & proved by the testimony of the subscribing witnesses
thereto as reduced to writing approved & ordered to be recorded & thereupon on
motion of Robert O Brown, the Executor in said Will named it is
ordered that letters testamentary be granted him upon his entering with
bonds in the sum of $2000.00? with Alexander Kilbourne & Hugh Lee
as security. And it is further ordered that Albert Dean, William
Davis and David McCullough appraise the personal property of said
estate.
Be it known that I Hiram J L Brown of the town & County of
Delaware State of Ohio being now confined to a bed of sickness in and of the
uncertainty of life & the certainty of death do hereby make & publish my last
will & testament in manner following First it is my will & desire that
all my just debts be settled & fully paid as soon after my decease as the
situation of my affairs will permit & for the purpose of enabling my Executor
herein after appointed to carry out this desire I give & bequeath to him in
[corresponds to labeled page 255 of Will Records Vol. 2 1835-1850]
255
Ohio to take the depositon of William Stone regarding the execution of
the last Will & Testament of Major Evans decd & being duly sworn
deposes & says that the paper before him & hereto attached purporting to
be the last Will & testament of said Major Evans now deceased, was by
the said Major Evans acknowledge publsihed & declared to be his last will
and testament in the presence of this deponent & George Evans, that the
said deceased was of lawful age, that he was of sound & disposing
mind & memory & under no restraint as he verily believes that they sub=
=scribed the same in his presence & at his request & in the presence of each other
William Stone
Sworn to & subscribed before me this 2nd day of February 1844
Willaim Voorhies Commissioner
Recorded the foregoing Will on March 1st 1844
Attest WD Heim Clerk
==================================================================================
Will of Hiram J. L Brown decd.
______________________________
Pleas at a special Court held at the Court House in Delaware on
the 29th day of February AD 1844 before the Honorable Ahab Jinks Mar=
=shall L Griffin & William G Norris Esqr Associate Judges of the Court of
Common Pleas in and for the County of Delaware & State of Ohio.
This day the last Will & Testament of Hiram J L Brown decd was
produced in open Court & proved by the testimony of the subscribing witnesses
thereto as reduced to writing approved & ordered to be recorded & thereupon on
motion of Robert O Brown, the Executor in said Will named it is
ordered that letters testamentary be granted him upon his entering with
bonds in the sum of $2000.00? with Alexander Kilbourne & Hugh Lee
as security. And it is further ordered that Albert Dean, William
Davis and David McCullough appraise the personal property of said
estate.
Be it known that I Hiram J L Brown of the town & County of
Delaware State of Ohio being now confined to a bed of sickness in and of the
uncertainty of life & the certainty of death do hereby make & publish my last
will & testament in manner following First it is my will & desire that
all my just debts be settled & fully paid as soon after my decease as the
situation of my affairs will permit & for the purpose of enabling my Executor
herein after appointed to carry out this desire I give & bequeath to him in
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 301)
Description
[page 301]
[corresponds to labeled page 256 of Will Records Vol. 2 1835-1850]
256
trust for that purpose to be disposed of either at private or public sale
as he may deem proper all and singular my personal estate, the rents
and profits arising from my will (with power to lease &c & all debts
dues & demands of any name & nature with the exception of one cow
my household goods, furniture library in which I deem to be fit &
necessary for the use of my family as I shall hereinafter direct. In
addition to the personal estate not above excepted if my executor should
find it necessary I desire him to sell a piece of land in Marion County
of about forty acres and such part or portion off from my Out Lot in
North Delaware as will sell for In-lots, as may be agreed upon with
the guardian of my children hereinafter appointed. And for the
purpose of enabling my executor to act powerfully & without embarassment
he is hereby invested with full power to sell & convey the same in fee simple
to a purchaser or purchasers, and any surplus arising from such
sale or sales to be paid over to the guardian aforesaid. It is further my
will & desire that my said Executor shall from time to time & at all times
make such provision out of the assetts above as will meet the wants &
current expenses of my famiily - Second I hereby constitute &
appoint my beloved wife Rosanna P Brown the sole Guardian of all
our children until they shall arrive at the age of majority. And for
the purpose of enabling her to bring up educate & support them in the
manner known by her to comport with my wishes while living, modified
by any changes that may from time to time occur using her own judgment
and consulting with such persons as are known to be my friends: I give
and bequeath unto her my real & personal estate (after the payment of
my debts) in trust for the purposes aforesaid, subject to the instructions &
limitations hereinafter named, including the household goods furniture
library &c. It is my belief that the amount that will arise from the rents
of my will & the sale of personal estate not excepted & that the collection
of debts due me will be sufficient to enable my executor to appropriate a
sufficient amount for the support of my family & to pay up all demands
against me within a reasonable time, entertaining that opinion I cannot
conceive of a contingency that would require the sale of any further real
estate than that heretofore provided for, nevertheless if such a contingency
should arise I hereby confer the power to sell such further real estate as
may be necessary to meet such contingency upon my said wife acting
with the advice & consent of my executor & my friend Charles Sweetser &
any sale so made shall vest a title in fee simple in the purchaser upon
the execution of the proper conveyance to be made by my said wife
Provided always that the aforesaid Guardianship & trust is confirmed
[corresponds to labeled page 256 of Will Records Vol. 2 1835-1850]
256
trust for that purpose to be disposed of either at private or public sale
as he may deem proper all and singular my personal estate, the rents
and profits arising from my will (with power to lease &c & all debts
dues & demands of any name & nature with the exception of one cow
my household goods, furniture library in which I deem to be fit &
necessary for the use of my family as I shall hereinafter direct. In
addition to the personal estate not above excepted if my executor should
find it necessary I desire him to sell a piece of land in Marion County
of about forty acres and such part or portion off from my Out Lot in
North Delaware as will sell for In-lots, as may be agreed upon with
the guardian of my children hereinafter appointed. And for the
purpose of enabling my executor to act powerfully & without embarassment
he is hereby invested with full power to sell & convey the same in fee simple
to a purchaser or purchasers, and any surplus arising from such
sale or sales to be paid over to the guardian aforesaid. It is further my
will & desire that my said Executor shall from time to time & at all times
make such provision out of the assetts above as will meet the wants &
current expenses of my famiily - Second I hereby constitute &
appoint my beloved wife Rosanna P Brown the sole Guardian of all
our children until they shall arrive at the age of majority. And for
the purpose of enabling her to bring up educate & support them in the
manner known by her to comport with my wishes while living, modified
by any changes that may from time to time occur using her own judgment
and consulting with such persons as are known to be my friends: I give
and bequeath unto her my real & personal estate (after the payment of
my debts) in trust for the purposes aforesaid, subject to the instructions &
limitations hereinafter named, including the household goods furniture
library &c. It is my belief that the amount that will arise from the rents
of my will & the sale of personal estate not excepted & that the collection
of debts due me will be sufficient to enable my executor to appropriate a
sufficient amount for the support of my family & to pay up all demands
against me within a reasonable time, entertaining that opinion I cannot
conceive of a contingency that would require the sale of any further real
estate than that heretofore provided for, nevertheless if such a contingency
should arise I hereby confer the power to sell such further real estate as
may be necessary to meet such contingency upon my said wife acting
with the advice & consent of my executor & my friend Charles Sweetser &
any sale so made shall vest a title in fee simple in the purchaser upon
the execution of the proper conveyance to be made by my said wife
Provided always that the aforesaid Guardianship & trust is confirmed
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 302)
Description
[page 302]
[corresponds to labeled page 257 of Will Records Vol. 2 1835-1850]
257
upon my said wife during the time she shall remain my widow & in case
of her death or marriage then & in that case the same to cease & be determined
and on the happening of either of said events then it is my will & desire
that the guardianship of my children together with the certain trust
above confided to my wife to be conferred upon my brother Robert O Brown
with full & ample power to act in manner & form as above prescribed for
my wife with this further proviso, that if my said wife should marry
unfortunately & ever come to want I direct that she should be restored to
what would be tantamount to her dower at common law in rents and
profits arising from my real estate, which amount shall be paid to her
upon proof of the happening of such contingency by my exectuor if
before a final division among my children as hereinafter provided for
or if afterwards shall be paid by my children notably & changed upon
the estate which they receive in final partition. Further when my children
all arrive at the age of majority it is my desire that a partition then
be made of all the real estate, giving to each then living or to their
heirs & legal representatives an equal proportions or value to my wife
if she shall then be my widow the house-hold goods furniture &c with
an equal third part of the real estate as her own absolute property to
use & dispose of as she may see proper limiting any undisposed of prop=
=erty the same as stated in the proviso for her marriage. And for the pur=
=pose of making the aforesaid partition I desire my Executor to name
one man, my said wife another & said two so chosen shall name the
third who shall be authorized to make partition of my real estate if
the same can be partitioned without injury if not they may appraise
the same & the respective shares of each & give the others an opportunity
to purchase or arrange & settle the matter amicable if they can if
they cannot it is my will that my said Guardian for my children
sell the same at private or public sale & distribute the proceeds in conformity
with the above bequest provided such property will bring a fair price if
not postpone a sale until a fair price can be obtained, in case of the
decease of my executor & guardian before said division then I desire
the same to be made under the order of the proper Court in conformity
with law. Third I hereby constitute my beloved brother Robert
O Brown my sole executor of this my last will & testament & invest him
with all the powers heretofore prescribed & in case of his death before full
execution of the trust in him confided I constitute & appoint my friend
Charles Sweetser who shall be authorized to act in full & ample manner
for the purposes aforesaid as my said brother would have been authorized
if he had then been living. And in conclusion I hereby enjoin upon
[corresponds to labeled page 257 of Will Records Vol. 2 1835-1850]
257
upon my said wife during the time she shall remain my widow & in case
of her death or marriage then & in that case the same to cease & be determined
and on the happening of either of said events then it is my will & desire
that the guardianship of my children together with the certain trust
above confided to my wife to be conferred upon my brother Robert O Brown
with full & ample power to act in manner & form as above prescribed for
my wife with this further proviso, that if my said wife should marry
unfortunately & ever come to want I direct that she should be restored to
what would be tantamount to her dower at common law in rents and
profits arising from my real estate, which amount shall be paid to her
upon proof of the happening of such contingency by my exectuor if
before a final division among my children as hereinafter provided for
or if afterwards shall be paid by my children notably & changed upon
the estate which they receive in final partition. Further when my children
all arrive at the age of majority it is my desire that a partition then
be made of all the real estate, giving to each then living or to their
heirs & legal representatives an equal proportions or value to my wife
if she shall then be my widow the house-hold goods furniture &c with
an equal third part of the real estate as her own absolute property to
use & dispose of as she may see proper limiting any undisposed of prop=
=erty the same as stated in the proviso for her marriage. And for the pur=
=pose of making the aforesaid partition I desire my Executor to name
one man, my said wife another & said two so chosen shall name the
third who shall be authorized to make partition of my real estate if
the same can be partitioned without injury if not they may appraise
the same & the respective shares of each & give the others an opportunity
to purchase or arrange & settle the matter amicable if they can if
they cannot it is my will that my said Guardian for my children
sell the same at private or public sale & distribute the proceeds in conformity
with the above bequest provided such property will bring a fair price if
not postpone a sale until a fair price can be obtained, in case of the
decease of my executor & guardian before said division then I desire
the same to be made under the order of the proper Court in conformity
with law. Third I hereby constitute my beloved brother Robert
O Brown my sole executor of this my last will & testament & invest him
with all the powers heretofore prescribed & in case of his death before full
execution of the trust in him confided I constitute & appoint my friend
Charles Sweetser who shall be authorized to act in full & ample manner
for the purposes aforesaid as my said brother would have been authorized
if he had then been living. And in conclusion I hereby enjoin upon
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 303)
Description
[page 303]
[corresponds to labeled page 258 of Will Records Vol. 2 1835-1850]
258
my children a faithful adherence & acquiescence in all the provisions
of this my last act which is designed to promote the eventual happiness
of all after my decease warning them that an adherence to the precepts
and examples that I have given them while living & a conformity to
the directions & wishes of these, that I leave to watch over & guard their
interests after I shall have left them will in all human probability
tend to provide their welfare & happiness
In testimony whereof I have hereunto set my hand & seal & called upon
my friends Joseph Storm & Sidney Moore to subscribe the same as
witnesses thereto this 25th day of January AD 1844
H. J. L. Brown {Seal}
Signed, sealed, acknowledged, published & declared in our presence And
we have subscribed the same as Witnesses at the request of the testator this
25th day of Jany AD 1844 - Sidney Moore
Joseph Storm -
The State of Ohio Delaware County Ss Personally appeared in
open Court Sidney Moore & Joseph Storm of lawful age who being duly
sworn to true answers make touching the last will & testament of Hiram J L Brown
now produced upon their oaths say that on the 25th day of January 1844 the
date of said will they were present & saw said Hiram J L Brown sign and
and acknowledge said will & that said testator was at the time of the
execution thereof of sound disposing mind & memory of lawful age &
not under any restraint that he signed sealed & acknowledged the same
that he called upon us to sign the same as witnesses thereto in his presence
which he did according to his wishes, And that said testator died on the
3rd day of Feby thereafter without revoking or annulling the said will to
our knowledge Sidney Moore
Joseph Storm
Sworn to & subscribed in open Court this 29th day of Feby AD 1844
W D Heim Clerk
Recorded the foregoing Will on March 1 1844
Attest W D Heim Clerk
================================================================================
Will of James Roberts Sr dec'd
Pleas held at the Court House in Delaware on the 2nd day of April AD 1844
before the Honorable Joseph N Swan President & Ahab Jinks, Marshall L
[corresponds to labeled page 258 of Will Records Vol. 2 1835-1850]
258
my children a faithful adherence & acquiescence in all the provisions
of this my last act which is designed to promote the eventual happiness
of all after my decease warning them that an adherence to the precepts
and examples that I have given them while living & a conformity to
the directions & wishes of these, that I leave to watch over & guard their
interests after I shall have left them will in all human probability
tend to provide their welfare & happiness
In testimony whereof I have hereunto set my hand & seal & called upon
my friends Joseph Storm & Sidney Moore to subscribe the same as
witnesses thereto this 25th day of January AD 1844
H. J. L. Brown {Seal}
Signed, sealed, acknowledged, published & declared in our presence And
we have subscribed the same as Witnesses at the request of the testator this
25th day of Jany AD 1844 - Sidney Moore
Joseph Storm -
The State of Ohio Delaware County Ss Personally appeared in
open Court Sidney Moore & Joseph Storm of lawful age who being duly
sworn to true answers make touching the last will & testament of Hiram J L Brown
now produced upon their oaths say that on the 25th day of January 1844 the
date of said will they were present & saw said Hiram J L Brown sign and
and acknowledge said will & that said testator was at the time of the
execution thereof of sound disposing mind & memory of lawful age &
not under any restraint that he signed sealed & acknowledged the same
that he called upon us to sign the same as witnesses thereto in his presence
which he did according to his wishes, And that said testator died on the
3rd day of Feby thereafter without revoking or annulling the said will to
our knowledge Sidney Moore
Joseph Storm
Sworn to & subscribed in open Court this 29th day of Feby AD 1844
W D Heim Clerk
Recorded the foregoing Will on March 1 1844
Attest W D Heim Clerk
================================================================================
Will of James Roberts Sr dec'd
Pleas held at the Court House in Delaware on the 2nd day of April AD 1844
before the Honorable Joseph N Swan President & Ahab Jinks, Marshall L
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 304)
Description
[page 304]
[corresponds to labeled page 259 of Will Records Vol. 2 1835-1850]
259
Griffin & William G. Morris Esqr & his Associates, Judges of the Court of Com=
=mon Pleas in & for the County of Delaware in the State of Ohio
This day the last will & testament of James Roberts deceased was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of James Roberts Jr & Caleb Roberts the Executors
in said will named it is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of $300.00? with Levi
Meredith a Hezekiah Roberts as security And it is further ordered
that Charles Carpenter, Charles Armstrong & Charles Woodruff
appraise the personal property of said Estate
I James Roberts Seignior of the County of Delaware in the State
of Ohio do make & publish this my last will & testament in manner & form
following that is to say 1st It is my will that my funeral expenses and
all my just debts be fully paid 2nd I give & bequeath to my beloved wife
Jemima Roberts the use of all my property personal & real after my just
debts are paid for her maintenance only during her natural life ^3rd at the
death of my wife then all my property personal & real that is remaining to be
equally divided between my children to wit James Roberts Jr. Charles
Roberts, Caleb Roberts, Dennis Roberts & Nancy Roberts & Amanda
Roberts & to their heirs & assigns forever 4th that within one year from my
death I will that Asenath, Hezekiah & Emma my heirs each of them
a fund back to my Executors one hundred dollars each for the use of the
rest of my heirs & then to share equally with the rest of my heirs 5th
I give one hundred dollars to the regular Baptist Meeting House in
Sunbury Delaware County Ohio to be expanded by the building com=
=mitte in finishing same meeting house 6th I give ten dollars to Elizabeth
Meeker half sister to my wife if she out lives me Lastly I hereby
constitute & appoint my two sons Caleb & James Roberts to be the Executors
for this my last will & testament revoking & annulling all former wills by
me made & ratifying & confirming this to be my last will & testament
In testimony whereof I have hereunto set my hand & seal this twenty
fifth day of March in the year of our Lord one thousand eight hundred
& forty four James Roberts {Seal}
Signed published & declared by the above named James Roberts Sr. as and
for his last will & testament in the presence of us who at his request have
signed as witnesses to the same Levi Meredith
John A. Miller
The State of Ohio Delaware County Ss. Court of Common Pleas
April Term 1844 Personally appeared in open Court Levi Meredith
[corresponds to labeled page 259 of Will Records Vol. 2 1835-1850]
259
Griffin & William G. Morris Esqr & his Associates, Judges of the Court of Com=
=mon Pleas in & for the County of Delaware in the State of Ohio
This day the last will & testament of James Roberts deceased was
produced in open Court & proved by the testimony of the subscribing
witnesses thereto as reduced to writing approved & ordered to be recorded
And thereupon on motion of James Roberts Jr & Caleb Roberts the Executors
in said will named it is ordered that letters testamentary be granted them
upon their entering into bonds in the sum of $300.00? with Levi
Meredith a Hezekiah Roberts as security And it is further ordered
that Charles Carpenter, Charles Armstrong & Charles Woodruff
appraise the personal property of said Estate
I James Roberts Seignior of the County of Delaware in the State
of Ohio do make & publish this my last will & testament in manner & form
following that is to say 1st It is my will that my funeral expenses and
all my just debts be fully paid 2nd I give & bequeath to my beloved wife
Jemima Roberts the use of all my property personal & real after my just
debts are paid for her maintenance only during her natural life ^3rd at the
death of my wife then all my property personal & real that is remaining to be
equally divided between my children to wit James Roberts Jr. Charles
Roberts, Caleb Roberts, Dennis Roberts & Nancy Roberts & Amanda
Roberts & to their heirs & assigns forever 4th that within one year from my
death I will that Asenath, Hezekiah & Emma my heirs each of them
a fund back to my Executors one hundred dollars each for the use of the
rest of my heirs & then to share equally with the rest of my heirs 5th
I give one hundred dollars to the regular Baptist Meeting House in
Sunbury Delaware County Ohio to be expanded by the building com=
=mitte in finishing same meeting house 6th I give ten dollars to Elizabeth
Meeker half sister to my wife if she out lives me Lastly I hereby
constitute & appoint my two sons Caleb & James Roberts to be the Executors
for this my last will & testament revoking & annulling all former wills by
me made & ratifying & confirming this to be my last will & testament
In testimony whereof I have hereunto set my hand & seal this twenty
fifth day of March in the year of our Lord one thousand eight hundred
& forty four James Roberts {Seal}
Signed published & declared by the above named James Roberts Sr. as and
for his last will & testament in the presence of us who at his request have
signed as witnesses to the same Levi Meredith
John A. Miller
The State of Ohio Delaware County Ss. Court of Common Pleas
April Term 1844 Personally appeared in open Court Levi Meredith
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 305)
Description
[page 305]
[corresponds to labeled page 260 of Will Records Vol. 2 1835-185
260
and John A. Miller who being duly sworn depose & say that the paper
before them purporting to be the last Will & Testament of James Roberts Sr.
now deceased was by the said James Roberts Sr dec & acknowledged published &
declared to be his last will & testament in the presence of these deponents & that
the said deceased was of lawful age that he was of sound disposing mind
and memory & under no restraint as they verily believe, that they suscribed
the same as witnesses in the presence and at the request of the testator & in the
presence of each other. L Meredith
John A. Miller
Sworn to & subscribed in open Court this 2nd day of April AD 1844
W D Heim Clerk
Recorded the foregoing Will &c April 15th 1844 -
Attest W D Heim Clerk -
___________________________________________________________________________
Will of John Yager decd
___________________________________________________________________________
Pleas held at the Court House in Delaware on the 4th day of April
AD 1844 before the Honorable Joseph R. Swan President & Ahab Jinks, Marshall
L Griffin & William G Moris Esqr his Associate Judges of the Court of
Common Pleas in & for the County of Delaware in the State of Ohio
This day the last Will & Testament of John Yager decd was produced
in open Court & proved by the testimony of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded. And therefore
on motion of Eva Marget Yager & David Shuster the Executors in said
will named it is ordered that letters testamentary be granted them upon
their entering into bonds in the sum of $500.00? with Gotlieb Albright &
Frederick Kurtz as security. And it is further ordered that William
Bell, John J. Reicharts & Jacob Seigfried appraise the personal property
of said estate.
This indenture witnesseth that I John Yager of the County of Delaware
in the State of Ohio being sane & in my right mind do make & publish this my
last will & testament in a manner & form following that is to say First
It is my will that my funeral expenses & all my just debts be fully paid
Second I give & devise & bequeath to my beloved wife Eva Marget Yager
in lieu of her dower the plantation on which we now reside situate
lying & being in Brown Township County & State aforesaid continuing
[corresponds to labeled page 260 of Will Records Vol. 2 1835-185
260
and John A. Miller who being duly sworn depose & say that the paper
before them purporting to be the last Will & Testament of James Roberts Sr.
now deceased was by the said James Roberts Sr dec & acknowledged published &
declared to be his last will & testament in the presence of these deponents & that
the said deceased was of lawful age that he was of sound disposing mind
and memory & under no restraint as they verily believe, that they suscribed
the same as witnesses in the presence and at the request of the testator & in the
presence of each other. L Meredith
John A. Miller
Sworn to & subscribed in open Court this 2nd day of April AD 1844
W D Heim Clerk
Recorded the foregoing Will &c April 15th 1844 -
Attest W D Heim Clerk -
___________________________________________________________________________
Will of John Yager decd
___________________________________________________________________________
Pleas held at the Court House in Delaware on the 4th day of April
AD 1844 before the Honorable Joseph R. Swan President & Ahab Jinks, Marshall
L Griffin & William G Moris Esqr his Associate Judges of the Court of
Common Pleas in & for the County of Delaware in the State of Ohio
This day the last Will & Testament of John Yager decd was produced
in open Court & proved by the testimony of the subscribing witnesses thereto
as reduced to writing approved & ordered to be recorded. And therefore
on motion of Eva Marget Yager & David Shuster the Executors in said
will named it is ordered that letters testamentary be granted them upon
their entering into bonds in the sum of $500.00? with Gotlieb Albright &
Frederick Kurtz as security. And it is further ordered that William
Bell, John J. Reicharts & Jacob Seigfried appraise the personal property
of said estate.
This indenture witnesseth that I John Yager of the County of Delaware
in the State of Ohio being sane & in my right mind do make & publish this my
last will & testament in a manner & form following that is to say First
It is my will that my funeral expenses & all my just debts be fully paid
Second I give & devise & bequeath to my beloved wife Eva Marget Yager
in lieu of her dower the plantation on which we now reside situate
lying & being in Brown Township County & State aforesaid continuing
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 306)
Description
[page 306]
[corresponds to labeled page 261 of Will Records Vol. 2 1835-1850]
261
about one hundred acres (100a) during her natural lifetime. And all
the live stock horses cattle sheep hogs &c now owned by me & kept on my
farm. Also all the grain hay & farming utensils beds bedding & household
furniture of every description during her natural lifetime as aforesaid. Third
After which it is my will that my whole estate both real & personal be equally
divided among my six (6) children namely 1st Christiann 2nd Christena
Marget, 3rd Eva Catherine, 4th Sebela 5 Jacobina Frederica my beloved
daughters & John David my beloved son to be divided between them to the best
advantage. And lastly I hereby constitute & appoint my said wife Eva
Marget Yager & my son in law David Shuster to be the executors of my
last will & testament & ratifying & confirming this to be my last will &
testament & no other. In testimony whereof I have hereunto set my hand
and seal this second day of October one thousand eight hundred & forty
three (1843) signed & declared by me
John Yager {Seal}
William Bell, Frederick Kurtz -
The State of Ohio Delaware County Ss. Court of Common
Pleas April Term 1844. Personally appeared in open Court William
Bell & Frederick Kurtz who being duly sworn depose & say that the paper
before them purporting to be the last will & testament of John Yager now
deceased was by the said John Yager acknowledge published & declared
to be his last Will & Testament in the presence of these deponents, that the
said deceased was of lawful age, that he was of sound disposing mind &
memory & under no restraint as they verily believe that they subscribed the same
as witnesses in the presence & at the request of the Testator & in the presence of each
other William Bell
Frederick Kurtz
Sworn to & subscribed in open Court this 2nd day of April AD 1844
W D Heim Clerk
Recorded the foregoing Will &c April 15th 1844
Attest W D Heim Clerk
==============================================================================
Will of Peter Darst decd
==============================================================================
Pleas held at the Court House in Delaware on the 12th day of April
AD 1844 before the Honorable Joseph R. Swan President & Ahab Jinks
Marshall L Griffin & William G. Morris Esqr his Associates Judges of
[corresponds to labeled page 261 of Will Records Vol. 2 1835-1850]
261
about one hundred acres (100a) during her natural lifetime. And all
the live stock horses cattle sheep hogs &c now owned by me & kept on my
farm. Also all the grain hay & farming utensils beds bedding & household
furniture of every description during her natural lifetime as aforesaid. Third
After which it is my will that my whole estate both real & personal be equally
divided among my six (6) children namely 1st Christiann 2nd Christena
Marget, 3rd Eva Catherine, 4th Sebela 5 Jacobina Frederica my beloved
daughters & John David my beloved son to be divided between them to the best
advantage. And lastly I hereby constitute & appoint my said wife Eva
Marget Yager & my son in law David Shuster to be the executors of my
last will & testament & ratifying & confirming this to be my last will &
testament & no other. In testimony whereof I have hereunto set my hand
and seal this second day of October one thousand eight hundred & forty
three (1843) signed & declared by me
John Yager {Seal}
William Bell, Frederick Kurtz -
The State of Ohio Delaware County Ss. Court of Common
Pleas April Term 1844. Personally appeared in open Court William
Bell & Frederick Kurtz who being duly sworn depose & say that the paper
before them purporting to be the last will & testament of John Yager now
deceased was by the said John Yager acknowledge published & declared
to be his last Will & Testament in the presence of these deponents, that the
said deceased was of lawful age, that he was of sound disposing mind &
memory & under no restraint as they verily believe that they subscribed the same
as witnesses in the presence & at the request of the Testator & in the presence of each
other William Bell
Frederick Kurtz
Sworn to & subscribed in open Court this 2nd day of April AD 1844
W D Heim Clerk
Recorded the foregoing Will &c April 15th 1844
Attest W D Heim Clerk
==============================================================================
Will of Peter Darst decd
==============================================================================
Pleas held at the Court House in Delaware on the 12th day of April
AD 1844 before the Honorable Joseph R. Swan President & Ahab Jinks
Marshall L Griffin & William G. Morris Esqr his Associates Judges of
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 307)
Description
[page 307]
[corresponds to labeled page 262 of Will Records Vol. 2 1835-1850]
262
the Court of Common Pleas in & for the County of Delaware in the State
of Ohio
This day the last will & Testament of Peter Darst decd was produced
in open Court & the testimony of James Davenport one of the subscribing
witnesses to said will being reduced to writing & filed & proof being adduced
to the satisfaction of the Court as to the hand writing of William P Eagan
the other subscribing witness to said Will who has since gone to parts un=
=known & the Court therefore consider said Will duly proved & order the
same to be recorded And therefore on motion Peter Darst & Samuel
Darst the Executors in said Will named It is ordered that letters
testamentary be granted them upon their entering into bonds in the
sum of $300.00? with Samuel Wise & Isaac Darst as security
And it is further ordered that John Cunningham, Samuel Downing
and Henry Willey appraise the personal property of said estate-
I Peter Darst of the County of Delaware in the State of Ohio do make
and publish this my last Will & Testament in manner & form following
that is to say First it is my will that my funeral expenses & all my just
debts be fully paid. Second I give & bequeath to my daughter Elizabeth the
farm on which I now live being the North half of the West half of the South
West quarter of Section twenty four in Township Six of Range Nineteen of
the unappropriated land in the District offered for sale at Chilicothe Ohio
containing forty acres during her natural life and if she should die
leaving no heirs then it is my will that the above land shall be sold & the
price thereof equally divided between a part of my other children that is
between my son William Darst, my son David Darst, my son John
Darst, my son Peter Darst also his son Samuel Darst my son Henry
Darst & my son Isaac Darst, also my daughter Susan & my Daughter
Polly to them & to their heirs forever. Thirdly I give & devise to my daughter
Elizabeth two cows two beds & bedding one bureau, one corner cupboard
two sugar kettles & kitchen cooking utensils. Fourthly It is my will
that all my moveable property not already devised shall be sold & the
money equally divided among my said children above mentioned
Fifthly I give & devise to my son Jacob Darst the sum of one dollar
and lastly I hereby constitute & appoint my son Peter & my son Samuel
Darst to be the Executors of this my last will & testament revoking &
annulling all former wills by me made & ratifying this & no other to be
my last Will & testament In testimony whereof I have hereunto set
my hand and seal this 30th day of May in the year of our Lord one
thousand eight hundred & thirty seven
Peter Darst {Seal}
[corresponds to labeled page 262 of Will Records Vol. 2 1835-1850]
262
the Court of Common Pleas in & for the County of Delaware in the State
of Ohio
This day the last will & Testament of Peter Darst decd was produced
in open Court & the testimony of James Davenport one of the subscribing
witnesses to said will being reduced to writing & filed & proof being adduced
to the satisfaction of the Court as to the hand writing of William P Eagan
the other subscribing witness to said Will who has since gone to parts un=
=known & the Court therefore consider said Will duly proved & order the
same to be recorded And therefore on motion Peter Darst & Samuel
Darst the Executors in said Will named It is ordered that letters
testamentary be granted them upon their entering into bonds in the
sum of $300.00? with Samuel Wise & Isaac Darst as security
And it is further ordered that John Cunningham, Samuel Downing
and Henry Willey appraise the personal property of said estate-
I Peter Darst of the County of Delaware in the State of Ohio do make
and publish this my last Will & Testament in manner & form following
that is to say First it is my will that my funeral expenses & all my just
debts be fully paid. Second I give & bequeath to my daughter Elizabeth the
farm on which I now live being the North half of the West half of the South
West quarter of Section twenty four in Township Six of Range Nineteen of
the unappropriated land in the District offered for sale at Chilicothe Ohio
containing forty acres during her natural life and if she should die
leaving no heirs then it is my will that the above land shall be sold & the
price thereof equally divided between a part of my other children that is
between my son William Darst, my son David Darst, my son John
Darst, my son Peter Darst also his son Samuel Darst my son Henry
Darst & my son Isaac Darst, also my daughter Susan & my Daughter
Polly to them & to their heirs forever. Thirdly I give & devise to my daughter
Elizabeth two cows two beds & bedding one bureau, one corner cupboard
two sugar kettles & kitchen cooking utensils. Fourthly It is my will
that all my moveable property not already devised shall be sold & the
money equally divided among my said children above mentioned
Fifthly I give & devise to my son Jacob Darst the sum of one dollar
and lastly I hereby constitute & appoint my son Peter & my son Samuel
Darst to be the Executors of this my last will & testament revoking &
annulling all former wills by me made & ratifying this & no other to be
my last Will & testament In testimony whereof I have hereunto set
my hand and seal this 30th day of May in the year of our Lord one
thousand eight hundred & thirty seven
Peter Darst {Seal}
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 308)
Description
[page 308]
[corresponds to labeled page 263 of Will Records Vol. 2 1835-1850]
263
Signed published & declared by the within named Peter Darst as & for
his last will & testament in the presence of us who at his request have signed
as witnesses to the same James Davenport
William P Eagan
The State of Ohio Delaware County SS.
Court of Common Pleas April Term 1844 -
Personally appeared in open Court James Davenport who being duly sworn
depose & say that the paper before him purporting to be the last Will and
testament of Peter Darst now deceased was by the said Peter Darst
acknowledged published & declared to be his last Will & Testament in the
presence of this deponent, that the said deceased was of lawful age that He
was of sound disposing mind & memory & under no restraint as he verily
believes that he subscribed the same as a witness in the presence & at the request
of the Testator & in the presence of each other.
James Davenport
Sworn to & subscribed in open Court this 12th day of April AD 1844
W D Heim Clerk
Recorded the foregoing Will &c April 16th 1844
Attest W D Heim Clerk
________________________________________________________________________
Copy of the Will of Henry Massie decd
Pleas held at the Court House in Delaware on the 6th day of April
AD 1844 before the Honorable Joseph R Swan President & Ahab Jinks
Marshall L Griffin & William G. Morris Esqr his Associates, Judges of the
Court of Common Pleas in & for the County of Delaware in the State of Ohio.
On Motion it is ordered that the authenticated copy of the last Will
and testament of Henry Massie decd now produced in open Court &
having relation to lands in this County be admitted to record among the
record of Wills of this County.
State of Kentucky. At a County Court held for Jefferson County
at the Court House in the City of Louisville on the first day of March one
thousand eight hundred & thirty being a Court of exclusive jurisdiction for
the probate of Wills & granting letters testamentary in and for said
County, An instrument of writing purporting to be the last will and
testament of Henry Massie deceased was produced in Court & proved
by the oaths of William C. Galt & Nevell Bullett two of the subscribing
[corresponds to labeled page 263 of Will Records Vol. 2 1835-1850]
263
Signed published & declared by the within named Peter Darst as & for
his last will & testament in the presence of us who at his request have signed
as witnesses to the same James Davenport
William P Eagan
The State of Ohio Delaware County SS.
Court of Common Pleas April Term 1844 -
Personally appeared in open Court James Davenport who being duly sworn
depose & say that the paper before him purporting to be the last Will and
testament of Peter Darst now deceased was by the said Peter Darst
acknowledged published & declared to be his last Will & Testament in the
presence of this deponent, that the said deceased was of lawful age that He
was of sound disposing mind & memory & under no restraint as he verily
believes that he subscribed the same as a witness in the presence & at the request
of the Testator & in the presence of each other.
James Davenport
Sworn to & subscribed in open Court this 12th day of April AD 1844
W D Heim Clerk
Recorded the foregoing Will &c April 16th 1844
Attest W D Heim Clerk
________________________________________________________________________
Copy of the Will of Henry Massie decd
Pleas held at the Court House in Delaware on the 6th day of April
AD 1844 before the Honorable Joseph R Swan President & Ahab Jinks
Marshall L Griffin & William G. Morris Esqr his Associates, Judges of the
Court of Common Pleas in & for the County of Delaware in the State of Ohio.
On Motion it is ordered that the authenticated copy of the last Will
and testament of Henry Massie decd now produced in open Court &
having relation to lands in this County be admitted to record among the
record of Wills of this County.
State of Kentucky. At a County Court held for Jefferson County
at the Court House in the City of Louisville on the first day of March one
thousand eight hundred & thirty being a Court of exclusive jurisdiction for
the probate of Wills & granting letters testamentary in and for said
County, An instrument of writing purporting to be the last will and
testament of Henry Massie deceased was produced in Court & proved
by the oaths of William C. Galt & Nevell Bullett two of the subscribing
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 309)
Description
[page 309]
[corresponds to labeled page 264 of Will Records Vol. 2 1835-1850]
264
witnesses thereto & thereupon the same was established to be the last Will &
testament of the said Massie & entered to be recorded & is recorded & is in the
words & figures following to wit "I Henry Massie of the County of
Jefferson & State of Kentucky do hereby make & ordain this my last
will & testament. First I devise to my wife Helen Massie the farm on
which I reside with all the buildings & appurtenances thereto belonging
together with the household & kitchen furniture & likewise all the stock of
any description on said farm at the time of my decease. I also devise
to her all my slaves of any description & their increase together with all money
on hand & debts due me in the State of Kentucky at the time of my decease
Also all my stock in the Shelbyville & Louisville Turnpike road Also three
thousand dollars & the security for the same owing to me but payable some
years hence by the Corporation of Portsmouth in the State of Ohio. To hold
the aforesaid farm of Four hundred & thirty four acres together with all
other property consisting of slaves &c herein before mentioned to her my
said wife & her heirs forever in fee simple it being my intention to leave
all my property of any description which I may leave at the time of my
death in the State of Kentucky to my wife & that some of it shall be subject
to my debts. Secondly I devise to my wife all the rest & residue of my
estate real & personal & mixed in the State of Ohio & elsewhere to be by her
disposed of as follows to wit out of the proceeds thereof my debt owing to
the US Branch Bank at Louisville & all other debts which I may owe
to be first paid if so much remains after payment of my debts fourteen
hundred dollars to be by my wife loaned out & the interest annually
paid to my brother Thomas Massie during his natural life for his
support & maintainance & at his death the principal fourteen hundred
dollars to belong to my wife & her heirs absolutely that payment of my
debts & the fourteen hundred dollars aforesaid if enough remains of the
proceeds of my lands devised to be sold for the purpose of discharging
my debts & legacies, the sum of three thousand dollars shall be paid over to my
neice Constance Massie & the same amount to my niece Elizabeth Thompson
and the remainder of such proceeds to be equally divided between my nephew
Heath Jones Miller of the Town of Louisville my nephew Nathaniel Massie
of Ohio son of my deceased Nathaniel, Henry Bullett son of Cuthbert
Bullett & Alexander Scott Bullett son of William C. Bullett but if
the residue to be divided between the last four mentioned legatees should
exceed the sum of three thousand dollars to each then such excess
shall be equally divided among them & Constance Massie, Elizabeth
Thompson & my niece Sally Harvey. All the foregoing legacies
[corresponds to labeled page 264 of Will Records Vol. 2 1835-1850]
264
witnesses thereto & thereupon the same was established to be the last Will &
testament of the said Massie & entered to be recorded & is recorded & is in the
words & figures following to wit "I Henry Massie of the County of
Jefferson & State of Kentucky do hereby make & ordain this my last
will & testament. First I devise to my wife Helen Massie the farm on
which I reside with all the buildings & appurtenances thereto belonging
together with the household & kitchen furniture & likewise all the stock of
any description on said farm at the time of my decease. I also devise
to her all my slaves of any description & their increase together with all money
on hand & debts due me in the State of Kentucky at the time of my decease
Also all my stock in the Shelbyville & Louisville Turnpike road Also three
thousand dollars & the security for the same owing to me but payable some
years hence by the Corporation of Portsmouth in the State of Ohio. To hold
the aforesaid farm of Four hundred & thirty four acres together with all
other property consisting of slaves &c herein before mentioned to her my
said wife & her heirs forever in fee simple it being my intention to leave
all my property of any description which I may leave at the time of my
death in the State of Kentucky to my wife & that some of it shall be subject
to my debts. Secondly I devise to my wife all the rest & residue of my
estate real & personal & mixed in the State of Ohio & elsewhere to be by her
disposed of as follows to wit out of the proceeds thereof my debt owing to
the US Branch Bank at Louisville & all other debts which I may owe
to be first paid if so much remains after payment of my debts fourteen
hundred dollars to be by my wife loaned out & the interest annually
paid to my brother Thomas Massie during his natural life for his
support & maintainance & at his death the principal fourteen hundred
dollars to belong to my wife & her heirs absolutely that payment of my
debts & the fourteen hundred dollars aforesaid if enough remains of the
proceeds of my lands devised to be sold for the purpose of discharging
my debts & legacies, the sum of three thousand dollars shall be paid over to my
neice Constance Massie & the same amount to my niece Elizabeth Thompson
and the remainder of such proceeds to be equally divided between my nephew
Heath Jones Miller of the Town of Louisville my nephew Nathaniel Massie
of Ohio son of my deceased Nathaniel, Henry Bullett son of Cuthbert
Bullett & Alexander Scott Bullett son of William C. Bullett but if
the residue to be divided between the last four mentioned legatees should
exceed the sum of three thousand dollars to each then such excess
shall be equally divided among them & Constance Massie, Elizabeth
Thompson & my niece Sally Harvey. All the foregoing legacies
Title
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 310)
Description
[page 310]
[corresponds to page 265 of Will Records Vol. 2 1835-1850]
265
and devises / except that to my brother Thomas / contained in this second clause
of my will may be paid over by my wife to all or any of my legatees in money or
in the property left by me at her option and if paid in propert
[corresponds to page 265 of Will Records Vol. 2 1835-1850]
265
and devises / except that to my brother Thomas / contained in this second clause
of my will may be paid over by my wife to all or any of my legatees in money or
in the property left by me at her option and if paid in propert