Delaware County Ohio Will Records Vol. 3 1850-1859

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 1)

Will Record 3 Delaware County

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Will Record

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Delaware County

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Record of Wills

3 1850-59


Ackley Geo. B. -Will of- 70.

Adams Penney " " 234.

Adams Eoy " " 322

Alfred Eliza " " 382

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Bury John dec'd Will 25.

Brown John " 38.

Brownmiller Frederick " 47

Brown Robert " 74

Brown Robert " 146

Beedle William " 202-

Blount Samuel " 201

Bramin Michael " 232 Case No 476 " 240

Buck Isreal E " 251

Bierce Winslow " 290

Brownmiller Bernard " 306

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Curren John decd Will Page 21

Cockrell Edward " " 27.

Coulter Parthenia " " 29.

Carpenter Robert " " 34

Cornelle Eliakim " " 119.

Crawford Thos " " 136.

Case Watson " " 142

Cryder George S. " " 206

Coleman Daniel " " 218

Canada John " " 176.

Cole Mereen D. " " 227.

Closson Wesley designation of Heir 263.

Carpenter Benjamin 273

Cryder Leah dec Will " 358

Campbell Duncan decd " 403

Canady, John's & Will Sr " 176

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Dulin Lewis dec 30.

Dixons Abel " 115.

Drake Jacob " 216

Dixon Philemon " 249

Dopson Electa " 255

Dildine Ralph " 258

Depp Lucy " 371 Case No 761

Dunlap John F. " 378

Depp Abram " 387

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Evans Evan decd Will 22

Ekam Peter de~ Will 209

Evans Angeline de~ Will 208

Edmundson Elizabeth ~ ~ 157

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Ferson James - Will of- 117.

Freese, John " " 122.

Fleming James " " 362 Case No 740

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Grove Francis Will - 63

Ginn John " 139.

Gregg William decd " 360.

Gaylord Benjm C. decd Will page 384

Gregory Nathaniel " " " 414

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Heminger Andrew decd 4

Howard Jeremiah decd 72

Hotchkiss Lyman " 133. Case No 231

Hughes Evan ~ 168

Hull Benjamin ~ 246

Hess Mary M " 297

Harrison Aaron R " 299

Hill Orison " 307

Hurd John " 314

Harder Peter Will of 380 Case No 791

Hennis Richard " " 419

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Jones Samuel decd Will pg 49

Jamison Esther " " 110. Case No - 139

Johnson William " " " 124

Jones James ~ ~ ~ 187

Jones Mary " " " 296

James Thomas " " " 309

Jones John [Brynt] " " " 370

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Klinker Joseph decd Will Page 40.

Kelly Henry " " " 66

Kent John " " " 153.

Kyle Hugh " " " 219

Klee Jacob " " " 268

King John " " " 356

Kyle David " " " 385 Case No 804

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Leak John Will of 56

Landon Saml 68

John Lenox Will 166

Livingston Margaret 205

Lewis Harlow 211

Luke Thomas ~ 163

Lennox John ~ 166.

Lawrence J.B. ~ 189 Case No 179

Longshore Aaron ~ 229 " " 449

Lane Margaret ~ 253

Ludy Daniel " 292

Laune Rufus ~ 279

Lynn Joseph " " 397

Lawrence Joseph ~ ~ 412

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Mead Lucy Ann decd 2

Meredith Levi " 6

Martin Benjamin 112 )

Indenture between Nehemiah Martin )

and Elijah Martin (recorded on page 130) )

Mendenhall Edwd. S. 131.

McKimmie J. 144.

Mangans Daniel 147.

Meeker Benj to S. D. Flagg (Transfer) 165

Mason Jessi decd Will of 222.

Minter Elizabeth decd ~ ~ 257

Morris Margaret ~ ~ ~ 277

Morton Thomas " " 298

Mason Dorsey " " 304

McCloud Thomas " " 320

Daniel Moore " " 376

More. Danl D.L. decd " " 407

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Newhouse Anthony decd Will 159

Neilson John 238 Case No 505

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Pentony Michael Will 33.

Pierce Mary's Will 54 Case No 37

Payne Eber C. Will of 62

Perry Robert decd " " 108.

Pettet Bartholomew ~ ~ 151

Pierce John G ~ ~ 275

Paull James " " 288

Penry Wm. R. " 391

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Rosecrans Jacob C Will of 53

Rogers Elizabeth Will of 242.

Rinehart Oril L decd 265.

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Seeydam Mary decd 1

Sherman John " 11

Slentz Mary " 31

Shaw Augustus M. 149

Sweetser Delight dec Will. 213 Case No. 405

Smith Jacob ~ 230

Stanberry Edward ~ 224

Slack Ralph ~ 236.

Seigfried Samuel decd ~ 244

Sharp Joseph " ~ 250

Shryer George ~ ~ 259

Sackett Guy ~ ~ 267

Stone William dec'd " 367

Smith Alexander decd " 373

Smith Phebe decd will of 399.

Smith Gilbert " " 405

Stein Solomon " " 418

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Taylor James decd 76

Tod William H. decd 281 Case No 623

Twiggs Francis decd Matter of Last Will &c Page 324

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Van Horne Henry decd Will 263

Vining Elias " " 321

Van Houten James " " 395

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Warrington William decd Will 36

Williams John " " 43.

Williams Lewis " " 51 - 51

Wells Nathaniel " " 126. -

Wells Alexander ' ' 128. -

Warden John W. ~ ~ 171

Wells Rhoda " " 317

Weaver Samuel S " " 369

Williams James ' " 393

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Young Andrew decd Will page 42.

Yeates John " " " 293

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Zeigler Frederick decd Will 179.

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Mary Suydam will 1

Court of Common Pleas held at the Court House in Delaware on the 15th day

of October AD 1850 before the Honorable O Bowen president Judge & Almon

Stark Caleb Howard & Frederick Avery 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 Mary Suydam decd was

produced in open Court and proved by the testimony of the subscribing witnesses

thereto as reduced to witness writing. And it appearing to the Court that said testatrix

was at the time of executing the same was of sound and disposing mind memory

and understanding and acting under no restraint whatever. It is ordered that said

Will be admitted to probate and placed upon record.

In the Name of God Amen I Mary Suydam of lawful age of the

County of Delaware State of Ohio being of advanced age and considering

the uncertainty of this mortal life the certainty of death but the uncertain=

=ty of the time thereof and being of sound and disposing mind and mem=

=ory do make and publish this my last Will and Testament to wit -

Item 1st I will and desire that after my decease my body be decently buried

and that my funeral expenses and my just and legal debts be fully paid &c

Item 2nd I will and devise after the payment of my funeral expenses

and debts as aforesaid all the residue and remainder of my property

both real personal and mixed to my brother and sister Anthony. L.

Griffiths and his wife Aletta Griffiths during their natural lifetime for

their own use benefit and behoof and at their death all the residue and

remainder that may be left I will and devise to Suydam Sloan and

Samuel Sloan to be equally divided between them share and share alike

and to their heirs and assigns forever.

Item 3rd I do hereby nominate and appoint said Anthony. L. Griffiths

and Aletta Griffiths my sole Executor and Executrix to execute and

carry into effect this my last Will and Testament hereby revoking

and disavowing all other wills by me made and relying and declar=

=ing and publishing this as my last and only Will and Testament.

In witness whereof I have hereunto set my hand and seal this 10th day

of August AD one thousand eight hundred and forty nine.

Signed sealed and acknowledged

by said Mary Suydam as her Mary. Suydam. {seal}

last will and testament in

our presence and signed by us

in her pleasure and at her request.

George A. Jackson

J.S. Moses


The State of Ohio Delaware County Ss

We George A Jackson and J.S. Moses being duly sworn in open Court this

15th day of OCtober AD 1850 depose and say that we were present at

the execution of the last will and testament of Mary Suydam hereunto

annexed; that we saw the said testator subscribe said will and heard

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 54)

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

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

sound mind and memory and not under any restraint; and that we signed

the same as witnesses at her request and in her presence and in the presence of

each other. Witness our hands and seals the day and year aforesaid.

George. A. Jackson {seal}

J.S. Moses {seal}



Sworn to & subscribed in

Open Court

G.W. Stark Clerk


Lucy Ann Mead decd will



Court of Common Pleas held at the Court House in Delaware on the

15th day of October AD 1850 before the Honorable O. Bowen president Judge

and Almon Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Lucy A Mead

deceased was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing and it appearing to the Court

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

mind memory and understanding and acting under no restraint whatever. It is

ordered that said will be recorded and that letters executory be issued to David

Gregory one of the Executors in said Will named having declined acting Stephen

R Bennett the other Executor in said Will named having declined acting as per

file upon his entering into bonds in the sum of $6000.00 with Minor. W. Miller

William. G Shelton amd George. T. Sherman as security. And it is further

ordered that Joseph. Prince John. Frost David T. Sherman appraise the

personal property of said Estate.

In the name of the benevolent Father of all I Lucy Ann Mead

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

this my last will and Testament as follows to wit I give and bequeath to my

niece Lucy Abbot two hundred dollars; to my nephew David Tracy and

Asahel Tracy each two hundred dollars; to my sister Polly Tracy one hundred

dollars and if the said Polly Tracy shall not survive me I direct that

the said one hundred dollars be equally divided amongst her daughters

I give and bequeath to my nephews Sanford. S. Bennett and Steven R

Bennett each one hundred dollars; to my neice P. Pamelia. Gregory five

shares of stock in the Franklin Branch of the State Bank of Ohio at Co=

=lumbus Ohio. Said shares of stock were assigned to me by S.R. Bennett

I give and bequeath to my nephew Charles Royce five hundred dol.

.lars including the sum of a note of hand that I hold against him for one

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Lucy Ann Mead will

hundred dollars; I give and bequeath to Munson Gregory one hundred

dollars to be paid by a note of hand that I hold against him for one hundred

dollars; I give and bequeath to Platt Gregory one hundred dollars; to my

nephew Philander Patterson and John Patterson each one hundred dollars;

to Lucy Ann Royce daughter of Norton B Royce and to Mary Royce

daughter of Charles Royce each one feather bed one blue flowered coverlet

and one blue kersey blanket to my niece Helen S Gregory one set of deep

blue table crockery ware; to my neice Jane B. Gregory one set of silver

Teaspoons; to Sanford S. Bennet Stephen R Bennett P Pamelia Gregory

and John Patterson I bequeath all the remainder of my household

furniture and books to be divided equally amonst them - and finally after

the payment of all my just debts and after the payment of the above

named legacies and bequests the residue of my property I give and be=

=queath to the American Bible Society-

I hereby nominate and appoint Stephen R Bennett and David

Gregory Executors of this my last will and testament hereby authorizing

and empowering them to adjust release and discharge them [crossed out] in such

manner as they shall deem lawful and right the claim due to me. And

I hereby revoke all former wills by me made. In testimony whereof I

have hereunto set my hand and seal this eighteenth day of May

in the year one thousand eight hundred and fifty

Signed and acknowledged by

said Lucy Ann Mead Lucy Ann Mead {seal}

as her last will and testament

in our presence and signed

by us in her presence

G.T. Sherman

Joseph. Cooper

The State of Ohio Delaware County Ss.

Court of Common Pleas October term 1850 Personally appeared in

open Court George T. Sherman and Joseph Cooper who being duly sworn

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

now decd was by the said Lucy Ann Mead

and Testament of Lucy Ann Mead acknowledged published and declared

to be her last Will and Testament in the presence of these deponents;

that the said deceased was of lawful age that she was of sound and dis=

=posing mind and memory and under no restrainet as they verily believe;

that they subscribed the same as witnesses in the presence and at the re=

quest of the testatrix and in the presence of each other.

Sworn to and subscriber in open G.T. Sherman

Court this 15th day of Oct AD 1850 Joseph Cooper

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 56)

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4 Andrew Heminger will

Court of Common Pleas held at the Court House in Delaware on the 15th day

of October AD 1850 before the Honorable O Bowen president Judge and Almon

Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Andrew Hemminger decd

was produced in open Court and proved by the testimony of the subscribing

witnesses thereto as reduced to writing and it appearing to the COurt that

the said testator was at the time of executing the same of sound and dis=

=posing mind and memory and acting under no restraint whatever it was

approved and ordered to be recorded. It is ordered that letters executory be

issued to Henry. D. Davy one of the executors in said will named Solomon

Weaver the other executor in said will named having left the Country

upon his entering into bonds in the sum of Four Thousand dollars with

Ezra Davy and Samuel Dowell as security. And it is further ordered that

Oliver Stark George Stiffer and George Snider appraise the personal prop=

=erty of said Estate.

I Andrew Hemminger of the County of Delaware and State

of Ohio being in middling good health and of sound mind memory

and understanding thanks be to Almighty God for the same do make

ordain 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 Secondly I give and bequeath to my beloved

wife Catharine Heminger my whole Estate consisting of the farm upon which

we now live containing about one hundred acres of land and known as lot

thirty five in the first section of the fifth Township and sixteenth range United

States Military lands survey in said County of Delaware and State of Ohio

together with all the personal property by me owned and kept thereon or else=

=where and all the rights credits moneys and effects of every name and nature

which properly belong to me at my decease for and during the whole period

of her natural life if she should so long remain after my decease unmarried.

After a sufficiency of my personal property should be disposed of to pay my

just debts which it is my will that my executors should pay out of

the first moneys that may come into their hands from the sale of property

for that purpose and after the decease of my said wife it is my will

that Catherine Sprague and Marah Weaver heirs of John Weaver deceased

if not had before then to have each of them a Cow and Sophia Weaver

an heir of the said John Weaver is to have two Cows and it is my will

that such portion of my personal property if any as may remain unexpended

be sold for money and the avails thereof be divided equally among such of

my heirs and the heirs of the aforesaid John Weaver deceased as may be then

living and such portion of my lands if any as may remain after the de=

=cease of my said wife unexpended it is my will that it may be sold upon

a credit of one year or more at the discretion of the surviving executors

according to the age necessity and condition of our heirs or such of them

as may then survive taking adequate securities such as is usual in such

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cases and on the reipts receipts of the avails of said land to divide the

money equally among my said heirs and the heirs of the aforesaid Weaver deceased

which may then survive if they are of age and condition lawfully to receive

the same but if my said wife should survive all my said children it is

my will that she should have the whole of my estate unconditionally it is

my will that the said Sophia Weaver is to have no portion part of her portion

unless she should marry but to go to them that maintain her when old.

Thirdly If after my decease my said wife should again marry it is my will

that from that time if any of my said heirs or any of the heirs of the said John

Weaver deceased should then be living that my said wife should receive only such

portion of my said Estate which may then remain unexpended as she would be

entitled to by law had this will never been made and the residue to go

equally to my said heirs and the heirs of the said Weaver deceased as before

stated but if however my said wife should after such marriage survive all my

said children it is my will that she should then receive all my said estate

as before stated unconditionally - and lastly I here ordain constitute and

appoint Solomon Weaver and Henry. D. Davy to be the executors of this my

last Will and Testament revoking and annulling all former wills by me

made and satisfying and confirming this and no other to be my last Will and Tes=

=tament. In testimony whereof I have hereunto set my hand and seal this twenty

seventh day of July in the year of our lord one thousand eight hundred and

thirty seven

Andrew Heminger {seal]

The within will and testament was signed sealed and published by the

within named Andrew Heminger as and for his last will and testament

in presence of us who at his request have hereinto signed as witnesses to the

same

Ezra Davy

SamuEl Dowell

The State of Ohio Delaware County Ss.

Court of Common Pleas October term 1850 personally appeared in open

Court Ezra Davy and Samuel Dowell who being duly sworn depose and say

that the paper before them purporting to be the last Will and Testament

of Andrew Hemminger now deceased was by the said Andrew Hemminger

acknowledged published and declared to be his last Will and 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 witnesses

in the presence and at the request of the testator and in the presence of each

other.

Sworn to and subscribed in open Ezra Davy

Court this 15th day of October Samuel Dowell

A D 1850

G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 58)

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6 Levi Meredith will


Special Term of Court held at the Court House in Delaware on the 9th

day of November AD 1850 befor the Honorable O Bowen president Judge

and Almon Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Levi Meredith deceased was

produced in open Court and proved by the testimony of the subscribing

witnesses thereto as reduced to writing and it appearing to the Court that

said testator was at the time of executing the same of sound and disposing

mind memory and understanding and acting under no restraint what,

=ever. It is ordered that said will be admitted to Probate and recorded.

And it appearing to the Court that John Watson at the October term

of the Court was appointed administration on said Estate. It is there=

=fore ordered that said John Watson be appointed administrator with will

annexed on his entering into bonds with George A Peck and James

Walker his securities in the sum of Fourteen hundred dollars and that

Cyrus Longshore Squire Wheaton and Crandle Wilcox as heretofore

appointed appraise the personal property of said Estate

Trenton Sep 11th 1850

I publish and ordain this to be my last will and Testament 1st I

will and bequeath unto Mary my beloved wife all my personal

property and real Estate for her own use and benefit as long as she

remains my widow and after that Solomon Walker is to have five

hundred dollars and the rest of the propery is to ^equally be divided between

my brothers and sisters. L. Meredith

We being expressly called to witness the above will and have examined

the Testator and believe him capable of doing the same.

Witnesses Azor Saunders

George Clark


The State of Ohio Delaware County Ss

Special term of Court of Common Pleas held November 9th 1850

personally appeared in open Court Azor Saunders and George Clark

who being duly sworn depose and say that the paper before them purporting

to be the last will and Testament of Levi Meredith now deceased.

Azor Saunders being sworn deposes and says in answer to the questions put

by Mr. Finch. He was acquainted with Levi Meredith for Nos of years

and was called by said Meredith to draw his will on the 11th of Sept

1850 found him quite sick unable to sit up asked Mr Meredith for

his form book Mr Meredith to him it was not at home he set down

to write the will Mr Meredith dictating. He dictated to him to give

and bequeath to his wife Mary all his personal and real estate whilst

she remained his widow. Then to Solomon Walker $500.00 there he stoped

dictating and the will was signed and witnessed by himself and

George Clark. Mr Clark then asked Mr. Meredith what should

be done with the remainder of his property Mr Meredith I think

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Continued 7

answered Oh! I forgot that I wish the remainder to be divided between

my brothers and sisters. The witness then wrote the will now offered for

Probate. Witness further says that Solomon Walker married the niece of

the witness (Saunders) wife. Mr Meredith dictated pretty much word for

word the will as first written I then copied substantially the first paper and

then added the clause disposing of the remainder of the property. After

it was written out I read it to him and asked him if that was his will

and testament he said it was and had been for years. He then set up in bed

with the assistance of Mr Clark and signed the will and witness and

Mr. Clark signed it as witnesses in the presence of the testator. Witness says

the testator was of full age and considered at the time that he was of sound

mind and capable of executing his will and that he did it freely and

of his own accord. Cross examined by the Mr. Sweetser -- I had not seen

Mr Meredith since his sickness until called on to write the will. I think

I was in the house about three hours previous to writing the will and

in Mr Merediths presence about an hour. The only suggestion made to Mr

Meredith with regard to the will was the one made by Mr Clark I did not

see him after drawing the will for about a week I then saw him two

or three times previous to his death I there discovered that he was

a little fleighty at times, at any time by calling his attention by asking

him questions he would answer rationally

Azor Saunders

George Clark examined after being sworn. Have been acquainted with testator

for between 30 and 40 years is connected with testator by marriage. Mr Merediths

mother and his stepmother are sisters Lived about one half mile from Merediths

house. I saw Meredith brother of L Meredith the testator was married to a sister

of witness. And that John Clark brother of witness married a half sister of

testator --- Saw testator for the first week of his (the testators) illness witness

was with testator some days twice a day and most of the time once a day.

Testator was sick and confined to his bed twenty seven days and from two or three

days before the will was made witness was at the house of testator every day

and might for the purpose of seeing that he had the necessary attention

Witness further says that John Watson went for Mr Saunders at the request

of witness to draw up the will in proper form. Testator requesting Mr Saunders

being sent for at the suggestion of witness. Witness was present when Mr

Suanders arrived and when the will was written. Witness was requested by

Mrs Meredith to go into the room where Mr Meredith was and that testator

told witness that he (Testator) wanted him to write him a bit of a will

Witness replied that he did not feel capable of doing such business and

requested testator to postpone the matter till morning. Testator answered

that as he wanted but little written Witness could do it as well as any

body. Witness says that the testator insisted on the matter being finished [crossed out]

accomplished immediately. Witness replied that there was a man in the

other room who could do it better than he witness could Testator then inquired

who it was. Witness told him that it was Mr Suanders and asked tes,,

,,tator if he should ask him to come in and the testator said "Yes" Witness

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 60)

[page 60]

[corresponds to page 8 of Will Book 3]


8 Levi Meredith will

went into the other room and enquired for Mr Saunders and was told

that he had gone to Solomon Walkers. Witness then asked Mr Watson to

go and ask Saunders to come over and Saunders came over accordingly.

Mr. Saunders and witness went into room together. Witness says that

Saunders asked testator whether he had a form book as he Saunders was

not much acquainted with the forms in such matters. The wife of

Testator then searched for a book of forms belonging to testator but

it could not be found when the testator said that he had prob=

=ably lent it. Mr Saunders then proposed to go home and get

one to which the testator objected saying that he wished the matter

finished immediately. Materials were then furnished and Mr Suanders

proceeded to write the will of testator agreeably to the dication of testator

After making the bequest to his wife the testator remarked that he

wished to give Solomon Five hundred dollars (The said Solomon Walker

was a brother of Mrs. Meredith wife of testator and supposes that he lived

with testator as one of the family) Mr Saunders then turned to witness

and said I suppose he means Solomon Walker to which witness re=

=plied I suppose so Testator then said that he wanted no more written

and then said will was signed by said testator and the said witnesses. But

previous to the signing said will some conversation took place concerning the

form of the closing the will and Meredith wanted it written in the will that

they were witnesses thereto. And after said will was executed the testator

wanted the said witnesses to examine him (Testator) as to his capability of

making a will. Saunders then asked testator whether that was his last will

and testament to which testator replied that it was and that it had been for

several years Witness then asked testator what he intended to do with the balance

of his property as he had only willed Five hundred dollars of it away to which

testator replied that he had forgotten all about it. Testator then said that

he wanted the residue of his property to go to his brothers and sisters (he had no

children of his own) and suggested that the bquest to his brothers and sisters

might be interlined in the will and Mr Saunders attempted to do so but said

he could not do it to make sense of it and said that would make a new one

and went at it. Witness again says that the will was written at the dictation

of the testator. Witness says that the said will was read to the testator

by Mr Saunders previous to the signing. Upon hearing it read he remarked

as above stated that it was his will and had been for years (The paper hereto

attached and marked "A" is the paper or will spoken of as first written)

Mr Saunders then proceeded to write the paper now produced and offered

for probate as the will &c of said Meredith having the paper spoken of as

having been interlined lying before him -- Mr Saunders proposed before

writing the attestation above the names of the witnesses that they should

insert a clause that they (the witnesses) believed the testator to be capable of

making a will Witness objected to this saying that they could testify to

the fact when called on in Court. Mr Saunders however wrote said

attestation as it now is and having signed it himself witness signed

it not willingly but because the testator he knew would become excited

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 61)

[page 61]

[corresponds to page 9 of Will Book No 3]


Continued 9

if he refused as he was apt to become when his requests were not complied with

Witness thinks that said will was made when the testator was not under the

influence of any one so far as witness knows. Meredith was at the time of ma

king said will between forty and fifty years of age. Qst by Mr. Finch "Was the

testator at the time of making said will of sound and disposing mind and

memory and if you think he was not state your reasons in full for such opinion.

Ans. "I do not think that he was. Question Repeated What were your rea=

=sons for this supposition Ans. I thought that it was strange that the testator

knowing me so well and what sort of a scribe I was should ask me to do it

and upon my declining saying that he only wanted a little bit of a will

made and that I could do it as well as anybody Q- What further reason have you for

your opinion Ans - I thought strange that he should have forgotten about the ba=

lance of his property Q "What else" Think that the day the will was made

or the day before the testator wanted his friends to take him into Harlem Town-

=ship because he said he was able to go and wished to go - that he wanted to go

to John Gorsuchs Testator was not then able to sit up in bed - Testator often

said that he wished to go to Gorsuchs as he was an old friend and that he

(Testator) had often preached there Gorsuch lived seven or eight miles distance

These are all the reasons I have as I recollect previous to making said will.

Other incidents occurred about a week after making the will. A clock in ^the house

having stopped striking testator wanted witness to fix it and on witness say=

=ing that he could not do it testator replied that he could and asked

for his pantaloons said he would get up and help witness to do it.

Testator's wife asked him about a week or a little more over after the making of said

will who he wanted to settle his business when testator replied that he would

settle it himself Question by Mr. Finch, do you recollect anything the day

the will was written except what you have already stated that led you to think

that he was not of sound mind "Answer' generally every day something occurred

which led me to think that he was unmindful of his real situation from and

after the first week of his sickness witness is unable to fix upon any particular

incident which occurred that day other than as above stated the instances I refer ^to are

such as these he wanted to get up said that there was nothing the matter

with him and that his situation was good and that he could go into the

kitchen and eat as hearty a meal as any of them and that these things

more generally occurred when aroused but not always. On the evening that

the will was made he was thought by his friends to be worse and

at the time the will was executed there was a coucil of Physicians

being held in another part of the house Question by Mr Finch was the

willed signed in presence of the witnesses Answer it was read to him

and signed by him and signed by the witnesses in his presence Question

by Mr Sweetser did you hear him say anything about his business

after the will was made "Answer by witness" I did not. Have you any

interest directly or indirectly in the will or estate of testator "Answer"

he has not

George Clark

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 62)

[page 62]

[corresponds to page 10 of Will Book 3]


10

The following is the paper marked "A" referred to in a foregoing deposition

made by Clark

"Trenton Township September the 11th 1850

I publish and ordain this to be my last will and testatment I will

and bequeath to my bloved wife Mary all my personal property and real

estate for her own use and benefit for to have and to hold as long as she

remains my widow Secondly I give unto Solomon Walker five hundred

dollars and the balance of [illegible]

L. Meredith


We being expressly called to witness

this last will and testament

are witnesses of the same

Witnesses (Azor Saunders

(George Clark


Sworn to and subscribed in Open Court G W Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 63)

[page 63]

[corresponds to page 11 of Will Book 3]

,,11,,

Court of Common Pleas held in Delaware on the 21st day of February AD 1851 before the

Honorable O. Bowen President Almon Stark, Caleb Howard and Frederick Avery Associate

Judges of the Court of Common Pleas in for said County of Delaware in the State of Ohio

This day the last will and testament of John Sherman deceased was produced

in Open Court and proved by the testimony of the subscribing witnesses

thereto ^and others as reduced to witnesses and the Court after hearing the

testimony therein as per file do order that said will be admitted

to probate and recorded. And the Court further order that

Samuel Shoemaker be appointed Administrator with the will

annexed. Said Administrator is ordered to enter into bonds in the

sum of Seventy five hundred dollars with Jacob Shoemaker,

Seth Slack and Samuel Eckles as security or any two of them

at the direction of the Clerk. And it is further ordered that

E L Gavit Robert McGonigle and Thomas Barton appraise

the personal property of said Estate.

"In the name of the Benevolent Father of All

I John Sherman of the County of Morrow in the State of Ohio

do make and publish this my last Will & Testament

First that my just debts be paid out of my personal property

Second That I give and bequeath unto Adam Shearman in

Oxford Township of the County of Delaware & State aforesaid

all my personal property after paying said debts. Also a lot

of land in said Delaware County. All the balance of Lot No 12.

excepting what I sold to Henry Lamb & Sherman Finch/

in 18 Range US School lands_I also bequeath unto

Alvah Shearman all the land I own in Lot No. 18 in the above

18th Range US Military School lands in Morrow County Ohio

Bounded on the West I Jacob Shoemaker on the South Thomas

Barton & on the North by Joshua Hodge. with all the improvements

and appurtenances belonging- I do hereby revoke all former wills by me made-

In testimony whereof I have set my hand and seal

this 9th day of February 1851." John Shearman

Signed.Sealed & acknowledged as his last Will testement

in our presants & Signed by us in his presants

Alvah Patee

Geo. S Pennell

The State of Ohio Delaware County

Court of Common Pleas Special Term Feby 21st 1851.

Personally appeared in open Court Alvah Patee Geo S

Pennell J H McNeely and Jonathan Nichols who being

duly sworn were examined as follows with regard to the paper

purporting to be the last Will & testament of John Shearman decd

"Alvah Patee of Delaware County being duly sworn as herein after

certified deposed and says as follows.. "S Finch atty for deceased

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 64)

[page 64]

[corresponds to page 12 of Will Book 3]

"12"

QueS. "Did you Sign your name to that paper now handed

you pruporting to be the Will of John Sherman'

"AnS _ Yes"

"QueS" Did you see the testator John Sherman sign it with

his own hand"

AnS "I did"

QueS" Who reduced that will to writing

AnS" I did

QueS" Who were present beside yourself at the time the Will

was written and signed"

"Ans" Esq Pennell was there part of the time I was writing

and when it was signed

Ques,, " Who else was there"

AnS" P L Green was there part of the time but whether all the

time I cannot say. as folks were going out and in

Ques" What members of the testators family were in the

room when you were reducing the will to writing

Ans. I cant say that I can recollect the names of all that

were there a part of the time the most of then were there

and then they would be out. Adam I think was there"

Ques" "Was this will read over to the testator before he signed

it & if so by whom

"Ans "It was. by myself

Ques." Who told you how to write it

Ans,, The testator

Ques" What did he say when you read it to him

Ans" He said it was correct

Ques,, What time of day was it. 'tis dated the 9th day of

February. Was that the time it was written

Ans,, Yes Sir

Ques'' Was it before Noon or after

Ans, Along near Noon

Ques" Was he of full age

Ans Yes Sir

Ques" Have you any knowledge or reason to believe that

there was any improper influence acting on the testator or was

he under any restraint

Ans" I dont think there was. He told me several times that

he wanted me to write his will & how he wanted it written & I

wrote it as he has previouslyv& at the time told me

Ques" Was the testator in your opinion at the time he executed the

Will of sound & disposing mind memory or not"

"Ans. "I think he was. I saw nothing but what was perfectly

sane. He seemed particular & careful in signing it in this that

when the ink ran out he filled up the pen & finished his name

He was at the time talking to his boys. and to George he said some

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 65)

[page 65]

[corresponds to page 13 of Will Book 3]
"13"

thing about a yoke of oxen & other matters of buisness at the time

the Will was signed. His conversation as to matters of business

[illegible] a sane State of mind

"Ques. " Had you seen him within the last few days before you

wrote the Will

Ans" I had seen him once before and Wm Sherman shook

hands with me

"Ques. "When you saw him did you see anything but what was perfectly sane?

Ans " I did not"

Ques" Did you sign that will in the presence of the testator

and in the presence of the other witness"

Ans " I did

Ques " Did he sign it in your presence"

Ans " He did

Ques " Were any physicians there at the time you was"

Ans " I think there was not at the time I was Dr. White

perhaps was there the same day"

W.P. Reid Esq as Atty contests the will in behalf Patsy Sherman

John Sherman Jr,, & the unknown heirs of John Sherman,

F Finch Atty for deceased objects that Patty Sherman &

John Sherman Jr are not heirs of John Sherman & are not

interested & further objects to Mr,, Reid's appearing for the

unknown heirs of John Sherman deceased because he has

not been employed by them"

"Mr,, Patee Cross examined

Ques" How long have you known John Sherman deceased

Ans" I think about twenty five years. I can't say exactly

Ques " "Where has he resided during this time"

Ans. "At different places. Most of the time near the place

of his death

Ques " At whose house was Mr,,Sherman at the time he made

this will

Ans. "At the house of his son John Sherman Jr,, "

Ques. "How long previous to this time had John Sherman

decd been a dissipated man"

Ans. "He has made frequent & almost constant use of

intoxicating liquors for the last ten or twelve years or more

for two or three years past than before I never saw him down

drunk but a little intoxicated frequently-I know that he gen-

-erally kept liquor & he has frequently offered it to me

Ques "How many other children had he raised there that he

recognized as his own children besides Adam and Alva.

Objected to by S Finch

Ans " "There were more children raised by him but I cannot say

that he recognized them all as his own children. The day he signed

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 66)

[page 66]

[corresponds with page 14 of Will Book 3]

,,14,,

the will there was some dissatisfaction murmered by

some of them, and he told them that he did not know that

any of them were his children and indeed before that I had

heard him say something similar

Ques" "But at times did he not recognize them all as his

children"

Ans " I don't recollect that I ever heard him say that he

recognized them all as his children_ I have heard him say

that he did not recognize them all as his children [these three words stuck out] but I know

they all lived there together as other families

Ques" When you heard him deny those children was his

mind not in a frenzied state from drunkeness or other cause

Ans" There appeared to be some irritation of his mind when

he was in liquor he was out of humor frequently & boisterous

Ques" How old is his youngest child

Ans " I cant say exactly, but some 8 or 10 years old,

under fourteen anyhow_her name is Elizabeth Sherman

Ques "When was this will written

Ans. "February 9th 1851 on Sunday

Ques " Who came after you to get you to write that will

Ans " I can't recollect who came, but I think it was Adam

one of the devisees at that time

Ques " Did not he appear before this time very anxious to get

the old man to make a will_did he not speak to you about it

Ans " All I know about it was that he called on me to go and

write it_ I think I went along with him. or soon after

Ques" After you got to the house where old man Sherman lay-

who told you first how to write this will

Ans" Mr. Sherman told me that he wanted the will so wrote as

to give Alva the homestead & Adam all the personal property

& the balance of the lot near town from which Miss. Finch &

Lamb bought a piece. While I was writing the old man gave

me the number of the lots_ the deeds were not there. and

I only put in the township name & number of the lot according

to the old man's direction

Ques " Was the old man very weak at the time you wrote the will

Ans " No, he sat on the edge of the bed some half hour & ate Some

thing

Question " At the time he made the will was hw as well as he was

that day the day before and after

Ans " The day before he was not as well as that day & the next

day & the next day he was not so well as on that day

Quest " Who sent for Mr Pennell to come there & witness the will

Ans " I can't say. I think he came to my house & I went with

-at the time the will was written

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 67)

[page 67]

[corresponds to page 15 of Will Book 3]

,,15,,

Ques" "Who asked you teo witnesses to attest that will"

Ans " "I can't say that any body did. but being employed to write

the will. I considered it a part of my duty. So I signed it as a

witness & hand it to Mr. Pennell & he signed it"

Ques " When did he die

Ans " The Friday morning following the Sunday I wrote the

Will

Ques " Did John Sherman the testator see you sign the will

Ans "He did the will was on his lap and I signed it there

immediately after the testator did. Whether Mr. Pennell signed

it while in his lap I cant say

Ques" "After the will was signed, did you not make a

Slight alteration by punctuation of something or other

Ans " I did not"

Ques "Who dictated the will "

Ans. "The decd" John Sherman

Ques" Who told you to write. "In the Benevolent Father of all"

Ans. No one"

Ques " Who told you to put down "I john Sherman do

make & publish this my last will & testament

Ans "No one" the formal part of the will I put down myself

Ques " Did he say anything to you about putting in the clause

of "paying his debts out of the personal property"

Ans " I don't recollect whether anything was mentioned

about it. I put it in as a clause that is usually put in. and

after it was in I read it to him & he said it was correct"

Ques. "Who directed you to have the will say. "I give and

bequeath to Adam Sherman in Oxford township the County

of Delaware & State aforesaid all my personal porperty after

paying said debts"

Ans " It was told by Mr Sherman that Alva was to have

the homestead & that Adam was to have the personal prop=

=erty & the piece of land near town- Mr. Sherman gave me

Ques" Did Mr. Sherman give you yhe number of the lots

range etc "

Ans" He gave me the number of the lots " I know the

Range & Township-the Section I did not know, and the

deeds not being there, they did not know it

Ques "Who directed Sherman to get up & sign his name to the

Will

Ans " No one" He was up & sitting on the side of the bed

I laid the will on "Swan's Treatise" & laid it in his lap & he

signed it

Ques " After this will was written did you not write another one

or two- Ans" I wrote another one next day & the circumstances

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 68)

[page 68]

[corresponds to page 16 of Will Book 3]

16

under which it was made are these. I recollected of hearing

Mr. Sherman before that time say that he has a lawful

daughter who had been married to a Mr. Gladcock, so thinking

that the will I had already written would not be good unless

that daughter was provided for. I spoke to Adam about it

and it was agreed that I had better write another will which

I did. and Adam told me that the old man said to put in a

a legacy of $5.00 to this daughter, but the next day the old man

had a bad spell and it was not presented to him. He did not

seem to be much worse mentally but physically-I then

heard that the daughter was dead and thinking it was not

necessary to provide for her heirs and the old man having a fainting

spell, thr new will was not presented to him for his signature

Ques " Dont you know that at thr time the will was written & signed

that the old man was intoxicated and that he had a jug of liquor under the bed-

was he not intoxicated. and that he had a jug of liquor under the bed

was he not intoxicated

Ans " I did not know of any thing of the kind

Ques " Don't you know that John Sherman has been an

habitual drunkard for the last three or four years

Ans "I know that he has been in the habit of drinking-but

I never saw him down drunk. I never saw him so high but

what he would trade & traffic but he always done it with a

different air & more talk"

Ques. " Don't you know that for several years past that

Adam has had more influence on him than any of the rest

of the family

Ans " "He always thought more of Adam than any of the boys

and had more confidence in him but whether he had more influence

over him or not than the rest of the boys I cannot say perhaps

he had"

Ques " When Sherman was under the influence of liquor was

he not very abusive to his family & use the most opprobrious

epithets toward them and others

Ans " When any body crossed him, he was displeased & would

tear away pretty rapidly"

Ques,, "How old was he when he died

Ans " About 65"

Ques. How many years was he dissipated

Ans." He drank some for 10 or 12 years but more for 2 or 3

years past than before

Ques " How long was he confined to his home before he died

Ans " I was at home only a few days before he died & therefore

cant say "

Re examined as to last answer

Ques " Was Mr. Sherman the testator & the woman he lived

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 69)

[page 69]

[corresponds to page 17 of Will Book 3]

with & mother of their children reputed to be man & wife or as far

as your knowledge extends do you know them to have been such

or did they ever claim to have been lawfully married

Ans,, I was understood for some 20 years that they were not married

I recollect of hearing that he talked about binding the children out

& she said she had never [sworn?] them on him. At another time I heard

that they had a difficulty and she threatened to sue him for

her wages-it was generally understood in the neighborhood that

they had never been married"

Objection to question & answer

Ques Do you not know that they were recognized as man &

wife in the Neighborhood Aid not respectable folks visit them

& did they not visit respectable folks in the Neighborhood"

Ans " They were considered not as man & wife but lived together

as man & wife-I dont know that they ever visited anybody.

I have been there myself frequently"

Ques " Dont you know that the reason Mrs Sherman talked

of leaving him was that he was an abusive man toward her"

Ans_ They both claimed the other was to blame - folks generally

however considered him to blame "Some contended otherwise

Ques. Don't you know that the reason the old man thought

most of Adam was because he took sides with hom when the

old lady & man would get into disputes

Ans. No. I dont know_I believe Adam would trust the old

lady with his money in preference to the old man & further saith not

,,A. Patee.

Also George S Pernell of Delaware County being duly Sworn

as hereinafter certified, diposes as follows

Ques" Were you acquainted with John Sherman late of Oxford

Tp,, in this County"

Ans " I was "

Ques "Were you present when John Sherman Signed the paper

just handed you as his will

Ans. " I was I saw him write his name to it." and signed it

as a witness in his presence and in the presence of the other

witness Mr. Patee. I heard Mr. Patee read the will to Mr.

Sherman. I heard him give his assent to the will. I dont

recollect the words he used but he expressed his consent. He was

under no restraint of full age of sound & disposing mind &

memory "

Cross Ex-

Ques " How long have you known Mr. Sherman "

Ans " About 8 months

Ques " Ever since you have been acquainted with him, has

he not been universally regarded as an habitual drunkard "

Ans" As fas as my acquaintances goes. I think he has been

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 70)

[page 70]

[corresponds to page 18 of Will Book 3]

,,18,,

considered a man who used too much intoxicating liquor "

Ques. "Is it not generally considered in the neighborhood that

he was in the habit daily of using too much intoxicating liquor

Ans " I cannot say, as my acquaintance in the neighborhood

is not very extensive "

Ques " Mrs sent for you, or who spoke to you about witnessing

the will

Ans " Mr Green spoke to me about it first in company with

Adam Sherman the divisee "

Ques" Did any one request you to sign the will as a Witness

Ans " No one in direct words. After Patee signed it he handed

it to me in the presence of Mr. Shherman and I also signed it

Ques " You were not acquainted with Mr. Sherman before

you went to attest the will, were you;

Ans" About 8 motnhs I had been acquainted with him-I

saw him quite frequently

Ques,, "Did he appear to have the same strength of mind that

he had before

Ans "I think he had

Ques" Did Sherman at the time he signed the will have the

same degree of strength of mind that he had before & after

Ans "So far as I am able to judge he had the same degree of

strength of mind that he had during my former acquantanse

with him. As to the state of his mind a day or two afterwards

I am not so well satisfied as to its sanity. And further this

deponent saith not" Leo S Pennell

Also James H McNeely of Morrow County Ohio

being first duly sworn deposed as follows

Ques" "How long have you known Patsy Sherman & John

Sherman decd "

Ans " Ever since I can remember, brought up in the same

County in Va,,

Ques " How old are you"

Ans " Fifty years last Sept"

Ques " How were John Sherman & Patsy Sherman regarded

in 1814 or thereabouts"

Ans " About 1814 or 15 they ran off to Maryland to get married

as was said, but whether they did or not I cant say.

Ques" After this elopement did they not go to his mothers

in Virginia in the same County and there lived & were they not

considered as man & wife

Ans" I was there at their house and they lived together as Man &

Wife, & it was generally considered that they lived together as man &

Wife, but I cannot say whether they were man & wife or not

Ques" Have you not been acquainted with them ever since that

time" Ans,, "I have been in their house often. I have lived in

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 71)

[page 71]

[corresponds to page 19 of Will Book 3]


"19"

their immediate neighborhood with the exception of 3 or 4 years

for 23 years

Ques" Have they not always been recognized by their neighbors

as Man & Wife, have they not been visited by their neighbors &

visited them

Ans" The neighbors called him Mr. Sherman & her Mrs Sherman

but whether or not they thought they were married or not I cant say

The children were all called Sherman & their was a large family

of them. The respectable families, their neighbors, have been

there at weddings & I have been there

Ques has not John Sherman been an habitual drinker for years

Ans " As a general thing he would drink more or less liquor

every day

Ques " A year or two previous to this death, did he not use

a great deal of liquor-was he not in the habitual use of a

great deal of liquor "

Ans " It was generally considered so in the neighborhood"

Ques "How long before his death had you seen him

Ans "I saw him the day before he died & a week or two before

he made his will "

Ques "What in your opinion was the condition of his mind

at these times "

Ans " I did not speak to the day before he died, he was so

deranged_the time I called before he made the will, I

did not think he was the same John Sherman as he used to be

I did not think he talked with the same rationality that he

had formerly when he was well & hearty_Whether it was

from opium or disease I cannot say_the reason I

mentioned opium is that he told me that he had been

using opium to quiet pain-from his conversation I came

to the conclusion that he was not of so good judgment as

formerly- I dont say that he was insane-He said he wanted

to live until Adam got back from California-that he

wanted to sell all his property to Adam, and that he would

take his obligations & that when he thought he was going to

die he would burn them up

Ques " Do you know whether or not when you visited him

he had a jug of whiskey at the head of his bed

Ans " I cant say

"Cross .Ex"

Ques" At the time he went from Virginia to Maryland to

get married as was thought, was it not generally understood

that he had a wife that he did not live with"

Ans " I believe that was the case. I heard such talk"

Ques" Have you not heard that Sherman was not married

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 72)

[page 72]

[corresponds to page 20 of Will Book 3]

,,20,,

to the woman he lived with when he died

Ans " I have heard Sherman say that they were not married

but heard her say so_ the general opinion was that

they were not married & further this deponent Saith not"

P.A.McNeely

"Also Jonathan Nichols of Delaware County being first

duly sworn deposes as follows

Ques" How long have you known John Sherman & Wife

Ans" About 30 years"

Ques " Have they lived during that x together as man & wife

& been so regarded"

Ans " They have until within a few years"

Ques "Did you marry one of the daughters of these two persons"

Ans' I did "

Ques" At whose house were you married"

Ans " John Shermans"

Ques " At whose consent did you get this daughter in marriage "

Ans "By the consent of John Sherman & Patsy Sherman "

Ans "Has old Sherman been a troublesome man-very abusive

Ques " He has " & further this deponent Saith not"

Jonathan Nicholas

Subscribed and Sworn to in open Court this 21st day of

February AD one thousand Eight hundred and fifty one

G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 73)

[page 73]

[corresponds to page 21 of Will Book 3]

John Curren decd. Will,, 21

Plea held at the Court House in Delaware, in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark, Caleb Howard and

Frederick Avery his associates, Judges of the Court of Common

Pleas in and for said County & State on the 22nd day of March

AD 1857.

"This day the last will & testament of John Curren decd,,

was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing. And it

appearing to the Court from said testimony, that said testator

was at the time of executing the same of sound & disposing

mind & memory and acting under no restraint whatever

It is ordered that said Will nad testamony be recorded"

Which Will & proof are as follows to wit

" In the name of the Benevolent Father of All

I John Curren of Delaware County State of Ohio do make

and publish this my last will and testament

Item First "I will that my legacy in my father Joseph

Currens deceased Estate leighing being in the County of

Delaware and State of Ohio, containing between twenty two

and twenty three acres of land be sold and my funeral expenses

and legal debts be paid, and the residue of the money be equally

divided amongst my several children to wit Mary Curren

Martha Curren, Susannah Curren, John Curren and

Synthe Ann Curren- Item Second. I will my Woman saddle

to my daughter Mary Curren, and one bed and bedding to

my daughter Martha Curren, One Bed & bedding to my daughter

Susannah Curren, and one bed and bedding to my daughter

Synthe Ann Curren- Item third. I do hereby nominate

and appoint Stephen Curren and Silas H Cleveland

Executors of this my last Will and testament hereby

authorizing and empowering them to compromise, adjust,

release and discharge in such a manner as they may deem

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

and empower them, if it shall be necessary in order to pay my debt

to sell by private sale or in such a manner upon such terms of

credit or otherwise as they may think proper, all or any part of

my real estate, and deed to purchases to execute, acknowledge

and deliver the same in fee simple

In testimony whereof I have hereunto set my hand and Seal this

twenty second day of February in the year Eighteen hundred and

fifty one" John Curren Seal

"Signed and acknowledged by John Curren as his last will and

testament in our presence and signed by us in his presence

"James Brown, Silas H Cleveland, Robert Curren

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 74)

[page 74]

[corresponds to page 22 of Will Book 3]

22.

The State of Ohio Delaware County SS.

Court of Common Pleas March Term AD 1851

Personally appeared in open Court, James Brown and

Robert Curren, who being duly sworn dispose and say that

the papers before them purporting to be the last will and

testament of John Curren now deceased, was by the said

deceased acknowledged, published and declared to be his

last will and 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 varily believe-that they subscribed the

same as witnesses on the presence and at the request of

the testator and in the presence of each other "

James Brown

Robert Curren

Sworn to and subscribed in open Court this 20th day of March AD 1851

G.W. Stark Clerk




Evan Evans decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associate Judges of the Court of Common Pleas

within aforesaid County in the 22 day of March AD 1851.

"This day the last will & testament of Evan Evans decd

was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing, and

it appearing to the Court from such testimony, that the

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

disposing mind and memory and acting under no restraint

whatever. It is ordered that said will and testimony be recorded

"Which will and proof are as follows to wit

"I, Evan Evans of Radnor Township in the County of Ohio

Delaware and State of Ohio do make and publish this my

last will and testament in manner and form following , that

is to say- First, it is my will that my funeral expenses and

all my just debts he fully paid-Second- I gave, devise and

bequeath to my beloved wife Mary Evans in lieu of her

dower the plantation on which we now reside, situated in

Radnor Township being surveyed off of west end of Lot

No 6 in Range No 20, Township No. 6. and Section No 4

US Military lands in said County & State, being the same

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 75)

[page 75]

[corresponds to page 23 of Will Book 3]

23

tract of land formerly owned by John Jones, Mason. Also

all my personal property of every description during her

natural life - Third I give and devise to my eldest son

Robert Evans the farm above described, his heirs and assigns

in fee simple forever, at the death of my said wife

Fourth. All my personal property at the death x my wife

Mary Evans to be divided equally between my grandson

Evan Roberts and my daughters Elizabeth Thomas, Sarah

Evans, Ann Evans, and Margaret Evans. provided that

they pay my son William Evans the sum of Five dollars

Also my daughter Mary Hughes the sum of Five dollars

And lastly I hereby constitute and appoint my wife said

Mary Evans to be the Executor of this my last will and

testament recording and annulling all forms 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 Sixth day of August

AD 1850. " Evan Evans [seal]

Signed, sealed, published and declared by the above named

Evan Evans as and for his last will and testament in

presence of us who at his request have signed our names

as witnesses to the same " John T Rowland

Abraham Lloyd

The State of Ohio In Court of Common Pleas

Delaware County ss March Term 1851

Appeared in open Court John T Rowland

and Abraham Lloyd who being duly sworn upon their oaths

depose and say that they were well acquainted with Evan

Evans in his lefetime, lete of the said County now deceased

and that the paper now here produced purporting to be the

last Will and testament of the said Evan Evans hearing date

the 6th day of August 1850 was on the day of the date thereof

Signed, published and declared by the said Evans as his said

Will & testament- That the said Evans then and there in the

preence of these deponents as witnesses signed the same, and

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

other signed their names severally thereto as witnesses_That the

said Evan Evans was then of Sound mind & memory and acting

under no restraint, and was then of about Seventy years of age

Abraham Lloyd

John T Rowland

Sworn to and subscribed before me in open Court March 20 ~ 1851

G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 76)

[page 76]

[corresponds to page 24 of Will Book 3]

24 James Alexander decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associate Judges of the Court of Common Pleas

in and for said county on the 22" day of March AD 1851.

"This day the last will and Testament of James Alexander

decd was produced in open Court and proved by the testimony

of William Darst one of the subscribing witnesses thereto

as reduced to writing / the other witness thereto Ralph

Davenport having since deceased/and it appearing to

the Court from said testimony that the testator was at the

time of executing the same of sound and disposing mind

and memory and acting under no restraint whatever

It is ordered that said will and testimony be recorded

which will and testimony are as follows to wit

"August the 11th 1841, I, James Alexander of Troy Township

in the County of Delaware in the State of Ohio, do make

this my last will and testament,, viz.- First, My will is

that all my lands and tenements goods and chattels, notes

bonds and moneys may be equally divided to and among

the following persons as heirs in Succession except to that is herein after

provided viz-First, one fifth part to be equally divided

between my daughter Jane and her daughter Mariah Willey

Secondly one fifth part paid to my daughter Margaret

Thirdly one fifth part paid to my daughter Ann

Fourthly one fifth part to my daughter Sarah

Fifthly one fifth part to be equally divided between my

grandson James B Alexander and John Alexander, heirs

of John Alexander deceased, in case they shall both live, but

in case one should survive the other, then the aforesaid fifth

part I bequeath to the survivor"

Signed, Sealed and declared by the said testator as and for his

last will and testament in the year of our Lord 1841

In presence of us James Alexander [Seal]

William Darst

Ralph Davenport,,

"The State of Ohio Delaware County ss,,

Court of Common Pleas March Term AD 1851

Personally appeared in open Court William Darst one of the

subscribing witnesses to the last will and testament of James

Alexander deceased / the other being dead/who being duly sworn

deposes and says that the paper before him purporting to be the

last will and testament of James Alexander now deceased

was by the said deceased acknowledged, published, and declared

to be his last will and testament in the presence of said deponent

that the said deceased was of lawful age, that he was sound

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 77)

[page 77]

[corresponds to page 25 of Will Book 3]

25

and disposing mind and memory, and under no restraint as

he verily believes, and that he subscribed the same as witness in

the presence and at the request of the testator

William Darst

Sworn to & Subscribed in open Court this 15th day of March AD 1851

G.W. Stark .Clerk.

John Bury dec. Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard, and Frederick

Avery his Associate of the Court of Common Pleas in

and for said County and state on the 22nd day of March

AD one thousand Eight Hundred and fifty

"This day the last will and testament of John Bury decd

was produced in open Court and proved by the testimony of the

Subscribing witnesses therrto as reduced to writing, and it appear-

-ing to the Court from said testimony that said will was duly

executed and attested and that the testator was at the time

of executing the same of sound and disposing mind and

memory and not acting under any restraint, it is ordered

that said will and testimony be recorded_ Whereupon Henry

Stith the Executor in the will named being a witness to the same

in an open Court relinquished his right to act as Executor, and

thereupon on application the Court appointed Anna Bury the

Widow Administratrix with the will annexed- It is therefore

ordered that Letters testamentary be granted her upon her witnessing

into bonds in the sum of Thirty four Hundred dollars, with

Henry Stith and Amos Utley as security. And it is further,

ordered that Daniel D. Stith. John Thomas and George Clark

appraise the personal property of said Estate"

Much will and testimony are as followed to my

"I John Bury 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 devise and bequeath to my

beloved wife Anna Bury in lieu of her dower, awl the house,

=hold and kitchen furniture and there unto appertaining... Also the

sorl mare and the Buggy and Harness and the lead cow.

Also Three Hundred dollars in money at her disposal

Fourth_ I give and devise to Sarah Nelson, the wife of

Elias Nelson the some of Fifty dollars after the death of Anna

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 78)

[page 78]

[corresponds to page 26 of Will Book 3]

Bury_Fifth I give and devise to Joseph Caufman, the

some of One Hundred dollars to be death of Annah Bury

my wife_Sixth I give and devise to Jacob Bury

an Anis, the some of One Hundred and twenty five dollars

after the death of Annah Bury my wife- Seventh, I give

and devise to Mary L Johnson daughter of John Johnson

the some of Fifty dollars after the death od Annah Bury

And lastly I hereby constitute and appoint Henry Stith 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 hereunto set

my hand and seal this 8th day of February in the year of

our Lord 1851. " John Bury [seal]

Signed, published and declared by the above named John Bury

as his and for his last will and testament in the presence of

as who at his request have signed the same as witnesses to the

same " James D Stith, Henry Stith

" Be it known that I Henry Stith do here in open Court

decline acting as Executor of the above will which resignation

is accepted by the Court, March 18 1851

Henry Stith,,

"The State of Ohio Delaware County SS.

Court of Common Pleas March Term 1851

Personally appeared in open Court James D Stith and Henry

Stith who being duly sworn depose and say that the paper

before them purporting to be the Last Will and testament of

of John Bury now deceased, was by the said John Bury

acknowledged, published and declared to be his last will and

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 witnesses in the presence and

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

James D Stith

Henry Stith

Sworn to and subscribed in open Court this 18th day of March AD 1851

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 79)

[page 79]

[corresponds to page 27 of Will Book 3]

Edmond Cockrell decd Will 27

Pleas held at the Court House in Delaware in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark, Caleb Howard and

Frederick Avery his Associate Judges of the Court of Common

Pleas within and for said County and State on the 22d day of

March AD One thousand and Eight hundred and fifty one

"This day the last Will and testament of Edward Cockrell

decd was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing, and it

appearing to the Court by said testament that said will was

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

time of Executing the same of sound and disposing mind and

memory, and acting under no restraint whatever. _It is

ordered that said Will and testimony be recorded_Whereupon

Anna Cockrell the Executrix in said will named. appeared in

open Court and signified her acceptance of the trust of executing

said will_ It is therefore moved that letters testamentary be

granted her upon her entering into bonds in the sum of Eight

Hundred dollars with James Cockrell and Elam Blain as

security. And it is further ordered that Relief Adams, Byron

Jenkins and Bierce Roberts appraise the personal property of

said Estate"

Which will and testimony are as follows to wit

"In the name of the Benevolent Father of All

I Edward Cockrell of x Township of Harlem of the County of

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

Will and testament_Item 1,st. I give and devise to my

beloved wife inlieu of her dower the farm on which we now reside

situate in Range Sixteen/16/ Section Second/2/Township

three/3/ in the County of Delaware Ohio, containing about

thirty acres during her natural life, or so long as she remains

my widow, and all the stock, Horses, Housesold goods, fur=

niture, provisions and other goods and chattels, as many

Cows as she may require for her support which may be therein

at the time of my decease, during her natural life as aforesaid

She however selling so much thereof as may be sufficient to

pay my just debts. At the death of my said wife, the real

Estate aforesaid and such part of the said personally property
x
or the proceeds thereof as thay then remained unconsumed and

unexpended _ I give and devise to my children Elizabeth

Edwards, Sarah Mullen, Susannah Polten, Mary Jane

Edwards, James Monroe Cockrell, Dianna Green Nancy

Patterson, Lucinda Cockrell, Malinda Cockrell, Martha Cockrell

Mary L Cockrell and their heirs forever

Item 2nd, I do hereby nominate and appoint my beloved wife of

Guardian of my daughters, Lucinda Cockrell, Malinda Cockrell

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 80)

[page 80]

[corresponds to page 28 of Will Book 3]

28

Martha Cockrell and Mary S Cockrell until the said

Lucinda Cockrell, Malinda Cockrell, Martha Cockrell &

Mercy Cockrell arrive at the age of Eighteen years

or intermarries_ but in case my wife should again marry her

guardianship of said children shall cease and determine upon

her intermarriage_ In testimony where of I shall have hereunto

set my hand and seal this twenty Eighth day of February in

the year of Our Lord One thousand Eight Hundred and fifty

one " his
Edward x Cockrell [seal]
mark


Signed and acknowledged by said Edward Cockrell

as his last Will and testament in our presence and

signed by us in his presence " George Titus

John Miller

"I do hereby certify that the word "Chattels" on the thirteenth

line was made before the signing and acknowledging of the this

will._ this twenty eighth day of February 1851.

Elam Blain J.P.

The State of Ohio Delaware County SS.

Court of Common Pleas March Term 1851.

Personally appeared in open Court George Titus and

John Miller who being duly sworn depose and say, that

the paper before tham purporting to be the last will and

testament of Edward Cockrell now deceased was by the

said Edward Cockrell acknowledged published and

declared to be his last will and 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 witnesses in the presence and at the

request of the testaator and in the presence of each other

John Miller

George Titus

Sworn to and Subscribed in open Court this 18th day of March 1851

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 81)

[page 81]

[corresponds to page 29 of Will Book 3]


Parthenia Coulter decd Will 29.

Pleas held at the Court House in Delaware in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark Caleb Howard and

Frederick Eager his Associates, Judges of the Court of Common

Pleas within and for said County and State on the Nineteenth

day of March AD one thousand Eight hundred and fifty one

"This day the last will and testament of Parthenia Coulter

decd was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing, and

ordered to be recorded

"In the name of the Benevolent Father of all

"I Thena Coulter of Genoa Township, and of Delaware

County and State of Ohio do make and publish this my

last will and testament_ First: It is my will that my

just debts and all charges be paid out of my Estate

Item. I give and devise all the residue of my estate to Samuel Coulter my

husband, to be to him and his heirs forever

Item I make and appoint the said Samuel Coulter

Executor of this my last Will and testament-

In testimony whereof I have hereunto set my hand and Seal

4th day of November in the year 1850"

her
Parthenia x Coulter [Seal]
mark

Signed and acknowledged by said Thena Coulter as

her last Will and testament in our presence and signed by

us in her presence. " Matthew Conklin

Thomas Jones

"State of Ohio Court of Common Pleas

Delaware County March Term 1851

In open Court personally appeared Mathew

Conklin and Thomas Jones who geing duly sworn upon their oaths

depose and say, that they well knew Parthena Coulter decd in

her life time, that the paper now here produced in open Court

hearing date November 4 1850 and purporting to the last will

and testament of said Parthenia Coulter, was on the date thereof

signed, published and declared by her said Parthenon as her last

will and testmane in the presence of these deposents. That

these deponents saw the said Pathena sign the said will

and that these deponents at her request, in her presence and in the

presence of each other signed their names thereto as witnessed

That the said Pathena Coulter at the time there of was of sound mind

and memory, of about the age of forty Six years and acting under no

restraint and further say not "
Matthew Conklin

Thomas Jones

Sworn to & subscribed in Open Court March 19th 1851

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 82)

[page 82]

[corresponds to page 30 of Will Book 3]

30 Lewis Dulin decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias

Bwen President and Almon Stark, Caleb Howard

and Frederick Avery Esph his Associates, Judges of the

Court of Common Pleas within and for said County and

State on the twenty Second day of March AD one thousand

Eight hundred and fifty one

"This day the last will and testament of Lewis Dulin decd

was produced in open Court and proved by the testimony of

the subscribing witnesses thereto as reduced to writing

and it appearing to the Court from said testimony that the

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

disposing mind amd memory and not acting under any

restraint. It is ordered that said will and testimony be

recorded. Whereupon John Latham and Edward Dulin

the Executors in said will named appeared in Court and

signified their acceptance of the trust of executing said will

It is therefore ordered that letters testamentary be granted

to them upon their entering into bonds in the sum of

Four Hundred dollars with William Warner and

John Clark as Security, and it is further ordered that

Isaac Ortz, William Stone, and Peter Ollum

appraise the personal property of said Estate "

Which will and testimony are as follows to wit

"Know all men by theos presant that I Lewis Dulin of

Concord Township, Delaware County and State of Ohio

retaining the full power and facalties of my mind and in

my Haraper Sences do declare this to be my last will and

testement, and by theas preasent apinte John Latham

and Edward Dulin my Executor to attend to my effects

I do in this my last will order and derect them to pay my

funeral expenses, and the expences of my last sickness together

with my doctors bill. and to settle all of my lawful and honest

debts. and after the above is fully complied with. I then will and

bequeath the remainder of my effects to be the same more or less

to each of my children that is living at the time of my Deiss

shear and shear alike withe the exception of any misc that

I will and beqeath to my daugher Lucindy wife of Travis Latham

Also I will and bequeath to my daughter Sarah wife of William

P B Bowling my Buro or the price of it- given under my hand and

Seal this Twenthy day Ninth of May, One thousand Eight hundred

and fifty in the presents of before I cloase this will I apinte my

Executor to apraise all of my house goodes and other property

at cash prices an destribute among my childeren as

bests Soutes thir condisans and as the can agree best an concerning

the matters. Signed and Sealed in preascents of " Lewis Dulin

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 83)

[page 83]

[corresponds to page 31 of Will Book 3]

31

William Warner. Francis Baker. Cyaenas Strobridge "

The State of Ohio Delaware County SS.

Court of Common Pleas March Term 1851

Personally appeared in open Court William Warner & Francis

Baker who being duly sworn depose and say that the paper

before them purporting to be the last will and testament of

Lewis Dulin now deceased was by the said Lewis Dulin

acknowledged, published and declared to be his last will

and testament 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 witnesses in the

presence and at the request of the testator and in the presence

of each other " William Warner. Francis Baker

Sworn to an subscribed in open Court the 19~ day of March AD 1851

G.W. Stark Clerk



Mary Slentz decd Will



Pleas held at the Court House in Delaware . Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark. Caleb Howard and Frederick

Avery his associate Judges of the Court of Common Pleas

within and for said County and State on the Twenty first day

of March AD onethousand Eight hundred and fifty one

"This day the last will and testmanet of Mary Slentz decd

was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing and it appearing

to the Court by said testimony that the said will was duly attested

and executed, and the said testatrix at the time of executing

the same was of sound and disposing mind and memory

and not under any restraint. It is ordered that will and

testimony be recorded. Whereupon John High the Executor

in said will named and signified his acceptance of the trust

of executing said Will_It is therefore ordered that letters

testmentary be granted him upon his entering into bond

int eh sum of Three Hundred dollars with John Wolfley and

John Lugenbeel as security. and it is further ordered that William

Mansur, D.F. Mc Cullough and William D Heim appraise

the personal property of said Estate "

Which Will and testimony are as follows to wit

" In the name of the Benevolent Father of all,,

I Mary Slentz of the County of Delaware and State of Ohio do

make and publish this my last will and testament- First

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 84)

[page 84]

[corresponds to page 32 of Will Book 3]

32

I give and devise to my beloved child Daniel Wesley

Slentz. all the portion, interest, claims, franchises, demands

& Share and balance coming to me from the Estate of my

father Benjamin High deceased with the exception herein after

mentioned. the same to be his & his heirs & a forever. It is my

wish that the same Shall come to him as above stated at the

final settlement of my Fathers Estate. whether the same

shall interest &, should become due me in money at the

Settlement of my Father Estate. Their in that case Tappert

& hereby empower my brother John High to receive the same

and invest it in the best possible manner in such way that

it shall draw interest yearly, which shall annually be

placed in as principal for the coming year. which Shall be

done annually at the age of Twenty one years. when it shall with

the accumulation be paid over to him as his own property.

If my said child Daniel Wesley Slentz die before he arrives

at majority on or before my death, then I devise and bequeath

franchise. share.aforesaid to my seven brothers & Sisters

now living in case of their death to their heirs forever.

Second. I devise and bequeath to my Sister Lydia Cowgill

Thirty dollars_ this is in consideration of her kind and atten=

=tive treatment during my present Sickness & is given to

express my gratitude for the same said thirty dollars to be paid

out of first funds coming to me from my fathers Estate

Thirdly . In case of the death of my son Daniel Wesley, I do

bequeath & devise with my nephew Andrew Pope High/son

of John High/ the sum of Fifty dollars. the balance to pass

to my seven brothers & sisters in equal shares_ I do hereby

nominate and appoint John High Executor for this my

last will and testament whom I request shall fully carry

out the direction of this instrument

In testimony whereof I have hereunto set my hand and seal

this twelfth day of September in the year of our Lord One

thousand Eight hundred and fifty" Mary Slentz [Seal]

Signed Sealed and acknowledged by said Mary Slentz as her

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

presence _ William P Reid , John Wolfley .

The State of Ohio Delaware County SS

Court of Common Pleas March Term 1851

Personally appeared in open Court WP Reid & John Wolfley

who being duly sworn deposed and say that the paper before

them purporting to the last and testament of Mary Slentz, now

deceased. was by the said Mary Slentz, acknowledged, published

and delared to be her last will and testament in the presences

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 85)

[page 85]

[corresponds to page 33 of Will Book 3]

33

of these deponents_ that the said deceased was of lawful age,

she was of sound and disposing mind and memory, and

under no restraint as they verily believe_ that they subscribed

the same as witnesses in the presence and at the request of the

testator, and in the presence of each other " W P Reid

John Wolfley

Sworn to and subscribed in open Court this 19~ day of March AD 1851

G.W. Stark Clerk



Michael Pentony decd "Will"



Pleas held at the Court House in the Town of Delaware

Delaware County and State of Ohio before the Honorable

Ozias Bowen President. and Almon Stark, Caleb Howard

and Frederick Avery his Associates . Judges of the Court of

Common Pleas within and for said County and State at their

June Term AD One thousand Eight hundred and fifty one

"This day the last will and testament of Michael Pentony

decd was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing appeared

and ordered to be recorded"

Which will and proof are as follows to wit

" In the name of God 'Amen " _ I Michael Pentony of

the Township of Thompson and County of Delaware and State

of Ohio being of sound mind and memory / blessed by almighty

God for the same/do make and publish this my last will

and testament _ I give and bequeath to my beloved wife

Sarah Ann all my personal property. ALso all my real Estate

during her natural life. At her decease to be given and devised

to my children - I also give and bequeath to my brother Stephen

Pentoney Thirty dollars to be received out of my father Micahel

Pentoney's Estate - I do also appoint my brother Stephen Pentony

guardian for my children in regard of my father Micahel Pentony's

Estate of that portion which falls to me- I do nominate and

appoint my beloved wife Sarah Ann to be the sole Executrix

of this my last Will and testament_ In testimony whereof

I have hereunto set my hand and seal and published and decree

this to be my last will and testament in presence of the witnesses

named below this 28th day of March in the year of our Lord

one thousand Eight hundred and fifty one

Michael Pentony [seal]

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 86)

[page 86]

[corresponds to page 34 of Will Book 3]

34

Signed, Sealed, delcared and published by the said

Michael Pentony as and for his last will and testament

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

and in the presence of each other have subscribed our names

as witnesses hereto " H T Cunningham

Jacob Freyman

The State of Ohio Delaware County SS

Court of Common Pleas June Term AD 1851

Personally appearing in Open Court, H T Cunningham &

Jacob Fryman who being duly sworn depose and say that

the paper before them purporting to be the last will and

testament of Micahel Pentony now deceased was by the

said Michael Pentony acknowledged, published and declared

to be his last will and 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 witnesses

in the presence and at the request of the testator, and in the

presence of each other " H T Cunningham

Jacob Freyman

Subscribed to an Sworn in open Court this 10th day of June AD 1851

GW Stark Clerk




Robert Carpenter decd Will



Pleas held at the Court House in Delaware in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark, Caleb Howard & Frederick

Avery his Associates Judges of the Court of Common Pleas

within and forsaid County and State on the fourteenth day of

June AD one thousand Eight hundred and fifty one

"This day the last will and testament of Robert

Carpenter decd was presented in open Court and proved by

the testimony of the subscribing witnesses thereto as reduced

to writing approved and ordered to be recorded"

which will and testimony are as follows to wit

"I Robert Carpenter of Berkshire Township. Delaware

County State of Ohio. negin of sound mind and memory do make

and devise this my last will and testament in manner aforesaid

as follows to wit_ First of all I commit my Soul to God that

gave it through the Lord Jesus Christ, my body to be

deacently buried hoping for a happy resurrection

at the Great Day- I giv and bequeath to my Son Thomas

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 87)

[page 87]

[corresponds to unnumbered page 35 of Will Book 3]

F Carpenter the East part of my farm that I now liv upon, say

One Hundred and Six acres, the resadue on the West I give and

and bequeath to my Daughters Lucy E Carpenter and

Mary A Carpenter containing Sixty five acres- I give

and bequeath to my beloved wife Philena the use of the one

half of the One hundred and Six acres willed to my x T F

Carpenter during her natural life. Also she is to have the

use of of the one half of the house I now ocupy , my wife to

have an equal share of the personal property after debts

are paid. I further appoint Rufus Carter & Philena Carpenter

my wife as Executors of my Estate and empower them to settle

and pay all claims against my Estate, and receive what

dues may be coming and to inable to do so. to sell all

my personal property, and after paying debts and funeral

charges the residue of my personal property to be eaqually

divid between my children. The House hold furniture, Beds

& Bedding I wish that there be an equitable division between

my wife and daughters _In witness whereof I have set

my hand and Seal this fourtheenth day of July 1850

Robert Carpenter [seal]

Signed & Sealed in presence of " E Brown

Allen M Lane

" I Robert Carpenter have herby saw fit to add by way of

Codisil to my last will and testament that is I will to

my two daughters the right of way of a Rode running from

the mane Road liaing from North and South so that they may

have acess to and from the lands I have willed to them Said

right of was to be on the north side of my farm

Also I will that my two daughters have the entire controle

of the North room in my House for them to ocupy as they

may think best and proper as long as they may wish to al

low In Witness whereunto I have set my hand and Sele

to this my last will and testament April the 23rd in the

year 1851 " Robert Carpenter [seal]

Signed in presence of

Allen McLane

Rufus Carter

State of Ohio Delaware County SS

In the Court of Common Pleas for said County June Term

1851. Appeared in open Court Ezekiel Brown Allen McLane

and Rufus Carter who being duly sworn, depose and say as

follows. Said Brown & Mc Lane say that the paper here

produced bearing date the fourteenth day of July 1850 pur-

-porting to be the last will and testament of Robert Carpenter

/now deceased/ was at the date thereof signed by the said

Robert Carpenter and then & there published and declared

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 88)

[page 88]

[corresponds to page 36 of Will Book 3]

36

as such at his at his residence in Berkshire Township

in said County in our presence. and the said Brown & Allen

then and there in his presence at his request and in the presence

of each other Signed their names thereto as witnesses- that the said

Robert Carpenter at the time thereof was of sound mind and

memory and acting under no restraint. And the said Allen

McLane and Rufus Carter as to the Codicil on the said

Will written bearing date April 23rd 1851, was in their presence

signed by said Robert Carpenter and by him published and

declared as an addition to his said will at the date thereof

and that they at his request in his presence and in the presence

of each other Signed the same as witnesses thereto, and at the

time thereof the said Carpenter was of sound mind & memory

and acting under no restraint, and further say not

E Brown

Allen Mc Lane

Rufus Carter

Sworn to in open Court June 10th AD 1851

G.W. Stark Clerk





William Warrington decd Will




Pleas held at the Court House in the Town of Delaware

in the County of Delaware and State of Ohio before the

Honorable Ozias Bowen President, and Almon Stark, Caleb

Howard and Frederick Avery his Assocaites Judges of the

Court of Common Pleas within and for said County and State

on the fourteenth say of June AD One thousand Eight hundred

and fifty one.

This day the last Will and testament of William Warrington

decd was produced in open Court and proved by the testimony

of two of the subscribing witnesses thereto as reduced to writing

approved and ordered to be recorded"

which will and proof are as follows to wit

"I William Warrington sent,, of the State of Ohio in Delaware

County do make this my last will and testament in manner

and from following that is to say- First it is my will that my

funeral expenses and my just debts be fully paid _ Second I

give, devise, and bequeath to my oldest Son John Warrington One

dollar, also to my daughter Mary Hamilton one dollar- Also

to my daughter Sarah Mershon one dollar. Also to my Son

William Warrington one dollar- Also to my daughter Julian

Weaver One dollar. Also to my son Casmere G Warrington One

dollar. Third I give devise and bequeath to my loving and

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 89)

[page 89]

[corresponds to unnumbered page 37 of Will Book 3]

affectionate wife the farm on which we now live and reside

situate in the County of Delaware and State of Ohio containing

Forty seven acres. Also all my personal property in dores and

out while she remains my widow. After that I give devise and

bequeath to my youngest daughter Charlotte Paul Warrington

all my seal and personal property and to her heirs forever

If she dies without lawful heirs of her body, then it is my will

that Casemore G Warrington shall have my real Estate of the

farm I now live on by paying Julian Weaver One hundred

dollars" In testimony whereof I have hereunto set my hand

and Seal this thirty first day of May one thousand Eight

hundred and fifty, annulling all other wills by me made

Wm Warrington [seal]

"Signed by the above named William Warrington Senr for his

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

have signed as witnesses to the same" James Dodds

Joseph Dodds

Sarah Dodds

"Delaware County SS_ In the Court of Common Pleas

June Term 1851

James Dodds and Joseph Dodds being Sworn in open

upon their oaths depose and say that the paper now here

provided dated the thirty first day of May AD 1850 and

purporting to be the last will & testament of William

Warrington (now decd) was on the day of the date thereof

signed declared and published by the said William Warrington

as his last Will and testament, in the said County of Delaware

in the presence of these witnesses. And that these deponents

their at his request and in his presence of each other, signed

their names thereto as witnesses_ That the said William

Warrington was then of sound mind and memory and

acting under no restraint_ and further say not

James Dodds

Joseph Dodds

Sworn to & Subscribed in open Court June 14th 1851

G.M.Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 90)

[page 90]

[corresponds to page 38 of Will Book 3]

38. John Brown decd _Will


Pleas held at the Court House in the Town of Delaware

in the County of Delaware and State of Ohio before the Honorable

Ozias Bowen President, and Almon Stark, Caleb Howard and

Frederick Avery, his Associates, Judges of the Court of Common

Pleas within and for said County and State on the Twenty first

day of October AD One thousand Eight hundred and fifty one

This day the last will and testament of John Brown decd

was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing- and it appearing

to the Court that the testator at the time of executing the same

of lawful age, of aound and disposing mind, memory and

understanding, and acting under no restraint it was ordered

that the same be recorded.- And it is further ordered that

Robert Ferguson the Executor in said Will named/who

appeared in open Court and accepted said trust /enter in to

bonds in the sum of Twelve hundred dollars, with William

Johnson and Daniel Maxwell as Security - and that

Joseph Potter, Jonas Waldron and Benjamin Benedict

appraise the personal property of said Estate "

Which said will and proof is as follows to wit

In the name of God, Amen. I John Brown of the Township

of Kingston in the County of Delaware in the State of Ohio, being

weak in body but of sound mind and memory, blessed be Almighty

God for the same, and considering the uncertainty of this transitory

life, do hereby make and ordain this my last will and testament

in manner and form following/To wit/


1st I bequeath my soul to God who gave it, and my body

to the dust from whence it was taken to be buried in a decent

and Christian like manner. And as to such wordly property as

it has pleased Almighty God to bless us with, after my debts

and funeral expenses are paid, it is my will that it be disposed

of as follows /To wit/ 1st I give and bequeath to my beloved wife

Polly Brown out of my personal property all my household

and kitchen and cupboard furniture, including beds and bedding

and one hundred dollars in money to dispose of at her option

excepting one mantle clock, one Rifle gun, one copper kettle

and one double coverlet.

2nd I give and bequeath to my daughter Nancy, wife of Lewis Lott

Twenty five dollars in addition to who she has got

3rd I give and bequeath to my son Joseph Brown in addition to

what he has heretofore got the sum of one dollar

4th I give and bequeath to my son John W. Brown in addition to

what he has already got the sum of One hundred dollars

5th I give and bequeath to my son James H Brown in addition

what he has already got the sum of Twenty five dollars

6th I give and bequeath to my grand daughter Mary Catherine

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 91)

[page 91]

[corresponds to unnumbered page 39 of Will Book 3]

Randolph the sum of Twenty five dollars

7th I give and bequeath to my son William Brown in addition to what

he has already got, the sum of Twenty five dollars

8th I give and bequeath to my grandson Wilber Lot the sum of

Twenty five dollars

9th I give and bequeath to my son Lemander H Brown in addi-

-tion to what he has already got, the sum of One hundred dollars

10th I give and bequeath to my daughter Harriet wife of John

Rogers in addition to what she has already got, the sum of Ninety

dollars and our large copper kettle.

11th I give and bequeath to my son Wesley Brown in addition

to what he has already got, the sum of Three hundred dollars

and one double coverlet

12th I give and bequeath to my son David Brown with whom

I now reside in addition to what he has heretofore got, the sum of

Fifty dollars

Lastly I nominate, constitute and appoint Robert Ferguson

to be the Executor of this my last will and testament this

Twenty second day of December One thousand Eight hundred

and forty Eight" John Brown [seal]

Signed Sealed and acknowledged by the testator in the presence of us

Daniel Maxwell

Katherine Decker

The State of Ohio Delaware County SS,

Court of Common Pleas October Term 1851

Personally appeared in open Court Daniel Maxwell &

Catherine Decker who being duly sworn depose and say that

the paper before them purpoting to be the last will and

testament of John Brown now deceased was by the said

John Brown acknowledged published and declared to be his last

Will and 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 witnesses in the

presence and at the request of the testator and in the presence of

each other Daniel Maxwell

Katherine Decker

Sworn to and subscribed in Open Court this 21 day of October AD 1851

G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 92)

[page 92]

[corresponds to page 40 of Will Book 3]

40 Joseph Klinker decd Will

Pleas held at the County House in the Town of Delaware

in the County of Delaware and State of Ohio before the

Honorable Ozias Bowen President and Almon Stark, Caleb

Howard and Frederick Avery his Associates, Judges of the

Court of Common Pleas within and for said County and State

on the Twenty first day of October AD One thousand Eight

hundred and fifty one

"This day the last will and testament of Joseph Klinker

decd was produced in open Court and proved by the testamony of

Luff S Hull one of the subscribing witness thereto as reduced

to writing. /SS Winsor the other subscribing Witness there to

being absent/And it appearing to the court that the testator was

at the time of executing the same of lawful age, sound and

disposing mind, memory and understanding, and acting under

no restraint. ['it was ordered that the same be recorded' scratched out]

"And after and on the twenty fifth day of October AD One

thousand Eight hundred and fifty one, the following order

was had and entered to wit

"this day appeared in open Court Stanton S Winsor one of

the subscribing witnesses to the last will and testament of

Joseph Klinker decd / the testimony of Luff S Hull the other

subscribing witness having already been taken at this term

and makes oath that the said Joseph Klinker was at the time

of executing said will of sound and disposing mind and memory

of lawful age, and acting under no restraint whatever. It is

ordered that the said testimony be received and said will ordered to

be recorded.

"Which will and proof as follows to wit

In the name of God- I Joseph Klinker of the County of

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

Will and testament

1st It is my will that all my funeral expenses and legal debts

be fully paid

2nd I give and bequeath to my wife Mary Klinker is lieu

of her dower the use of the Home farm on which I now reside

so long as she shall remain my widow. Also one old sorrel

mare, Buggy, and Buggy harness. Two Cows, Eight Sheep,

and all my household and kitchen furniture_, Except Two beds,

Bedstead and Bedding.

4th I give to my son Joseph Klinker, the three year old dun

mare_ the smallest Sorrel yearling horse colt, one Bed Bedding and

Bedstead.

5th I give unto my two Sons, Mathias and Joseph Klinker equally

all my real estate_

6th It is also my will that my personal property not otherwise disposed

of shall be applied to the payment of my just debts.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 93)

[page 93]

[corresponds to page 41 of Will Book 3]

41

Lastly, I do hereby nominate and appoint my son Joseph Klinker

Executor of this my last will and testament, hereby authorizing and emp=

owering him to compromise, adjust, release and discharge in Such manner

as he may deem proper, the debts and claims due me. I also authorize

and empower him 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 he may think proper, all or any part of my Real Estate and

deeds to purchasers to execute acknowledge and deliver in fee Simple._

In testimony whereof I have hereunto set my hand and Seal this 12th

day of August in the year of our Lord one thousand Eight hundred and

fifty one. Joseph Klinker [Seal]

Signed and acknowledged by Said Joseph Klinker as his last will and

testament in our presence and Signed by us in his presence.

S.S. Winsor

L.S. Hull


The State of Ohio Delaware County SS

Court of Common Pleas October Term AD 1851

Personally appeared in open Court Luff S. Hull who being

duly sworn deposes and says that the paper before him purporting

to be the last will and testament of Joseph Klinker now

deceased, was by the said Joseph Klinker acknowledged and

published and declared to be his last will and testament

in the presence of this deponent and one S S Winsor the other

witness to said will- that the said deceased was of lawful age

that he was of sound and disposing mind and memory and

under no constraint as he verily believes-that he subscribes the same

as witness in the presence and at the request of the testator and of

S.S Winsor the other subscribing witness thereto who is now absent

from the State of Ohio " L.S. Hull

Sworn to and subscribed in Open Court this 21st day of October

AD 1851 _ GW Stark, Clerk.

The State of Ohio Delaware County SS

Court of Common Pleas, October Term AD 1851

Personally appeared in open Court Stanton S Winsor who

being duly sworn deposes and says that the paper before him

purporting to be the last will and testament of Joseph

Klinker now deceased was by the said Joseph Klinker ac-

=knowledged publishes and declares to be his last will and

testament in the presence of the deponent and Luff S Hull

the other witness thereto, that the deceased was of lawful

age under no restraint as he verily believes, and that said

Luff S Hull & Stanton S Winsor Subscribes the same

as witnesses in the presence and at the request of the testator

and in the presence of each other " SS Winsor

Subscribed and sworn to in open Court this 29th day of October AD 1851

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 94)

[page 94]

[corresponds to page 42 of Will Book 3]

42 Andrew Young decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associates, Judges of the Court of Common Pleas within

and for said County and State on the Twenty first day of October

AD One thousand Eight hundred and fifty one

" This day the last will and testament of Andrew Young 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. And thereupon came Samuel Carver

and George W Wells, the Executors in said Will names and

accepted said trust whereupon it is ordered that said Executor

enter into bonds in the sum of Four hindred dollars, with

Lewis Searles and E Westervelt as Security. And it is

further ordered that Hurlburt Scoville G. B Carpenter

and John Nelson appraise the personal property of said

Estate"

" I Andrew Young in 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 devise and bequeath to my

beloved wife P Young in lieu of her dower the plantation on

which we now reside containing Fifty acres during her natural

life, and all the live stock, horses and cattle, Sheap, hogs &

by me now ownd and keep thereon. Also all the Household furniture

and other items not particulary named and not 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

or mariage 2 thirds of the landed property hereby devised or

bequeathed to my sister Polly Carver & her ares and assigns

forever living in Luzen County State of Pennsylvania, Kingston

and likewise I give to my brother Elijah Young all the book

account I have against him amd nothing more. And lastly

I hereby constitute and appoint George W Wells and Samuel

Carver Esq. to be the Executors of this my last will and testament

revoking and annuling all former wills by me made &

ratifying and confirming this and no other to be my last will and

testament in testimony whereof I have hereunto set my hand

this 21st day of May in the year of our Lord 1851. _ Signed

published and declared by the above named A Young as and for

his last will and testament in presance of us who at his

request have signed as witnesses to the same. "Andrew Young'

attest Jeremiah Ellinwood

Jeremiah Buell

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 95)

[page 95]

[corresponds to page 43 of Will Book 3]

43


The State of Ohio Delaware County SS

Court of Common Pleas October Term 1851.

Personally appeared in open Court Jeremiah Ellinwood & Jeremiah

Buell who being duly sworn depose and say that the paper before

them purporting to be the last will and testament of Andrew Young

now deceased was by the said Andrew Young acknowledged

published and declared to be his last will and 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 Witnesses in the presence of and at the request of

the testator, and in the presence of each other

Jeremiah Ellinwood

Jeremiah Buell

Sworn to and subscribed in open Court this 21st day of October

AD 1851 G.W. Stark Clerk

________________________
John Williams dec'd Will
________________________


Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President, and Almon Stark, Caleb Howard and Frederick

Avery his Associates, Judges of the Court of Common Pleas within

and for said County and State,- on the Twenty fourth day of October

AD One thousand Eight hundred and fifty one

This day the last will and testament of John Williams

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. And thereupon William Williams and

Otho Williams the Executors in said Will named appeared

in open Court and accepted said testamoney- Said Executors are

ordered to enter into bonds in the sum of Ten thousand dollars

with Benjamin F Loofburrow and Benjamin Ely as Security

And it is further ordered that Samuel C Weeks, Joseph Russell

and Thomas Lavender appraise the personal property of said

Estate. The widow of said deceased electing to take under said

Will as per file

"In the Benevolent Father of All

I John Williams of the township of Thompson Delaware

County Ohio do make and publish this my last Will and testament

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

funeral expenses be first paid out of my estate."

Item 2nd I give and bequeath to my oldest daughter Angeline

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 96)

[page 96]

[corresponds to page 44 of Will Book 3]

44

Findley wife of George Findley Four Hundred dollars in

money in addition to what she has already received

Item 3rd I give and bequeath to my second daughter

Elizabeth Six hundred dollars in money

Item 4th I give and bequeath to my daughter Ann Eliza

Six Hundred dollars in money

Item 5th I give and bequeath to my daughter Nancy Elen

Six hundred dollars in money

Item 6th I devise and bequeath to my two sons Otho Williams

and John W Williams and their heirs forever the farm on

which my son John now resides. Situated in Range '20'

Tp. 6. Sec 3 lots 14 & 15 being in Radnor Tp and known

as the Fulton farm, containing about one hundred and

Eighty three acres subject to the restrictions and incumbrances

herein after mentioned.

Item 7th I give and devise to my beloved wife Anne Williams

in lieu of her dower the use of the farm on which we now reside

situate in Thompson Township, County aforesaid. Known as the

Hoskins farm, containing about Two hundred and five acres

during her natural life subject to the restrictions and conditions

herein after mentioned, and I give her all the household goods

kitchen furniture that may be in the place at the time of my death

and I give her two head of horses, four milk cows and twenty

head of sheep. at the death of my said wife the real Estate

aforesaid I give and divise to my sons Zara C Williams and

Clark E Williams and to their heirs forever in equal proportions

and if either or any of my four sons should die without issue the

real Estate devised in the will to him or them shall go to my other

surviving sons and their heirs forever, and in case my said wife

should again marry, she shall in that event be endowered of one equal

third part in value of said Hoskins farm, and the remaining two thirds

go immediately to my sons Zara & Clark It is my desire that

all the personal property not bequeathed to my said wife consisting

of farming utentials, horses, cattle and other stock & so forth be kept

on the farm for the support and maintance of the family and for the

purposes hereinafter mentioned until any youngest child is of age

and then to be divided as follows, to wit, one third to my wife, and

the residue to be equally divided between my said sons. If my wife

should not survive me, then I devise the Haskins farm to my two

sons Zara & Clark and their heirs forever.

Item 8th It is my desire that my said farms should remain

undivided and not be sold in any event until my youngest child

comes of age- and for the purposes of enabling my wife and sons

to pay off the legacies and bequests made in items 2,3,4 & 5, and said

farms from being sold they shall be paid at the time and in the manner

following to wit ' The bequest made in item 2 to my daughter

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 97)

[page 97]

[corresponds to page 45 of Will Book 3]

45

Angeline shall be paid in two years after my death. The bequest

made to my daughter Elizabeth in item 3 shall be paid in four years

after my death, and the bequests made in items 4 & 5 shall be paid

to my daughter Anneliza & Nancy Ellen as they respectively

come of age unless they should be able to pay them off sooner in

which case it is my desire that it should be done-It is my desire

further that my said farms should be worked and cultivated in

common by my family under the supervision of my wife as long

as she remains my widow and sons Otho and John until said legacies

are paid. And they are hereby authorized to sell all surplus produce

raised upon said farms not needed for the support and maintance

of my wife and family including my afflicted son Zara, and

all live stock not needed for carrying on the business of farming

from time to time as they may deem advisable. My unmarried

daughters are each to have in addition to the legacies bequeathed

them in legacies items 3,4, & 5 to be paid in the same manner

as they respectively come of age, each one side saddle,

one cow, one bed and bedding, one set of chairs, one Bureau

& so forth.

Item 9th I do hereby nominate and appoint my beloved wife

Guardian for my minor children until they respectively arrive

at full age or should marry. And I do hereby enjoin my said

Guardian to give my said children a good English education and

to rear them in habits of industry and inculcate upon them as

far as may be the duties of Christianity.

Item 10th. I do hereby nominate and appoint my brother

William Williams and my son Otho Williams Executors of this

my last will and testament, hereby authorizing and empowering

them to compromise, adjust, release and discharge in such manner as they

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

empower them if it Should become necessary in order to pay my debts or the

legacies provided for in this will to sell by private sale or in such manner as

they may think proper so much of my real estate as may be necessary for

the purposes aforesaid and execute deeds in fee simple to purchases & so forth,

and in case it Should be necessary to sell real estate for the purposes afore

=Said it shall be in such manner and upon such conditions as to bear equally

upon my four Sons.

I do hereby revoke all former wills by me made. In testimony whereof

I have hereunto set my hand and Seal this 30th. day of May AD 1851.

Signed and acknowledged John Williams [seal]

by said John Williams as

his last will & testament in

our presence._

Nicholas Jones

Jedediah Allen

James R Hubbell

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 98)

[page 98]

[corresponds to page 46 of Will Book 3]

46

Whereas I John Williams of Thompson Township

Delaware County Ohio on the 39th day of May AD 1851, made

my last will and testament of that day do hereby declare the

following to be a codicil to the same

Item 1st I do hereby grant and bequeath to my three sons Zara

C. Otho and Clark E Williams the property real and personal

bequeathed and devised to my son John W Williams now

deceased to be equally divided between them

Item 2. I give and bequeath to Elizabeth Williams widow

of my deceased son John W Williams Fifty dollars to be paid

in the same manner the legacies are to be paid to my daughters

as provided in my said will to be paid by my said Executors

to her when she may nee the same. And I desire that she Should

live in the family and also be supported and maintained in the same

manner as my own children as supported as long as she remains

the widow of my said son John W Williams and should choose

to do so. And if said Elizabeth Williams Widow aforesaid should

have a posthumous child the son or daughter of the said John

W Williams and live to the age of 7 years, in that case I give

and bequeath to the same Three hundred dollars to be paid

when the child arrives at the age of seven years aforesaid in the

same manner as provided for the payment of the other legacies

made in this

Item 3. I do hereby authorize my said Executor to rent, lease

or sell any or all of the Real Estate divided by this will and execute

leases or deeds of conveyance for the same as the case may be

whenever it should be deemed advisable to do so by the

adult members of my family. In testimony whereof I

John Williams have hereunto set my hand and Seal this 13th

day of September AD 1851. John Williams

Signed and acknowledged by said John Williams as a codicil to

his last will and testament in our presence and signed by

him in his presence" J R. Hubbel

Samuel C Weeks



The State of Ohio Delaware County SS

Court if Common Pleas October Term 1851.

Personally appeared in open Court James R Hubbell and

Jedediah Allen who being duly sworn depose and say that the

paper before them purporting to be the last will and testament of

John Williams now deceased was by the said John Williams

acknowledged as published and declared to be his last will and

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 was they verily believe

that they subscribed the same as Witnesses in the presence and at

the request of the testator, and in the presence of each other

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 99)

[page 99]

[corresponds to page 47 of Will Book 3]

47

"J R. Hubbell J. Allen." Sworn to and subscribed in open

Court this 20th day of October AD 1851

The State of Ohio Delaware County SS

Court of Common Pleas, Oct Term 1851.

Personally appeared in open Court James R Hubbell and Samuel

C Weeks who being duly sworn depose and say that the paper

before them purporting to be a codicil of the last will and testament of

John Williams now deceased was by the said John Williams

acknowledged published and declared to be his last will and

testament in the presence of these deponents, that the said

deceased was of lawful age, that he was if sound and disposing

mind and memory and under no restraint as they verily believe

that they subscribed the same as witnesses in the presence and

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

J R Hubbell

Samuel C Weeks

Sworn to and subscriber in open Court this 22nd day of October

AD 1851 G.W. Stark Clerk




________________________________________________________________
Frederick Browmiller decd Will
________________________________________________________________

Pleas held at the Court House in Delaware, Delaware

County and the State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associates Judges of the Court of Common Pleas

within and for said County and State on the Twenty second day

of October AD One thousand Eight hundred and fifty one

This day the last will and testament of Frederick Browmiller

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

"In the name of God Amen. I Frederick Browmiller of the

County of Delaware in the State of Ohio being of sound and dis-

=posing mind and understanding considering the certainty of death

and the uncertainty of the time thereof, and being desirous to settle

my wordly affairs and thereby be better prepared to leave this

world when it shall please God to call me home, do therefore

make and publish this my last will and testament

First and principally I commit my soul into the hands of

Almighty God and my body to the Earth to be decently buried

at the discretion of my Executor herein after mentioned and

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 100)

[page 100]

[corresponds to page 48 of Will Book 3]

48

after my just debts are paid I devise and bequeath as follows

Item 1 I give and devise unto Barbara my wife all my

personal property both real and personal and mixed

to have and to hold during her natural life

Item 2 At the death of my wife I wish my property to be

divided equally among my legally heirs upon condition of their

supporting my Daughter Sarah During her life If not I Devise unto my

Daughter Sarah a support out of my real estate as long as she shall live

And lastly I do hereby appoint my son Reuben to be my sole Executor of

this my last will and testament revoking and annulling all former wills by me

made ratifying and confirming this and none other to be my last will and testament

In testimony whereof I have hereunto set my hand and affixed my seal

this 9th day of April 1851

Signed in the presence of is as

witnesses at his request Frederic Browmiller [Seal]

Basil Lugenbeel

George Neff

The State of Ohio Delaware County SS

Court of Common Pleas October Term 1851.

Personally appeared in open Court Basil Lugenbeel & George

Neff who being duly sworn depose and say that the paper before

them purporting to be the last will and testament of Frederick

Browmiller now deceased was by the said Frederick Browmiller

acknowledged published and declared to be his last will and

testament in the presence of these deponents, that the said deceased

was of lawful age, that he was of sound and disposing mind and

the same as witnesses in the presence and at the request of the testator

and in the presence of each other " Basil Lugenbeel

George Neff

Sworn to and subscribed in open Court this 22nd day of October AD 1851

G.W.

________________________________________________________________________

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 101)

[page 101]

[corresponds to page 49 of Will Book 3]

Samuel Jones decd Will 49

Pleas held at the Court House in Delaware. Delaware County

and State of Ohio before the Honorable Ozias Bowen President

and Almon Stark, Caleb Howard and Frederick Avery his assocaites

Judges of the Court of Common Pleas within and for said County and

State on the Twenty first day of October AD one thousand Eight

hundred and fifty one

"This day last will and testament of Samuel Jones desd was

produced in open Court and proved by the testimony of the subscribing

witnesses thereto as reduced to writing, which was approved and ordered

to be recorded"

And on the Twenty fifth day of October AD One thousand Eight

hundred and fifty one the following order was had and entered

herein to wit

"On application ordered that George Copper be appointed

Administrator with the will annexed- Said Administrators as

ordered to enter bonds in the sum of Three thousand dollars

with John Cook and John Adams as security- And it is

further ordered that Daniel Hunt, Jonathan Batesonand

Jacob Fetters appraise the personal property of said Estate

"In the name of the benevolent father of all, I Samuel

Jones of the township of Harlem, County of Delaware and

State of Ohio, do make and publish this my last will and testa=

=ment

Item 1st I devise and bequeath to my son Jonathan Jones and

my daughter Racheral Jones and their heirs, the farm on which I now

reside, situated in Section Second- township three, Range Sixteen

United States Military Land containing Fifty three acres of land

it being in Harlem Township. Delaware County Ohio during

their natural lifes.

Item 2nd I devise and bequeath to my son Jonathan Jones and

my daughter Rachel Jones, one half of all Stock, household

goods, furniture, provisions, excepting the clock and Burrough

I devise and bequeath to my daughter Rachel Jones and other

goods and chattels which may be thereon at the time of my

decease during their natural life as foresaid they however selling

so much thereof as may be sufficient to pay my just debts, the

said Jonathan Jones and Rachel Jones is not sell nor convey

to any persons the above mentioned farm which I now devise

and bequeath to the above children, at the death of my said son

Jonathan Jones and Rachel Jones, the real Estate aforesaid

and such part of the personal property or the proceeds thereof

as may be then remain unsold and unexpended. I give and devise

to my two daughters Margaret Jones and Catherine Jones and

their heirs

Item 3rd I devise and bequeath to my two daughters Margaret

Jones and Catherine Jones and grand daughter Sarah Linnaberry

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 102)

[page 102]

[corresponds to page 50 of Will Book 3]

50

and one half of all my stock household furniture provisions

and other goods and chattels which may be thereon at the time

of my decease during their natural life as forsaid
x

Item 4th I devise and and bequeath to my daughter Elizabeth Adams

and heirs one dollars

Item 5th I devise and bequeath to my sons William Jones his

heirs one dollars

Item 6 I devise and bequeath to my son Samuel Jones Jr

his heirs one dollars

Item 7th I devise and bequeath to my son Michael Jones his

heirs Twenty dollars to be paid by Jonathan Jones and Rachel

Jones, but the said Michael Jones is not to push for his

dower, and if he will push them, the above Twenty dollars

is to be null and void _

In testimony whereof I have hereunto set my hand and seal

this third day of July in the year of our Lord One thousand
his
Eight hundred and fifty one" Samuel x Jones [seal]
mark

Signed and acknowledged by said Samuel Jones as his last

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

presence" Samuel G Copper

Edward Hartrum

The State of Ohio Delaware County SS

Court of Common Pleas Oct,, Term AD 1851

Personally appeared in open Court Samuel Copper &

Edmond Hartrum who being duly sworn depose and say that

the paper before them purporting to be the last will and

testament of Samuel Jones now deceased was by the said

Samuel Jones acknowledged published and declared to be

his last will and testament in the presence of these deponents that

the said deceased was of a 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 witnesses in the presence

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

Samuel G Copper

Edward Hartrum

Sworn to and subscribed in open Court this 21st day of October

AD 1851 GW. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 103)

[page 103]

[corresponds to page 51 of Will Book 3]

Lewis Williams decd Will 51

Pleas held at the Court House in Delaware, Delaware County

and State of Ohio before the Honorable Ozias Bowen President

and Almon Stark, Caleb Howard and Frederick Avery Esqs

his Associates Judges of the Court of Common Pleas within and

for said County and State on the Twenty first day of October AD

One thousand and Eight hundred and fifty one

This day the last will and testament of Lewis Williams

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, and thereupon Jane Williams Widow of

said deceased and John Humphrey the Executor in said will named

having declined acting as per file ordered that Lewis Williams

and be appointed Adminstrator with the will annexed of said Estate

said Administrator is ordered to enter into bonds in the sum of One

thousand dollars with Abraham Lloyd and Edward Baines

as security_And it is further ordered that Edward Watkins,

Morris Barnes and William Ward appraise the personal property

of said Estate_ and said widow elect to take under said will

as per file

In the name of God Amen

I Lewis Williams of Radnor township in the County

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

last will and testament in manner and form following

that is today_ First it is my will that my funeral expenses

and all my just debts be fully paid_ Second I will and

bequeath to my wife Mary Williams the farm I now reside

on Situate in Township and County and State aforesaid during her

lifetime also all the Stock and personal property belonging to

me during her lifetime to me during her life time_Third I give devise

and bequeath to my son Lewis Williams the farm I now reside

on situate in Radnor Township Delaware County Ohio

after the death of my wife Mary. Fourth I give devise and

bequeath to my eldest daughter Jane Gibson to be paid in

Three years after the death of my wife Mary by my son Lewis.

Fifth I give devise and bequeath to my youngest daughter

Mary one hundred and fifty dollars to be paid by my son Lewis

in Six years after the death of my wife Mary-Sixth I give devise

and bequeath to my son Lewis all my personal property after the

death of my wife Mary

And lastly I do hereby constitute and appoint my friend John

Humphreys to be 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 and Seal

this 1st day of August AD 1851

Lewis Williams

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 104)

[page 104]

[corresponds to page 52 of Will Book 3]

52.

Signed published and declared by the above named

Lewis Williams as and for his last will and testament in

presence of us who at his request have signed as witnesses

to the same " John Humphreys

Abraham Lloyd


The State of Ohio Delaware County SS

Court of Common Pleas October Term 1851

Personally appeared in open Court John Humphries and

Abraham Lloyd who being duly sworn dipose and say that

the paper before them purporting to be the last will and testament

of Lewis Williams now deceased, was by the said Lewis Williams

acknowledged published and declared to ge his last will

and 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 the subscribed the same as witnesses in the

presence and at the request of the testator and in the presence

of each other Abraham Lloyd

John Humphries

Sworn to and subscribed in open Court this 21st day of October

AD 1851_ G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 105)

[page 105]

[corresponds to page 53 of Will Book 3]

Jacob C. Rosecrans.-Will 53

Proceedings had at the Office of Probate Judge in Delaw-

=are Delaware County & State of Ohio before D.T. Fuller

Probate Judge within and for said County & State on

the fifteenth day of March AD 1852

This day the last Will & testament of Jacob C. Rosecrans

deceased was produced in Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing

and it appearing to the Court that the testator at the time

of executing the same was of lawful age of sound and

disposing mind & memory & acting under no rest=

=rain, it was ordered that the same by recorded

And it is further ordered that Amos Utley one of the

executors names in the will (who appeared in open

Court and accepted said trust) enter into bonds in

the sum of $700.00 with Henry Hodgden and

Oliver Stark as surities]-and that John Rosecrans

Joseph Lott & Almon Stark appraise the personal

property of said Estate- Which said will and

proofs are as follows to wit:

I, Jacob C. Rosecrans of the Township of Kings=

=ton County of Delaware in the State of Ohio 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. Secondly I

give devise and bequeath to beloved

Rachel Rosecrans one cow six sheep and the use

of all the household furniture, except one bed, bed=

=stead & bedding, during the time she shall remain

my widow, unless my daughter Lucinda should

Marry, in which case she Lucinda is to have one

half of the household furntiure at that time-

Thirdly to my son Stephen Rosecrans all daughter Luci=

=nda Rosecrans all the property the use of which is be=

=queathed to my wife after her death, or she shall cease

to be my widow. Fourthly to my son Stephen Rosecr=

=ans all the live stock on the farm, and all the

farming utensils, and one bed, bedstead & bedding

and also Two hundred dollars, being two notes

of one hundred dollars each payable after my

death decease which I hold against him. Fifthly by all

the rest of my Estate and residue of my Estate is to be

equally divided between my three daughters Mary

Larkin, Hannah Curtis Lucinda Rosecrans and

the heirs of Catharine Pringle_

And lastly I hereby constitute & appoint my son

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 106)

[page 106]

[corresponds to page 54 of Will Book 3]

54 Jacob C. Rosecrans. Will

Josiah Rosecrans and Amos Utley to be executors

for this my last Will & testament revoking and

annuling all former wills by me made and

ratifying & confirming this and no other to be my

last will and testament

In testimony whereof I have hereunto set ny hand

& seal this 6th day of February 1851

Signed published and delared by the above named

Jacob C. Rosecrans as & for his last will & testament

in presence of us who at his request

have signed as Witnessess to the same

Amos Utley Jacob C. Rosecrans [seal]

Sidney Culver

The State of Ohio Delaware County SS:

Court of Probate March 15th 1852

Personally appeared in Court Amos Utley and

Sidney Culver who being duly sworn depose and

say that the paper before them purporting to be the

last Will & testament of Jacob C. Rosecrans

now deceased was by the said Jacob C. Rosecrans

acknowledged published & declared to be his last Will

and Testament in the presence of these Deponenets

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

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

Amos Utley

Sidney Culver

Sworn to & subscribed in open Court this 15th

day of March A.D. 1852

D. T. Fuller

Probate Judge



Last Will & Testament of Mary Pierce.

Proceedings had at the Office of the Probate Judge in Delaware

Delaware County Ohio, before D.T. Fuller Probate Judge written & for

said County & State on the 17th day of April 1852

This day the last Will & Testament of Mary Pierce deceased was

produced in open Court & proved by the subscribing thereto as

reduced to writing: & it appearing to the Court that the testator

at the time of executing the same was of sound & disposing

mind & memory & of lawful age, & acting under no restraint

It was ordered that the same be admitted to probate

and recorded as follows to wit

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 107)

[page 107]

[corresponds to page 55 of Will Book 3]

Mary Pierce's Will 55

December the 10th 1842

I will to my son Alpheus Pierce all my thirds of the

undivided half the land with all the appurtenances there=

=on. Also I will to the said Alpheus the old mare & colt

Also nine sheep and one cow and one pair of steer

calves and four hogs. the said Alpheus is to take care

of me and Sebrey while we live, in sickness or in health

Also I will to my daughter Betsey Hodkins ten dollars

when I and Sebry if done with it Also I will to my

daughter Mercy's children three dollars

Witness Mary Pierce

Norman Kible

Flavel Moses

State of Ohio Delaware County SS:

Court if Probate April 17. 1852

Personally appeared in open Court Norman Kible

& Flavel Moses, who being duly sworn depose & say that

the paper before them purporting to be the last will and testa=

=ment of Mary Pierce now deceased was by the said

Mary Pierce signed acknowledged published and dec=

lared to be her last will & testament in the presence of

these deponents; that the said deceased was of lawful age

that she was of sound disposing mind and memory

and under no restraint as they verily believe- that they

subscribed the same as witnesses in the presence and at

the request of the Testator and in the presence of each other

Norman Kibley

Flavel Moses

Sworn to & subscribed in open Court this 17th day

of April A.D. 1852-
D.T. Fuller

Probate Judge

of Del. Co. O.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 108)

[page 108]

[corresponds to page 56 of Will Book 3]

56 John Leak Deceased-Will

Proceedings had at the Office of the Porbate Judge

in Delaware, County of Delaware & State of Ohio before

D.T. Fuller Probate Judge withing & for said County on

the 20th day of April A.D. 1852

The last Will & testament of John Leak late of Trenton

Township Delaware County Ohio deceased was this say

produced in Court by Mr. Barnes Attorney for John

M. Leak, and James Stout Gilbert Van Dorn & Robt.

Shannon subscribing witnesses to said Will, appeared

and in open Court on oath testified to the due execution

of said will-whereupon George Shultz, Benjamin Snyder

& J.M. Condit, persons interested, caused a subpena to

be issued for T.A. Watson & other witnesses on opposi=

=tion to the Probate of said Will, and John M. Leak

caused to be subpoenaed John M. Ogden & other witnesses

to sustain said will, all whose testimony was reduced

to writing, and by them respectively subscribed & filed.

And it appearing to the Court by said testimony that said

will was duly attested & executed & that the said testator

at the time of executing the same was of sound mind

& memory & of full age and not under any constraint

It is ordered by the Court that the said will & testimony

of the subscribing witnesses to the same be was recorded-

And thereupon the said John M. Leak the executor in

the will named, signifying his refusal to accept the terms

of executing said will & the certificate of Leak Widow

of the said John Leak being produced to the Court by which

it appears that she declines taking letters of administration

on the estate of her deceased husband & requests the appoi=

=ntment of Robert Wilson, it is therefore further ordered by

that the said Robert Wilson be appointed administrator

with the will annexed on the Estate of the said John Leak

and that Gilbert VanDorn Silas Ogden & B.A. Streeter

appraise the personal property of the said testator-and

it is further ordered that the said Robert Wilson give

Bonds in the sum of $500 with William M. Chandler & John M. Leak

as sureties conditioned according to law, whereupon

the said Robert Wilson appeared in open Court accepted

said appointment and gave bond accordingly

Which said will & proof is as follows to wit:

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

Leak of the County of Delaware and State of Ohio do

make & publish this my last will and testament.

1st I give and bequeath to my beloved wife in lieu of her

dower the south half of the farm on which we now

reside for her benefit and use during her natural life

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 109)

[page 109]

[corresponds to page 57 of Will Book 3]

John Leak De'eased-Will 57

owed whilst she remains my widow-at her decease or Ma=

=riage the said bequest I give unto my the oldest lawful ma=

=le heir of my son John M. Leak. I give unto my

beloved wife the team now on the farm (the two old mares)

three cows twelve sheep & all the farming utensils, wagon har=

=ness etc etc household furniture etc Fifty bushels of wheat

all the growing crops Fifty dollars in cash to repair build=

=ings & fifty dollars to build a waggon house, after the vendue

of personal property. All the timber on the eight acres adjoi=

=ning John M. Leak's farm on the west & D. Sinckey on the

North to be subject exclusively to the widow's use.

2nd I give and bequeath unto my son John M. Leak the

twelve acres adjoining Cornelius Walker's John Gins & Lemuel

F. Leak's land for which my son John is to pay all my just

debts. I also give unto my son John a portion lying between

said John's & L.F. Lak's land after the death or marriage of

my beloved wife, for which my son John is to pay my

daughters One hundred & twenty dollars, which is to be

equally divided amongst them. The said sum of

One hundred & twenty dollars, which is to be paid within

twenty years from this date.

3rd I give and bequeath unto my son Samuel F.

Leak the fifty acres now in his possession & which

the said Samuel has made improvements provided

he returns to this State, and if the said Samuel

shall not return to this State I give and bequeath

the said fifty acres to the oldest lawful male heir

of John M. Leak - that is oldest lawful male heir

of said John

4th I give and bequeath unto my son Gilbert

M. Leak the North half of the farm of on which

I live to be occupied and used during his natural

life; and at his decease the said land I give and

bequeath unto my son John's oldest lawful male heir

5th I direct that in the month of June next all

my personal property, not hereby bequeathed shall

be sold to the highest bidder at public auction and

after deducting the fifty dollars to be given to my

wife widow as before mentioned, the balance equ=

=ally divided amongst my daughters

6th I give and bequeath unto Emery Leak & Harriet

heirs of A.C. Leak, five dollars each to be paid when

they become of age by my executor

7th I hereby declare and publish that the five acres

on which my son John's home and other buildings

are on he the said John has fully paid for and

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 110)

[page 110]

[corresponds to page 58 of Will Book 3]

58 John Leak decd-Will

deed made to him- but said deed is said to be

lost. In consideration of which payment I bequeath

said land to my said son John_

8th I do hereby nominate and appoint my son

John M Leak Executor of this my last will and

testament, hereby authorizing & empowering him

to compromise, adjust, release and discharge in

such manner as he may think proper the debts &

claims due me- I do also authorize and empower

him to proceed immediately on upon my decease to

take steps to carry out this my last Will & testament

I do hereby revoke all former wills by me made-

In testimony whereof I hereunto set my hand & seal

this 16th day of February A.D. 1852

Signed & acknowledged by said John Leak

John Leak as his last Will and

testament in our presence & signed

by us in his presence

James Stout

Gilbert Van Dorn

Robert Shannon

Whereas I John Leak on this 16th day of February

1852 made my last Will & testament do hereby then declare

the following to be a codicil to the same

I do hereby give unto my son John M. Leak one

pair of oxen now in said John's possession for which

said John M Leak is pay all the expenses of admin=

=istration In testimony whereof I hereunto set my

hand & seal this 16th day of February 1852

Signed & acknowledged by said John Leak

John Leak as his last will &

testament in our presence and

signed by us in his presence


James Stout

Gilbert Van Dorn

Robert Shannon


State of Ohio Delaware County SS

Personally appeared in open Court James Stout

Gilbert Van Dorn & Robert Shannon, subscribing

Witnesses to the Will last Will & testament of John

Leak deceased, Who being duly sworn depose & say

_ James Stout, says he drew up the Will of John Leak

deceased, at his request- he appeared of sound mind

& memory at the time he signed-Was under no in=

fluence or restraint as far as I know. Said testator

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 111)

[page 111]

[corresponds to page 59 of Will Book 3]

59

called on me to write his will. I drew up two or three before

the testator was satisfied-the last-the one now before the

Court, he seemed to be satisfied with and signed it in my

presence and in the presence of the other witnesses. Testator

requested us to sign it as witnesses. Myself, Gilbert VanDorn

and Robert Shannon-this request for us to sign was

after I had asked the Testator if he wished us to sign as

witnesses. Cross Examiner- witness came to this County

three or four months ago-lived for the three months previous

to testator's death within one fourth mile of a mile of his testator's res=

=idence-had not much acquaintenance with testator until-

his last sickness. Saw him about two days before he made his

will-had considerable conversation with him. On Sunday

evening the second time I saw him after his sickness, Testator

said he wished me to do some writing for him. On Monday,

the next day John M. Leak spoke to me about writing a will

for his father John Leak. Witness was at the residence of Testa=

=tor on Saturday evening about half an hour and on Sunday

night suceeding about the same length of time, before

he made his will. Question. "What remarks were made by tes=

=tator when you was talking with him about making will

and writing the will evidencing unsettled state of mind

if any?" Answer-Testator said how stored are some eggs

or a nest of eggs-or something of this kind, at which I was

a good deal surprised. I got up from the table & turned round

testator said never mind, go on. At another time, either

on Saturday or Sunday evening previous, Testator said he

wanted to go home, and would not let him go

home. When John M. Leak called on witness to go and draw

a will for his father, John M. said his father wished to entail

his property. Witness told him it could not be done under

our laws. Testator also told witness that he wished to entail

his property- he told testator that it could not be done and

read Statute to him. When witness told testator that it could

not be done, testator seemed very much surprised. When

witness read Statute to him on the subject, Testator re=

=marked well that is very plain, and told witness to

go on writing will. Testator gave instructions to witness

as to drawing his will, and when witness had drawn the

will as he thought pursuant to these instruction, testator

was not satisfied and made changes, though no very

material ones, until the witness had prepared the will

the second or third time. When the testator was satisfied

Testator gave his instructions to witness at great length,

and conposed personal and real property in giving it out

to him in giving instructions as to Gilbert's share, he

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 112)

[page 112]

[corresponds to page 60 of Will Book 3]

60

1st he wanted to deprive him of the right of cutting timber

2nd he wished himm to have the right of cutting it for his own

use only. John M. Leak was present & had conversation with

his father the testator during the time or part of the time

I was preparing the will. John M. wished his father to

bequeath him 8 or 12 acres of land that was adjoining his

John M. Leak's land -on some terms- and that if he

had to pay for it, his wished for a long enough time to

do it in, the testator after conversation with John M.

fixed the period 20 years, Question. "What evidences

other than those already stated, have you of want of

soundness of mind of testator?" Answer. "I know of

none'. Question. Had you not some doubt, at the time

the testator gave his instructions for a will, of his capacity

to make one"? Answer. "I had not, if I had seen the

will, without conversing with the man, I should have

thought it will of a crazy man", because he made

such an unnatural disposition of his property, but

upon conversing with him he conversed as rationally as

men generally do, Although I had very little acquain=

=tance with him. I think testator's age was 75 when

he died, he was feeble at the time of writing his will,

when he spoke or did anything, he did it with energy and some

effort. Question. "Did you not have some conversation

with Mr. VanDorn on your way home from signing

the will as witnesses, as to the sanity of the Testator"?

Answer. "We did. We conversed all the way home, about

one quarter of a mile, and after we had got home, perhaps

for half an hour. We talked about the eggs. Testator had a

high fever when I saw him. Reexamined. Question.

"Why did you talk about sanity of testator"? Answer.

On account of the strangeness of the will", & further

saith not. James Stout

Gilbert VanDorn States that he was present at the making

will of John Leak & signed the same at his request in the

presence of the other witnesses & in the presence of the testator.

Deponent considered said testator, at the time of making

said will, in his natural mind & thinks testator knew

what he was about, considered him as capable of making

a will as he naturally would be, thinks he was in his natural

mind & appeared about as he did when he made his property.

The reason he says the testator appeared in his natural mind

was that he was a singular man in his manners, was different

in his manners from other men, he sometimes appeared

flighty. I do not mean to say that the testator was insane

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 113)

[page 113]

[corresponds to page 61 of Will Book 3]

61
but he had a way peculiarly his own of doing business.

Cross-examined. Question by Mr. Finch. "Do you mean to say

that testator Leak was of a sound a mind at the time he

made the will now in controversy as he was when well for years

before"? Ans. "I thought he was" Question by same "Do you

think Mr Leak was for many years previous to his decease of as

sound & disposing mind & memory as men in general"? Ans.

"I have thought him to be so" Question by Mr Finch. "What then do

you mean by saying that he was in his natural mind that he

was a peculiar man & had peculair notions"? Ans. "I mean by

stating that testator was in his natural mind, that he was in

the same mind that he was always in, & that he always worked

instead of studying. One peculiarity of the man was that he alw=

=ays wished or desired to entail his property & so keep it in his fam=

=ily. Deponent considered testator of a sound mind, but not of

a cultivated one" Question by Mr Finch. "Did you hear any

of the conversation of testator & John M. Leak at the time of mak=

=ing the will"? Ans. "I did but cannot tell what it was"

Re-examined. Question by Mr. Barcus. "How long have you

been acquainted with Mr Leak the testator"? Ans. I got acqua=

inted with him about 1814 or 1815. he lived within one qu=

=arter of a mile of Deponent since the spring of 1822 & I have

been well acquainted with him for over 30 years" & further

saith not. Gilbert Van Dorn


Also, Robert Shannon states that he was present at the mak=

=ing the last will (the one now in controversy) of John Leak

& that he was a witness to the same & signed it at the request

of the testator & in his the presence of the other witnesses to the same-

-that the testator was of sound & disposing mind and memory

at the time of making said last will now in controversy,

(taking him in his own way of doing business) and that he

was under no restraint- testator was about 75 years

of age_ Deponent always considered testator a

little singular in his way of doing business. I thought he

appeared to take pains to be odd in his conversation.

Cross-Exm. Question by Mr Finch. Do you not know

at the time of testator making his will, that he had a

high fever & had a flushed face?" Ans. "I was not near

him at the time & did not take particular notice"

Question by Mr Finch. "Do you think if testator's fever

had ceased, he would have been able to sign the will?"

Ans. "I think he would" & further saith not.

Robert Shannon

Subscribed & sworn to this 20th day of April A.D. 1852

D.T. Fuller Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 114)

[page 114]

[corresponds to page 62 of Will Book 3]


62 Eber C Payne decd ~Will of dec

Proceedings had at the office of the Probate Judge

in Delaware Delaware County & State of Ohio before

D.T. Fuller Probate Judge within & for said County

on the 21st day of June A.D. 1852.

The last will & Testament of Eber C Payne late

of Liberty Township in said County deceased was produced

this day in Court & Wm. P. Benton & Henry Newkirk the

subscribing witnesses to said will appeared, and in open

Court in oath testified to the due correction of said will

which Testimony was reduced to writing and by them

respectively subscribed and filed with said will, and it

appeared to the Court by said testimony that said will

was duly attested & executed and that the said testator

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

sound mind & memory and not under any restraint, it

is ordered by the Court that said will & testimony be

recorded

I Eber C. Payne of Liberty Township Delaware

County and State of Ohio do make and publish this my

last will & testament.

Item 1st I give & bequeath to my wife in lieu of her

dower, the farm on which we now reside situate in the

Township aforesaid containing forty acres during her natural

life. Likewise all my live stock including my horses,

cattle, sheep and hogs, and all of my shop stock after

my just debts are paid, and I do will all my notes

and Book accounts to my wife to collect and dispose of

for the use of the family.

Item 2nd I do hereby nominate and approve my wife

executrix of this my last will & testament with power to

nominate any person if she chooses to assist her in

collecting my debts.

In testimony whereof I have hereunto set my hand &

seal this eleventh day of May in the year of our Lord, One

Thousand Eight Hundred & fifty.

Signed & acknowledged by said Eber C. Payne [SS]

and signed by us in his presence

Wm P Benton

Henry Newkirk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 115)

[page 115]

[corresponds to page 63 of Will Book 3]


63

The State of Ohio Delaware County, SS.

Court of Probate June 21st, 1852

Personally appeared in open Court Wm. P. Benton and

Henry Newkirk, who being duly sworn depose and say that

the paper before them purporting to be the last will and Tes-

=tament of Eber C. Payne, now deceased, was by the said Eber

C. Payne acknowledged, published and declared to be his

last will & testament in presence of these deponents; that

the said deceased was of lawful age, that he was of sound &

disposing mind & memory, and under no restraint, as they

verily believe; that they subscribed the same as witnesses in

the presence of and at the request of the Testator, and in

the presence of each other Wm P. Benton

Sworn to and subscribed in open Henry Newkirk

Court this 21st day of June A.D. 1852

D.T. Fuller



Francis Grove's Deceased Will


Proceedings had at the office of the Probate Judge in

Delaware Delaware County Ohio before D.T. Fuller Probate

Judge within & for said County on the 28th day of June A.D.

1852

The last will & testament of Francis Grove late of Scioto

Township in said County of Delaware deceased was this day

produced in open Court by J.W. Powell Attorney for executors

in said will named; and James M. Snodgrass & M. Mealy

the subscribing witnesses to said will appeared, and in open

Court on oath testified to the due execution of said will; whi

=ch testimony was reduced to writing and by them respective=

=ly subscribed & filed with said will, and it appearing to the

Court by said testimony that said will was duly attested

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

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

and memory, and not under any constraint, it is ordered

by the Court that said Will & testimony be recorded-

"In the name of the Benevolent Father of all

I. Francis Groves

of Scioto Township Delaware County & State of Ohio

do make and publish this my last Will & testament.

Item First-I give & devise to my beloved wife Sarah

A. Groves in lieu of her dower the farm that I have

as listed for with Croseir of in New-Lime Township

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 116)

[page 116]

[corresponds to page 64 of Will Book 3]


64 Francis Groves Deceased -Will-

Ashtabula County & State of Ohio containing fifty

acres during her Natural life, and all of the stock

household goods Furniture, provisions and other

goods & chattels which is on hand, and all money, notes

or duebills which may be on hand at the time of my

decease, during her natural life as aforesaid. She how=

=ever paying all lawful debts & closing all contracts that

I had on hand. Also I leave to her the buggy and dandy

Waggon, the Ball mare and harness. At the marriage

or death of my said wife the Real Estate aforesaid and such

part of the personal property of the proceeds thereof as may then

remain unconsumed & enexpended I give & devise to my

daughter Harriet Groves & her heirs. And Also I give and

bequeath to my daughter and Harriet wife and daughter Har=

=riet the Lot of land in Knox County Illinois containing

three Hundred & fifteen acres. Also one hundred & twenty

acres in Fulton County Illinois, or to close a trade for the

Grove's farm in Ashtabula County State of Ohio. My daugh

Harriet to come in possession of hers when she arrives at

lawful age. The above lands or proceeds will fall to my daugh=

=ter Harriet at the marriage or death of my wife.

Item Second. I devise and bequeath to my beloved daugh

=ter Elanor Ackerman Caroline Chandler one Hundred dollars.

Item third. I devise and bequeath to my beloved daughter

Elanor Ackerman One Hundred dollars:

Item fourth- I devise and bequeath to my beloved daughter

Harriet Groves the Bald faced mare colt known as hers,

and when she arrives to lawful age to have about the same

outfit of the other girls and to have a home on the first

farm mentioned, or with her mother while she is a minor

Iten fifth- I do hereby nominate and appoint my Belov:

=ed dau wife guardian of my daughter Harriet Groves

until she arrives at lawful age or intermarries, but in case

my wife should again marry her guardianship of said child

shall cease

Item Sixth-I do hereby nominate & appoint my wife Sarah

A. Groves and John Woodworth of Ashtabula County State

of Ohio Executors of this My last Will and testament hereby

authorizing and empowering them to comrpomise adjust

release and discharge in such manner as they may deem best

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

empower them if it shall become necessary in order to pay

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

terms of credit or otherwise, as they may think proper all or

as any part of my Real Estate, and deeds to purchasers

to execute acknowledge & deliver in fee simple. I do

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 117)

[page 117]

[corresponds to page 65 of Will Book 3]

Francis Grove's deceased Will - 65

hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand & seal

of this twenty second day of June One Thousand eight Hundr=

=ed and fifty two.

F. Groves [Seal]

Signed and acknowledged by said Francis Grove as his last

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

presence J.M. Snodgrass. M. Mealy.

State of Ohio In a Court held before D.T. Fuller Esqr.

Delaware County SS Judge of Probate for said County.

Personally appeared in open Court the under

=signed James M. Snodgrass and Michael Mealy who

having then & there been duly sworn depose upon their oaths

say that the paper now here produced in Court purporting

to be the last will and testament of Francis Grove bearing

date the 22nd day of June 1852 was on the day of the date

thereof at the Township of Scioto in the said County of

Delaware declared and published by the said Francis

Grove as his last will and testament. That he then and

there in the presence of these deponents signed his name

thereto as such, that these deponents there & then at his

request and in his presence and in the presence of each

other signed their names thereto as witnesses, That the

said Francis Grove was then & there at the time of

the said execution of the said will of the age of about sixty

one years, of sound mind & and memory not

acting under any restraint and further say not.

James M. Snodgrass

M. Mealey

Sworn to & subscribed before me this 28th day of

June A.D. 1852

D.T. Fuller Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 118)

[page 118]

[corresponds to page 66 of Will Book 3]



66 Copy of the Will of Henry Kelly Decd

Proceedings had at the office of the Probate Judge

in Delaware Delaware County & State of Ohio

before D. T. Fuller Probate Judge within & for

said County on the 28th day of July A.D. 1852

An authenticated Copy of the last will and

testament of Henry Kelly late of Kentucky in the

County of Fayette was this day produced in Court

by and it appearing to the satisfac=

=tion of the Court that the said will has been proved

in said State of Kentucky according to the laws

of that State, and that said will has relation to

property within the said County of Delaware;

Therefore, on motion, it is ordered by the Court

that said authenticated copy be recorded in the

Records of Wills for said County of Delaware.


Calling to mind the certainty of death and the

uncertainty of life, and being weak in body but of sound

and disposing mind I Henry Kelley do make this

my last Will & Testament revoking all wills heretofore

made by me.

First I give to my Grandson Henry

Kelly Kane my tract of land in the County of Delaware

and State of Ohio, bought of Alexander McLaughlin

Containing Five hundred acres, also my house & lot

in the town of Lancaster, Ohio for and during his

natural life, and should he either arrive at the

age of Twenty one or die before he does so arrive

at the age of Twenty one years leaving issue alive.

Then the fee to pass to and vest in his heirs, or his arriv

=ing at Twenty one years of age or descend to his child

or issue. If he die leaving children before he arrive

at age, all the rest and residue of my estate of every

kind I devise to my friend Joseph Bruin who I make

Executor of this my will for the use and benefit of my

two Daughters Charlotte Kane and Eleanor Stephens

to be held by him to the exclusive use of my said

daughter free from the right or controll of their Hu-

sbands or any creditor of their Husbands or either of

them. And my desire is that my said Trustee place

estate at interest and allow my daughter from

time to time such portions of either principal or

interest as he may find their necessities require

and in the event of my daughters becoming discov-

=erd the Trustee may pay over such daughter as

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 119)

[page 119]

[corresponds to page 67 of Will Book 3]

67

shall become so her proportion of the Estate, and

on the death of my daughters or either of them the

Trustee will pay over their portion to their children I

direct that no security shall be required of my said

Trustee having full confidence that he will faithfully

execute this trust, and as my daughter Eleanor Stephens

is destitute, I direct that in the event of my death

that the Trustee allows her six dollars a week as a support

until her part can be ascertained, and should my

Grand son Henry K. Kane die before he arrive at Twenty

one years and without issue living as aforesaid, Then

the tract of land and lot devised to him. I devise

to be equally divided between my Grand children

Thomas Kane and Eliza Kane and their heirs forever

done this 28th day of June 1833. Henry Kelly

R Wickliffe

A Sawell

Fayette County, To wit: August Court 1833

This writing purporting to be the last will & Testam-

=ent of Henry Kelly deceased was produced in open

Court and proved by the oaths of Robert Wickliffe

and A Sawell the subscribing witnesses thereto, and

ordered to be recorded, which is truly done in my

office

I hereby certify that the children of Thomas Kane

Decd the parties named in the will of their Grand father

Henry Kelly dated 28th of June 1833 were well known

to me, that Henry Kelly Kane is dead, that he dies in

the year 1835, when quite a child, and that Thomas

Kane is also dead, that he dies at New Orleans 21st

January 1846, without issue and that Elza Kane the

wife of John Barbee is the only one of said children

now living H.A. Hurnesmil

State of Kentucky City of Louisville SS

Before me a commisioner of said state of

Kentucky to take acknowledgement of Deeds or other

contracts for use or record in the State of Ohio

came this 29th day of June 1852. Henry A Hurnesmil

well known to me and signed and sworn to the above

certificate & stated on oath that the statements in the

same are true to the best of his knowledge & beliefs.

Witness my signature & official seal

Ballard Smith

Commissioner for Ohio.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 120)

[page 120]

[corresponds to page 68 of Will Book 3]


68 Copy of Will of Samuel Landon dec'd

Proceedings had at the office of Probate Judge

in Delaware, Delaware County & State of Ohio before

D.T. Fuller Probate Judge within & for said County on

the 20th day of August 1852.

The last will & testament of Samuel Landon

late of Thompson township in said County deceased

was this day produced in Court by Laban Landon &

James Landon, executors in said will named, and

Charles Rutz one of the subscribers to said will appe-

=ared and in open Court on oath testified to the due exec-

ution of said will, which testimony was reduced to

writing and by him subscribed and filed with said

will - and not if appeared to the Court that B. T. Blake

the other subscribing witness had left and gone to

parts unknown, testimony of his hand writing was

taken and ordered to be filed with said will. And

the Court being satisfied by said testimony that said

will wa. duly attested and executed, and that the

said testator at the time of executing the same

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

not under any restraint, it is ordered by the Court

that said will & testimony be recorded. Therefore

Laban Landon & James Sandors the executors in

said will named appeared in Court and signified

their acceptance of the trust of executing said will.

It is therefore further ordered that letters testamentary

be issued to them authorizing bonds in the sum of

$2500.00 with John Wolfley as surety conditioned

according to law. The Court appoints Samuel C.

Weeks, Jacob Hoskins & Zirah Linsley appraisers of the

personal estate of said testator.

State of Ohio, Delaware County SS.

August 14, 1852.

First, it is my will that my just

debts and all charges be paid out of my estate.

2. I give to my beloved wife Sarah all my lands

moneys, goods, & chattels to have & to hold as her own to

all intents and purposes during her natural life.

particularly the house and all the household goods.

3rd. That after the death of my wife, it is my will

that all the remaining property as above designated be

equally divided between my brothers & sisters, and

that the said Administrators may have power to

sell all goods and chattels necessary as they shall think

best. And they shall have privaledge to rent the farm