Delaware County Ohio Will Records Vol. 8 1887-1890

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 1)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 1)

Description

[page 1]

[corresponds to front cover of Delaware County Will Records Vol. 8 1887-1890]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 2)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 2)

Description

[page 2]

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

[marbled green and white]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 3)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 3)

Description

[page 3]

[corresponds to front fly paper of Delaware County Will Records Vol. 8 1887-1890]

[marbled red, blue and gold]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 4)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 4)

Description

[page 4]

[corresponds to back of front flypaper of Delaware County Will Records Vol. 8 1887-1890]


Will

Record

8

1887-1890



ROLL DATE

5 SEP 4 1959
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 5)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 5)

Description

[page 5]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 6)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 6)

Description

[page 6]


[corresponds to back of front flypaper of Delaware County Will

Records Vol. 8 1887-1890]



MICRO FILM

3 Sept 09
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 7)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 7)

Description

[page 7]

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

[blank index page]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 8)

Title

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

Description

[page 8]

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

[blank index page]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 9)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 9)

Description

[page 9]

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

[blank index page]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 10)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 10)

Description

[page 10]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 11)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 11)

Description

[page 11]

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


Benson Harriet 20

Boyd Henry 85

Bartholomew Milton 154

Behrens John 158

Bunyan Margaret E. 257

Battenfield Elias 281 Case 4449

Burgess Bridget 363

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 12)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 12)

Description

[page 12]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 13)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 13)

Description

[page 13]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 14)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 14)

Description

[page 14]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 15)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 15)

Description

[page 15]

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


Cole Hugh 45

Cockrell Louisa 55

Craig Elnathan R. 69 Case No 4174

Chambers Martha S. 81

Carter Hugh 136

Carpenter Lyman 339

Cornell Permelia 404

Crumb James H. 467 Case 4656

Cantwell James 476

Catlin Lynde 508 Case 4698
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 16)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 16)

Description

[page 16]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 17)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 17)

Description

[page 17]

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


Dudgeon Nancy 96. Case No 4200

Dent E. H. 263

Dorst Henry 277

Dutton Amanda 360

Davies James W. 472

Debolt Mariah 489 Case No 4681

Davies Mary 493
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 18)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 18)

Description

[page 18]

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

[blank]

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 19)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 19)

Description

[page 19]

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


Evans Jonas G. 129 Case No. 4223

Evans Thomas, Jr. 182

Edwards Thomas 269

Evans Edward 272

Evans Isabella 321

Evans William 355
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 20)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 20)

Description

[page 20]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 21)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 21)

Description

[page 21]

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


Fuller Abner M. 38

Fritz Joshua B. 125 Case No. 4230

Franklin Richard 240 Case No. 4369

Frost Rhoda Maria 301

Felkner L. Baner 347

Flanegin William M. 415
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 22)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 22)

Description

[page 22]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 23)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 23)

Description

[page 23]

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


Glover Eliza T. 49

Galleher Nudeget J. 254

Galbreath Hannah J. 305

Gifford George A. 336

Gillies Mariah 365

Griffiths David R. 421

Gillet Harvey 503

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 24)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 24)

Description

[page 24]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 25)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 25)

Description

[page 25]

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


Hanawalt Lucy A 229

Highwarden Abram 296

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 26)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 26)

Description

[page 26]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 27)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 27)

Description

[page 27]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 28)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 28)

Description

[page 28]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 29)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 29)

Description

[page 29]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 30)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 30)

Description

[page 30]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 31)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 31)

Description

[page 31]

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


Jones Lewis R. 165

Jennings Robert E. 381

Johnson Elizabeth 394

Jones Thomas (Franklin Co. Ohio) 445 Case 4638

Joy Thomas F. 463
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 32)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 32)

Description

[page 32]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 33)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 33)

Description

[page 33]

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


Kimble John 161

Klein Joshua 244

Kirchner Christopher 315
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 34)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 34)

Description

[page 34]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 35)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 35)

Description

[page 35]

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


Lloyd John 28

Lea Benjamin, 147

Leitner Michael 224

Lampman James 247

Landon Emilia 260 Case 4414

Lloyd Abraham 385 Case 4550

Lowry Samuel 449
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 36)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 36)

Description

[page 36]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 37)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 37)

Description

[page 37]

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


Moore Burton 100

Moore George 168

Moses Russel B. 186

Maloney Thomas Francis 275

Marriott Randolph R. 343 Case No 4518

Martin Charles H. 373

Miller Thomas G. 439
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 38)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 38)

Description

[page 38]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 39)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 39)

Description

[page 39]

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


McCreary William 6

McCarty Patrick 16 Case No 4131

McCammon John 91 " " 4180

McMaster Benjamin 150

McMorran Samuel J 200

McDonald Thomas 309

McVay Margaret 351

McElroy John 388

McDaniel Matthew G. 443 Case 4639

McDaniel Cynthia R. 443 Case 4639

McCarty Ralph 459

McDowell Jno O. 484

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 40)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 40)

Description

[page 40]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 41)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 41)

Description

[page 41]

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


Newhouse S. W. 172

Nutt John C. 286
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 42)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 42)

Description

[page 42]

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

[blank]

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 43)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 43)

Description

[page 43]

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

Oesterle Frederick 215
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 44)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 44)

Description

[page 44]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 45)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 45)

Description

[page 45]

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


Prichard Margaret 1

Page Roswell 12

Ports Absalom 331

Potter Cornelia 426

Penry David 454

Pierce Harriet R. 480 Case 4647
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 46)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 46)

Description

[page 46]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 47)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 47)

Description

[page 47]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 48)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 48)

Description

[page 48]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 49)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 49)

Description

[page 49]

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


Roberts John 107

Roberts Ann 211

Ross David S. 233

Robinson Owen 303

Rathbone Johm 312 Case 4465
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 50)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 50)

Description

[page 50]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 51)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 51)

Description

[page 51]

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


Sager William 32 Case No 4141

Stark David A. 53 Case No 4159

Smith William 61

Seely Thadeus O. 65

Stern James 78

Sping Absalom 143 Case No 4271

Stabler M Aletha 192

Spohn Solomon W. 237

Sackrider Harriet 327

Smith Betsey 377

Scott Margaret E. 410
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 52)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 52)

Description

[page 52]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 53)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 53)

Description

[page 53]

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

[blank]

Note: This is not the front of index page T
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 54)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 54)

Description

[page 54]

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

[blank]

Note: This is not the back of index page T
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 55)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 55)

Description

[page 55]

[corresponds to front of unlabeled index page of Delaware

County Will Records Vol. 8 1887-1890]

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 56)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 56)

Description

[page 56]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 57)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 57)

Description

[page 57]

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


Turner Albert 368

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 58)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 58)

Description

[page 58]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 59)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 59)

Description

[page 59]

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


Van Deman Sarah 118

Vansickle Isaac 250 Case No 4398
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 60)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 60)

Description

[page 60]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 61)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 61)

Description

[page 61]

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


Wilcox Martin 24

Williams Rees 73

Welch Augustus A. 113

Whyte Robert Alfred 59

Williams John D. 176

Wilson John 188

Wollam Peter 207

Waterman Louisa 291

Worline Abraham 398

Welch Sallie 431 Case 4618

Wood Joel B. 436 Case 4617

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 62)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 62)

Description

[page 62]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 63)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 63)

Description

[page 63]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 64)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 64)

Description

[page 64]

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

[blank]

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 65)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 65)

Description

[page 65]

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


Young Lydia E. 196
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 66)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 66)

Description

[page 66]

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

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 67)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 67)

Description

[page 67]

[corresponds to page 1 of Delaware County Will Records Vol. 8 1887-1890]


1

Margaret Prichard's Will.

Journal Entry.

March 22d. 1887.


In the matter of the Will }

of Margaret Prichard, deceased. } In Probate Court.

This day, an instru

ment of writing, purporting to be the last Will and

Testament of Margaret Prichard, late of Radnor Town-

ship, in this County, deceased, was produced in

open Court for Probate; On consideration whereof,

it is ordered that the said Will be filed in this

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

plication to admit the same to probate and record, be

given to William Prichard, David L. Prichard,

Wm W. Prichard, John Prichard, Benj Prichard,

Gomer Prichard, Sarah Jones, Ella Long, Anna

Prichard, Margaret Prichard, William Griffiths

& Millie Griffiths heirs and next of kin of the

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

plication will be for hearing before this Court on the

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

Rufus Carpenter

Probate Judge

Notice to Heirs

The State of Ohio } ss In Probate Court

Delaware County }


In the matter of the last Will

and Testament of Margaret Prichard, deceased.

To Wil-

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

John Prichard, Benj. Prichard, Gomer Prichard,

Sarah Jones, Ella Long, Anna Prichard, Mar-

garet Prichard, William Griffiths and Millie Grif-

fiths.

You are hereby notified that on the 22nd day

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

porting to be the last Will and Testament of Marga-

ret Prichard late of Radnor Township, in said Coun-

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

application to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 1st

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

Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 22nd day of March

A.D. 1887
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 68)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 68)

Description

[page 68]

[corresponds to page 2 of Delaware County Will Records Vol. 8 1887-1890]


2

Margaret Prichard's Will

Return

The State of Ohio } ss

Delaware County }

Jno. A Cone being duly sworn,

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

served the within notice to the within named Wm

Prichard, Anna Prichard, Maggie Prichard, Gomer

Prichard, Ella Cox, David L. Prichard, Sarah

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

Prichard.

Jno. A Cone

Subscribed in my presence and sworn to before me this

1st day of April 1887.

Rufus Carpenter

{Seal} Probate Judge


We the undersigned persons within name hereby ac-

knowledge service of the within notice this -- day of

March A.D. 1887.

Wm. Prichard David L. Prichard

Anna Prichard Sarah Jones

Maggie Prichard Benj. Prichard

Gomer Prichard John Prichard

Ellie Cox


Probate of Will


The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court

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

nesses to the last Will and Testament of Margaret Prich-

ard late of Radnor Township in said Delaware County

deceased who being duly sworn according to law to speak

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

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

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

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

Testament of Margaret Prichard now deceased, is the

Will of said deceased. Margaret Prichard that they

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

request of the Testatrix, respectively subscribed their names

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

the said Margaret Prichard deceased, sign and seal said

Will and heard her acknowledge the same to be her last

Will and Testament and that the said Margaret Prich-

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

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

Title

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

Description

[page 69]

[corresponds to page 3 of Delaware County Will Records Vol. 8 1887-1890]


3

Margaret Prichard's Will

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

under any restraint.

D. G. Edwards

Jno. A. Cone.

Sworn to and subscribed by said witnesses, in open

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

Rufus Carpenter

{Seal} Probate Judge

Journal Entry

April 1st 1887

In the matter of the Will of } ss

Margaret Prichard, deceased. }

Be it remembered, that

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

an instrument of writing, purporting to be the last

Will and Testament of Margaret Prichard, late of

Radnor Township, in this County, deceased, was produced

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

being shown to the satisfaction of the Court, that due

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

tion to admit the same to probate and record in this

Court has been given to Wm Prichard, Anna Prich-

ard, Maggie Prichard, Gomer Prichard, Ella Cox

David L Prichard, Sarah Jones Benj. Prichard,

John Prichard and Wm W. Prichard heirs and next of

kin of the Testatrix resident of the State of Ohio,

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

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

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Margaret Prichard, deeceased. That the same was

duly executed and attested, and that the said Testa-

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

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

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

ordered that the said Will be admitted to probate, and

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

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

on, be entered of record in this Court.

Rufus Carpenter

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

Title

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

Description

[page 70]

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


4

Margaret Prichard's Will

Copy of Will


In the name of the Benevolent Father of All,

Amen:

I Margaret Prichard, wife of William Prich-

ard, of Radnor Township, Delaware County. Ohio

being of sound and disposing mind and memory do make

and publish the following as my last Will and Testa-

ment.


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

liam Prichard the certain parcel of land consisting of

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

township, Delaware County, Ohio, and adjoining the

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

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

natural lifetime: And also. I give and bequeath to

my said husband the interest or income arising from

my personal estate, consisting of about Two Thousand

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

interest or income to be by him used for his comfort

and support during his natural lifetime, but no part of

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

said husband shall keep in repair the fence about the

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

Anna, out of said income, during his lifetime.


Item Second. I give devise and bequeath to my daughter

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

the Village of Radnor Delaware County, Ohio

with all the privileges and appurtenances thereunto be-

longing. And I request my said daughter Anna to

remain and keep house for her father and furnish him

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

lives and remains a widower.


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

Anna and Margaret one bed, including feather bed

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



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

my legal heirs all the rest and remainder of my

estate, personal and real, that may remain after the

death of my said husband excepting the said house

and lot above devised to my said daughter Anna, and

said Beds &c bequeathed to my said two daughters

Anna and Margaret to be shared and divided among

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

Title

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

Description

[page 71]

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


5

Margaret Prichard's Will


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

band William Prichard Executor of this my

last Will and Testament without Bond and direct

that there be no appraisement nor sale of any

part of my estate, during the life time of my

said husband and no inventory of the same ex-

cepting that I desire my said husband to file

in the Probate Court a schedule of my money

and credits, to be prepared by him without the

formality of the appointment of Appraisers. by the

Court.

I hereby revoke all former Wills by me

made, and declare the foregoing to be my last Will

and Testament.

Witness my signature and seal this

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

and Eight Hundred & Eighty Six.

her

Margaret X Prichard

mark

Signed by the said Margaret Prichard in our pres-

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

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

as witnesses, in her presence and in the presence of

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

D.G. Edwards

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

Title

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

Description

[page 72]

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


6

William McCreary's Will.

Journal Entry.

April 7 1887.

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

William McCreary, deceased. }

This day, an instru-

ment of writing, purporting to be the last Will and

Testament of William McCreary, late of Porter

Township, in this County, deceased, was produced

in open Court for Probate; On Consideration

whereof, it is ordered that the said Will be filed

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

the application to admit the same to probate and

record, be given to Caroline McCreary, widow, and

Dianna E. McCreary and Oscar McCreary heirs

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

of Ohio, that said application will be for hearing

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

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

Rufus Carpenter

Probate Judge


Notice to Heirs.

The State of Ohio } SS In Probate Court

Delaware County }

In the Matter of the last Will of

and Testament of William McCreary, deceased.

To

Caroline McCreary, Dianna McCreary and

Oscar McCreary.

You are hereby notified that

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

of writing purporting to be the last Will and Testa-

ment of William McCreary, late of Porter Town-

ship, in said County deceased, was produced in

open Court, and an application to admit the same

to probate was on the same day made in said

Court. Said application will be for hearing before

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

at 10 o'clock A.M.,

Rufus Carpenter

{seal} Probate Judge


Dated at Delaware Ohio, this 7" day of April

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

Title

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

Description

[page 73]

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

7

William McCreary's Estate

Return.


The State of Ohio } ss

Delaware County }

Charles Wilcox being duly

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

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

a true copy thereof to the within named Caro-

line McCreary, Dianna McCreary & Oscar

McCreary.

Charles Wilcox

Subscribed in my presence and sworn to before me

this 12" day of April. 1887.

Rufus Carpenter

{seal} Probate Judge

I the undersigned person within named hereby

acknowledge service of the within notice this 7" day

of April A.D. 1887.

Baker T. McCreary

Journal Entry.

April 12" 1887.

In the Matter of the Will of }

William McCreary, deceased. }

Be it remembered, that

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

an instrument of writing, purporting to be the last

Will and Testament of William McCreary late

of Porter Township, in this County, deceased, was

produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction

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

Will, and of the application to admit the same

to probate and record in this Court, has been given

to Caroline McCreary, Diana McCreary and

Oscar McCreary, heirs and next of kin of the

Testator, resident of the State of Ohio pursuant to

a former order of this Court. ~ And it appearing

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

ing witnesses to said Will, are residents of Sparta

Morrow County Ohio, and are without the juris-

diction of this Court, it is therefore ordered that a

commission with the Will annexed issue herein to

Henry Weaver, Sparta, Morrow County Ohio

directing him to take the deposition of said sub-

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

Title

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

Description

[page 74]

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


8

William McCreary's Estate

with all convenient speed, to this Court

Rufus Carpenter

Probate Judge


Commission


To Take Testimony of Witness to Will.


The State of Ohio } ss

Delaware County }

To Henry D. Weaver, Greeting:

Know Ye,

That we, in confidence of your prudence and fidelity, have

appointed you, and by these presents do give you full

power and authority to examine and take the deposition

of A.J. Roberts and Alvira Tims, subscribing

witnesses to the last Will and Testament of William

McCreary hereto annexed, late of the County of

Delaware, in the State of Ohio, deceased, and

therefore we command you, that at certain days and

places appointed by you, you cause the said A.J.

Roberts & Alvira Tims to be brought before you,

and then and there to examine them on oath or affirm

ation first taken before you, touching the due execu-

tion of said Will of the said William McCreary

and that you reduce such examination to writing,

and return the same, together with this Commission

and the Will of the said William McCreary

thereto annexed, closed up under you seal, into our

said Probate Court, with all convenient speed.

In Testimony

Whereof, I, Rufus Carpenter, Judge of the said

Court, have hereunto set my hand and affixed

the seal of said Court, at Delaware, this 12" day

of April A.D. 1887.

{seal} Rufus Carpenter

Probate Judge


Copy of Will.


In the name of the Benevolent Father of All:

I William McCreary of Porter Township, Dela-

ware County Ohio do make and publish this my

last Will and Testament.



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

dower the farm on which we now reside Situate

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

Title

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

Description

[page 75]

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


9

William McCreary's Will

Containing about One Hundred Acres of Land

during her natural life and all the Stock house-

hold goods furniture provision and other goods and

Chattels which may be thereon at the time of

my decease during her natural life as aforesaid.

(She however selling so much thereof as may be

sufficient to pay my just debts - and should

the use of the Estate aforesaid be insufficient for

the maintenance of my said wife then and in

that case she is hereby empowered to sell and

make use of so much of the personal estate as

will be necessary for her comfortable support.


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

to my daughter Diana E. McCreary and my

son Oscar McCreary my entire estate both

Real and personal in the manner following to wit.

Divided so and in such a manner that my daugh-

ter Diana E. McCreary shall have in excess of

my son Oscar McCreary in the sum of five hun-

dred dollars, that is to say - that five hundred

dollars shall be taken out of said estate and given

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

due divided equal between said devisees.


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

oline McCreary Executrix of this my last will and

Testament thereby authorizing and empowering her to

compromise - adjust. Release and discharge in such

manner as she may deem proper the debts and claims

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

shall become necessary in order to pay my debts to

sell by private sale or in such manner upon such

terms of credit or otherwise as she may think proper:

all or any part of my Real Estate and Deeds to

purchasers to execute acknowledge and deliver in fee

simple.

I desire that no appraisement and no sale of

my personal property be made and that the Court

of Probate direct the omission of the same in pur-

suance of the Statute.

In testimony hereof I have

hereunto set my hand and seal this eleventh day

of December A.D. 1874.

William McCreary {Seal}

Signed and acknowledged by said William McCreary as

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

in his presence.

A.J. Roberts

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

Title

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

Description

[page 76]

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


10

William McCreary's Will

Deposition of Witness to Will


The State of Ohio } ss

Morrow County }

In the matter of the last Will and

Testament of William McCreary.

Personally appeared

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

erts and Alvira Tims subscribing witnesses to the last

Will and Testament of William McCreary late of

Porter Township in said Delaware County, deceased,

who being by me first duly sworn according to law,

to speak the truth, the whole truth, and nothing

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

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

cution of the paper before them bearing date the 11"

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

last Will and Testament of William McCreary now,

deceased, whose name is signed at the end thereof,

and at the request of said deceased they subscribed

their names to the same as witnesses in his presence;

that they saw the said William McCreary sign

and seal said Will, and heard him acknowledge the

same to be his last Will and Testament, and that

the said William McCreary at the time of mak-

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

sound mind and memory, and not under any restraint

and that the said William McCreary is now

dead.

A.J. Roberts

Alvira Tims

The State of Ohio } ss

Morrow County }

I, Henry D. Weaver, duly ap-

pointed and commissioned by the Judge of the Probate

Court, of the County of Delaware and the State of

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

Alvira Tims subscribing witnesses to the late Will

and Testament of William McCreary, deceased, late a

resident of said County and State, which Commis-

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

certify that in pursuance of said Commission I

caused the above named A.J. Roberts and Alvira

Tims subscribing witnesses as aforesaid to appear be-

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

that they were first duly sworn by me, according

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

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

Title

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

Description

[page 77]

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


11

William McCreary's Will

relation to the execution of said Will, and reduced

their testimony to writing as above set forth in

their presence and that they signed the same

in my presence, and I further certify that I

am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise in-

terested in the Probate thereof.

In witness whereof

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

April A.D. 1887.

H.D. Weaver

Commissioner


Journal Entry

April 19" 1887.

In the Matter of the Will of }

Wiliam McCreary, deceased }

The commission heretofore

issued herein to take the testimony of Alvira Tims

and A.J. Roberts the subscribing witnesses to the

Will of said William McCreary, deceased, was

this day returned duly executed, and the same

was filed herein. And it appearing to the Court

from the testimony so taken that the said Will

was duly executed and attested, and that at the time

of executing the same the Testator was of full age,

and of sound mind and memory, and not under any

restraint, the Court now admit the said Will to

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

mony so taken, to be recorded according to the statute

in such cases made and provided.

Rufus Carpenter

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

Title

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

Description

[page 78]

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


12


Roswell Page's Will

Journal Entry

April 11" 1887


In the matter of the Will } In the Probate Court

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


This day, an instrument of writing purporting to be

the last Will and Testament of Roswell Page, late

of Porter Township in this County, deceased, was

produced in open Court for Probate. On consideration

Whereof, it is ordered that the said Will be filed

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

the application to admit the same to probate and record,

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

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

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

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

cation will be for hearing before this Court on the

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

Rufus Carpenter

Probate Judge


Notice to Heirs

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will

and Testament of Roswell Page, deceased.

To Harmon

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

E. Goare, Martha E Riggle and John Chase.

You are hereby notified that on the 11" day of

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

ing to be the last Will and Testament of Roswell Page

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

produced in open Court, and an application to ad-

mit the same to probate was on the same day made

in said Court. Said application will be for hearing

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

at 10 o'clock A.M.

Rufus Carpenter

{Seal} Probate Judge


Dated at Delaware Ohio, this 11" day of April

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

Title

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

Description

[page 79]

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


13



Roswell Page's Will.

Return

The State of Ohio } ss

Delaware County }

Perry F. Page being duly sworn

says that he served the within notice by delivering

a true copy thereof to the within named Harmon

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

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

dorsed his acknowledgment of service herein April 20.

1887.

P.F. Page

Subscribed in my presence and sworn to before me

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

Rufus Carpenter

{Seal} Probate Judge

I the undersigned person within named hereby ac-

knowledge service of the above notice.

John Case.


Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County

Personally appeared in open Court

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

witnesses to the last Will and Testament of Ros-

well Page late of Porter Township in said Delaware

County, deceased, who being duly sworn according

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

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

Will, depose and say: That the paper before them

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

porting to be the last Will and Testament of Roswell

Page now deceased, is the Will of said deceased

Roswell Page, that they were present at the ex-

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

tator, respectively subscribed their names to the same

as witnesses, in his presence; that they saw the

said Roswell Page deceased sign and seal said Will

and heard him acknowledge the same to be his last

Will and Testament, and that the said Roswell Page

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

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

der any restraint.

W.R. Galpin

S.D. Chambers

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

Title

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

Description

[page 80]

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


14

Roswell Page's Will.

Sworn to and subscribed by said witnesses, in open

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

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

April 21" 1887.


In the Matter of the Will }

of Roswell Page, Deceased }

Be it remembered, that here-

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

instrument of writing, purporting to be the last Will

and Testament of Roswell Page late of Porter Township

in this County, deceased, was produced in open Court

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

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

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

to admit the same to probate and record in this Court

has been given to Harmon Page, Sarah J. Davy

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

Riggle and John Chase heirs and next of kin of the

Testator, resident of the State of Ohio, pursuant to

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

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

ing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Roswell Page, deceased. That the same was

duly executed and attested; and that the said Testator

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

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

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

ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of

the witnesses above named, as well as the proceed-

ings had thereon, be entered of record in this Court

Rufus Carpenter

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

Title

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

Description

[page 81]

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

Roswell Page's Will. 15

Copy of Will.


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

well Page of Porter Township, Delaware County,

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

tament:

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

and to my daughters, Sarah Jane Davy and Mary Olivia

Robinson, each one thousand ($1000.00) Dollars.

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

ty five ($25.00) Dollars.

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

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

consisting of town lots in the Village of Olive Green,

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

joining, with the appurtenances thereunto belonging, ex-

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

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

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

side of my farm in Porter Township, Delaware County,

Ohio, being the same property on which Ellis Riggle and

said Mary Ellen Riggle now live.

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

the south half of the remainder of said farm in Porter

Township: being that part lying directly north of that

devised to Martha Ellen Riggle and consisting of about

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

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

now live and authorize and empower him to enter on said

premises after my demise and remove the same.

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

the north half of the remainder of said farm in Porter

Township not devised to Martha Ellen Riggle: being the

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

five acres of land.

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

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

ber designated above or not.

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

this my last Will and Testament.

I do hereby revoke all former Wills by me

made.

In testimony hereof I have hereunto set my hand and seal

this ninth day of March in the year 1887.

Roswell Page {seal}

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

and signed by us in his presence.

W. R. Galpin

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

Title

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

Description

[page 82]

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


16

Patrick McCarty's Will

Journal Entry.

April 23d 1887.

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

Of Patrick McCarty Decd } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Patrick McCarty, late

of Liberty Township in this County, deceased, was

produced in open Court for Probate; On Consid-

eration Whereof, it is ordered that the said Will be

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

of the application to admit the same to probate and

record, be given to Johannah Collins, Michael Mc-

Carty, John McCarty, Maggie Swope, Ella

Earhart, Patrick McCarty and Carry McCarty

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

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

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

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

Rufus Carpenter

Probate Judge

Notice to Heirs.

The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and

Testament of Patrick McCarty, deceased.

To Johannah

Collins Michael McCarty, John McCarty, Mag-

gie Swope, Ella Earhart, Patrick McCarty and Barry

McCarty:

You are hereby notified that on the 23d day

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

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

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

was produced in open Court, and an application to ad

mit the same to probate was on the same day made

in said Court. Said application will be for hearing

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

at 2 o'clock P.M.

Rufus Carpenter

Probate Judge


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

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

Title

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

Description

[page 83]

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


17

Patrick McCarty's Will.

Return.

The State of Ohio } ss

Delaware County }

Johannah McCarty being duly

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

she served the within notice by delivering a true

copy thereof to the within named Johannah Collins,

Michael McCarty, John McCarty, Maggie Swope,

Ella Earhart, Patrick McCarty and Carry Mc

Carty
her

Johannah x McCarty

mark

Subscribed in my presence and sworn to before me this

28" day of Apr. 1887.

Rufus Carpenter

{Seal} Probate Judge


Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open

Court George P. Webster and George W. Reichelderfer

the subscribing witnesses to the last Will and Testa-

ment of Patrick McCarty, late of Liberty Township

in said Delaware County, deceased, who being duly

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

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

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

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

1887, purporting to be the last Will and Testament of

Patrick McCarty, now deceased, is the Will of said

deceased, Patrick McCarty, that they were present

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

the Testator, respectively subscribed their names to the

same as witnesses, in his presence, that they saw

the said Patrick McCarty deceased sign and seal

said Will, and heard him acknowledge the same to

be his last Will and Testament, and that the said

Patrick McCarty at the time of making, signing

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

and memory, and not under any restraint.

George P. Webster

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

Title

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

Description

[page 84]

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


18

Patrick McCarty's Will.

Sworn to and subscribed by said witnesses, in open

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

Rufus Carpenter
{Seal}
Probate Judge


Journal Entry.

April 28" 1887.


In the Matter of the Will of }

Patrick McCarty, Deceased }

Be it remembered

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

D. 1887, an instrument of writing purporting to be

the last Will and Testament of Patrick McCarty

late of Liberty Township, in this County, deceased

was produced in open Court for probate, and was

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

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

said Will, and of the application to admit the same

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

Johannah Collins, Michael McCarty, John Mc

Carty, Maggie Swope, Ella Earhart, Patrick

McCarty and Carry McCarty heirs and next of

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

suant to a former order of this Court; therefore on

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

elderfer, the subscribing witnesses to said Will, who

being duly sworn testified to the due execution and

attestation of said Will. Which testimony was re-

duced to writing by them respectively subscribed, and filed

with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last Will

and Testament of said Patrick McCarty, deceased.

That the same was duly executed and attested, and

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

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

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

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

admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this

Court.

Rufus Carpenter

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

Title

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

Description

[page 85]

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




19


Patrick McCarty's Will.

Copy of. Will.

In the name of the Benevolent Father of all:

I Patrick

McCarty of Liberty Township, Delaware County,

Ohio, do make and publish this my last Will and

Testament:

First it is my will that my just debts and all

charges be paid out of my Estate.

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

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

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

Executrix of this my last Will and Testament.

In testimony hereof I have hereunto set my hand

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

his

Witness. Patrick X McCarty {seal}

George P. Webster mark

Signed and acknowledged by said Patrick McCarty

as his last Will and Testament in our presence, and

signed by us in his presence.

George P. Webster {seal}

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

Title

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

Description

[page 86]

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


20

Harriet Benson's Will

Journal Entry.

May 7" 1887

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

Harriet Benson, Deceased. } Delaware County. Ohio


This day an instrument of writing purporting to be the

last Will and Testament of Harriet Benson, late of

Concord Township in this County, deceased, was

produced in open Court for Probate. On considera -

tion whereof it is ordered that the said Will be

filed in this Court, and that due notice thereof,

and of the application to admit the same to probate

and record be given to Jacob Stiles and Allice Stiles

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

ing waived service of notice and consented to the pro-

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

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

plication will be for hearing before this Court on this

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

And afterwards to-wit: it being shown to the satisfac-

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

Will, and of the application to admit the same to pro-

bate and record in this Court has been to Jacob

Stiles and Allice Stiles heirs and next of kin of the

Testatrix resident of the State of Ohio, pursuant to

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

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

scribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them re-

spectively subscribed and filed with said Will,

whereupon the Court finds that the aforesaid instru-

ment of writing is the last Will and Testament of said

Harriet Benson, deceased. That the same was du-

ly executed and attested and that the said Testatrix

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

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

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

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

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

nesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

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

Title

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

Description

[page 87]

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


21


Harriet Benson's Will

Waiver

We the undersigned heirs amd legatees of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.

Lilly G. McEntire Bailer

Sarah L. Stiles.

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

Notice to Heirs

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Harriet Benson. deceased.

To Jacob Stiles and

Alice Stiles.

You are hereby notified that on the 7th

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

porting to be the last Will and Testament of Harriet

Benson, late of Concord Township, in said County,

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

tion to admit the same to probate was on the same

day made in said Court. Said application will be

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

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

Rufus Carpenter

Probate Judge.

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


Return

The State of Ohio } ss

Delaware County }

Frank Bailer being duly sworn

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

the within notice by delivering a true copy there of to

the within named Jacob Stiles and Alice Stiles.

Frank Bailer

Subscribed in my presence and sworn to before me this

7" day of May. 1887.

Rufus Carpenter

Probate Judge

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

Title

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

Description

[page 88]

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


22

Harriet Benson's Will

Probate of Will

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court

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

nesses to the last Will and Testament of Harriet Benson

late of Concord Township in said Delaware County,

deceased; who being duly sworn according to law to

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

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

and say: That the paper before them bearing date the

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

last Will and Testament of Harriet Benson now de-

ceased is the Will of said deceased, Harriet Benson,

that they were present at the execution of said Will,

and at the request of the Testatrix, respectively subscribed

their names to the same as witnesses, in her presence;

that they saw the said Harriet Benson deceased

sign and seal said Will, and heard her acknowledge

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

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

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

mind and memory, and not under any restraint.

W.G. Watson

N.A. Coleman

Sworn to and subscribed by said witnesses in open

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

Rufus Carpenter

{Seal} Probate Judge


Copy of Will

Harriet Benson's Will.


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

Harriet Benson of Delaware County, Ohio, do make

and publish this my last Will and Testament.


Item 1st: It is my will that all my just debts and all

charges be paid out of my Estate.


Item 2nd: I give and devise to my nephew Jacob Stiles, four

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

Title

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

Description

[page 89]

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


23

Harriet Benson's Will

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

organ and gold watch and all my jewelry and one

good bed and bedding.


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

Lillie G. McIntire and Allice Stiles, all my

Real Estate and all my personal property, moneys

and credits of every description, and all my House -

Hold and Kitchen Furniture, and all my clothes to

be equally divided between them.

I do hereby revoke

all former Wills by me made.

In testimony hereof

I have hereunto set my hand and seal this 24th

day of September. A.D. 1884.

Harriet Benson. {Seal}


Signed and acknowledged by said Harriet Benson as

her last Will and Testament in our presence and

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

stance and request.

W.G. Watson

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

Title

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

Description

[page 90]

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


24

Martin Wilcox Will

Journal Entry.

April 22d 1887

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

Martin Wilcox, Deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Martin Wilcox, late of

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

duced in open Court for Probate; On Consideration

whereof it is ordered that the said Will be filed

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

the application to admit the same to probate and record,

be given to Delilah Wilcox, Charles Wilcox, Ma-

ry Budd, Laura Evarts, Edgar Wilcox, Char-

lotte R. Wilcox, Henry Wilcox, Harry Wilcox

Lucy Wilcox and Laura Wilcox heirs and next of kin

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

said application will be for hearing before this Court

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

Rufus Carpenter

Probate Judge

Notice to Heirs.

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Martin Wilcox, deceased.

To Delilah Wil-

cox, Charles Wilcox, Laura Evarts, Mary Budd,

Edgar Wilcox, Charlotte R. Wilcox. Henry Wil-

cox Harry Wilcox, Lucy Wilcox, Laura Wilcox

You are hereby notified that on the 22d day of

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

to be the last Will and Testament of Martin Wilcox

late of Berlin Township, in said County deceased,

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

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

said Court. Said application will be for hearing be-

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

at 2 o'clock P.M.

Rufus Carpenter

{Seal} Probate Judge

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

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

Title

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

Description

[page 91]

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


25

Martin Wilcox Will.

Journal Entry.

April 29th 1887

In the Matter of the Will of }

Martin Wilcox, Deceased }

The heirs and legatees of Martin

Wilcox, deceased, all not having had legal notice of

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

of May. A.D. 1887.

Rufus Carpenter

Probate Judge


Return

The State of Ohio } ss

Delaware County }

George Cleveland being duly sworn

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

he served the written notice by delivering a true copy

thereof to the within named Delilah Wilcox,

Charles Wilcox, Laura Evarts, Mary Budd, Ed-

gar Wilcox, Charlotte K. Wilcox, Harry Wilcox,

Lucy Wilcox, Laura Wilcox and Henry Wilcox.

George Cleveland.

Subscribed in my presence and sworn to before me this

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

Rufus Carpenter

{Seal} Probate Judge

Probate of Will

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court,

Joel Cleveland and Ella B. Cleveland the subscribing

witnesses to the last Will and Testament of Martin

Wilcox late of Berlin Township in said Delaware

County, deceased: who being duly sworn according to

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

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

depose and say: That the paper before them bearing date

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

last Will and Testament of Martin Wilcox, now deceased.

is the will of said deceased, Martin Wilcox, that they

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

request of the Testator, respectively subscribed their names

to the same as witnesses in his presence; that they

saw the said Martin Wilcox deceased, sign and seal

said Will and heard him acknowledge the same to be

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

Title

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

Description

[page 92]

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


26

Martin Wilcox's Will.

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

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

and not under any restraint.

Joel Cleveland

Ella B. Cleveland

Sworn to and subscribed by said witnesses in open Court,

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

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

May 12" 1887.


In the Matter of the Will of }

Martin Wilcox. Deceased. }

Be it remembered, that

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

an instrument of writing, purporting to be the last Will

and Testament of Martin Wilcox, late of Berlin Town-

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

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

ing shown to the satisfaction of the Court, that due

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

to admit the same to probate and record in this

Court, has been given to Delilah Wilcox, Charles

Wilcox, Laura Evarts, Mary Budd, Edgar Wilcox

Charlotte K. Wilcox, Henry Wilcox, Harry Wilcox

Lucy Wilcox and Laura Wilcox heirs and next of kin

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

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

came Joel Cleveland and Ella B. Cleveland the

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instru-

ment of writing is the last Will and Testament of

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

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

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

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

any restraint. It is therefore, by the Court ordered

that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses

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

entered of record in this Court.

Rufus Carpenter

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

Title

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

Description

[page 93]

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

27

Martin Wilcox's Will.

Copy of Will.

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

Wilcox of Berlin Township, Delaware County, Ohio,

do make and publish this my last Will and Testament.

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

eight acres of land including the buildings of the west

end of the farm on which we live in Berlin

Township, Delaware County, Ohio the whole farm

containing thirty five and two third acres and also the

use of the entire farm during her natural life.

Provided however that if she should intermarry at

any time after my decease then the twenty seven and

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

be sold by my administrator from the proceeds of said

sale I desire that my youngest daughter Charlotte

K. Wilcox shall have five hundred dollars and that

the remainder to be equally divided between my two

daughters Lauria Evarts & Mary Budd.

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

ed their share of my property I give to my beloved

wife Delilah Wilcox all my personal property that

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

household goods she pay all expenses of sickness and

funeral charges out of the personal property.

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

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

decease.

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

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

lotte K. Wilcox until the said Charlotte K. Wilcox

arrives at the age of twenty one years or intermarries.


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

of this my last Will and Testament hereby authorizing him

to see that the provisions of the foregoing Will are carried

out.

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

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

sion of the same in pursuance of the Statute.

In testimony hereof I have hereunto

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

Martin Wilcox {Seal}

Signed and acknowledged by said Martin Wilcox as his last Will

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

Joel Cleveland

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

Title

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

Description

[page 94]

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

28

John Lloyd's Will.

Application for Probate.


The State of Ohio } ss In Probate Court.

Delaware County }


In the Matter of the Last } Application to

Will and Testament of John } Admit to Probate.

Lloyd. Deceased. }

To the Hon. Rufus Car-

penter, Judge of the Probate Court in and for said

County:

Your petitioner respectfully represents that

John Lloyd, late a resident of the Township of Radnor

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

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

tached, purporting to be his last Will and Testament.

That the said John Lloyd died leaving the following

named persons his only next of kin resident of the

State of Ohio.


Mary A. Jones Daughter Radnor O.

Benjamin Lloyd Son " "

David Lloyd. " " "


Your petitioner prays that a time may be fixed for the

proving and said Will, and that said above named

persons may be notified according to law of the pending

of said proceedings.

Benjamin Lloyd


The foregoing application was signed in my presence and

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

Rufus Carpenter

Probate Judge


Waiver.

We, the undersigned heirs and legatees of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.


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


Attest David Lloyd's mark. Mary Ann Jones

Rufus Carpenter Benjamin Lloyd

His

Robert Rowlands. David X Lloyd.

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

Title

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

Description

[page 95]

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


29


John Lloyd's Will.

Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Robert Rowland, & Evan T Jones, the subscribing

witnesses to the last Will and Testament of John Lloyd

late of Radnor Township in said Delaware County,

deceased; who being duly sworn according to law, to

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

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

and say: That the paper before them bearing date the

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

Will and Testament of John Lloyd, now deceased, is

the Will of said deceased, John Lloyd, that they

were present at the execution of said Will, and at

the request of the Testator, respectively subscribed their

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

they saw the said John Lloyd deceased, sign and seal

said Will and heard him acknowledge the same to be

his last Will and Testament, and that the said John

Lloyd at the time of making, signing and sealing said

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

under any restraint.

Robert Rowlands

Evan T. Jones


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

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

Rufus Carpenter

Probate Judge.


Journal Entry.

May 14' 1887.

In the Matter of the Will } In Probate Court.

of John Lloyd. Deceased }

This day, an instrument of

writing, purporting to be the last Will and Testament of

John Lloyd, late of Radnor Township in this County,

deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will

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

ry Ann Jones, Benjamin Lloyd and David Lloyd

the heirs and legatees of said decedent, and entered their

appearance herein and consented to the probate of said

Will. thereupon came Robert Rowlands and Evan T.

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

Title

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

Description

[page 96]

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


30

John Lloyd's Will.

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

testation of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and filed with

said Will, whereupon the Court finds that the afore-

said instrument of writing is the last Will and Testament

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

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

making, signing and sealing said Will, was of

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

restraint. It is therefore, by the Court ordered

that the said Will be admitted to probate, and that

the same along together with the testimony of the witnesses

above named, as well as the proceedings had thereon,

be entered of record in this Court.

Rufus Carpenter

Probate Judge


Copy of Will.

In the name of the Benevolent Father of All,

amen:

I John Lloyd of Radnor Township Delaware

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

and publish the following as my last Will and Testament.


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

last sickness and funeral expenses be paid out of my

personal estate, and also expenses of Administration.


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

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

nor Township, Delaware County, Ohio, lying south

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

as Gravel road during the natural lifetime of my said

son Benjamin and in case the wife of my said son

Benjamin shall survive him, then the said Fifty

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

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

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

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

my said son Benjamin One Bureau, which I now

own, and also one Feather Bed.


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

home farm of One Hundred two and a half Acres,

situated in Radnor Township, Delaware County, Ohio,

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

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

Title

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

Description

[page 97]

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


31

John Lloyd's Will

equal shares if he leave child or children living at

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

children living at the time of his decease, then the

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


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

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

ture & bedding, excepting the Bureau & Feather

bed bequeathed to my son Benjamin in the second

item of this Will: And I also give and bequeath

to my said daughter Mary Ann Jones, the sum of

Twenty five Hundred Dollars, to be paid her out of

my personal estate.


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

personal estate, after paying my just debts etc. as

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

bequests and legacies to my said son Benjamin and my

daughter Mary Ann as directed in the second and

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

said son Benjamin Lloyd and my said daughter Mary

Ann Jones, share and share alike.

I hereby revoke all for-

mer wills by me made and declare the foregoing to

be my last Will and Testament.

Witness my signature and

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

thousand eight hundred and eighty seven.

John x Lloyd { Seal }

Signed by the said John Lloyd in our presence and by

him declared to be his last Will and Testament in

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

request and in his presence, and in the presence of

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


Robert Rowlands

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

Title

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

Description

[page 98]

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


32

William Sagers Will.

Journal Entry.

May 12, 1887

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

William Sager, Deceased. } Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of William Sager, late of

Liberty Township, in this County, deceased, was produced

in open Court for Probate; On Consideration Whereof,

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

and that due notice thereof, and of the application to

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

cis Hardin, Thornton Hardin, Victor Hardin,

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

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

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

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

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

Rufus Carpenter

Probate Judge


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of William Sager, deceased.

To Francis

Wardin, Thornton Wardin, Victor Wardin, Mary

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

You are

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

1887. an instrument of writing, purporting to be the

last Will and Testament of William Sager, late of

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

duced in open Court, and an application to admit the

same to probate was on the same day made in said

Court. Said application will be for hearing before this

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

P.M.

{ Seal } Rufus Carpenter

Probate Judge

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

D. 1887. Waiver

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

notice, and consent to the probate of said Will.

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

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

Title

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

Description

[page 99]

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


33


William Sager's Will

Return


The State of Ohio } ss

Delaware County }

Warner Hardin being duly sworn

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

1887, he served the within notice by delivering a true

copy thereof to the within named Francis Hardin,

Thornton Hardin, Victor Hardin, Mary Willey

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

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

with whom they reside.

Warner Hardin


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

day of May. 1887.

Rufus Carpenter

Probate Judge.


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

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

Will and Testament of WIlliam Sager, late of Liberty

Township in said Delaware County, deceased; who be-

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

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

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

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

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

of William Sager now deceased, is the Will of said

deceased William Sager, that he was present at the

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

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

presence; that he saw the said William Sager now

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

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

that the said William Sager at the time of making,

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

mind and memory, and not under any restraint.

T.P. Harris.


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

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

{Seal} Rufus Carpenter

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

Title

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

Description

[page 100]

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


34

William Sager's Will.

Journal Entry.

May 16" 1887.


In the Matter of the Will of }

William Sager, Deceased. }

Be it remembered, that here-

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

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

tament of William Sager, late of Liberty Township, in

this County, deceased, was produced in open Court

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

shown to the satisfaction of the Court that due not-

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

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

has been given to Francis Hardin, Thornton Hardin

Victor Hardin, Mary Willey, Daniel T. Brown,

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

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

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

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

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

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta-

tion of said Will. Which testimony was reduced

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

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

scribing witness to said Will, is a resident of Seneca

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

the Will annexed, issue herein to Harrison Noble

Probate Judge of Seneca County, directing him to

take the testimony of said subscribing witness, and return

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

this Court.

Rufus Carpenter

Probate Judge


Commission.

The State of Ohio } ss

Delaware County }

To Harrison Noble, Greeting.

Know Ye, That

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

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

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

Bright, one of the subscribing witnesses to the last

Will and Testament of William Sager, hereto annexed


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

Title

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

Description

[page 101]

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

35


William Sager's Will.

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

deceased and therefore we command you, that at cer-

tain days and places appointed by you, you cause the

said Ben J. Bright to be brought before you, and then

and there to examine him on oath or affirmation first

taken before you, touching the due execution of said Will

of the said William Sager, and that you reduce

such examination to writing, and return the same,

together with this Commission and the Will of the

said William Sager thereto annexed, closed up under

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

venient speed.

In Testimony Whereof I Rufus Car-

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

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

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

{Seal} Rufus Carpenter

Probate Judge


Copy of Will.

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

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

make and publish this my last Will and Testament.

Item first I give and devise to my beloved daughter Elizabeth

Brown and heirs and heirs twelve and half acres of my

farm as follows the 4" township and nineteenth range

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

Elizabeth Brown is to have her 12 twelve acres and

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

lot

I give and devise to my beloved son Thomas B.

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

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

I give and devise to my beloved son Jacob N.

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

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

And last of

all I give and devise to my beloved daughter Emily

Edie and her heirs 50 acres more or less on

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

19 of the aforesaid farm.

In testimony hereof I have

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

D. 1879. his

Seal William X Sager

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

Title

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

Description

[page 102]

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


36

William Sager's Will

Signed and acknowledged by said William Sager as his

last Will and Testament in our presence and signed by us

in his presence.

seal. T.P Harris

seal. Ben J Bright


Deposition of Witness to Will.


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

Seneca County } Testament of William Sager


Personally appeared before me Harrison Noble Com-

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

nesses to the last Will and Testament of William

Sager late of Liberty Township in said Delaware

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

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

nothing but the truth, in relation to the execution of

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

the execution of the paper before him bearing date the

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

Will and Testament of William Sager now de-

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

at the request of said deceased. he subscribed his name

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

the said William Sager sign and seal said Will, and

heard him acknowledge the same to be his last Will

and Testament, and that the said William Sager at

the time of making, signing and sealing said Will,

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

der any restraint.

B. J. Bright.


The State of Ohio } ss

Seneca County }

I, Harrison Noble, duly appointed

and commissioned by the Judge of the Probate Court of

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

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

nesses to the last Will and Testament of William Sa-

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

which Commission, and the said Will are hereto an-

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

mission I caused the above named Ben J. Bright

subscribing witness as aforesaid to appear before me, at

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

Title

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

Description

[page 103]

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


37

William Sager's Will



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

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

that I examined him in relation to the execution of

said Will, and reduced his testimony to writing as

above set forth in his presence and that he signed

the same in my presence, and I further certify that

I am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise inter-

estered in the Probate thereof.

In witness whereof I have

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

Harrison Noble

Commissioner

Journal Entry.

May 21" 1887.


The commissioner heretofore issued herein to take the tes-

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

es to the Will of said William Sager, deceased,

was this day returned duly executed, and the same was

filed herein.

And it appearing to the Court from the examination

of the former witness and from the deposition of the said

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

the last Will and Testament of said William Sager

deceased. That the same was duly executed and attested;

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

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

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

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

admitted to probate and that the same, together with the

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

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

Rufus Carpenter

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

Title

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

Description

[page 104]

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

38

Abner Fuller's Will.

Journal Entry.

June 7" 1887


In the Matter of the Will }

of Abner Fuller, Deceased }

An authenticated copy of the

last Will and Testament of Abner Fuller, late of Franklin

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

in said County, were this day presented to this Court

for record. Whereupon the court, finding that certain real

estate devised by said Will is situated in this Coun-

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

in such cases.

Rufus Carpenter

Probate Judge


Abner M. Fuller's Will


In the Matter of the Will } Probate Court

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

Tuesday, December 7" A.D. 1886.

This day an instrument of writing, purporting to be the

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

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

duced in open Court for Probate. It is now ordered

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

due notice thereof and of the application to admit the

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

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

three days prior thereto, that said application will be for

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

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

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

copies thereof at their usual place of residence.

Charles G. Saffin

Probate Judge.


In the Matter of the Last |

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

cil thereto of Abner M. |

Fuller, Deceased. |

The last Will and Testament

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

of Franklin County. Ohio. having been presented to

this Court for Probate and Record, and it appearing to

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

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

Title

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

Description

[page 105]

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


39

Abner M. Fuller's Will.

said Will and Codicil thereto attached reside without

the jurisdiction of this Court.

It is therefore ordered that a Commission with the

Will and Codicil thereto annexed issue herein to

Rufus Carpenter a suitable person resident of Del-

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

osition of said subscribing witnesses to said Will

and Codicil thereto attached and return the same duly

certified with all convenient speed to this Court, and

the further hearing is ordered and continued un-

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

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

Charles G. Saffin

Probate Judge

Commission

To Take Testimony of Witness to Will.


The State of Ohio } ss

Franklin County. }

To Rufus Carpenter, Greetings:

Know Ye, That

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

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

and authority to examine and take the deposition of Charles

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

subscribing witnesses to the last Will and Testament and

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

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

therefore we command you, that at certain days and places

appointed by you, you cause the said Charles Arthur,

H.M. Carper, I.D. Horr and Jas. M. Crawford to be

brought before you, and then and there to examine them on

oath or affirmation first taken before you, touching the

due execution of said Will of the said Abner M. Fuller

and that you reduce such examination to writing, and

return the same, together with this Commission and the

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

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

all convenient speed.

In Testimony Whereof I Charles G. Saffin,

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

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

December. A.D. 1886.

Charles G. Saffin

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

Title

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

Description

[page 106]

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


40

Abner M. Fuller's Will.

Copy of Will.


In the name of the Benevolent Father of All I

Abner M Fuller of Delaware County, Ohio, being of

sound and disposing mind and memory do make and pub-

lish this my last Will and Testament; hereby revoking

all former wills by me made and declaring this and this

only to be Will and Testament.


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

ses shall be paid out of my estate.


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

Jane Fuller all my personal and real estate wherever

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

of using and disposing of any part thereof if she may

think necessary.

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

it is my will that all the property then remaining

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

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

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

Hinsdale Budd wife of Benjamin Budd one share,

to Mary Bard daughter of Isaac Bard, one share,

to Elizabeth Bard daughter of Isaac Bard. one share,

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

and to Rouanna Bard daughter of Isaac Bard one share.

To have and to hold the shares above named to the

said parties named as aforesaid their heirs and assigns

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

ed herein in the 3d item should die without children

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

shall be distributed and divided to the survivors in the

proportions above named.

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

wife Eliza Jane Fuller and my friend said David H.

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

tament.

In testimony whereof I have hereunto set my

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

1873.

A.M. Fuller {seal}

Signed sealed and declared in our presence to be the last

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

at his request have signed the same as witnesses in his

presence and in presence of each other.

Charles Arthur,

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

Title

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

Description

[page 107]

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


41

Abner M. Fuller's Will.

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

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

hereto attached, to-wit:

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

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

after the death of my said wife there be paid unto

Harriet Hinsdale Budd and unto William B. Mc

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

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

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

shall be distributed and divided as follows: One half

thereof I give and devise unto David H Bard and the

other one half unto my three neices Mary Cellar

Elizabeth J Bard and Ruanna Bard in equal pro-

portions, and if either the said Harriet Hinsdale Budd

and William B. McKinnie shall die before the death

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

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

vided between the said David H. Bard, Mary Cellar

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

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

or Ruanna Bard shall die without children before the

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

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

they may be entitled under this will and codicil, shall

be distributed and divided to the survivor or survivors or

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

Bard and Ruanna Bard in the proportions above named


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

by declare said Will with the alternative made in this

codicil to be my last will and testament.

Witness my hand

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

A.M. Fuller. {seal}


Signed sealed and declared Abner M. Ful-

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

presence and we at his request have signed the same

as witnesses thereto in his presence and in presence of

each other.

I. D. Horr

Jas. M. Crawford.

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

Title

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

Description

[page 108]

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


42

Abner M. Fuller's Will.

Deposition of Witness to Will.


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

Franklin County } of Abner M. Fuller. Deceased.


Personally appeared before me Rufus Carpenter, Commis-

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

nesses to the last Will and Testament of Abner M.

Fuller, late of Blendon Township in said Franklin

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

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

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

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

ecution of the paper before them bearing date the 17"

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

Will and Testament of Abner M. Fuller now deceased,

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

request of said deceased, they subscribed their names to

the same as his witnesses in his presence; that they

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

and heard him acknowledge the same to be his last

Will and Testament, and that the said Abner M.

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

not under any restraint.

Charles Arthur

H. M. Carper.


The State of Ohio } ss

Franklin County }

I, Rufus Carpenter, duly appoint-

ed and commissioned by the Judge of the Probate

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

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

Carper subscribing witnesses to the last Will and Tes-

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

said County and State, which Commission, and the

said Will are hereto annexed, do hereby certify that in

pursuance of said Commission I caused the above named

Charles Arthur and H. M. Carper subscribing witness-

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

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

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

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

ined them in relation to the execution of said Will,

and reduced their testimonies to writing as above set forth

in their presence and that they signed the same in

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

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

Title

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

Description

[page 109]

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


43

Abner M. Fuller's Will.


in said Will, or otherwise interested in the Probate

thereof.

In witness whereof I have hereunto set my

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

Rufus Carpenter

Probate Judge.


Deposition of Witness to Codicil.


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

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


Personally appeared before me Rufus Carpenter,

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

witnesses to the last Will and Testament of Abner M.

Fuller, late of Blendon Township in said Franklin

County, deceased, who being by me first duly sworn

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

and nothing but the truth in relation to the execution of

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

were present at the execution of the paper before them

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

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

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

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

subscribed their names to the same as his witnesses in

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

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

acknowledge the same to be a Codicil to his last Will

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

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

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

any restraint.

Jas M. Crawford

I.D. Horr


The State of Ohio } ss

Franklin County }

I, Rufus Carpenter, duly apppointed

and commissioned by the Judge of the Probate Court, of

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

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

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

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

County and State, which Commission, and the said Will

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

said Commission I caused the above named Jas. M.

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

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

Title

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

Description

[page 110]

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


44

Abner M. Fuller's Estate

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

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

nothing but the truth; that I examined them in relation

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

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

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

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

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

ed in the Probate thereof.

In Witness whereof I have

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

Rufus Carpenter

Probate Judge


In the Matter of the Last Will and |

Testament and Codicil thereto at. |

tached of Abner M. Fuller, Deceased. |

Wednesday. December. 22nd A.D. 1886


The Commission heretofore issued herein to take the testimony

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

ford, the subscribing witnesses to the Will and Codicil

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

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

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

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

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

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

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

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

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

gether with the testimony so taken to be recorded according

to the Statutes in such cases made and provided.

Charles G. Saffin

Probate Judge.

The State of Ohio. Franklin County: ss

I Charles G. Saffin, Judge of the

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

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

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

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

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

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

Vol. K. Page 141 etc.

Witness my official signature, and the seal

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

1887.

Charles G. Saffin

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

Title

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

Description

[page 111]

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

45

Hugh Cole's Will

Application for Probate.


The State of Ohio } ss In Probate Court

Delaware County }


In the Matter of the Last } Application to

Will and Testament of Hugh } Admit to Probate.

Cole, Deceased.

To the Hon. Rufus Carpenter,

Judge of the Probate Court in and for said County.

Your petitioner

respectfully represents that Hugh Cole, late a resident

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

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

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

Testament. That the said Hugh Cole died leaving

Sarah Cole, his widow, and the following named persons

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

Elias Cole Son Ashley. O.

Amanda Bellman Daughter Portland. Ind.


Your petitioner prays that a time may be fixed for

the proving of said Will, and that said above named

persons may be notified according to law of the pending of

said proceedings

Elias Cole.

The foregoing application was signed in my presence and

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


Rufus Carpenter

Probate Judge.


Waiver.


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

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


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


Elias Cole

Mrs. Amanda Beelman

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

Title

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

Description

[page 112]

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


46

Hugh Cole's Will

Probate of Will.



The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open Court

Joseph F. Wilt and Wm Ashbrook the subscribing wit-

nesses to the last Will and Testament of Hugh Cole, late

of Oxford Township in said Delaware County, deceased;

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

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

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

paper before them bearing date the 20" day of March,

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

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

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

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

respectively subscribed their names to the same as wit-

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

Cole deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament

and that the said Hugh Cole at the time of making

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

mind and memory, and not under any restraint.

Joseph F. Wilt

Wm Ashbrook.


Sworn to and subscribed by said witnesses, in open

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

Rufus Carpenter
{Seal}
Probate Judge


Journal Entry.

June 6" 1887


In the Matter of the Will |

of Hugh Cole, Deceased |

This Day, an instrument of

writing, purporting to be the last Will and Testament of

Hugh Cole, late of Oxford Township in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the said

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

came Sarah Cole, widow, and Elias Cole and Amanda

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

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

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

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

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

Title

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

Description

[page 113]

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

47

Hugh Cole's Will


sworn, testified to the due execution and attestation of said

Will, which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Hugh

Cole, deceased. That the same was duly executed and

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

making, signing and sealing said Will, was of full

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

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

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

gether with the testimony of the witnesses above named as

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

this Court.

Rufus Carpenter

Probate Judge



Copy of Will

In the Name of the Benevolent Father of All, I

Hugh Cole do make this my last Will and Tes-

tament.


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

within the limits of incorporation of Ashley, County

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

goods and furniture thereto belonging to have and to hold

so long as she shall live and the lot laying between

the lot of my house and Windfield Smith lot from the

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

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

money and if she should become necessary, on the

account of sickness or any other providential occurrence

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

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

on the West and Leroy Smith on the East on the

South on the lands of James Ogden. Supposed

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

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

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

has the privilege of keeping one cow and horse and buggy

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

said said heirs may take them and sell or divide them

between themselves all of them my wife to keep one

cow.


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

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

Title

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

Description

[page 114]

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

48

Hugh Cole's Will

=uated in Marlborough Township, County of Delaware

and State of Ohio, containing one hundred and fifty three

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

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

pay Amanda Beelman the sum of Eight Hun-

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

of Amanda Beelman and Elias Cole is to pay to

Amanda Beelman at the rate of thirty dollars an

Acre for the said one hundred and fifty three acres and

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

said land money for two years after the death of

my self or wife , the interest on the eight hundred

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

Interest on the land money to commence on and after

the death of myself or wife. Interest at six percent

on all money. Elias not to pay over five hundred

dollars a year unless it is convenient for him to pay

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

wife my heirs will take possession of my property both

Real and Chattel in the incorporated Villa of Ashley

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

or keep it

I have a judgment against Samuel Sharp for about

five hundred dollars if not collected in my time I

desire my executors to collect it and divide it equally

between my three grandchildren to-wit: Charles Cole,

Milo Cole and Hugh Beelman it is my desire

that my executors will settle my Estate without

Probate Court do it fairly and justly.

In testimony where-

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

March. 1884.

Hugh Cole {seal}


Signed and acknowledged by said Hugh Cole as his

last Will and Testament in our presence and signed by

us in his presence.

Joseph F. Wilt

Wm Ashbrook.

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

utors of this my last will and testament hereby authorize

and empowering them to adjust release and discharge

in such manner as they may deem proper the debts

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

Title

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

Description

[page 115]

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


49

Eliza T. Glover's Will.

Journal Entry.

June 6" 1887


In the Matter of the Will | Probate Court.

of Eliza T. Glover. Deceased. |

This day, an instrument

of writing, purporting to be the last Will and Testament

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

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

bate, On consideration whereof, it is ordered that the

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

tice thereof, and of the application to admit the same

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

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

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

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

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

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

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

Rufus Carpenter

Probate Judge.


Notice to Heirs


The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Eliza T. Glover, deceased.

To John J. Glover,

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

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

You are

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

instrument of writing, purporting to be the last Will and

Testament of Eliza T. Glover late of Delaware City,

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

an application to admit the same to probate was on

the same day made in said Court. Said application

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

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

Rufus Carpenter

Probate Judge

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


Return.

The State of Ohio } ss

Delaware County }

Amos Glover being duly sworn, says

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

Title

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

Description

[page 116]

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

50

Eliza T. Glover's Will.

within notice by delivering a true copy thereof to the

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

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

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

this notice.

Amos Glover

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

day of June 1887.

Rufus Carpenter

Probate Judge.


Probate of Will.


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

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


The State of Ohio } ss

Delaware County }

John Cunningham, being duly

sworn and examined as a witness in the above entitled

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

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

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

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

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

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

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

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

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

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

and memory, and not under any restraint.

John Cunningham

Sworn to and subscribed by said witness in open Court,

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

Rufus Carpenter

{Seal} Probate Judge.

The State of Ohio } ss

Delaware County }

H.M. Perkins, being duly sworn and

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

I was present at the execution of the instrument now

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

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

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

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

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

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

Title

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

Description

[page 117]

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

51

Eliza T. Glover's Will.


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

her presence, subscribed my name to the same as a

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

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

mind and memory, and not under any restraint,

H.M. Perkins

Sworn to and subscribed by said witness in open Court,

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

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

June 13" 1887.


In the matter of the Will of |

Eliza T. Glover. Deceased. |

Be it remembered, that here-

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

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

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

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

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

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

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

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

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

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

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

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

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

kins the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attestation of

said Will. Which Testimony was reduced to writing, by

them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instrument

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

Glover, deceased. That the same was duly executed and

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

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

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

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

be admitted to probate, and that the same. together with the

testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this

Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 118)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 118)

Description

[page 118]

[corresponds to page 52 of Delaware County Will Records Vol. 8 1887-1890]


52

Eliza T. Glover's Will.

Copy of Will.


In the Name of the Benevolent Father of All I, Eliza

T. Glover of the County & City of Delaware, Ohio, Being

of sound mind and memory do make and publish this my

last Will and testimony in manner and form following.


1st. It is my will that all my just debts and expenses be

paid

2d I give and devise to my son Amos Glover the house and

lot where I now reside on west William Street being

the Lot I purchased from M. D. Civil & wife. Being

132 feet front and 363 feet back with all the buildings there-

on and all the furniture & bed and beding in the south east room

which I give to my grand daughter Allace Glover that

being the room she now occupys.


3d It is my will that the house and lot I now own on the

south side of William Street be sold as soon as can be

done without sacrifice and the proceeds with the notes and

money I may be possessed of at my decease shall be

divided (If there shall be sufficient to pay that amount,

as follows, to my son John J. Glover three thousand dollars

and to my daughter Eliza J. Simpson three thousand dollars

and to my son Samuel Glover three thousand dollars

and to my daughter Mary Neff three thousand dollars

and to my daughter Sarah McDarvin three thousand dollars

and to the heirs of my son Arthur Glover deceased three thous-

and dollars that amount to be divided equally between all

that may be living at my decease of said heirs.


4th If there shall be any surplus after paying the foregoing be-

quests the balance shall be equally divided between my son

Amos Glover and all the heretofore named sons & daughters and

to the heirs of Arthur Glover one seventh share as heretofore

stated.

5th I hereby appoint my son Amos Glover as my Executor to

carry out the provisions of this my last will and testament

and he is hereby authorized to sell and convey any real estate

the same as I could do myself either at public or private

sale as he may think best.

In testimony whereof I hereunto set my hand

and seal this fourth day of March .A.D. 1883.

Eliza T. Glover. {Seal}

Signed and acknowledged by Eliza T. Glover the testator in our

presence and signed by us in her presence and at her request.

John Cunningham

H.M. Perkins.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 119)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 119)

Description

[page 119]

[corresponds to page 53 of Delaware County Will Records Vol. 8 1887-1890]


53

David A. Stark's Will.

Journal Entry.

June 29" 1887


In the Matter of the Will | In the Probate Court of

of David A. Stark, Deceased. | Delaware County ,Ohio.


This day, an instrument of writing, purporting to be the

last Will and Testament of David A. Stark, late of

Delaware City, in this County, deceased, was pro-

duced in open Court for Probate, On consideration

whereof, it is ordered that the said Will be filed in

the Court. And thereupon came Maggie R. Stark

widow and only heir at law of said David A Stark,

deceased, and entered her appearance herein and consent-

ed to the probate of said Will. And afterwards ,to-wit,

came F.M. Marriott and Charles W. Knight the sub-

scribing witnesses to said Will, who being duly sworn

testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them re-

spectively subscribed, and filed with said Will, where-

upon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said David A.

Stark, deceased. That the same was duly executed and

attested; and that the said Testator, at the time of

making, signing and sealing said Will, was of full age,

of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this

Court. And it appearing that Maggie R. Stark, his widow, is the only heir under

said Will, and that there are no debts against said Estate, the appointment of an

Executor under said Will is deferred.

Rufus Carpenter

Probate Judge.

Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County

Personally appeared in open Court

Charles W. Knight and F. M. Marriott the subscribing

witnesses to the last Will and Testament of David A.

Stark, late of Delaware Township in said Delaware

County, deceased, who being duly sworn according to

law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will

depose and say: That the paper before them bearing date

the 7" day of October .A.D. 1886, purporting to be the

last Will and Testament of David A. Stark now deceased,

is the Will of said deceased, David A. Stark, that
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 120)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 120)

Description

[page 120]

[corresponds to page 54 of Delaware County Will Records Vol. 8 1887-1890]


54

David A. Stark's Will.

they were present at the execution of said Will, and at

the request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence; that

they saw the said David A. Stark deceased sign and

seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said

David A. Stark at the time of making, signing and

sealing said Will, was of full age, of sound mind and mem-

ory, and not under any restraint.

F.M. Marriott

Charles W. Knight

Sworn to and subscribed by said witnesses, in open Court,

this 29" day of June. A. D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Copy of Will.


Last Will and Testament of David A. Stark of

Delaware Ohio.


I, David A. Stark of Delaware Ohio of sound and dis-

posing mind, wishing while yet in full life to make

disposition of my property do on this 7th day of October

at Delaware Ohio make and publish this my last Will

and Testament.

That is to say I give devise and bequeath all my estate

of every kind and description whether of Real or person-

al property of which I may die seized to my beloved

wife Maggie R. Stark to be hers and her heirs forever,

making only the reservation that all my debts and

funeral expenses be paid.

I hereby nominate, constitute and appoint my said wife

Maggie R Stark Executrix of this my last Will.

and I request and direct that she be not required to give

bond as such Executrix.

In testimony whereof I have hereunto set

my hand and seal this 7" day of October, 1886.

David A. Stark { }

Signed sealed and acknowledged by the said David A.

Stark as his Last Will and Testament in our presence

and at his request by us signed as witnesses in his

presence and in the presence of each other this 7" day

of October. 1886.

Charles W. Knight

F.M. Marriott.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 121)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 121)

Description

[page 121]

[corresponds to page 55 of Delaware County Will Records Vol. 8 1887-1890]


55

Louisa Cockrell's Will.

Journal Entry.

July 12" 1887.


In the Matter of the Will of | In the Probate Court of

Louisa Cockrell. Deceased. | Delaware County. Ohio


This day, an instrument of writing, purporting to be the

last Will and Testament of Louisa Cockrell, late of Ge-

noa Township, in this County, deceased, was produced

in open Court for Probate; On consideration whereof, it

is ordered that the said Will be filed in this Court,

and that due notice thereof, and of the application to admit

the same to probate and record be given to James M.

Cockrell husband of decedent, William H. Deremer - John

L. Deremer - Andrew B. Deremer - Ann M Deremer -

Simon W. Deremer - George B. A. Deremer - Emily J

Smothers and Charles G. Deremer, heirs and next of kin

of the Testatrix, resident of the State of Ohio, that said

application will be for hearing before this Court on

the 19th day of July A.D. 1887. at 2 o'clock P.M.

Rufus Carpenter

Probate Judge


Notice to Heirs.

The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and Tes-

tament of Louisa Cockrell, deceased.

To James M. Cockrell.

William H. Deremer - John L. Deremer - Andrew B.

Deremer - Ann M. Deremer - Simon W. Deremer -

George B. A. Deremer - Emily J. Smothers and Charles

G. Deremer:

You are hereby notified that on the 12" day of Ju=

ly. A.D. 1887. an instrument of writing, purporting to be

the last Will and Testament of Louisa Cockrell, late of

Genoa Township, in said County, deceased, was produced

in open Court, and an application to admit the same

to probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 19" day of July. A.D. 1887. at 2 o'clock P.M.

Rufus Carpenter

Probate Judge.


Dated at Delaware Ohio, this 12" day of July A.D

1887.

{ Seal }
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 122)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 122)

Description

[page 122]

[corresponds to page 56 of Delaware County Will Records Vol. 8 1887-1890]

56

Louisa Cockrell's Will

Return.


The State of Ohio } ss

Delaware County }

John Adams being duly sworn, says

that on the 14" day of July. A.D. 1887. he served the with=

-in notice by delivering a true copy thereof to the within

named James M Cockrell , William Dermer. John

Dermer - July 16' 1887. Anna Dermer - Simon W. Der.

=mer _ George B. Dermer- Emily J. Smothers - Charles B.

Dermer and Andrew B. Dermer.

John Adams.

Subscribed in my presence and sworn ' to before me this

19th day of July 1887.

Rufus Carpenter

{Seal} Probate Judge


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

John Adams and John Loar the subscribing witnesses

to the last Will and Testament of Louisa Cockrell late

of Genoa Township in said Delaware County, deceased;

who being duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth; in relation to

the execution of said Will. depose and say: That the pa=

=per before them bearing date the 4th day of February A.D.

1887, purporting to be the last Will and Testament of Lou=

=isa Cockrell now deceased, is the Will of said deceased,

Louisa Cockrell, that they were present at the exec=

=tion of said Will, and at the request of the Testatrix,

respectively subscribed their names to the same as wit=

=nesses, in her presence; that they saw the said Louisa

Cockrell deceased, sign and seal said Will, and heard her

acknowledge the same to be her last Will and Testament,

and that the said Louisa Cockrell at the time of

signing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

John Adams

John Loar.


Sworn to and subscribed by said witnesses, in open Court,

this 19" day of July. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 123)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 123)

Description

[page 123]

[corresponds to page 57 of Delaware County Will Records Vol. 8 1887-1890]

57

Louisa Cockrell's Will.

Journal Entry

July 19" 1887.


In the Matter of the Will of }

Louisa Cockrell. Deceased. }

Be it remembered, that here-

tofore, to-wit: on the 12" day of July A.D. 1887, an

instrument of writing, purporting to be the last Will and

Testament of Louisa Cockrell, late of Genoa Township

in this County, deceased, was produced in open Court

for probate, and was then filed. And, it now being shown

to the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit the

same to probate and record in this Court, has been given

to James M. Cockrell her widower, and William H. Dere-

mer - John L Deremer- Andrew B. Deremer- Ann M.

Deremer- Simon W. Deremer- George B.A. Deremer -

Emily J. Smothers and Charles G. Deremer heirs and next

of kin of the Testatrix, resident of the State of Ohio, pur-

=suant to a former order of this Court; therefore on this

day came John Adams. and John Loar the subscribing

witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will. Which

testimony was reduced to writing , by them respectively sub-

scribed and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the

last Will and Testament of said Louisa Cockrell, deceased.

That the same was duly executed and attested; and that the

said Testatrix at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory,

and not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and

that the same, together with the testimony of the witness=

=es above name, as well as the proceedings had thereon, be

entered of record in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will

In the name of the Benevolent Father of All

Item 1st I give and devise to my daughter Ann M. Bureau

fall leaf table, Stand and Large arm. rocking chair, 25

yards carpet striped with red. best bed including the

sheets, blankets and quilts, pillows necessary to complete

a bed, two coverlets, one green & red. one blue & white

one quilt called the Irish chain. one white wool blanket

red stripe on the ends also two pictures for the walls.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 124)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 124)

Description

[page 124]

[corresponds to page 58 of Delaware County Will Records Vol. 8 1887-1890]


58

Louisa Cockrell's Will.


Item 2d I give and devise to Simon Wesley, one quilt star quilt

one dark comforter also two picture for the wall.

Item 3d I give and devise to Emma J. Smothers, one cook stove

and all cooking utensils belonging with it, one carpet the

old one.

Item 4th I give and devise to George A. one set chairs wooden bot=

=tom, one cain bottom rocking chair, one feather bed &

two pillows, one comforter dark calico (2 quilts) one star

quilt one Washington march, and two pictures for the wall.


Item 5th I give and devise to Charles G. one bed complete with dark

bedstead the same one he bought. (two quilts) one

star quilt & one sugar leaf. one comforter dark calico,

one safe, one clock, also two pictures for the wall,


Item 6th I give and devise to William H. (one quilt) star quilt joined

with pink.

Item 7th I give and devise to John L. (one quilt) call the dou-

ble X.

Item 8th I give and devise to Andrew B. one quilt, called the

sugar bowl.

Item 9th I give and devise to my children equal all of my effects

not mentioned in this writing also what Pork there is left.

Item 10th It is my last will that the house and lot be sold &

divided equal between my children.

In testimony hereof

I have hereunto set my hand and seal this 4th day

of February. 1887.

Louisa Cockrell. {Seal}


Signed and acknowledged by said Louisa Cockrell as

her last Will and Testament and by us in her presence.

Witness John Adams {Seal}

John Loar {Seal}


In testimony whereof I have hereunto subscribed my

name officially this 4th day of February. 1887.

James Cockrell

Justice of the Peace
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 125)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 125)

Description

[page 125]

[corresponds to page 59 of Delaware County Will Records Vol. 8 1887-1890]


59

Robert Alfred Whyte's Will.

Journal Entry.

June 21" 1887.

In the Matter of the Will of }

Robert Alfred Whyte. decd }

An authenticated copy of

the last will and testament of Robert A. Whyte, late

of Hamilton Co. O., deceased, and of the order of probate

of the same, in said County, were this day presented to

this Court for record. Whereupon the court, finding

that certain real estate devised by said Will is situ=

=ated in this county, hereby admits said copies to record,

as provided by law in such cases.

Rufus Carpenter

Probate Judge



Copy.

State of Ohio } ss

Hamilton County}

Whereas, Robert A. Whyte late of

the County of Hamilton and State of Ohio, died, leav=

=ing a last Will and Testament (a true copy whereof is

hereto attached) which said Will has been duly prov=

=en and admitted to record by our Probate Court with=

in and for the County aforesaid, on the 8th day of Jany.

A.D. 1883.

Know Ye Therefore, That the said

Probate Court has granted unto Martha E Whyte

the Executrix in said Will named, Letters Testa=

=mentary thereon: hereby granting to said Executrix

all and singular, the power necessary and by law required,

to enable her to take an inventory of, collect, sue for,

and recover, all and singular, the goods, chattels, and cred-

=its of the said deceased; and out of the same, or such

part thereof as shall come to her hands, the debts of

the said deceased, and the legacies in said Will named,

to pay and discharge according to law, and to the Will

of said Testator, and the same fully to administer in

all things as required by law.

And the Court has appointed _______

______ ______ ______ ___=___ ____ to appraise, on oath or affirma:

tion, all and singular, the goods, chattels and credits of the

said deceased.

In Testimony Whereof, I have hereunto set my hand and

affixed the seal of the said Probate Court, at Cincinnati,

the 8th day of Jan'y in the year of our Lord one thousand

eight hundred and eighty three.

{Seal} Isaac B. Matson Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 126)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 126)

Description

[page 126]

[corresponds to page 60 of Delaware County Will Records Vol. 8 1887-1890]

60

Robert Alfred Whyte's Will.

Cincinnati Hamilton Co., Ohio.

October the 28th 1882.

In the Name of God Amen, Know all men, by

these Presents, that I Robert Alfred Whyte be=

=ing of sound mind and memory do make and publish

this as my last Will and Testament.

1st that all my just

debts, and funeral Expenses be paid,

2d. I give and Bequeath to my beloved Martha E.

Whyte, all my Real and Personal Estate, and Prop=

=erty.

3rd, I nominate and appoint my wife Martha E. Whyte

Executrix of my will and I desire that no Bond or

Security be required of her.

as witness my hand this

28th day of October 1882.

Robt. A. Whyte


Witnesses Signed by him in our Presence and by us

in his Presence and in Presence of each other.


R.F. Fossett

Chr Mund.

October the 28th 1882.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 127)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 127)

Description

[page 127]

[corresponds to page 61 of Delaware County Will Records Vol. 8 1887-1890]


61

William Smith's Will.

Journal Entry.

August 6" 1887


In the Matter of the Will } In the Probate Court of

of William Smith, Deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of William Smith,

late of Thompson Township, in this County, deceased,

was produced in open Court for Probate; On consideration

whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof, and

of the application to admit the same to probate and

record, be given to Lucinda Smith, his widow, and

Jane M. Fausnaught and Artemecia Knackle, next

of kin of the testator, resident of the State of Ohio.,

that said application will be for hearing before this

Court on the 11th day of August A.D. 1887. at 10

o'clock A.M.

Rufus carpenter

Probate Judge.


Notice to Heirs.


The State of Ohio } In Probate Court

Delaware County, ss }

In the matter of the last Will and

Testament of William Smith, deceased.

To Lucinda Smith

Jane M. Fausnaught and Artemecia Knackle:

You are hereby

notified that on the 6" day of August A.D. 1887, an

instrument of writing, purporting to be the last Will

and Testament of William Smith, late of Thompson

Township, in said County, deceased, was produced in

open Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before this

Court on the 11" day of August. A.D. 1887. at 10

o'clock A.M.

Rufus Carpenter

Probate Judge.


Dated at Delaware Ohio, this 6" day of August

A.D. 1887

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 128)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 128)

Description

[page 128]

[corresponds to page 62 of Delaware County Will Records Vol. 8 1887-1890]


62

William Smith's Will.

Return.

The State of Ohio } ss.

Delaware County } Eli Sloop being duly sworn,

says that on the 6" day of Au=

gust. A.D. 1887. he served the within notice by de=

=livering a true copy thereof to the within named

Lucinda Smith, Jane M. Fausnaught & Arti=

=mecia Knackle.

Eli Sloop.


Subscribed in my presence and sworn to before me,

this 11th day of Aug. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open

Court Eli Sloop & Martha J. Sloop. the sub-

=scribing witnesses to the last Will and Testament of

William Smith, late of Thompson Township in

said Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the

whole truth and nothing but the truth, in rela=

tion to the execution of said Will, depose and say:

That the paper before them bearing date the 27"

day of November. A.D. 1885. purporting to be the last

Will and Testament of William Smith now de=

=ceased, is the Will of said deceased William Smith

that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his pres=

=ence; that they saw the said William Smith

deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and

Testament, and that the said William Smith at

the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not

under any restraint.

Eli Sloop.

Martha I Sloop.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 129)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 129)

Description

[page 129]

[corresponds to page 63 of Delaware County Will Records Vol. 8 1887-1890]


63

William Smith's Will


Sworn to and subscribed by said witnesses, in open

Court, this 11th day of August. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

Aug. 11" 1887.


In the Matter of the Will of }

William Smith, Deceased. } Be it remembered, that

heretofore, to-wit: on the 6"


day of August. A.D. 1887. an instrument of writing

purporting to be the last Will and Testament of Wil=

=liam Smith, late of Thompson Township, in this

County, deceased, was produced in open Court for pro=

=bate, and was then filed. And, it now being shown

to the satisfaction of the Court, that due notice of

the filing of said Will, and of the application to admit

the same to probate and record in this Court, has

been given to Lucinda Smith his widow, and Jane

M Fausnaught and Artimecia Knackle next of kin

of the Testator, resident of the State of Ohio, pur=

=suant to a former order of this Court; therefore, on

this day came Eli Sloop and Martha J. Sloop

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and filed

with said Will. Whereupon the Court finds that:

the aforesaid instrument of writing is the last Will and

Testament of said William Smith, deceased. That

the same was duly executed and attested; and that the

said Testator, at the time of making, signing and seal=

=ing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admit=

=ted to probate, and that the same, together with the

testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in

this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 130)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 130)

Description

[page 130]

[corresponds to page 64 of Delaware County Will Records Vol. 8 1887-1890]


64

William Smith's Will.

Copy of Will.

In the name of the Benevolent Father of All, I,

William Smith of Thompson Township, Delaware

County and State of Ohio, do make and publish

this my last Will and Testament.


1st After my funeral expenses are paid I will and di=

=rect that Lucinda Smith my wife shall have

all of my property both real and personal if she

shall survive me for her own use and benefit as long

as she may live.

2d After Lucinda Smith my wife is deceased I di-

rect that Artimecia Knachel my daughter & Sam=

=uel Knachel her husband shall have and hold for

their own use and benefit as long as they may live -

all of my real estate in said Township and Coun=

=ty, except six acres on the north end of (23) Twen=

ty three acres of Land that I bought of James Al=

=exander. On the following trusts that is they shall

pay to Jane Mary Fausnaught ($600.00) Six hundred

dollars inside of six years after my death and after the

death of Lucinda Smith and they shall keep the

taxes paid up on all of the Land in their possession.

And the (6) six acres above mentioned or excepted

give to Jane Mary Fausnaught my daughter without

conditions.

3d After Artimecia Knackel and Samuel Knackel

shall be deceased then my real estate shall be sold and

the proceeds be divided between Artimecia Knackels heirs.

4th. If there shall be any personal property or money of

notes left after my death and Lucinda Smith's death

the perishable property shall be sold and the whole of my

personal property shall be divided equally between my

daughter Jane Mary Fausnaught's heirs.

5th. I will that Lucinda Smith my wife be administra=

=tor without giving bonds or without making Inven=

=tory or Appraisement.

William Smith {Seal}



The above was signed in the presence of us witness-

=es this 27" day of November. A.D. 1885.

Witnesses. { Martha J. Sloop

{ Eli Sloop
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 131)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 131)

Description

[page 131]

[corresponds to page 65 of Delaware County Will Records Vol. 8 1887-1890]


65

Thadeus O. Seely's Will.

Journal Entry.

August 15" 1887.


In the Matter of the Will } In the Probate Court of

of Thadeus O. Seely. Deed } Delaware County. Ohio.


This day, an instrument of writing, purporting to be the

last Will and Testament of Thadeus O. Seely, late

of Concord Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record,

be given to Mary E. Thomas - Sue Thompson - An -

=tinett Seely and William B. Seely heirs and next of

kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before this

Court on the 23d day of August. A.D. 1887 at 10 o'clock.

Rufus Carpenter

Probate Judge


Journal Entry.

Aug 23d 1887.

In the Matter of the Will }

Thadeus O. Seely. Decd } All the heirs not having yet been

served with Notice this cause

is continued until Tuesday. the 30" day of August. A.D.

1887 at 10 o'clock A.M.

Rufus Carpenter

Probate Judge.


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and Tes=

=tament of Thadeus Seely. deceased.

To Mary E. Thomas, Sue

Thompson - Antinett Seely - William T. Seely & H.B.

Seely.

You are hereby notified that on the 15th day of August

A.D. 1887. an instrument of writing, purporting to be the

last Will and Testament of Thadeus Seely late of Con=

=cord Township, in said County, deceased, was produced

in open Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 23rd day of August. A.D. 1887. at 10 o'clock.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 132)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 132)

Description

[page 132]

[corresponds to page 66 of Delaware County Will Records Vol. 8 1887-1890]


66

Thadeus O. Seely's Will.

A.M.

Rufus Carpenter, Probate Judge.

Dated at Delaware Ohio, this 13th day of August. A.

D. 1887.

Return.

The State of Ohio } ss

Delaware County } H.B. Seely being duly sworn, says

that on the 17" & 26" days of Aug=

=ust. A.D. 1887. he served the within notice by delivering

a true copy thereof to the within named Mary E. Thom:

=as - Sue Thompson - Antinette Seely and William T.

Seely.

H.B. Seely.

Subscribed in my presence and sworn to before me this

30' day of Aug. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio }ss In Probate Court.

Delaware County. }

Personally appeared in open Court

Leroy A. Glick and M.E. Wollam the subscribing wit=

nessess to the last Will and Testament of Thadeus O.

Seely late of Concord Township in said Delaware

County. deceased; who being duly sworn according to law,

to speak the truth, the whole truth, and nothing but the

truth, in relation to the execution of said Will, depose and

say: That the paper before them bearing date the 12th

day of July. A.D. 1886. purporting to be the last Will

and Testament of Thadeus O. Seely, that they

were present at the execution of said Will, and at the re=

=quest of the Testator, respectively subscribed their names

to the same as witnesses, in his presence, that they saw

the said Thadeus O. Seely, deceased, sign and seal said

Will, and heard him acknowledged the same to be his

last Will and Testament, and that the said Thadeus O

Seely at the time of making, signing and sealing said Will

was of full age, of sound mind and memory, and not under

any restraint.

Leroy A. Glick.

M.E. Wollam.

Sworn to and subscribed by said witnesses, in open Court,

this 30" day of August. A.D. 1887.

{seal} Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 133)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 133)

Description

[page 133]

[corresponds to page 67 of Delaware County Will Records Vol. 8 1887-1890]


67

Thadeus O. Seely's Will.

Journal Entry.


August 30 1887.


In the matter of the Will of |

Thadeus O. Seely. Deceased | Be it remembered, that

heretofore, to-wit: on the

15" day of August. A.D. 1887 an instrument of writing

purporting to be the last Will and Testament of Thadeus

O. Seely, late of Concord. Township, in this Coun=

=ty, deceased, was produced in open Court for probate,

and was then filed. And, it now being shown to the

satisfaction of the Court, that due notice of the fil=

=ing of said Will, and of the application to admit

the same to probate and record in this Court, has been

given to Mary E. Thomas - Sue Thompson - Anti=

=nette Seely and William T. Seely heirs and next

of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court; therefore on

this day came Leroy A. Glick and M.E. Wollam the

subscribing witnesses to said Will, who being duly sworn

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will.

whereupon the Court finds that the aforesaid instru=

=ment of writing is the last Will and Testament of said

Thadeus O. Seely, deceased. That the same was du=

ly executed and attested, and that the said Testator

at the time of making, signing and sealing said Will

was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court,

ordered that the said Will be admitted to probate, and

that the same, together with the testimony of the wit=

nesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.

Copy of Will.

In the name of the Benevolent Father of All,

I, Thadeus O. Seeley of the Township of Concord,

County of Delaware and State of Ohio do make and

publish this my last will and testament.

Item 1st I give and devise to my son Heric B. Seeley all of

the farm on the west of the pike on which I now

reside. Situated in the above said County, he to

pay my sons Charles Seeley Five Hundred Dol=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 134)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 134)

Description

[page 134]

[corresponds to page 68 of Delaware County Will Records Vol. 8 1887-1890]


68

Thadeus O. Seely's Will.

lars ($500.00) to James P. Seeley Five Hundred

Dollars ($500.00) to William T. Seeley Fifteen Hun=

=dred Dollars $1500, to Mary E. Thomas Five Hun=

=dred Dollars ($500.00) to be invested in real estate

for her heirs forever.

Item 2nd. Provided William I would rather have one half of

the aforesaid land then he to pay the one half of

the amount named to Charles, James P. and Mary

E. Thomas.

Item 3rd The Land in the East side of the pike I give and

devise to my daughter Antoinett Seeley she to pay

Susan J Thompson One Thousand Dollars. to the

Heirs of my son Josiah Seeley namely Charles she

is to give one horse valued at One Hundred Dollars -

to Carel also one horse valued at One Hundred to

Nellie One Hundred Dollars ($100.00).

Item 4th I desire that the above named amounts be paid

within five years of my decease with five per cent

interest from the date of m decease.

I desire that no appraisement and no sale of my per=

=sonal property be made and that the court of Probate

direct the omission of the same in pursuance of the

statute.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand

and seal this 12" day of July. in the year 1886.

Thadeus O. Seely. {Seal},


Signed and acknowledged by said Thadeus O. Seeley

as his last will and testament in our presence and sign=

=ed by us in his presence.

Leroy A. Glick

M.E. Wollam.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 135)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 135)

Description

[page 135]

[corresponds to page 69 of Delaware County Will Records Vol. 8 1887-1890]


69

Elnathan R. Craig's Will.

Journal Entry.

August 27" 1887


In the Matter of the Will of | In the Probate Court of

Elnathan R. Craig. Deceased | Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Elnathan R. Craig,

late of Delaware Township, in this County, deceased.

was produced in open Court for Probate; On Con:

sideration whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and rec=

=ord, be given to Sarah Ann Craig his widow and

Francis Schaff heir and next of kin of the Testator,

resident of the State of Ohio, that said application

will be for hearing before this Court on the 31st day of

August. A.D. 1887. at 9 o'clock. A.M.,

Rufus Carpenter

Probate Judge.


Notice to Heirs.

The State of Ohio } ss In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Elnathan R. Craig. deceased.

To Sarah Ann

Craig & Francis Schaff:

You are hereby notified

that on the 27th day of August. A.D. 1887 an instrument

of writing, purporting to be the last Will and Testament

of Elnathan R. Craig, late of Delaware Township,

in said County, deceased, was produced in open Court,

and an application to admit the same to probate was on

the same day made in said Court. Said application

will be for hearing before this Court on the 31st day

of August. A.D. 1887. at 9 o'clock .A.M.

Rufus Carpenter

Probate Judge


Dated at Delaware Ohio, this 27" day of Aug:

ust. A.D. 1887.

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 136)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 136)

Description

[page 136]

[corresponds to page 70 of Delaware County Will Records Vol. 8 1887-1890]


70

Elnathan R. Craig's Will.

Return.


The State of Ohio } ss

Delaware County }

J.G. Grove, being duly sworn,

says that on the 27" day of August. A.D. 1887. he served

the within notice by delivering a true copy thereof to

the within named Sarah Ann Craig and Fran=

=cis Schaff.

J. G. Grove.

Subscribed in my presence and sworn to before me.

this 31st day of August. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open

Court Henry S. Culver and Frank L. Grove the

subscribing witnesses to the last Will and Testament

of Elnathan R. Craig late of Delaware Township

in said Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the ex=

ecution of said Will, depose and say: That the pa=

=per before them bearing date the 28" day of August,

A.D 1884. purporting to be the last Will and Testament

of Elnathan R. Craig now deceased, is the Will

of said deceased, Elnathan R. Craig. that they were

present at the execution of said Will, and at the request

of the Testator, respectively subscribed their names to

the same as witnesses, in his presence; that they saw

the said Elnathan R. Craig deceased, sign and

seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said

Elnathan R. Craig at the time of making, signing

and sealing said Will, was of full age, of sound mind

and memory and not under any restraint.

Henry S. Culver

Frank L. Grove.

Sworn to and subscribed by said witnesses, in open Court,

this 31st day of August. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 137)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 137)

Description

[page 137]

[corresponds to page 71 of Delaware County Will Records Vol. 8 1887-1890]


71

Elnathan R. Craig's Will.

Journal Entry.

August 31" 1887.


In the Matter of the Will of |

Elnathan R. Craig Deceased |

Be it remembered, that

heretofore, to-wit: on the 27" day of August. A.D. 1887.

an instrument of writing, purporting to be the last Will

and Testament of Elnathan R. Craig, late of Delaware

Township, in this County, deceased, was produced in

open Court, for probate, and was then filed. And, it

now being shown to the satisfaction of the Court, that

due notice of the filing of said Will, and of the appli-

=cation to admit the same of probate and record in this

Court, has been given to Sarah Ann Craig his

widow and Francis Schaff next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order

of this Court; therefore, on this day came Henry S.

Culver and Frank L. Grove the subscribing witnesses

to said Will, who being duly sworn, testified to the due

execution and attestation of said Will. Which testi-

mony was reduced to writing, by them respectively

subscribed, and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writing

is the last Will and Testament of said Elnathan R.

Craig, deceased. That the same was duly executed

and attested; and that the said Testator, at the time of

making, signing and sealing said Will, was of full age,

of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said

Will be admitted to probate, and that the same togeth=

=er with the testimony of the witnesses above named, as

well as the proceedings had thereon, be entered of record

in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.

Last Will of Elnathan R. Craig.

In the name of the Benevolent Fath-

=er of All:

I Elnathan R. Craig of the County of

Delaware and State of Ohio being of sound and dispos=

=ing mind and memory, do make and publish this

my last will and testament.

First - I direct that all my just debts including fun=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 138)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 138)

Description

[page 138]

[corresponds to page 72 of Delaware County Will Records Vol. 8 1887-1890]


72

Elnathan R. Craig's Will.

eral expenses be paid out of my estate.


Second. - I give devise and bequeath unto my beloved wife Sarah

Ann Craig. all my estate both real and personal in

whatever it may consist or wherever situated, that I may

die possessed of, to be by her used & disposed of during

her natural life precisely the same as I myself might

do were I living, giving my said wife full power to sell

exchange invest and reinvest the same as to her shall

seem neet and proper. And I do hereby make consti=

-tute and appoint my said wife sole executrix of this

my last will and testament, hereby revoking all other

wills by me at any time heretofore made.

In witness whereof

I have hereunto set my hand and seal the twenty

eighth day of August. A.D. 1884.

Elnathan R. Craig. {Seal}


Signed by the said testator

Elnathan R. Craig as and

for his last will and testa=

ment in the presence of us

who at his request in his

sight and presence and in the

presence of each other have

subscribed our names as

attesting witnesses.

Henry S. Culver {Seal}

Frank L. Grove {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 139)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 139)

Description

[page 139]

[corresponds to page 73 of Delaware County Will Records Vol. 8 1887-1890]


73

Rees Williams' Will

Journal Entry.

August 23rd 1887.


In the Matter of the Will of | In the Probate Court of

Rees Williams, Deceased | Delaware County, Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Rees Williams, late

of Radnor Township, in this County, deceased, was

produced in open Court for Probate; On considera=

=tion whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the ap=

=plication to admit the same to probate and record, be

given to Daniel Williams, heir and next of kin of the

Testator (Thomas Williams - Mary A. Davis and Eliz=

=abeth J. Powell, the other heirs of said Testator hav:

ing waived notice and consented to the probate of said

Will) resident of the State of Ohio, that said appli

cation will be for hearing before this Court on the

1st day of September. A.D. 1887 at 10 o'clock. A.M.,

Rufus Carpenter

Probate Judge


Waiver

We, the undersigned heirs of the within named dec-

-edent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 23d day of August. A.D. 1887.

Thomas Williams

Mary A. Davis

Elizabeth J. Powell.


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and

Testament of Rees Williams, deceased.

To Daniel Williams:

You are hereby notified that on the 23rd day of August.

A.D. 1887. an instrument of writing, purporting to be

the last Will and Testament of Rees Williams late

of Radnor Township, in said County, deceased, was

produced in open Court, and an application to admit the

same to probate was on the same day made in said

Court. Said application will be for hearing before

this Court on the 1st day of September. A.D. 1887. at

10 o'clock. A.M.,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 140)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 140)

Description

[page 140]

[corresponds to page 74 of Delaware County Will Records Vol. 8 1887-1890]


74

Rees Williams' Will.

Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 23d day of August.

A.D. 1887.

Return.

The State of Ohio } ss

Delaware County } David S. Davis being duly sworn,

says that on the 31" day of August

A.D. 1887. he served the within notice by delivering

a true copy thereof to the within named Daniel Wil=

=liams.

David S. Davis.

Subscribed in my presence and sworn to before me this

1st day of Sept. 1887.

Rufus Carpenter

{Seal} Probate Judge


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

John L. Thurston and Henry J. Eaton the subscrib-

=ing witnesses to the last Will and Testament of Rees

Williams, late of Radnor Township in said Del=

aware County, deceased; who being duly sworn accord=

=ing to law, to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution

of said Will, depose and say: That the paper before

them bearing date the 21st day of June. A.D. 1887.

purporting to be the last Will and Testament of Rees

Williams now deceased, is the Will of said deceased

Rees Williams, that they were present at the execu=

=tion of said Will, and at the request of the Testator,

respectively subscribed their names to the same as

witnesses, in his presence; that they saw the said

Rees Williams, deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will

and Testament, and that the said Rees Williams at

the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under

any restraint .

John L. Thurston

Henry J Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 141)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 141)

Description

[page 141]

[corresponds to page 75 of Delaware County Will Records Vol. 8 1887-1890]


75

Rees Williams' Will.

Sworn to and subscribed by said witnesses, in open court

this 1st day of September. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Journal Entry.

Sept. 1st 1887.


In the Matter of the Will of |

Rees Wiliams, Deceased |

Be it remembered, that

heretofore, to-wit: on the 23d

day of August. A.D. 1887. an instrument of writing,

purporting to be the last Will and Testament of Rees

Williams, late of Radnor Township, in this County

deceased, was produced in open Court for probate, and

was then filed. And, it now being shown to the sat=

=isfaction of the Court, has been given to

Daniel Williams one of the heirs and next of kin of

the Testator, (the other heirs having waived notice)

resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came John

L. Thurston and Henry J. Eaton the subscribing wit=

=nesses to said Will, who being duly sworn, testi=

=fied to the due execution and attestation of said Will

Which testimony was reduced to writing, by them re:

=spectively subscribed and filed with said Will, whereup:

=on the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Rees

Williams, deceased. That the same was duly executed

and attested; and that the said Testator, at the time of

making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any

restraint. It is, therefore, by the Court, ordered,

that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon,

he entered of record in this Court.

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 142)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 142)

Description

[page 142]

[corresponds to page 76 of Delaware County Will Records Vol. 8 1887-1890]


76

Rees William's Estate.

Copy of Will.


The Last Will and Testament.

of

- Rees Williams - (Widower)

Of Radnor Township - Delaware County, Ohio.


In the Name of the Benevolent Father of All: -

I, the said Rees Williams, being of sound and dis=

=posing mind and memory, considering the uncertainty

of continuance in life, and desiring to make such dispo-

=sition of my worldly estate as I deem best, do make,

publish and declare, this to be my last will and testa-

=ment; hereby revoking and annulling any and all former

will or wills whatsoever by me made.


Item First: I desire all my just debts and funeral expenses to be

paid, as soon as possible after my decease, & that my

executor cause to be erected between the grave of my

departed wife & my own grave on my lot in the ceme=

=tery at the Welsh Congregational Church near my

present residence such suitable monument as he may think

best.

Item Second: I give and bequeath to my beloved Daughters, Mary A.

wife of David S. Davis, & Elizabeth wife of Morris

Powell, all residents of Radnor township Delaware

County, Ohio all my household furniture, beds, bedding

books, pictures wearing apparel, & all articles of person=

=al property of every kind whatsoever, that may be in &

belonging & to my dwelling house at my decease.


Item Third: My son Daniel Williams, now residing in the City

of Columbus Ohio, having already, in the money at sev=

eral times by me advanced to him out of my estate, &

money at different times by me paid for him as his surety

received his full equal share of my estate, & being myself

still liable as his surety on his note to David Bevan

amounting to about $600. in justice to my other children

I make no bequest to him out of my estate remaining at

my decease. And having already at various times & in

considerable sums made advancements out of my estate to

my son Cyrus Williams now in the State of Colorado,

to equalize matters & in justice to my other children, I

do give & bequeath to him the said Cyrus, the sum of

Three Hundred Dollars ($300) only, & which is to

be paid to him by my Executor out of the proceeds of my

estate when sold as herein after directed.

Item Fourth: To my beloved son Thomas Williams of Ashley Delaware

County Ohio, & my two Daughters, above named, I do give ~
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 143)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 143)

Description

[page 143]

[corresponds to page 77 of Delaware County Will Records Vol. 8 1887-1890]


77

Rees Williams' Will


bequeath the proceeds of all the rest of my estate, remaining

& left after paying said legacy of $300. to Cyrus, & taking out

the property given to my Daughters in "Item 2" & paying for

monument, debts & expenses as provided in "Item First," -

to be equally divided among the three by my Executor after

he shall have turned the same into money as herein after

directed.

Item Fifth: I do hereby authorize empower & direct my Executor, hereinaf=

=ter named to proceed with diligence, to take the money, that

may be on hand at my decease, & to collect all debts that

may be owing to me, & to sell at public or private sale &

upon such terms as he may think best all property, (not

above in "Item Second" given to my two daughters) which

may belong to me at my decease of every kind, nature, & de=

=scription whatsoever, whether real, personal or mixed, & in=

=cluding the farm of 100 acres on which I now reside, sit=

=uated in the south east corner of Radnor Township, Dela=

=ware County Ohio, Range 20.- Township five. Section four,

United States Military Survey, being the same, a part of

which was deeded to me by James Davis & wife April 20-

A.D. 1847. by deed recorded in the record of deeds for said

County, Vol. 27, pages 465 & the residue of which was

deeded to me by Jacob Dorward & wife Mch 31st. A.D. 1855.

by deed recorded in Vol. 38 - pages 280 & if I continue to

own said farm at my decease, & including also any other

real estate of which I may be the owner or have any interest

in at my decease, & deeds to purchasers of the real estate to

execute, acknowledge & deliver in fee-simple; & that my

said Executor do then apply, pay out, & distribute the pro-

ceeds of my said estate as hereinbefore in this will bequeath-

=ed & directed.

Item Sixth. If any legatee of this will file any petition in court, or com:

=mence any proceedings whatsoever to contest the validity of

this will, such legatee shall thereby be forever prohibited from

taking anything by this will & that portion given to such

legatee, shall then be equally divided among the other legatees

not contesting the validity of this will.

I nominate and appoint my worthy, competent & experienced

son in law David S. Davis to be the executor of this Will.

In witness whereof, I have hereunto set my hand and seal

this twenty first day of June, in the year eighteen hundred

and eighty seven.

Rees Williams {Seal}

Signed, sealed and acknowledged, by said Rees Williams

as and for his last will and testament, in our presence, and sub-

=scribed and attested by us, as witnesses, in his presence, and at

his request, & in the presence of each other.

John S. Thurston

Henry J. Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 144)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 144)

Description

[page 144]

[corresponds to page 78 of Delaware County Will Records Vol. 8 1887-1890]


78

James Stern's Will

Application for Probate:

The State of Ohio } ss In Probate Court.

Delaware County }


In the Matter of the Last }

Will and Testament of James } Application to Admit to Probate.

Stern, Deceased.

To the Hon. Rufus Carpen:

ter, Judge of the Probate Court in and for said Coun:

ty:

Your petitioner respectfully represent that James

Stern, late a resident of the Township of Trenton in

said County, died on or about the 2" day of Octo:

=ber. A.D. 1887, leaving an instrument in writing, here:

=to attached, purporting to be his last Will and

Testament. That the said James Stern died

leaving the following named person his only next

of kin resident of the State of Ohio:

Sarah L. Leak - Daughter - Vans Valley. O.

Your petitioner prays that a time may be fixed

for the proving of said Will.

Sarah S. Leak

The foregoing application was signed in my pres:

=ence, and sworn to before me this 13" day of Octo:

ber A.D. 1887.

Rufus Carpenter

Probate Judge.


Waiver.

I, the undersigned heir of the within named decedent,

hereby waive further notice, and consent to the probate

of said Will.

Dated this 13" day of October. A.D. 1887.

Sarah L. Leak.


Probate of Will

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court,

John Armstrong and Caroline Armstrong the subscrib:

=ing witnesses to the last Will and Testament of

James Stern late of Trenton Township in said

Delaware County, deceased, who being duly sworn

according to law to speak the truth, the whole

truth, and nothing but the truth, in relation to the

execution of said Will, depose and say: That the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 145)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 145)

Description

[page 145]

[corresponds to page 79 of Delaware County Will Records Vol. 8 1887-1890]


79

James Stern's Will

paper before them bearing date the 2d day of

August. A.D. 1887. purporting to be the last Will

and Testament of James Stern, now deceased, is the

Will of said deceased James Stern, that they

were present at the execution of said Will, and

at the request of the Testator, respectively sub=

=scribed their names to the same as witnesses, in

his presence; that they saw the said James Stern

deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and

Testament, and that the said James Stern at the

time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under

any restraint.

John Armstrong.

Caroline Armstrong.

Sworn to and subscribed by said witnesses, in open

Court, this 13" day of October. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Journal Entry.

Oct. 13" 1887.

In the Matter of the Will of } In Probate Court of

James Stern. Deceased. } Delaware County. Ohio


This day, an instrument of writing, purporting to be the

last Will and Testament of James Stern, late of Tren=

=ton Township, deceased, was produced in open Court

for Probate; On consideration whereof, it is ordered that

the said Will be filed in this Court. And thereupon

came Sarah L. Leak the only heir and next of kin of said

Testator, resident of the State of Ohio, and waived further

notice and consented to the probate of said Will. Therefore,

on this day came John Armstrong and Caroline Armstrong

the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said Will

whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said James

Stern, deceased. That the same was duly executed and at:

tested, and that the said Testator, at the time of making

signing and sealing said Will, was of full age, of sound

mind and memory and not under any restraint. It is

therefore, by the Court ordered, that the said Will be

admitted to probate, and that the same together with the tes-

timony of the witnesses above named, as well as the proceed-

ings had thereon, be entered of record in this Court.

Rufus Carpenter. Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 146)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 146)

Description

[page 146]

[corresponds to page 80 of Delaware County Will Records Vol. 8 1887-1890]


80

James Stern's Will.

Copy of Will.


In the Name of my Heavenly Father who has

thus far sustained me through the trials of life even

down to old age. I, James Stern of the Township of

Trenton, Delaware County and State of Ohio, Do make

publish & declare this my last Will & Testament

revoking all other Wills that I have made at

any former time. I being of sound mind & memory

Item 1 It is my will and I direct that my funeral ex-

penses and all my just debts be fully paid. by my

Executor.

2" I give and bequeath to my Daughter Sarah L. Leak,

all my property both personal & real which consists

in my farm of 100 acres of land & personal property

amounting to about Seven Hundred Dollars. her

natural life then to go to her children. entirely up:

=on the following conditions. That she Sarah L.

Leak shall pay or cause to be paid to my deceased

daughters children living now in the State of Iowa

namely James W. Grandle-Charles Grandle &

Frank Grandle Seven Hundred, to each one as they

become of age to be without interest. one of the heirs of

my Daughter Mary E. Roberts I have already paid

which is the reason I do not give her any thing at this

time.

Item My desire is under existing circumstances that my

Executor rent the farm and the proceeds be kept entire:

=ly for the payment of the aforesaid bequests

4" If in case the proceeds of the farm should fail to

pay the heirs as they become due then I direct my Ex-

ecutor to sell a small portion of the land to satisfy the

claims. But my wish is to keep all the land if pos=

=sible for the children.

5 It is my Will that in case of any trouble or diffi=

culty in settling up my Estate I give power to my

Executor to select two men of her choice to settle the

difficulty and their decision will be final in the matter

& binding & conclusive to all concerned.

6 I do hereby appoint & nominate my Daughter Sarah

L. Leak as my Executrix of this my last Will to act as.

such without bail or appraisement or sale.

In witness whereof I have this day hereunto set my

hand & seal this Twenty Second day of August. 1887,

in the year of our Lord on thousand Eight Hundred &

Eighty Seven

James Stern {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 147)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 147)

Description

[page 147]

[corresponds to page 81 of Delaware County Will Records Vol. 8 1887-1890]


81

Martha E. Chamber's Will.

The above instrument was signed and acknowledged by

said James Stern as his last Will & Testament in

our presence and signed by us in his presence.

as attesting witnesses.

John Armstrong } Van Valley Ohio

Caroline Armstrong } Delaware Co.


Martha E. Chamber's Will.

Journal Entry.

Oct. 12" 1887.

In the Matter of the Will } In the Probate Court of

of Martha E. Chambers. Decd } Delaware County.


This day, an instrument of writing, purporting to be the

last Will and Testament of Martha E. Chambers, late

of Delaware Township, in this County, deceased, was

produced in open Court for Probate; On Consid=

eration Whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof,

and of the application to admit the same to probate

and record, be given to Mary A. Crawford and Reuben

Chambers next of kin, and Lucy Whyte, Roena Whyte

and Rachel Merchant legatees of the Testatrix, resident

of the State of Ohio, that said application will be

for hearing before this Court on the 19" day of October.

A.D. 1887. at 10 o'clock A.M.,

Rufus Carpenter

Probate Judge.


Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County.ss }

In the matter of the last Will and

Testament of Martha E. Chambers, deceased.

To Mary A. Craw=

ford. Reuben Chambers, Lucy Whyte Roena Whyte

and Rachel Merchant.

You are hereby notified that on the

12" day of October. A.D. 1887. an instrument of writing,

purporting to be the last Will and Testament of Martha

E. Chambers, late of Delaware Township, in said

County, deceased, was produced in open Court, and an

application to admit the same to probate was on the

same day made in said Court. Said application will be

for hearing before this Court on the 19" day of October

A.D.1887. at 10 o'clock A.M.,




Rufus Carpenter

Probate Judge.



Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County.ss }

In the matter of the last Will and

Testament of Martha E. Chambers, deceased.

To Mary A. Craw:

ford - Reuben Chambers, Lucy Whyte - Roena Whyte

and Rachel Merchant.

You are hereby notified that on the

12" day of October. A.D. 1887. an instrument of writing,

purporting to be the last Will and Testament of Martha

E. Chambers, late of Delaware Township, in said

County, deceased, was produced in open Court, and an

application to admit the same to probate was on the

same day made in said Court. Said application will

be for hearing before this Court on the 19" day of

October. A.D. 1887. at 10 o'clock A.M.,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 148)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 148)

Description

[page 148]

[corresponds to page 82 of Delaware County Will Records Vol. 8 1887-1890]


82

Martha E. Chamber's Will

Rufus Carpenter

Probate Judge.

Dated at Delaware Ohio, this 12d day of October

A.D.1887.

{Seal}

Return

The State of Ohio } ss

Delaware County } Thomas Whyte, being duly sworn,

says that on the 12d day October,

A.D.1887, he served the within notice by delivering a

true copy thereof to the within named Roena Whyte an

infant, and also delivering a true copy thereof to Lucy Whyte

mother of said Roena Whyte, Mary A. Crawford, Reuben

Chambers, Lucy Whyte and Rachel Merchant.

Thos. A. Whyte.

Subscribed in my presence and sworn to before me this 19"

day of Oct. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Benjamin McPherson and Henry G. Sheldon. the subscrib=

=ing witnesses to the last Will and Testament of Martha

E. Chambers, late of Delaware Township in said Del=

=aware County, deceased; who being duly sworn accord=

=ing to law, to speak the truth, the whole truth, and noth=

=ing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bear=

=ing date the 28" day of July. A.D. 1887. purporting to be

the last Will and Testament of Martha E. Chambers,

now deceased, is the Will of said deceased Martha E.

Chambers, that they were present at the execution of

said Will, and at the request of the Testatrix, respective

by subscribed their names to the same as witnesses,

in her presence; that they saw the said Martha E.

Chambers deceased sign and seal said Will and

heard her acknowledge the same to be her last Will

and Testament, and that the said Martha E. Chambers,

at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not un=

der any restraint.

Benjamin McPherson.

Henry G. Sheldon.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 149)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 149)

Description

[page 149]

[corresponds to page 83 of Delaware County Will Records Vol. 8 1887-1890]


83

Martha E. Chamber's Will.


Sworn to and subscribed by said witnesses in open

Court, this 19" day of October A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

Oct. 19" 1887.

In the Matter of the Will }
}
of Martha E. Chambers. Decd }

Be it remembered, that here:

=tofore, to-wit; on the 12th day of October. A.D. 1887. an

instrument of writing, purporting to be the last Will

and Testament of Martha E. Chambers, late of Delaware

Township, in this County, deceased, was produced in

open Court for probate, and was then filed. And it

now being shown to the satisfaction of the Court,

that due notice of the filing of said Will, and of the

application to admit the same to probate and record in

this Court, has been given to Mary A. Crawford

and Reuben Chamber next of kin, and Lucy Whyte

Roena Whyte and Rachel Merchant, legatees of the

Testatrix, resident of the State of Ohio, pursuant to

a former order of this Court; therefore, on this day

came Benjamin McPherson and Henry G. Sheldon,

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last Will

and Testament of said Martha E. Chambers, deceased.

That the same was duly executed and attested; and that

the said Testatrix, at the time of making, signing

and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. It is,

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well

as the proceedings had thereon, be entered of record

in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 150)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 150)

Description

[page 150]

[corresponds to page 84 of Delaware County Will Records Vol. 8 1887-1890]


84

Martha E. Chamber's Estate.

Copy of Will.


In the Name of the Benevolent Father of All:

I Martha Ellen Chambers, of sound mind and mem-

ory do make and publish this my last Will and Tes-

=tament:

First. I give and bequeath to my sister Mary Ann Craw=

=ford, all my clothing and wearing apparel.


Second. I give and bequeath to Mrs. Lucy White wife of Al=

=phonso Whyte. all my beds and bedding - including

all except one pair pillows and one quilt and one

comfort which I give and bequeath to Roena White

daughter of said Alphonso and Lucy White.

I request that the lot which I now own in the city

of Delaware be sold and the proceeds thereof I hereby

give and bequeath to my said sister Mary Ann Craw=

ford.

I hereby appoint Alphonsus Whyte, Executor of

this my last Will and Testament, and request him to take

charge of my burial, and if any money be left of

which is now on hand, I give the same to said Alphon-

=so White.

I give one calico dress to Rachel Merchant.

her

Martha X Ellen Chambers.

mark


Signed by said Martha Ellen Chambers by mark

in our presence and signed by us in her presence, and at

her request this 28" day of July. 1887.


Benjamin McPherson

Henry G. Sheldon.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 151)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 151)

Description

[page 151]

[corresponds to page 85 of Delaware County Will Records Vol. 8 1887-1890]


85

Henry Boyd's Will.

Journal Entry.

Oct. 25" 1887.

In the Matter of the Will } In the Probate Court of

of Henry Boyd. Deceased. } Delaware County, Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Henry Boyd, late of

Trenton Township, in this County, deceased, was pro=

=duced in open Court for Probate; on consideration

whereof, it is ordered that the said Will be filed in

this Court, and that due notice thereof, and of the ap=

=plication to admit the same to probate and record be

given to Julia A. Boyd, his widow, and George Boyd.

John Boyd- Harvey Boyd - Jasper Boyd -Alsina

Andrews- Eliza Perfect . Sarah Boyd - James

Clark and George W. Boyd, legatees and next of kin

of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on

the 1st day of November. A.D. 1887. at 1 o'clock P.M.,

Rufus Carpenter

Probate Judge

Waiver.

We, the undersigned legatees & heirs of the within named

decedent, hereby waive further notice, and consent to the pro-

=bate of said Will.

Dated this 25d day of October. A.D. 1887.

Clement L. Boyd

Bishop Boyd.

Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County. }

In the matter of the last Will and

Testament Henry Boyd, deceased.

To Julia A. Boyd, George Boyd.

John Boyd. Harvey Boyd. Jasper Boyd. Alsina Andrews,

Eliza Perfect Sarah Boyd - James Clark & George W.

Boyd ~ . You are hereby notified that on the 25"

day of October A.D. 1887. an instrument of writing, purport-

=ing to be the last Will and Testament of Henry Boyd

late of Trenton Township, in said County, deceased. was

produced in open Court, and an application to admit the

same to probate was on the same day made in said

Court. Said application will be for hearing before this

Court on the 1" day of November. A.D. 1887. at 1 o'clock P.M.,

Rufus Carpenter

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 152)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 152)

Description

[page 152]

[corresponds to page 86 of Delaware County Will Records Vol. 8 1887-1890]


86

Henry Boyd's Will.

Dated at Delaware Ohio, this 25" day of October,

A.D. 1887.


Return.


The State of Ohio. } ss

Delaware County, }

Clement L. Boyd, being the duly sworn,

says that on the 26" day of October, A.D. 1887 he serv-

-ed the written notice by delivering a true copy thereof

to the within named George Boyd, John Boyd, Har=

vey Boyd. Sina Andrews - Eliza Perfect . Sarah Boyd

Jasper Boyd. George W. Boyd - James Clark &

Julia A. Boyd

Clement L. Boyd.

Subscribed in my presence and sworn to before me

this 1st day of Nov. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Probate of Will.

The State of Ohio} ss In Probate Court.

Delaware County }

Personally appeared in open court

E.H. Dent and F.P. Dent, the subscribing witnesses to

the last Will and Testament of Henry Boyd late of

Trenton Township in said Delaware County, deceased,

who being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth, in

relation to the execution of said Will, depose and say:

That the paper before them bearing date the 21st day

of September. A.D. 1887. purporting to be the last

Will and Testament of Henry Boyd now deceased, is the

Will of said deceased Henry Boyd, that they were

present at the execution of said Will, and at the request

of the Testator, respectively subscribed their names to the

same as witnesses, in his presence; that they saw the

said Henry Boyd deceased, sign and seal said Will

and heard him acknowledge the same to be his last Will

and Testament, and that the said Henry Boyd at the

time of making, signing and sealing said Will, was of

full age, of sound mind and memory, and not under any

restraint. And being further examined by counsel

testified as follows:

E. H. Dent

F. P. Dent.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 153)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 153)

Description

[page 153]

[corresponds to page 87 of Delaware County Will Records Vol. 8 1887-1890]


87

Henry Boyd's Will.


Sworn to and subscribed by said witnesses, in open

Court, this 1st day of November. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


E.H. Dent being further examined, testified as

follows:


Ques. In whose hand writing is the Will?

Ans: In my hand writing.

Ques. When and where did the Testator first speak to you

in reference to his Will?

Ans. On the 21st day of September, the day the will was

written.

Ques: What time in the day?


Ans: I think that it was before dinner: He took dinner

at my house and the Will was signed after dinner.


Ques: Who kept the Will from that time until after

Mr Boyd's death?

Ans: I did.

Ques: Did any of his friends or relatives know of its ex=

istance during his life time?


Ans: Not that I know of.

Ques. Was any one else present when the provisions of the

Will were talked over between you and Mr Boyd?


Ans: I think that my son Frank was there a part of the

time, don't think any one else.


Ques. What did he say if anything about his approaching

marriage, and what did you say to him in your opinion

would be the effect of a Will made before his mar=

=riage?

Ans: He said nothing to me about his intended marriage

and I said nothing to him as I knew nothing about

it.

Ques. How soon after the making of the Will was he in

fact married to the lady who is now his widow?


Ans: A short time: I don't know how many days.


Ques. Was it not just one week?
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 154)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 154)

Description

[page 154]

[corresponds to page 88 of Delaware County Will Records Vol. 8 1887-1890]


88

Henry Boyd's Will.

Ans: I don't know. I have heard that, that was the time.

Ques: Had you understood from any source for the Will, that he was

about to marry that lady, his present widow?

Ans I had not.

Ques: Were you very much surprised when you heard of his

marriage a week after making the Will?

Ans: No sir I was not surprised at it.

Ques: Why were you not surprised if you had never heard of

his intended marriage?

Ans: The reason that I was not surprised was, that I was

acquainted with both the parties and thought it an

advantageous marriage to both the parties.


Ques: Did you ever talk with Mr. Boyd about the Will after his marriage?

Ans: No sir.


Ques: Did Mr Boyd any other business with you than the

writing of the Will on the occasion of his visit?


Ans: He made no other business known:

Ques: Did Mr Boyd die leaving a widow, and is that widow

still alive?

Ans: He did, and she is still alive and is here in Court:


Ques: Please state whether it is not a fact, that Mr. Boyd

died without issue?

Ans: I think that is the fact;

Ques: State whether at his death he was possessed of both

personal and real estate?


Ans: Yes sir.


E H Dent


Sworn to and subscribed by E. H. Dent in open Court

this 1st day of November A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 155)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 155)

Description

[page 155]

[corresponds to page 89 of Delaware County Will Records Vol. 8 1887-1890]


89

Henry Boyd's Estate.

Journal Entry.

Nov. 1st 1887.


In the Matter of the Will }

of Henry Boyd, Deceased. }

Be it remembered, that here=

=tofore, to-wit: on the 25" day of October. A.D. 1887. an

instrument of writing, purporting to be the last Will

and Testament of Henry Boyd, late of Trenton

Township, in this County, deceased, was produced

in open Court for probate, and was then filed. And,

it now being shown to the satisfaction of the Court

that due notice of the filing of said Will, and of the

application to admit the same to probate and record

in this Court, has been given to Julia A. Boyd

his widow, George Boyd, John Boyd. Harvey Boyd

Jasper Boyd - Alsina Andrews - Eliza Perfect -

Sarah Boyd - James Clark and George W. Boyd.,

legatees and next of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court;

therefore, on this day came E.H. Dent and F.P. Dent,

the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writ=

=ing, by them respectively subscribed, and filed with

said Will, whereupon the Court finds, that the

aforesaid instrument of writing is the last Will and

Testament of said Henry Boyd, deceased. That the

same was duly executed and attested; and that the

said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testi=

=mony of the witnesses above named, as well as the pro-

ceedings had thereon, be entered of record in this Court.


Rufus Carpenter

Probate Judge.


Copy of Will.


In the name of our Heavenly Father I Henry Boyd

In view of the uncertainty of life and the certainty of

Death do make and publish this my last Will and

Testament.


1st I give and devise unto my two nephews Clement L
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 156)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 156)

Description

[page 156]

[corresponds to page 90 of Delaware County Will Records Vol. 8 1887-1890]


90

Henry Boyd's Will.

Boyd and George W Boyd all the real estate and person+

=al property of which I may be possessed at my decease

on the condition following.

To-witt: That they first pay all

my just debts and funeral expences and erect a good and sub=

=stantial iron fence around my Lot in the Trenton H

Cemetery, and pay my Brothers, George, John, Bishop

Harvey and Jasper each One Hundred Dollars,

and to my Sisters Mary A Sherman, Lucy Lewis,

Alsina Andrews, Eliza Perfect and Sarah Boyd each

One Hundred Dollars and to my Brother-in-law~

James Clark One Hundred Dollars.


Item 2nd I direct that my Executor or Executors pay Mary A.

Sherman and Lucy Lewis their One Hundred Dollars

each within one year after my decease, and that they

pay my Brother John and Jasper their Hundred Dol:

=lars each within two years and Brothers George &

Harvey their Hundred Dollars each within three

years, and my sisters Alsina & Eliza their Hundred

Dollars each within four years, and my Brother Bish=

=op and Sister Sarah and James Clark within five

years.

Item 3d I hereby nominate and appoint my Nephews Clement

L. Boyd and George W. Boyd Executors of this my last

Will and Testament.


Item 4th I direct that if from death disability or other cause

the said Executors named fail to serve that my Broth=

=er Bishop Boyd be appointed in their place and I

ask that the Court issue Letter of Executorship and

that there be no Bond, Bail appraisement or sale

required of any of them.

In testimony whereof I hereunto set

my hand and seal this 21st day of September. A.D. 1885.

Witness

E.H. Dent. Henry Boyd {Seal}

F.P. Dent

We, E.H. Dent and Frank P. Dent here:

by certify that Henry Boyd signed the above as his

last Will and Testament in our presence and that we

signed the same at his request in his presence as

witnesses to the same the day and year above mentioned.


E.H. Dent

F.P. Dent
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 157)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 157)

Description

[page 157]

[corresponds to page 91 of Delaware County Will Records Vol. 8 1887-1890]


91

John McCammon's Estate.

Journal Entry.

Sept. 15" 1887.

In the Matter of the Will of } In the Probate Court of

John McCammon, Deceased . } Delaware County . Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of John McCam-

mon, late of Kingston Township, in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the

said Will be filed in this Court, and that due

and of the application to admit the same to probate and record

notice thereof, be given to Jane McCammon his widow

and Jemma Blaney Reuben P. McCammon - John C. Blaney=

Fanny Rogers - Henry C. Blaney - and Reuben McCam:

=mon Blaney heirs and next of kin of the Testator,

resident of the State of Ohio that said application

will be for hearing before this Court on the 26" day of

September. A.D. 1887. at 10 o'clock A.M.,

Rufus Carpenter

Probate Judge.


Notice to Heirs.


The State of Ohio} ss In Probate Court.

Delaware County }

In the Matter of the last Will

and Testament of John McCammon, deceased.

To Jane McCammon-

Reuben P. McCammon. John C. Blaney. Fanny

Rogers Henry C. Blaney . Reuben McCammon

Blaney

You are hereby notified that on the 15th day of

September. A.D. 1887. an instrument of writing, purport-

-ing to be the last Will and Testament of John Mc -

Cammon, late of Kingston Township, in said County .

deceased, was produced in open Court, and an application

to admit the same to probate was on the same day

made in said Court. Said application will be for

hearing before this Court on the 26th day of September

A.D. 1887. at 10 o'clock AM.

Rufus Carpenter

Probate Judge.

Dated at Delaware Ohio, this 15" day of September.

A.D. 1887

Waiver.

{Seal} I, the undersigned heir of the within named

decedent, hereby waive further notice, and consent

to the probate of said Will.

Dated this 15" day of September A.D.1887. R.P. McCammon.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 158)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 158)

Description

[page 158]

[corresponds to page 92 of Delaware County Will Records Vol. 8 1887-1890]

92

John McCammon's Will

Return.


The State of Ohio} ss.

Delaware County. } R.P. McCammon being duly

sworn, says that on the 16" & 17"

days of September. A.D.1887. he served the within notice

by delivering a true copy thereof to the within named.


R.P. McCammon.

Subscribed in my presence and sworn to before me,

this 26" day of Sept. 1887.

Rufus Carpenter

{Seal} Probate Judge.



Journal Entry.

Sept. 26" 1887.

In the Matter of the Will }

of John McCamon. Decd } Be it remembered, that here-

tofore, to-wit: on the 15" day

of September. A.D. 1887. an instrument of writing pur=

=porting to be the last Will and Testament of John Mc-

Cammon, late of Kingston Township in this County,

deceased, was produced in open Court for probate, and

was then filed. And, it now being shown to the satisfac=

=tion of the Court, that due notice of the filing of said

Will, and of the application to admit the same to probate

and record in this Court, has been given to Jane McCam=

=mon- his widow, Jemima J. Blaney - Reuben P.

McCammon - John C. Blaney - Fanny Rogers-

Henry C. Blaney Reuben McCammon Blaney -

heirs and next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court;

therefore, on this day came Henry Clark, one of the

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will Which testimony was reduced to writing,

by him subscribed, and filed with said Will.

A. Wheeler, the other subscribing witness to said

Will, being unable to attend said hearing this

cause is continued until the 7" day of November. A.D.

1887.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 159)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 159)

Description

[page 159]

[corresponds to page 93 of Delaware County Will Records Vol. 8 1887-1890]

93

John McCammon's Will

Probate of Will.


In Probate Court } In the Matter of proving

Delaware County, Ohio. } the last Will and Testament.

of John McCammon, Deceased.

The State of Ohio } ss.

Delaware County } Henry Clark, being duly sworn

and examined as a witness in the

above entitled matter, says; I was present at the exe=

=cution of the instrument now shown to me, bearing

date the 14th day of June. A.D. 1887. and offered for

probate as the last Will and Testament of John Mc-

Cammon, late of Kingston Township, in said County,

of Delaware, deceased, and saw the said John Mc-

Cammon, now deceased, sign and seal said instrument,

and heard him acknowledge the same to be his last

Will and Testament; and I, thereupon, at his request,

and in his presence, subscribed my name to the same

as a witness. The said decedent, at the time of mak=

=ing, signing and sealing said instrument, was of full

age, of sound mind and memory, and not under any re=

=straint.

Henry Clark.

Sworn to and subscribed by said witness in open Court

this 26th day of September. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


The State of Ohio } ss

Delaware County } A. Wheeler, being duly sworn and ex=

=amined as a witness in the above

entitled matter, says; I was present at the execution of

the instrument now shown to me, bearing date the 14"

day of June. A.D. 1887. and offered for probate as the last

Will and Testament of John McCammon, late of

Kingston Township, in said County of Delaware, de=

ceased, and saw the said John McCammon, now de=

ceased, sign and seal said instrument, and heard him

acknowledge the same to be his last Will and Testa=

=ment, and I, thereupon, at his request, and in his presence,

subscribed my name to the same as a witness. The said

decedent, at the time of making, signing and sealing said

instrument, was of full age, of sound mind and memory,

and not under any restraint.

A. Wheeler.

Sworn to and subscribed by said witness in open Court,

this 7" day of November. A.D 1887.

Rufus Carpenter

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 160)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 160)

Description

[page 160]

[corresponds to page 94 of Delaware County Will Records Vol. 8 1887-1890]


94

John McCammon's Will.

Journal Entry.

Nov. 7" 1887.


In the Matter of the Will }

of John McCammon, Decd }

This day came A Wheeler,

the other subscribing witness to said Will of John

McCammon, deceased, in open Court and was duly

sworn and examined according to law, and his testimony

therein was reduced to writing and filed. ~~~~~~~

Whereupon the court finds that the aforesaid instr-

=ment of writing is the last Will and Testament

of said John McCammon, deceased. That the same

was duly executed and attested; and that the said Tes=

tator, at the time of making signing and sealing said

Will, was of full age, of sound mind and memory, and

not under any restraint. It is therefore, by the court

ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge


Copy of Will.

In the name of the great benevolent Father of all

I John McCammon of Kingston Township, Dela=

ware County. State of Ohio, being of sound mind and

memory do make this my last Will and Testament

in manner and form as follow. to-wit:


Item 1st I do give and bequeath to my faithful and beloved

wife Jane McCammon all my real estate and per-

=sonal property in Kingston Township of every descrip=

=tion to have and to hold during her natural life.


Item 2nd After the death of my wife I give and bequeath to

my Grandson John C. Blaney Fifty one acres of

land in Kingston Township, being west half of lot

No 8 who is charged with the payment of the follow=

=ing legaces to-wit: One hundred Dollars to his

mother Jemima J. Blaney one year after the death

of my wife (without interest) Also One Hundred Dol=

lars to Mrs. Fanny Rogers two years after the death

of my wife (without interest) Also Twenty five Dol.

lars to my son Reuben Potter McCammon to be

paid three years after the death of my wife. without
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 161)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 161)

Description

[page 161]

[corresponds to page 95 of Delaware County Will Records Vol. 8 1887-1890]


95

John McCammon's Will.

interest.

Item 3d I do give and bequeath after the death of my wife to

my grandsons Henry C. Blaney and Reuben McCam=

=mon Blaney fifty acres of land being the east

half of lot No. 7 in Kingston Township to be equaly

divided between them. Also 4 acres off from east

of lot No 8 in Kingston township to be equally di=

vided between them (intended for an outlet)


Item 4th I do give and bequeath to my wife my House and lot

in Eden authorizing her to sell or dispose of it in

any manner she choses and she is hereby charged with

the payment of all lawful claims.


Item 5th I do give and bequeath to my daughter Jemima J. Bla=

ney (after the death of my wife) ten acres of land

in Kingston Township the same land conveyed to

me by W.B. Blaney and Jemima J. Blaney his wife

by deed of May second eighteen hundred and eighty

five. For a more particular description see records of

Deeds. Volume Eighty five (85) Page 591. Five hundred

and ninety one in Recorders office in Delaware. Ohio.


I hereby nominate and appoint my wife Jane McCammon

(without Bond) executor of this my last Will and

Testament.

In Testimony whereof I have hereunto set my

hand and seal this Fourteenth (14) day of June in

the year of our Lord eighteen hundred and eighty

seven (1887)

John McCammon. {Seal}


Signed and acknowledged by the aforesaid John Mc-

Cammon as his last Will and Testament in our pres=

=ence and by us signed in his presence.

A. Wheeler.

Henry Clark.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 162)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 162)

Description

[page 162]

[corresponds to page 96 of Delaware County Will Records Vol. 8 1887-1890]


96

Nancy Dudgeon Estate.

Journal Entry.

Nov. 10th 1887


In the Matter of the Will } In the Probate Court of

of Nancy Dudgeon. Decd } Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of Nancy Dudgeon, late of

Berkshire Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and record,

be given to Lucy Allen, next of kin of the Testatrix,

resident of the State of Ohio. (Abram Dudgeon, wid=

ower of said Testatrix having entered his appearance

herein and consented to the probate of said Will.)

that said application will be for hearing before this

Court on the 17th" day of November. A.D. 1887. at 1 o'clock

A.M.,


Rufus Carpenter

Probate Judge.


Waiver.


I, the undersigned heir of the within named decedent,

hereby waive further notice, and consent to the probate

of said Will.

Abram Dudgeon.

Dated this 10" day of November. A.D. 1887.


Notice to Heirs.

The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will and Tes=

=tament of Nancy Dudgeon deceased.

To Lucy Allen:

You are hereby notified that on the 10" day of November.

A.D. 1887, an instrument of writing, purporting to be the

last Will and Testament of Nancy Dudgeon, late of

Berkshire, Township, in said County, deceased. was

produced in open Court, and an application to admit

the same to probate was on the same day made in

said Court. Said application will be for hearing be=

fore this Court on the 17" day of November. A.D. 1887.

at 1 o'clock. P M.,

Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 163)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 163)

Description

[page 163]

[corresponds to page 97 of Delaware County Will Records Vol. 8 1887-1890]


97

Nancy Dudgeon's Estate.

Dated at Delaware Ohio, this 10" day of November

A.D. 1887.

{Seal}

Return.

The State of Ohio } ss

Delaware County } Abram Dudgeon, being truly sworn,

says that on the 14" day of Nov.

A.D. 1887. he served the within notice by delivering a

true copy thereof to the within named Lucy Allen.

Abram Dudgeon.

Subscribed in my presence and sworn to before me this

17" day of Nov. 1887.

Rufus Carpenter

{Seal} Probate Judge.

Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Thomas J. Williams and Adele E. Williams, the subscrib=

=ing witnesses to the last Will and Testament of Nancy

Dudgeon, late of Berkshire Township in said Dela=

=ware County, deceased; who being duly sworn accord=

=ing to law, to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution of

said Will, depose and say: That the paper before them

bearing date the 12" day of January. A.D. 1887. purporting

to be the last Will and Testament of Nancy Dud=

=geon, now deceased, is the Will of said deceased, Nancy

Dudgeon, that they were present at the execution of

said Will, and at the request of the Testatrix, respect=

ively subscribed their names to the same as witnesses,

in her presence; that they saw the said Nancy Dud=

=geon, deceased sign and seal said Will, and heard

her acknowledge the same to be her last Will and

Testament, and that the said Nancy Dudgeon at the

time of making, signing and sealing said Will . was

of full age, of sound mind and memory, and not under

any restraint.

Thomas J. Williams

Addie E. Williams


Sworn to and subscribed by said witnesses, in open

Court, this 17" day of Nov. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 164)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 164)

Description

[page 164]

[corresponds to page 98 of Delaware County Will Records Vol. 8 1887-1890]


98

Nancy Dudgeon's Estate.


Journal Entry.

Nov. 17" 1887.


In the Matter of the Will |

of Nancy Dudgeon. Decd |

Be it remembered, that

heretofore, to-wit: on the 10th day November. A.D.

1887. an instrument of writing, purporting to be the

last Will and Testament of Nancy Dudgeon, late

of Berkshire Township, in this County, deceased,

was produced in open Court for probate, and was

then filed. And, it now being shown to the satis=

=faction of the Court, that due notice of the filing

of said Will, and of the application to admit the

same to probate and record in this Court, has been

given to Lucy Allen, next of kin of the Testatrix,

resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came

Thomas J. Williams and Addie E. Williams, the

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation

of said Will. Which testimony was reduced to

writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said Nancy Dudgeon, de=

=ceased. That the same was duly executed and attested

and that the said Testatrix, at the time of making,

signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

It is therefore, by the Court ordered, that the

said Will be admitted to probate, and that the same,

together with the testimony of the witnesses above named,

as well as the proceedings had thereon, be entered of

record in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.


I Nancy Dudgeon of the Village of Sunbury,

Delaware County Ohio do hereby make and publish

this my last Will and Testament.

First:

I give and bequeath to my beloved husband

Abram Dudgeon. my property consisting of One

house and lot Situated in Sunbury - Del - Co-
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 165)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 165)

Description

[page 165]

[corresponds to page 99 of Delaware County Will Records Vol. 8 1887-1890]


99


Nancy Dudgeon's Estate.

Ohio, and valued at One thousand Dollars ($1000.)

He being privellaged to sell or dispose of the same.


Second:

I further will that should my sister Lucy

Allen be living at my husband's death, that he

give to her, One thousand Dollars worth of his

real estate - in Lieu of this my house and lot.


Third:

Should my sister Lucy Allen not be living

at my husbands death, then the One thousand

Dollars worth of his property is requested by me to

be given to Florence J. Henry and her children.


Fourth:

I request that no appraisement be made of

any part of my effects, or estate, and that the probate

Judge, will direct that no appraisement be made, or

sale of the same.


Fifth:

I hereby nominate and appoint my husband Abram

Dudgeon the executor of this my last Will and Tes=

-tament, and request him to see that the provisions of

the same be carried into effect.


Sixth:

I hereby revoke all former will by me made.

Witness my hand this 12" day of January. A.D.

1887.

Nancy Dudgeon.


Signed and acknowledged by said Nancy Dudgeon

as her last Will and Testament, in our presence and

signed by us in her presence and at her request.

Thomas J Williams

Addie E. Williams
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 166)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 166)

Description

[page 166]

[corresponds to page 100 of Delaware County Will Records Vol. 8 1887-1890]


100

Burton Moore's Estate.

Application for Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }


In the Matter of the Last } Application

Will and Testament of Bur: } to

=ton Moore, Deceased. } Admit to Probate.


To the Hon. Rufus Carpenter, Judge of the Probate Court

in and for said County:

Your petitioner respectfully rep=

=resents that Burton Moore, late a resident of the

Township of Berkshire in said County, died on or

about the 26" day of Nov. A.D. 1887. leaving an instru=

=ment in writing, hereto attached, purporting to be his

last Will and Testament. That the said Burton

Moore died leaving the following named persons his

only next of kin resident of this State of Ohio.


Name Degree of Kinship P.O. Addresses.


Abbie A. Kimball. Daughter Sunbury O.

Bertha L. Culver Grand Daughter "

Arthur M. Culver " Son "


Your petitioner prays that a time may be fixed for the

proving of said Will, and that said above named per=

=sons may be notified according to law of the pending

of said proceedings

Otis H. Kimball

The foregoing application was signed in my presence

and sworn to before me this 28" day of Nov. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Waiver.


We the undersigned heirs of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 28" day of Nov. A.D. 1887.

Abbie A. Kimball

Bertha L. Culver

Arthur M. Culver-

by Edward Culver their father
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 167)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 167)

Description

[page 167]

[corresponds to page 101 of Delaware County Will Records Vol. 8 1887-1890]

101

Burton Moore's Will.

Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

T.F. Blakely and R.D. Robinson the subscribing

witnesses to the last Will and Testament of Burton

Moore, late of Berkshire Township, in said Delaware

County, deceased; who being duly sworn according to

law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said

Will, depose and say: That the paper before them

bearing date the 19" day of October. A.D. 1887, pur=

=porting to be the last Will and Testament of Burton

Moore, now deceased, is the Will of said deceased.

Burton Moore. that they were present at the execution

of said Will, and at the request of the Testator re=

=spectively subscribed their names to the same as

witnesses, in his presence; that they saw the said

Burton Moore, deceased sign and seal said Will

and heard him acknowledge the same to be his last

Will and Testament, and that the said Burton Moore

at the time of making, signing and sealing said

Will was of full age of sound mind and memory,

and not under any restraint.

T.F. Blakely

R.D. Robinson

Sworn to and subscribed by said witnesses, in open

Court, this 29" day of Nov. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge.


Journal Entry.

Nov. 29th 1887.

In the Matter of the Will } In the Probate Court of

of Burton Moore. Decd } Delaware County. Ohio


This day, an instrument of writing, purporting to

be the last Will and Testament of Burton Moore, late

of Berkshire Township, in the County, deceased,

was produced in open Court for Probate, On consid-

=eration whereof, it is ordered that the said Will be

filed in this Court. And, it now being shown to

the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit

the same to probate and record in this Court has

been given to Abbie A. Kimball , Bertha L. Culver.

and Arthur M. Culver heirs and next of kin of the

Testator, resident of the State of Ohio, And thereupon
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 168)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 168)

Description

[page 168]

[corresponds to page 102 of Delaware County Will Records Vol. 8 1887-1890]


102

Burton Moore's Estate.

came T.F. Blakely and R.D. Robinson the subscrib=

=ing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing , by

them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instru=

-ment of writing is the last Will and Testament of

said Burton Moore, deceased. That the same was

duly executed and attested; and that the said Testator

at the time of making, signing and sealing, said Will,

was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate.

and that the same, together with the testimony of the

witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.

Copy of Will.


In the Name of The Benevolent Father of All.

I Burton Moore of Sunbury Delaware County

Ohio, being of sound mind and retentive memory do

make and publish this my last Will and Testament.


Item First:~ I give and devise to my granddaughter Bertha

L. Culver, one hundred (100) acres of land off of the

North side of my Home farm of 156 acres, situated

in Berkshire township Delaware County, Ohio,

and being parts of Lots Nos. 3 & 4 in Section one (1)

township 4. and Range 17. during her natural life, and

in the same shall go to her heirs; Said hundred

to be cut off of the North side of my Home Farm

by a line commencing at the public Road on the

East side of my said Home Farm at a point to

be ascertained, so that by running west therefrom to

Prairie Run, thence up Prairie Run to the West

line of said Home Farm will cut off just one

hundred acres, and so that no part of said one hun=

=dred acres hereby devised to Bertha L. Culver

shall lie south or west of Prairie Run.


Item Second:~ I give and devise to my daughter Abbie Kim=

=ball, now the wife of Otis H. Kimball and her

heirs the balance of my said Home Farm and

being about fifty six (56) acres of the South part

of said Home Farm, including the buildings:

I also give and devise to my said daughter,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 169)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 169)

Description

[page 169]

[corresponds to page 103 of Delaware County Will Records Vol. 8 1887-1890]


103

Burton Moore's Will

Abbie Kimball, and her heirs, all that certain

tract of about 97¼ acres of land, be the same more

or less lying West and South of my said "Home

Farm," and situated in the same Township,

County and State, and being East part of Lot No5.

in Section one (1). Township four (4), and Range Seven:

=teen (17).


Item Third:~ I give and devise to my grandson Arthur M.

Culver what is known as my "Carpenter Farm"

situated in Berkshire Township Delaware County

Ohio, and containing one hundred and eight and 3/10

(108 3/10) acres of land, and being part of Lot No. Six

(6) in Section one (1) Township four (4) and Range

Seventeen (17) during his natural life, and then the

same shall go to his heirs.


Item Fourth:~ It is my Will and I do hereby direct, authorize

and empower my Executor hereinafter named, whom

I do hereby also appoint a trustee for that purpose,

at my decease, to take the charge, possession and

control of the lands hereinbefore, by me devised to

my said grand children Bertha L. and Arthur M.

Culver, until such times as they respectively come

of age: And I do hereby further direct and author=

=ize my Executor to rent said lands to the best ad=

=vantage, for cash rent, and not allow any timber to

be sold off of said premises, nor any waste commit-

ted thereon, but to keep said lands in good repairs

and out of the proceeds arising from the rents and

profits of said land, pay the taxes thereon and for

all necessary repairs, and the balance of said rents,

I direct and authorize my Executor to pay to E.T.

Culver for the use benefit and maintenance of my

said grand children Bertha L. and Arthur M. Culver,

provided and so long as said E.T. Culver, suitably

and properly provides for and maintains his said child=

=ren Bertha L. and Arthur M. Culver, without mak=

=ing and other charge or claim on their estate there=

for, than the rents of said lands herein devised

to them after the payment of taxed and repairs

as herein provided ~ as the rents of said lands

should be amply sufficient to suitably provide for

and maintain said children:

It is my will and I hereby direct my Executor

to rent the 100 acres herein devised to Bertha L.

Culver, to my friend Rudolph Shaver whom

I desire to have the care, supervision and manage=

=ment of said 100 acres, until Bertha L. Culver
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 170)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 170)

Description

[page 170]

[corresponds to page 104 of Delaware County Will Records Vol. 8 1887-1890]


104

Burton Moore's Will.

arrives of age. and pay the rent therefor to my Ex=

=ecutor. ~ I make this request because I think

said Shaver would know best how to manage

said 100 acres, and would take good care thereof.


Item Fifth:~ The rest and residue of my real estate, consisting

of about 42 acres of land which I recently purchas=

=ed of B.W. Bell and lying immediately North

of that part of my Carpenter Farm that lies

East of the Public Road. Said 42 acres being

part of Lot No. 6 in Sec. one (1) Tp. 4. and Range

17. And my undivided one seventh interest in West

part of lot No 25 in Village of Sunbury on

which Farmers Bank is situated, And my

undivided one-half interest in about 8 acres of

land in Lot No. 19. in Sec. 4. Tp. 4. and Range

17. and My Bank Stock, I order and direct to

be sold and the proceeds arising from the Sale

thereof, together with the proceeds arising from the

sale of all my personal property of every kind and

description (except certain house hold goods and

furniture in my House on my "Carpenter Farm"

which I have given to my said grand-children )

I give and devise to my daughter Abbie Kimball, and

my said grand children Bertha L. and Arthur M.

Culver in the following proportion, to-wit:

To my said daughter Abbie Kimball the one half

thereof, after the payment of all of my just debts =

And to my said grand children Bertha L. and Arthur

M. Culver, the other half thereof - one fourth to each,

after the payment of my just debts.


Item Sixth:~ It is my will that in case my daughter Abbie

Kimball - shall die intestate, the real and personal

property herein, by me, devised and bequeathed to her,

shall descend to and be inherited by her husband

Otis H. Kimball.


Item Seventh:~ I do hereby nominate and appoint my esteemed friend

and son-in-law Otis H. Kimball, Executor of this

my last Will and Testament, hereby authorizing and

empowering him to compromise adjust, release and

discharge in such manner as he may deem proper

the debts and claims due me: I do also hereby au=

thorize and empower him to sell at private sale, or

in such manner upon such terms of credit, or other=

=wise as he may think proper, my undivided one sev=

=enth interest in the West part of lot No. 25 in the

Village of Sunbury on which Farmers Bank is
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 171)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 171)

Description

[page 171]

[corresponds to page 105 of Delaware County Will Records Vol. 8 1887-1890]


105

Burton Moore's Will.

situated, Also my half interest in said 8 acres of

land, hereinbefore described, And also said 42

acres of land, lying immediately north of that

part of my Carpenter Farm that lies East of

the public road, and being part of Lot No. 6. in

Sec. 1. Tp. 4. and Range 17. as hereinbefore described,

and deeds to purchasers to execute, acknowledge

and deliver in fee sample.

I do also authorize and empower my said Executor

to sell either at public auction or private sale, or in such

manner upon such terms of credit, or otherwise as

he may think proper any or all of my personal

property, including Bank Stock, and all personal

property belonging to me at my decease, and out of the

proceeds arising from the sale of said real estate and

personal property, pay all my just debts, funeral ex=

penses and costs of administration, and the balance

I hereby direct my said Executor to pay as as

hereinbefore devised - to-wit:

The one half thereof to my daughter Abbie Kimball=

The one-fourth thereof to my grand daughter Bertha

L. Culver, and the other fourth thereof to my grand-

son, Arthur M. Culver - they respectively arrive

at their majority.

And I do hereby further direct authorize and empower

my said Executor, whom I do also hereby appoint

trustee for that purpose to invest and hold the said

shares of said Bertha L. and Arthur M. Culver, and

pay the same and the increase thereof. and pay each

ones share to her & him when they respectively come

of age.

And I do further authorize and empower my

said Executor and Trustee, if in his opinion it be=

=come necessary and for the best interest of my said

grandchildren, to use a portion of the said share of

each, to suitably maintain and educate them during

their minority, hereby giving to my said Executor

and Trustee full authority and discretion in the

premises: And I do hereby enjoin my said

Executor to faithfully carry out, so far as is in his

power lies the directions purposes and intentions of

this my last Will and Testament, and especially

my bequests and requests as to my said grand - chil=

dren. If my said Executor should not live un=

=til my said grandchildren come of age, I do

hereby request the Probate Judge to appoint some

suitable and capable person who will faithfully

and carefully carry out the provisions of this my

last Will and Testament.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 172)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 172)

Description

[page 172]

[corresponds to page 106 of Delaware County Will Records Vol. 8 1887-1890]


106

Burton Moore's Will.

I do hereby revoke all former Wills by me made.

In Testimony hereof I have hereunto set my

hand and seal this 19th day of October. A.D. 1887.

Burton Moore {Seal}

Signed and acknowledged by said Burton Moore

as his last Will and Testament in our presence

and signed by us at his request in his presence.

T.F. Blakely

R.D. Robinson.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 173)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 173)

Description

[page 173]

[corresponds to page 107 of Delaware County Will Records Vol. 8 1887-1890]


107

John Robert's Will.

Journal Entry.


Dec. 27th" 1887.


In the Matter of the Will } In the Probate Court of

of John Roberts, deceased.} Delaware County, Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of John Roberts,

late of Genoa Township, in this County, deceased

was produced in open Court for Probate; On con=

=sideration whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and

of the application to admit the same to probate, and

record, be given to Mary Bryant. Pruella Whitney

and Euretta Thrall, next of kin of the Testator,

resident of the State of Ohio, that said application

will be for hearing before this Court on the 30th~"

day of December. A.D. 1887. at one o'clock. P.M.

Rufus Carpenter

Probate Judge.


Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County.ss} In the Matter of the last Will

and Testament of John Roberts, deceased.

To Mary Bryant -

Pruella Whitney and Euretta Thrall.

You are hereby notified

that on the 27th day of December. A.D. 1887, an

instrument of writing, purporting to be the last Will

and Testament of John Roberts, late of Genoa

Township in said County, deceased, was produced

in open Court on the 30" day of December. A.D. 1887,

at 1 o'clock P.M.

Rufus Carpenter

{Seal} Probate Judge

Dated at Delaware Ohio, this 27" day of

December. A.D. 1887.

Return.


The State of Ohio } ss

Delaware County } ss George J. Roberts, being duly

sworn, says that on the 28th day
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 174)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 174)

Description

[page 174]

[corresponds to page 108 of Delaware County Will Records Vol. 8 1887-1890]


108

John Roberts' Will

of December. A.D. he served the within notice by

delivering a true copy thereof to the within named

Mary Bryant - Pruella Whitney and Euretta

Thrall.

George J Roberts.

Subscribed in my presence and sworn to before me,

this 30th day of Dec. 1887.

Rufus Carpenter

{Seal} Probate Judge.



Testimony of Geo. W. Hughes.


In Probate Court } In the Matter of proving the last

Delaware County, Ohio } Will and Testament of John Roberts.

Deceased.


The State of Ohio }

Delaware County, Ohio, ss } Geo. W. Hughes, being duly sworn

and examined as a witness, in

the above entitled matter, says; I was present at the

execution of the instrument now shown to me, bearing

date the 13th day of October. A.D. 1886. and offered

for probate as the last Will and Testament of John

Roberts, late of Genoa Township, in said County,

of Delaware, deceased, and saw the said John Roberts,

now deceased, sign and seal said instrument and heard

him acknowledge the same to be his last Will and

Testament; and I thereupon, at his request, and in

his presence, subscribed my name to the same as

a witness. The said decedent, at the time of making,

signing and sealing said instrument, was of full age,

of sound mind and memory, and not under any restraint.

Geo. W. Hughes.

Sworn to and subscribed by said witness in open

Court, this 30" day of December. A.D. 1887.

Rufus Carpenter

Probate Judge.


Journal Entry.


Dec. 30th 1887

In the Matter of the Will }

of John Roberts, deceased.} Be it remembered, that hereto=

fore, to-wit: on the 27" day of

December. A.D. 1887. an instrument of writing, purporting

to be the last Will and Testament of John Roberts,

late of Genoa Township, in this County, deceased,

was produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction of

the Court, that due notice of the filing of said Will,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 175)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 175)

Description

[page 175]

[corresponds to page 109 of Delaware County Will Records Vol. 8 1887-1890]


109

John Roberts' Will

and of the application to admit the same to probate

and record in this Court, has been given to

Mary Bryant - Pruella Whitney - Euretta Thrall

heirs and next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of this

Court; therefore, on this day came Geo. W. Hughes

one of the subscribing witnesses to said Will, who

being duly sworn, testified to the due execution and

attestation of said Will. Which testimony was re=

=duced to writing ~~~ by him subscribed, and

filed with said Will.

And it appearing that W.E. Linabary, the other

subscribing witness, to said Will, is sick and unable

to attend said hearing, it is therefore ordered that

a commission, with the Will annexed, issue herein

to John Q. Adams of Galena, O. directing him

to take the deposition of said subscribing witness

and return the same duly certified, with all conven=

ient speed to this Court.

Rufus Carpenter

Probate Judge.


Commission to

Take Testimony of Witness to Will.


The State of Ohio } ss. To J.Q. Adams. Greeting:

Delaware County. }

Know Ye, That we, in confi=

=dence of your prudence and fidelity, have appointed

you, and by these presents do give you full power and

authority to examine and take the deposition of W.E.

Linabary subscribing witness to the last Will and

Testament of John Roberts hereto annexed, late of

the County of Delaware, in the State of Ohio,

deceased; and therefore we command you, that at cer=

=tain days and places appointed by you, you cause the

said W.E. Linabury to be brought before you, and

then and there to examine him on oath or affirma=

tion first taken before you, touching the due execution

of said Will of the said John Roberts, and that

you reduce such examination to writing, and return

the same, together with this Commission and the

Will of the said John Roberts thereto annexed,

closed up under your seal, into our said Probate

Court, with all convenient speed.

In Testimony

Whereof, I, Rufus Carpenter, Judge of the said

Court, have hereunto set my hand and affixed
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 176)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 176)

Description

[page 176]

[corresponds to page 110 of Delaware County Will Records Vol. 8 1887-1890]


110

John Roberts' Will.


the seal of said Court at Delaware, this 30th

day of December. A.D. 1887.

Rufus Carpenter

{Seal} Probate Judge


Deposition of Witness to Will.

The State of Ohio } ss

Delaware County } In the matter of the last Will and

Testament of John Roberts ~~


Personally appeared before me J.Q. Adams, Com=

missioner, W.E. Linabary subscribing witness to

the last Will and Testament of John Roberts, late

of Genoa Township in said Delaware County, deceas=

=ed, who being by me first duly sworn according to

law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said

Will, depose and say: That he was present at the

execution of the paper before him bearing date the 13"

day of October. A.D. 1886. purporting to be the last

Will and Testament of John Roberts now deceased.

whose name is signed at the end thereof, and at

the request of said deceased, subscribed his name

to the same as witness in his presence; that he saw

the said John Roberts in his presence; that he saw

and heard him acknowledge the same to be his

last Will and Testament, and that the said John

Roberts at the time of making, signing, and sealing

said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint.

W.E. Linabary.

The State of Ohio }

Delaware County. ss} I, J.Q. Adams, duly appointed

and commissioned by the Judge

of the Probate Court, of the County of Delaware and

the State of Ohio, to take the testimony of W.E.

Linabary, subscribing witness to the last Will and

Testament of John Roberts deceased, late a res-

=ident of said County and State, which Commission,

and the said Will are hereto annexed, do hereby

certify that in pursuance of said Commission I

caused the above named W.E. Linabary sub=

=scribing witness as aforesaid to appear before me

at Galena on the 30th day of December. 1887,

that he was first duly sworn by me, according

to law, to speak the truth, the whole truth, and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 177)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 177)

Description

[page 177]

[corresponds to page 111 of Delaware County Will Records Vol. 8 1887-1890]




John Robert's Will.

nothing but the truth; that I examined him in

relation to the execution of said Will, and reduced

his testimony to writing as above set forth in his

presence and that he signed the same in my

presence, and I further certify that I am not Coun=

=sel, Attorney or Relative of any of the parties name

in said Will, or otherwise interested in the

Probate thereof.

In witness whereof, I have here-

unto set my hand , this 30" day of December.

A.D. 1887.

J.Q. Adams. J.P.

Commissioner.


Journal Entry.

Jany 3d 1888.

In the Matter of the Will of |

John Roberts, deceased. | The commission hereto=

fore issued herein to

take the testimony of W.E. Linabary, one of the

subscribing witnesses to the Will of said John

Roberts, deceased, was this day returned duly

executed and the same was filed herein.

And it appearing to the Court from the examin-

ation of the former witness and from the deposition

of the said W.E. Linabary, that the aforesaid in=

=strument of writing is the last Will and Testament

of said John Roberts, deceased. That the same was

duly executed and attested; and that the said Tes=

=tator, at the time of making, signing and sealing said

Will, was of full age. of sound mind and memory,

and not under any restraint. It is, therefore, by

the Court ordered that the said Will be admitted

to probate, and that the same together with the

testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record

in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.

In the name of the Benevolent Father of all,

I John Roberts of the township of Genoa,

County of Delaware and State of Ohio, do make

and publish this my last Will and Testament.


Item 1st It is my Will that my just debts and all charges.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 178)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 178)

Description


[corresponds to page 112 of Delaware County Will Records Vol. 8 1887-1890]

112

John Robert's Will.

and the expense of inscribing the record of my birth

and death on the monument now standing at the

grave of my deceased wife be paid out of my estate,


Item 2nd I devise and bequeath to my oldest daughter Mary

Bryant my horse buggy and harness which I

may have at my decease.


Item 3rd It is my will that the proceeds of my estate after

paying my debts and settling up my estate be equally

divided between my three daughters Mary Bryant -

Pruella Whitney and Euretta Thrall.



Item 4th I do hereby nominate and appoint George J. Roberts

Executor of this my last Will and Testament here=

=by authorizing and empowering him to compromise ad=

=just and discharge in such manner as he shall

deem proper the debts and claims due me. I do

also authorize and empower him to sell by private

sale or in such manner upon such terms of credit

or otherwise as he may think proper all my real

estate and deed to purchaser to execute and ac=

=knowledge and deliver in fee simple.

I do hereby revoke

all former wills by me made.

In testimony hereof I have

hereunto set my hand and seal this 13th day of

October in the year 1886.

John Roberts {Seal}


Signed and acknowledged by said

John Roberts as his last Will

and Testament in our presence

and signed by us in his presence.

Geo. W. Hughes

W.E. Linabary.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 179)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 179)

Description


[corresponds to page 113 of Delaware County Will Records Vol. 8 1887-1890]

113


Augustus A. Welch' Will.

Journal Entry.

Dec. 16th 1887.


In the Matter of the Will of } In the Probate Court of

Augustus A. Welch, Deceased. } Delaware County. Ohio.


This day an instrument of writing, purporting to

be the last Will and Testament of Augustus A.

Welch, late of Delaware City, in this County

deceased, was produced in open Court for Probate;

On consideration Whereof, it is ordered that the

said Will be filed in this Court, and that

due notice thereof, and of the application to admit

the same to probate and record, be given to ~~

William O. Welch - Philena B. Tallman ~

Henry A. Welch - Ralph Welch - Edward

Welch - Fanny S. Welch - heirs and next of

kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before

this Court on the 19th day of December. A.D.

1887. at 10 o'clock.A.M.

Rufus Carpenter

Probate Judge.


Waiver.

I, the undersigned, heir of the within named dece-

=dent, hereby waive further notice, and consent to

the probate of said Will.

Louie Welch.


Dated this 16" day of Dec. A.D. 1887.


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of Augustus A. Welch, deceased.

To William

O. Welch - Philena B. Tallman - Henry A. Welch -

Ralph R. Welch - Edward Welch - Fanny S.

Welch - Lewis Welch.

You are hereby notified that

on the 16" day of December. A.D. 1887. an instrument

of writing, purporting to be the last Will and Testament

of Augustus A. Welch, late of Delaware Township,

in said County, deceased, was produced in open
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 180)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 180)

Description

[corresponds to page 114 of Delaware County Will Records Vol. 8 1887-1890]

114

Augustus A. Welch' Will.


Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before

this Court on the 19th day of December A.D.

1887. at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

Dated at Delaware Ohio, this 16" day of De=

=cember, A.D. 1887.

{Seal}


Return.


The State of Ohio } ss

Delaware County } Louis Welch, being duly

sworn, says on the 16"

day of Dec. A.D. 1887. he served the within no=

=tice by delivering a true copy thereof to the within

named William O. Welch - Philena B. Tallman -

Henry A. Welch - Ralph R. Welch - Edward

Welch & Fanny S. Welch.

Louie Welch.

Subscribed in my presence and sworn to before me

this 4th day of Jan. 1888.

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

Dec. 19th 1887.

In the Matter of the Will of }

Augustus A. Welch, decd } The hearing of this case

continued until the 4th

day of Jany. A.D. 1888.

Rufus Carpenter

Probate Judge.


Probate of Will.


The state of Ohio } ss. In Probate Court.

Delaware County }

Personally appeared in open

Court Henry S. Culver and Norman F. Overturf

the subscribing witnesses to the last Will and

Testament of Augustus A. Welch, late of Del=

=aware City, in said Delaware County. deceased;

who being duly sworn according to law, to speak the

truth, the whole truth and nothing but the truth,

in relation to the execution of said Will, depose

and say: That the paper before them bearing date
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 181)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 181)

Description

[page 181]

[corresponds to page 115 of Delaware County Will Records Vol. 8 1887-1890]

115


Augustus A. Welch' Will.


the 29th day of January A. D. 1886. purporting to

be the last Will and Testament of Augustus A.

Welch now deceased, is the Will of said deceased

Augustus A. Welch, that they were present at

the execution of said Will, and at the request of

the Testator, respectively subscribed their names

to the same as witnesses, in his presence, that

they saw the said Augustus A. Welch deceased,

sign and seal said Will, and heard him acknowl=

=edge the same to be his last Will and Testament,

and that the said Augustus A. Welch at the

time of making, signing and sealing said Will

was of full age. of sound mind and memory, and

not under any restraint.

Henry S. Culver

Norman F. Overturf.

Sworn to and subscribed by said witnesses, in open

Court, this 4" day of January .A.D.1888.

Rufus Carpenter

{Seal} Probate Judge


Journal Entry.

January 4" 1888.

In the Matter of the Will of }

Augustus A. Welch, decd~" } Be it remembered, that

heretofore, to-wit: on the

16th day of December. A.D. 1887, an instrument

of writing, purporting to be the last Will and

Testament of Augustus A. Welch, late of Delaware

City, in this County, deceased, was produced

in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will,

and of the application to admit the same to probate

and record in this Court, has been given to --

William O. Welch. Philenna B. Tallman. Hen=

=ry A. Welch_ Ralph R. Welch - Edward Welch -

& Fanny Welch (Louie Welch having waived

notice) heirs and next of kin of the Testator, resi=

=dent of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came

Henry S. Culver and Norman F. Overturf the

subscribing witnesses to said Will, who being duly

sworn testified to the due execution and attestation

of said Will. Which testimony was reduced to

writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 182)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 182)

Description


[corresponds to page 116 of Delaware County Will Records Vol. 8 1887-1890]

116


Augustus A. Welch' Will.

Will and Testament of said Augustus A. Welch

deceased. That the same was duly executed and

attested; and that the said Testator, at the time of

making, signing and sealing said Will, was of

full age, of sound mind and memory, and not under

any restraint. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and

that the same, together with the testimony of the

witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.


Copy of Will.


In the name of the Benevolent Father of All

I, Augustus A. Welch of Delaware, Delaware

County, Ohio being of a Sound and disposing mind

and memory do make and publish this my last will

and testament hereby revoking all former wills by me

at any time made.

First ~~ I direct that all my

just debts including funeral expenses and Expenses in=

=cident thereto and expenses of Administration be

paid.

Second:~ After the payment of the aforesaid debts and expenses

In consideration of the love and affection I have

for my children, namely William O. Welch - Phi=

=lena B. Tallman ~ Henry A. Welch_ Ralph

R. Welch - Edward Welch - Fanny S. Welch

and Lewie Welch. I give devise and bequeath un=

=to them my said heirs all my property by real

and personal. Excepting my household goods, to be

divided equally among them share and share alike,

Excepting, Five hundred Dollars shall be taken

from the Share of William O. Welch he having

heretofore received that Sum and the said Five

hundred Dollars to be equally divided among my

other five or six 6 children above named.


Third:~ I direct that in the division of said estate among

my said heirs, that my homestead on Franklin

St. in the City of Delaware shall be estimated

at the Sum of Two Thousand dollars. One thous=

=and of which shall apply on the share of my

son Lewie and the remaining One thousand to

apply on the Share of my daughter Fannie, and

I give and devise unto my said Son Lewie and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 183)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 183)

Description

[page 183]

[corresponds to page 117 of Delaware County Will Records Vol. 8 1887-189

117


Augustus A. Welch' Will.

my said daughter Fannie, in equal Shares as

tenants in common my homestead in the City

of Delaware Ohio, absolutely (the same to be

estimated to them at the sum of two thousand

dollars as aforementioned) as long as they shall live

together, but should either of said heirs die or

abandon or leave said homestead, then the One so

left occupying the same shall have the same unto

himself absolutely & his heirs. or assigns.


Fourth - I give and devise unto my Son Lewie and my daughter

Fannie all my household goods each on equal shares.


Fifth - The balance of my real estate excepting the above

homestead may be sold at Public or private sale

or divided as my heirs should think best.


Sixth - I hereby name and appoint my son Lewie Welch

as executor of this my last will and testament.

In witness

whereof I have hereunder set my hand & seal this

29th day of January. A.D. 1886.

Augustus A. Welch. {Seal}


Signed by the said testator Augustus A. Welch

as and for his last will and testament in the pres=

=ence and in the presence of each other have subscribed

our names as attesting witnesses

Henry S. Culver. {Seal}

Norman F. Overturf. {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 184)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 184)

Description

[page 184]

[corresponds to page 118 of Delaware County Will Records Vol. 8 1887-1890]

118


Sarah Van Deman's Will.

Journal Entry.

January 31st 1888.


In the Matter of the Will of } In the Probate Court of

Sarah Van Deman deceased. } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Sarah Van Deman,

late of Delaware City, in this County, deceased,

was produced in open Court for Probate; On Consid=

=eration Whereof, it is ordered that the said Will be

filed in this Court. And it appearing to the

Court that Emma Van Deman - Eliza A. Van

Deman - William H. Maltbie - Sarah W. Buck -

W.L. Van Deman and J.D. Van Deman - heirs and

legatees of the Testatrix, resident of the State of Ohio,

have waived notice and consented to the probate of said

Will. Therefore, on this day came Chas. O Little

(G.W. Darlinton having deceased) the subscribing wit=

=ness to said Will, and Julia G. Little and Chas. O.

Little the subscribing witnesses to the Codicil of said

Will, who being duly sworn, testified to the due exe=

=cution and attestation of said Will and Codicil. Which

testimony was reduced to writing, by them respectively

subscribed, and filed with said Will. ~~ And it ap=

=pearing that G. W. Darlinton, one of the subscribing

witnesses to said Will, is now deceased ~ thereupon

Henrie E. Buck and Homer M. Carper, appeared in

open Court, and were duly sworn and examined according

to law touching the genuineness of the signature of said

G.W. Darlinton, attached to said Will, and their tes=

=timony thereon was reduced to writing and filed.

Whereupon the Court finds, that the aforesaid instru=

=ment of writing is the last Will and Testament of said

Sarah Van Deman, deceased, That the same was

duly executed and attested, and that the said Testatrix,

at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not under

any restraint. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon, be

entered of record in this Court.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 185)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 185)

Description


[corresponds to page 119 of Delaware County Will Records Vol. 8 1887-1890]

119


Sarah Van Deman's Will.

Waiver.


We, the undersigned Heirs at Law, Legatees &

Devisees of the within named decedent , hereby waive

further notice , and consent to the probate of said

Will.

Dated this 30th day of January. A.D. 1888.


Emma Van Deman

Eliza A. Van Deman

William H. Maltbie

By S.B. Maltbie, Guardian.

Sarah W. Buck

W.S. Van Deman

J.D. Van Deman.


Probate of Will

The State of Ohio } ss. In Probate Court.

Delaware County }

Personally appeared in open Court

Chas. O. Little one (G.W Darlington the other witness

being deceased) the subscribing witnesses to the last

Will and Testament of Sarah Van Deman, late of

Delaware City in said Delaware County, deceased;

who being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth, in

relation to the execution of said Will, disposes and says:

That the paper before him bearing date the 22d day of

July. A.D. 1880, purporting to be the last Will and Testa=

=ment of Sarah Van Deman, now deceased, is the last

Will of said deceased Sarah Van Deman, that he was

present at the execution of said Will, and at the request

of the Testatrix, subscribed his name to the same as

a witness, in her presence; that he saw the said Sarah

Van Deman, deceased sign and seal said Will, and heard

her acknowledge the same to be her last Will and Tes=

=tament, and that the said Sarah Van Deman at

the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under

any restraint.

Chas. O. Little.


Sworn to and subscribed by said witness in open Court.

this 31" day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 186)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 186)

Description

[page 186]

[corresponds to page 120 of Delaware County Will Records Vol. 8 1887-1890]

120


Proof of Signature of Witness to Will.

The State of Ohio }

Delaware County, ss.} Henrie E. Buck being duly

sworn, says that he was well

acquainted with G.W. Darlington who is now deceased,

that he was well acquainted with the hand writing of

the said G.W. Darlington, having often seen him

write, that the signature G.W. Darlington as subscrib=

-ing witness to the last Will and Testament of Sarah

Van Deman, deceased, is in the own proper hand

writing and signature of the said G.W. Darlington

who at the date of said Will was in full life, and

resided in Greenup, Kentucky.

Henrie E. Buck

Sworn to before me, and subscribed in my presence,

this 31st day of January A.D. 1888.

Rufus Carpenter

{seal} Probate Judge


The State of Ohio }

Delaware County, ss. } Homer M. Carper, being duly

sworn, says that he was well

acquainted with George W. Darlinton, who is now

deceased, that he was well acquainted with the hand

writing of the said George W. Darlinton, having often

seen him write, that the signature G.W. Darlinton as

subscribing witness to the last Will and Testament of

Sarah Van Deman, deceased, is in the own proper

hand writing and signature of the said G.W. Darlinton

who at the date of said Will was in full life, and re=

sided in Greenup Kentucky, Greenup County.

Homer M. Carper

Sworn to before, and subscribed in my presence, this

31st~ day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge


Proof of Witnesses to Codicil to Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open

Court Julia G. Little and Chas. O. Little the sub=

=scribing witnesses to the Codicil to the last Will

and Testament of Sarah Van Deman, late of Delaware

City in said Delaware County, deceased; who

being duly sworn according to law, to speak the truth,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 187)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 187)

Description

[page 187]

[corresponds to page 121 of Delaware County Will Records Vol. 8 1887-1890]

121


Sarah Van Deman's Will.

the whole truth, and nothing but the truth, in rela=

=tion to the execution of said Codicil, depose and say:

That the paper before them bearing date the 22

day of June. A.D. 1882, purporting to be a codicil

to the last Will and Testament of Sarah Van De=

=man now deceased, is the codicil to the Will of

said deceased Sarah Van Deman, that they were

present at the execution of said codicil and at the

request of the Testatrix, respectively subscribed their

names to the same as witnesses, in her presence;

that they saw the said Sarah Van Deman deceased,

sign and seal said codicil and heard her acknowledged

the same to be a codicil to her last Will and Testa=

=ment, and that the said Sarah Van Deman at

the time of making, signing and sealing said codicil

was of full age, of sound mind and memory, and not

under any restraint.

Julia G. Little

Chas. O. Little

Sworn to and subscribed by said witnesses, in open

Court, this 31st day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge.


Copy of Will.


In name of the Benevolent Father I Sarah Van

Deman of the City of Delaware Ohio being of

sound & disposing mind and memory and under no

restraint do make and publish this my last Will and

testament hereby revoking all former wills by me

made,

Item 1st I direct that all my just debts and funeral and the

expence of administering my estate be paid out of my

personal estate.

Item 2nd All the rest and residue of my estate that is the per=

=sonal estate except my household goods and kitchen

furniture I give and bequeath to my daughters Eliza

A Van Deman and Emily N. Van Deman, share and

share alike

Item 3rd I do hereby will and devise and bequeath unto my said

daughters Eliza A. Van Deman - Emily N. Van Deman

and my son W L Van Deman for and during their natur=

=al lives and during the life of the survivors of them

unless they should sooner marry, the following real

estate situated in the City of Delaware, County of

Delaware and State of Ohio and bounded as follows:

Beginning on the North side of north street at the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 188)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 188)

Description

[page 188]

[corresponds to page 122 of Delaware County Will Records Vol. 8 1887-1890]

122


Sarah Van Deman's Will.

south west corner in the tract deeded by me to W.L.

Van Deman said deed dated July 21. 1880. thence

West on the north line of north street to the south

east corner of land deeded to Emily N. Van Deman

thence north on her east line to her north east

corner thence West on her north line and the north

line of Angie M. Maltbie to the west line of original

out lot No. 38 thence north on the west line of said

lot No. 38 to the south west corner of original out lot

No. 40 sold to J E. Buck thence east on the

south line of out lot No. 40. to the North west corner of

Wm Jones land, thence south on said Jones west

line to his North west corner thence east on his

south line to the North west corner of said lot deeded

to W.L. Van Deman thence south on his west line

to the place of beginning being known as part of out-

lot original No 38 and includes the house orchard and

barn lot, said devisees Elisa A. Van Deman , Em=

=ily N. Van Deman and W.L. van Deman to keep up

repairs and pay the taxes -- thereon, should either of

said daughters or son marry then they forfeit all

benefits of this devises in this item and at the death

of the survivors of them or upon the marriage of the

survivor of them I hereby devise and bequeath the

remainder of said property to my children living

at the date of this Will and to their heirs in

fee simple as tenants in common and should any of

my said children be dead leaving children, then

their share is to go to their issue , and should

any of my children die without lawful issue, then

their respective children to go to my other children and

their heirs.

Item 4th I hereby direct and desire that my Executors herein=

after named or their successors shall sell either

at public or private sale as they may think best all

of original out lot No 37. known as the field above the

barn which remains unsold and invest the proceeds

of such sale at interest, executing and delivering deeds

to the purchaser or purchasers and after paying the

expenses of such investments and taxes thereon to

pay annually to each of my Daughters Eliza A. Van

Deman, Sarah W. Buck, Emily N. Van Deman -

and Angie M. Maltbie each one fourth of said interest

per annum income during their natural lives or

at their death or the death of either of them their

respective share of the principal or the interest to be

equally divided among their children in the same

manner as is provided, for in the remainder of the

property described in Item 3 after the determination
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 189)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 189)

Description

[page 189]

[corresponds to page 123 of Delaware County Will Records Vol. 8 1887-1890]

123


Sarah Van Deman's Will.

of the life estate.

Item 5th All the rest and residue of my estate except my

household goods and kitchen furniture which I will

and bequeath to Eliza A. Van Deman & Emily

N. Van Deman upon the same conditions and stipula=

=tions as is provided for in the 3rd Item in this

Will, I will and devise and bequeath unto my children

Eliza A. Van Deman - Sarah W. Buck- Joseph

H. Van Deman - John D. Van Deman, Emily

N. Van Deman and Angie M. Maltbie and W.L.

Van Deman and to their heirs as tenants in common,

share and share alike and if any of them should be

dead at my death, then their share to go to their

heirs, I have made the additional provision for my

Daughters Eliza A. Van Deman and Emily N. Van

Deman because they have so long lived with me as=

=sisting me and administering to my wants and because

of their condition of helplessness I may leave them

in.

Item 6th I give and bequeath to my Daughters Eliza A. Van

Deman and Emily N. Van Deman all the money

both bank notes and coin that I may have at the

time of my death. I also give and bequeath to said

Eliza A. and Emily N. Van Deman all the Notes

for the payment of money and all the Railroad Stock

that I may have on hand at the time of my death.


Item 7th I do hereby constitute and appoint my two sons John

D. Van Deman and W.L. Van Deman executors of

this my last Will and Testament and do hereby

authorize them to compromise and adjust all claims

from or due to me.

In testimony whereof I have hereunto

set my hand and seal this 22d of July 1880


Sarah Van Deman. {Seal}


Signed sealed and acknowledged and declared in our

presence by the said Sarah Van Deman as and for

her last Will and Testament and we have signed the

same as witnesses thereto at her request in her pres=

=ence and in presence of each other.

Chas. O. Little

G. W. Darlinton
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 190)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 190)

Description

[page 190]

[corresponds to page 124 of Delaware County Will Records Vol. 8 1887-1890]

124


Sarah Van Deman's Will.

Codicil.

Whereas I Sarah Van Deman on the 22d day of

July A.D. 1880. made & executed my last will &

testament, which is hereto attached, And whereas

a change of my circumstances & estate has taken place

in consequence of the death of my brother George W.

Darlinton, now I do hereby make and publish this

as a codicil to my said will. and declare that said

Will with the changes made in this codicil, shall

be my last will & testament to-wit.

Item. I. I give and bequeath to my daughters Eliza A. Van Deman

& Emily N. Van Deman all my household goods &

kitchen furniture in equal proportions, and all the rest &

residue of my personal estate, including moneys, notes & prop=

=erty in expectancy or possession. I give and bequeath un=

=to my children Eliza A. Van Deman - Sarah W. Buck

Joseph H. Van Deman - John D. Van Deman - Emily

N. Van Deman - Angie M. Maltbie and Willie L. Van

Deman, share and share alike, and if any of them should

be dead at my death, their share to go to their children,

if they should leave any, and if not their share to go to

the survivors - and I hereby revoke Items 2d and 6th

of my said will as in conflict herewith.

Item. II All my real estate wherever situate except that de=

scribed and bequeathed in Item III. of my will (which

I wish to remain as in Item 3~d provided ) I give de=

=vise and bequeath unto my children, Eliza A. Van De=

man - Sarah W. Buck - Joseph H. Van Deman -

John D. Van Deman - Emily N. Van Deman - Angie M.

Maltbie and Willie L. Van Deman share and share alike.

as set forth in Item 5th of my said Will and I hereby re=

=voke the provisions made in Item 4th~" of said Will. it being

my desire that my said children shall equally enjoy and

possess my estate, except that portion set apart in said

Item 3d which they are to have subject to the limitations &

conditions therein provided, and as to said Household goods &

kitchen furniture.

In testimony whereof I have hereunto set my

hand and seal this 22d day of June. A.D. 1882.

Sarah Van Deman {Seal}

Signed, sealed and acknowledged and declared in our presence

by the said Sarah Van Deman as and for a codicil to her

last will and testament, and we have signed the same as

witnesses thereto at her request in her presence and in pres=

=ence of each other.

Julia G. Little

Chas. O Little
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 191)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 191)

Description

[page 191]

[corresponds to page 125 of Delaware County Will Records Vol. 8 1887-1890]

125


Joshua B. Fritz Estate,

Journal Entry.

January 28" 1888.


In the Matter of the Will of } In the Probate Court of

Joshua B. Fritz, Deceased. } Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of Joshua B. Fritz, late of

Delaware City, in this County, deceased, was produced

in open Court for Probate; On Consideration Whereof

it is ordered that the said Will be filed in this Court,

and that due notice thereof, and of the application to

admit the same to probate and record be given to

Hettie Horner - Mary Fritz - Daniel Fritz and Min-

-nie Vining (Rosannah Fritz, widow and William

Fritz having waived notice) next of kin of the Testa=

=tor, resident of the State of Ohio, that said applica=

tion will be for hearing before this Court on the 1st day

of February .A.D. 1888, at 2 o'clock P.M.

Rufus Carpenter

Probate Judge.


Notice to Heirs.

State of Ohio } In Probate Court.

Delaware County, ss. }

In the matter of the Last Will and Testa=

=ment of Joshua B. Fritz, deceased.

To Hettie Horner ~

Mary Fritz - Daniel Fritz - Minnie Vining.

You are hereby

notified that on the 28" day of January. A.D. 1888

an instrument of writing ,purporting to be the last Will

and Testament of Joshua B. Fritz, late of Delaware

City, in said County, deceased, was produced in

open Court, and an application to admit the same

to probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 1st day of February. A.D.1888, at 2 o'clock

P.M.

Rufus Carpenter

Probate Judge.

Dated at Delaware Ohio, this 28" day of January. A.

D 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 192)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 192)

Description

[page 192]

[corresponds to page 126 of Delaware County Will Records Vol. 8 1887-1890]

126


Joshua B. Fritz' Will.

Return.

The State of Ohio }

Delaware County ss } William Fritz being duly sworn,

says that on the 28th & 30th days of

January A.D. 1888, he served the within notice by de=

livering a true copy thereof to the within named

Hettie Horner ~~ Mary Fritz ~ Daniel Fritz and

Minnie Vining.

William Fritz.

Subscribed in my presence and sworn to before me this

1st day of Feb. 1888.

{Seal}

Waiver.

We, the undersigned, widow & heir of the within named

decedent, hereby waive further notice, and consent to

the probate of said Will.

Dated this 28" day of Jany A.D. 1888.

Rosannah Fritz

William Fritz.


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

Henry L. Baker and James R. Lytle the subscrib-

ing witnesses to the last Will and Testament of Joshua

B. Fritz, late of Delaware Township in said Dela-

=ware County, deceased; who being duly sworn accord-

=ing to law, to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bear:

=ing date the 27" day of August A.D. 1887, purporting

to be the last Will and Testament of Joshua B.

Fritz, now deceased, is the Will of said deceased

Joshua B. Fritz, that they were present at the ex=

=ecution of said Will, and at the request of the

Testator, respectively subscribed their names to the

same as witnesses, in his presence; that they saw

the said Joshua B. Fritz deceased sign and seal

said Will, and heard him acknowledge the same

Joshua B. Fritz at the time of making, signing

and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

Henry L. Baker

James R. Lytle
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 193)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 193)

Description

[page 193]

[corresponds to page 127 of Delaware County Will Records Vol. 8 1887-1890]


Joshua B. Fritz' Will.


Sworn to and subscribed by said witnesses, in open

Court, this 1st day of February. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge

Journal Entry.

February 1st 1888.

In the Matter of the Will }

of Joshua B. Fritz, Deceased. } Be it remembered, that

heretofore, to-wit: on the 28"

day of January. A.D. 1888. an instrument of writing,

purporting to be the last Will and Testament of Josh=

=ua B. Fritz, late of Delaware City, in this Coun=

=ty deceased, was produced in open Court for probate

and was then filed. And, it being shown to

the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit

the same to probate and record in this Court, has

been given to Hettie Horner- Mary Fritz - Daniel

Fritz and Minnie Vining (Rosannah Fritz, widow,

and William Fritz having waived notice) heirs and next

of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court; therefore,

on this day came Henry L. Baker and James R.

Lytle the subscribing witnesses to said Will, who

being duly sworn, testified to the due execution of said

Will, which testimony was reduced to writing, by

them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Joshua B. Fritz, deceased. That the same was

duly executed and attested; and that the said Testa=

tor, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimon=

=y of the witnesses above named, as well as the proceed=

=ings had thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.




Copy of Will.


In The name of the Benevolent Father of All I, Josh=

=ua B. Fritz of Delaware County, Ohio, do make and

publish this my last Will and Testament.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 194)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 194)

Description

[page 194]

[corresponds to page 128 of Delaware County Will Records Vol. 8 1887-1890]

128


Joshua B. Fritz' Will.

Item First I desire that all my just debts and expenses be first paid

out of my estate.

Item Second: I give and devise to my beloved wife Rosannah Fritz

The property upon which we live Situate in the

City of Delaware County of Delaware and State of Ohio

and being In Lots 342 & 343, in said City of Delaware

absolutely, and in fee Simple. I also give and devise

to my said wife absolutely & unconditionally all my

household goods and furniture, and all my goods and

chattels or whatever kind or description. It is my

will and desire that she shall pay all my just debts out

of my said estate.

Item Three: I do hereby nominate and appoint my said wife, exec=

=trix of this my last will and testament, hereby author=

=izing and empowering her to compromise adjust release and

discharge in such manner as she may deem proper the

debts and claims due me, and I do also authorize and

empower her if it shall become necessary in order to pay

my debts, to sell by private sale or in such manner and

upon such terms of credit as she may think proper all or

any part of my real estate and deeds to purchasers to execute

acknowledge and deliver in fee simple.

I desire that no appraisement and no sale of my personal

property be made and that the court of probate direct the ommis=

=sion of the same in pursuance of the Statute.

It is my will and wish that my said executrix be not

required to give bonds. And I desire the Probate Judge

to issue letters of Administration to her without bonds.

I do hereby revoke all former wills by me made.

In testimony

hereof I have hereunto set my hand and seal this

24th day of August. A.D. 1887.

Joshua B. Fritz. {Seal}

Signed and acknowledged by said Joshua B. Fritz as

his last Will and Testament in our presence and signed by

us in his presence at his special instance and request.

Henry L. Baker.

James R. Lytle.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 195)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 195)

Description

[page 195]

[corresponds to page 129 of Delaware County Will Records Vol 8 1887 - 1890]

129


Jonas Evan's Will.

Journal Entry

January 10" 1888.


In the Matter of the Will } In the Probate Court of

of Jonas G. Evans, Dec'd } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Jonas G. Evans,

late of Delaware City, in this County, deceased, was

produced in open Court for Probate; On Consideration

Whereof, it is ordered that the said Will be filed

in this Court. And it appearing to the Court

that there are no next of kin and the Legatees having

waived service of Notice and consented to the probate

of said Will.~~ And it appearing to the Court

that J.H. Smith one of the subscribing witnesses

to said Will is a resident of Appleton, Missouri

and is without the jurisdiction of this Court, it is

therefore ordered that a commission with the Will

annexed issue herein to F French of Appleton, Mis=

=souri, directing him to take the deposition of said

subscribing witness J.H. Smith and return the

same, duly certified, with all convenient speed to this

Court.

Rufus Carpenter

Probate Judge.


Waiver.

We, the undersigned legatees of the within named dec=

=edent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 10" day of January. A.D. 1888.

her

Attest. Elizabeth Jane X Schneck

Mame Parks mark

Rufus Carpenter.



Commission.

The State of Ohio } ss

Delaware County } To Hon. F. French, Greeting;

Know Ye,

That we, in confidence of your prudence and fidelity,

have appointed you, and by these presents do give you

full power and authority to examine and take the deposi=

=tion of J.H. Smith one of the subscribing witnesses

to the last Will and Testament of Jonas G Evans, decd

hereto annexed, late of the County of Delaware, in the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 196)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 196)

Description

[page 196]

[corresponds to page 130 of Delaware County Will Records Vol. 8 1887-1890]


Jonas G. Evan's Will


State of Ohio, deceased, and therefore we command

you, that at certain days and places appointed by you,

you cause the said J.H. Smith to be brought be=

=fore you, and then and there to examine him on oath or

affirmation first taken before you, touching the due ex=

=ecution of said Will of the said Jonas G. Evans,

decd and that you reduce such examination to writing,

and return the same, together with this Commission

and the Will of the said Jonas G. Evans, decd,

thereto annexed, closed up under your seal, into our

said Probate Court, with all convenient speed.

In Testimony

Whereof, I, Rufus Carpenter, Judge of the said

Court, have hereunto set my hand and affixed the

seal of said Court, at Delaware O, this 10th day of

January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge.


Copy of Will.


I, Jonas G. Evans, of the town of Delaware, County

of Delaware State of Ohio, being aware of the un-

=certainties of life, and in failing health, but of sound

mind and memory, do make and declare this to be

my last will and testament in manner following,

to-wit.

First I give, devise and bequeath to Mrs. Elizabeth Jane

Schneck my house and lot, situated in the City

of Delaware, County of Delaware , State of Ohio,

and known as original lot "M" in John M. & H Har-

-riett Beedles addition to South Delaware and part of

out lot No. 22 old N° and new N° 1163 . Said inlot

"M" has been renumbered and is now known an,

designated as N° 15 28 in said City of Delaware,

and being the same premises conveyed to Jonas G. Ev-

=ans by D.H. Potter and wife by deed of date Nov.

12. 1873. and recorded in Delaware Co, records. Vol. 65.

Page 575.

And I further devise and bequeath unto the said Mrs.

Elizabeth Jane Schneck all of my household goods,

and all of my personal property not otherwise herein

specified.

Second I, give and bequeath to the St. John English Luth=

=eran Church located at Delaware in the State

of Ohio all of my money, bonds, notes and mortgages,

to be taken by the trustees of said Church and expend=

=ed for the benefit of said Church in such manner
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 197)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 197)

Description

[page 197]

[corresponds to page 131 of Delaware County Will Records Vol. 8 1887-1890]

131


Jonas G. Evans' Will


as said trustees may from time to time elect.

I nominate and

appoint as Executor of this my last will and tes=

=tament my friend and relative Lewis Smith. Jr

and further direct that he, my Executor, shall pay

the necessary funeral expenses and all other debts

that may have been contracted, before turning the

money over to the trustees of the Church.

In witness whereof,

I, Jonas G. Evans to this my last will and tes=

=tament have hereunto set my hand and seal

this twenty fifth day of July. 1887.

his

J.H. Smith Witnesses Jonas G. x Evans. {Seal}

J.L. Smith mark


Signed, sealed and declared by Jonas G. Evans

as and for his last will and testament, in the pres-

=ence of us who at his request and in his presence,

and in the presence of each other, have subscribed

our hands hereto as witnesses thereof.

J.H. Smith. Appleton City. Mo.

J.L. Smith. Cleveland . Ohio.


Deposition of J. H. Smith


The State of Missouri } In the Matter of the last Will and

St Clair. County. ss } Testament of Jonas J. Evans. decd


Personally appeared before me F. Finch, Commissioner,

J.H. Smith, one of the subscribing witnesses to the

last Will and Testament of Jonas G. Evans, late of

Delaware City, in said Delaware County, deceased,

who being by me first duly sworn according to law

to speak the truth, the whole truth, and nothing but

the truth, in relation to the execution of said Will,

deposes and says: That he was present at the execu=

tion of the paper before him bearing date the 25th day

of July. A.D. 1887. purporting to be the last Will

and Testament of Jonas G. Evans now deceased,

whose name is signed at the end thereof, and at the

request of said deceased, he subscribed his name to the

the same as a witness in his presence; that he saw

the said Jonas G. Evans sign and seal said Will,

and heard him acknowledge the same to be his last

Will and Testament, and that the said Jonas G.

Evans at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 198)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 198)

Description

[page 198]

[corresponds to page 132 of Delaware County Will Records Vol. 8 1887-1890]

132


Jonas G. Evans' Estate.

and not under any restraint.

J.H. Smith

The State of Missouri }

St Clair County. ss. } I, F. Finch, duly appointed and

commissioned by the Judge of the

Probate Court, of the County of Delaware, and the

State of Ohio, to take the testimony of J.H. Smith

one of the subscribing witnesses to the last Will and

Testament of Jonas G. Evans, deceased, late a resident

of said County and State, which Commission, and the

said Will are hereto annexed, do hereby certify that

in pursuance of said Commission I caused the above

named J.H. Smith one of the subscribing witnesses

as aforesaid to appear before me, on the 27" day of Jan=

=uary. 1888, that he was first duly sworn by me, ac:

=cording to law to speak the truth, the whole truth and

nothing but the truth; that I examined him in

relation to the execution of said Will, and reduced his

testimony to writing as above set forth in his presence

and that he signed the same in my presence, and I

further certify that I am not Counsel, Attorney or

Relative of any of the parties named in said Will,

or otherwise interested in the Probate thereof.

In witness whereof

I have hereunto set my hand, this the 27th day of

January A.D. 1888.

Franklin Finch

{Seal} Commissioner.

and Probate Judge of

St Clair County. Missouri.

Journal Entry.
__________

January 30th 1888.

In the matter of the Will of |

Jonas G. Evans, deceased. | The commission heretofore issued

herein to take the testimony of

J.H. Smith, one of the subscribing witnesses to the Will of

said Jonas G. Evans, deceased was this day returned duly

executed and the same was filed herein.

And it appearing to the Court that J.L. Smith, the other

subscribing witness to said Will, is a resident of Cleve=

=land, Ohio, and is without the jurisdiction of this Court, it

is thereupon ordered that a Commission, with the Will an=

=nexed, issue herein to Daniel R Tilden, of Cleveland,

Ohio, directing him to take the testimony of said subscribing

witness, and return the same, according to law, with all

convenient speed, to this Court.

Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 199)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 199)

Description

[page 199]

[corresponds to page 133 of Delaware County Will Records Vol. 8 1887-1890]

133


Jonas G. Evan's Will

Commission

The State of Ohio } ss.

Delaware County } To Hon. Daniel R. Tilden, Greeting:


Know Ye, That we, in confidence of your prudence and fidel=

=ity, have appointed you, and by these present do give

you full power and authority and take the deposition of

J.L. Smith, one of the subscribing witnesses to the

last Will and Testament of Jonas G. Evans decd,

hereto annexed, late of the County of Delaware, in

the State of Ohio, deceased; and therefore we command

you, that at certain days and places appointed by you,

you cause the said J.L. Smith to be brought before

you, and then and there to examine him on oath or

affirmation first taken before you, touching the due exe=

=cution of said Will of the said Jonas G. Evans, decd

and that you reduce such examination to writing, and return

the same, together with this Commission and the Will

of the said Jonas G. Evans decd thereto annexed, closed up

under your seal, into our said Probate Court, with all

convenient speed.

In Testimony Whereof, I, Rufus Car=

=penter, Judge of the said Court, have hereunto set my

hand and affixed the seal of said Court, at Delaware

O, this 30" day of January. A.D. 1888.

Rufus Carpenter

{Seal} Probate Judge



Deposition of J.L. Smith.


The State of Ohio } ss In the matter of the last Will and Testament

Cuyahoga County } of Jonas G. Evans, decd


Personally appeared before me Daniel R. Tilden,

Commissioner, J.L. Smith, one of the subscribing

witnesses to the last Will and Testament of Jonas G.

Evans, late of Delaware City, in said Delaware

County, deceased, who being by me first duly sworn

according to law, to speak the truth, the whole truth, and

nothing but the truth in relation to the execution of said

Will, deposes and says: That he was present at the exe=

=cution of the paper before him bearing date the 25th day of

July. A.D. 1887. purporting to be the last Will and Testament

of Jonas G. Evans now deceased, whose name is signed

at the end thereof, and at the request of said deceased, he

subscribed his name to the same as a witness in his

presence, that he saw the said Jonas G. Evans sign and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 200)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 200)

Description

[page 200]

[corresponds to page 134 of Delaware County Will Records Vol. 8 1887-1890]

134


Jonas G. Evans' Will

seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said

Jonas G. Evans at the time of making, signing and

sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

J.L. Smith.

The State of Ohio } ss

Cuyahoga County. } I, Daniel R. Tilden, duly ap=

=pointed and commissioned by the

Judge of the Probate Court of the County of Delaware

and the State of Ohio, to take the testimony of J.L.

Smith, one of the subscribing witnesses to the last

Will and Testament of Jonas G. Evans, deceased

late a resident of said County and State, which Com=

=mission, and the said Will are hereto annexed, do

hereby certify that in pursuance of said Commission I

caused the above named J.L. Smith of the sub=

=scribing witnesses as aforesaid to appear before me, at

Cleveland on the 1st day of February. 1888, that he

was first duly sworn by me, according to law, to

speak the truth, the whole truth, and nothing but the

truth; that I examined him in relation to the exe=

=cution of said Will, and reduced his testimony to

writing as above set forth in his presence and that he

signed the same in my presence, and I further certi=

=fy that I am not Counsel, Attorney or Relative

of any of the parties named in said Will, or other=

=wise interested in the Probate thereof.

In witness whereof I

have hereunto set my hand, this 1st day of February.

A.D. 1888.

Daniel R. Tilden

Commissioner


Journal Entry.

February 2nd 1888.

In the Matter of the Will }

of Jonas G. Evans. }

The Commission heretofore is:

=sued herein to take the testimony of J.L. Smith

one of the subscribing witnesses to the Will of said

Jonas G. Evans deceased, was this day returned,

duly executed and the same was filed herein.

And it appearing to the Court from the depositions

of the said J.H. Smith and J.L. Smith, the sub=

=scribing witnesses to said Will that the aforesaid

instrument of writing is the last Will and Testament
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 201)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 201)

Description

[page 201]

[corresponds to page 135 of Delaware County Will Records Vol. 8 1887-1890]


Jonas G. Evan's Will

of said Jonas G. Evans, deceased. That the same

was duly executed and attested; and that the

said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind

and memory, and not under any restraint. It is,

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as

well as the proceedings has thereon, be entered of

record in this Court.

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 202)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 202)

Description

[page 202]

[corresponds to page 136 of Delaware County Will Records Vol. 8 1887-1890]

136


Hugh Carter's Will

Journal Entry.

January. 9th 1888.


In the Matter of the Will | In the Probate Court of

of Hugh Carter, deceased | Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Hugh Carter,

late of Troy Township, in this County, deceased was

produced in open Court for Probate; On Consid=

=eration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof,

and of the application to admit the same to probate and

record, be given to William Carter- John H Car=

=ter- James E. Carter- Keziah Willey - Ellen

Armstrong - Helen Francis- Alice Carter- Lucinda

Ashbrook- Dora Inskip- Alice Weiser - James

Willey - Hosea Willey- Nancy Willey- Jasper

Willey - Perry Willey - Cora Carter- Mary

Carter- Mattie Carter . Hugh Francis and John

Armstrong, heirs and next of kin of the Testator,

resident of the State of Ohio, that said application

will be for hearing before this Court on the 25th~ day

of January. A.D. 1888, at two o'clock. P.M.

Rufus Carpenter

Probate Judge.



Notice to Heirs.

The State of Ohio } ss. In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of Hugh Carter, deceased.

To William Carter-

John H. Carter- James E. Carter , Keziah Willey -

Ellen Armstrong - Helen Francis - Alice Car=

=ter- Lucinda Ashbrook - Dora Inskip- Alice Wei=

=ser - James Willey - Hosea Willey - Nancy

Willey - Jasper Willey - Perry Willey - Cora Carter

Mary Carter - Mattie Carter - Hugh Francis -

John Armstrong.

You are hereby notified that on the 9th

day of January. A.D. 1888, an instrument of writing.

purporting to be the last Will and Testament of

Hugh Carter, late of Troy Township; in said

County, deceased, was produced in open Court, and

an application to admit the same to probate was

on the same day made in said Court. Said appli=

=cation will be for hearing before this Court on the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 203)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 203)

Description

[page 203]

[corresponds to page 137 of Delaware County Will Records Vol. 8 1887-1890]

137


Hugh Carter's Will.

25" day of January. A.D. 1888, at 2'o clock. P.M.

Rufus Carpenter

{Seal} Probate Judge


Dated at Delaware Ohio, this 9" day of January.

A.D. 1888.


Return.

The State of Ohio } ss.

Delaware County } John Cunningham being duly

sworn, says that on the 18"

day of January. A.D. 1888, he served the within

notice by delivering a true copy thereof to all of the

within named parties.

John Cunningham

Subscribed in my presence and sworn to before me

this 25" day of Jan. 1888.

Rufus Carpenter

{Seal} Probate judge.


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open Court

John A. Carter one of the subscribing witnesses to

the last Will and Testament of Hugh Carter

late of Troy Township in said Delaware County,

deceased; who being duly sworn according to law,

to speak the truth, the whole truth, and nothing but

the truth, in relation to the execution of said Will,

depose and say: That the paper before him bearing

date the 12" day of December .A.D. 1885, purporting

to be the last Will and Testament of Hugh Carter,

now deceased, is the Will of said deceased, that he

was present at the execution of said will, and at the

request of the Testator, subscribed his name to the

same as witness in his presence; that he saw the

said Hugh Carter, deceased, sign and seal said

Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said

Hugh Carter, at the time of making, signing and

sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

John A. Harter.

Sworn to and subscribed by said witness in open Court,

this 25 day of January. A.D. 1888.

{Seal} Rufus Carpenter. Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 204)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 204)

Description

[page 204]

[corresponds to page 138 of Delaware County Will Records Vol. 8 1887-1890]


138

Hugh Carter's Will

Journal Entry.

January 25 1888.


In the Matter of the Will |

of Hugh Carter, Deceased.| Be it remembered, that

heretofore, to-wit: on the 9th

day of January A.D. 1888. an instrument of writing, pur=

=porting to be the last Will and Testament of Hugh

Carter, late of Troy Township, in this County, de=

=ceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfac=

=tion of the Court, that due notice of the filing of said

Will, and of the application to admit the same to

probate and record in this Court, has been given to

William Carter- John H. Carter. James E. Carter

Keziah Willey - Ellen Armstrong - Helen Francis -

Alice Carter - Lucinda Ashbrook - Dora Inskip -

Alice Weiser - James Willey - Hosea Willey -

Nancy Willey - Jasper Willey - Perry Willey -

Cora Carter - Mary Carter - Mattie Carter - Hugh

Francis - and John Armstrong, heirs, legatees and next of

kin of the Testator resident of the State of Ohio, pur-

=suant to a former order of this Court; therefore on this

day came John A. Carter, one of the subscribing wit=

=nesses to said Will, who being duly sworn ,testified

to the due execution and attestation of said Will.

Which testimony was reduced to writing, by him

subscribed, and filed with said Will.

And it appearing to the Court that William L.

Crawford, the other subscribing witness to said Will,

is a resident of Seneca County, Ohio, and is with=

=out the jurisdiction of this Court, it is therefore or=

=dered that a commission with the Will annexed,

issue herein to J.C. Royer, of Tiffin, Seneca Coun:

=ty, Ohio directing him to take the deposition of said

subscribing witness, and return the same duly certified, with

all convenient speed to this Court.

Rufus Carpenter.

Probate Judge



Commission.


The State of Ohio } ss. To J.G. Royer - Greeting

Delaware County }

Know Ye, That we, in confidence of

your prudence and fidelity, have appointed you, and by these

presents do give you full power and authority to examine

and take the deposition of William L. Crawford one of

the subscribing witnesses to the last Will and Testament
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 205)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 205)

Description

[page 205]

[corresponds to page 139 of Delaware County Will Records Vol. 8 1887-1890]


139

Hugh Carter's Will.

of Hugh Carter decd hereto annexed, late of the

County of Delaware, in the State of Ohio, deceased;

and therefore we command you that at certain days

and places appointed by you, you cause the said

William L. Crawford to be brought before you, and

then and there to examine him on oath or affirma=

=tion first taken before you, touching the due execution

of said Will of the said Hugh Carter, decd, and

that you reduce such examination to writing, and

return the same, together with this Commission and

the Will of the said Hugh Carter, decd, thereto

annexed, closed up under your seal, into our said

Probate Court, with all convenient speed.

In Testimony Whereof,

I, Rufus Carpenter, Judge of the said Court,

have hereunto set my hand and affixed the seal of

said Court, at Delaware, this 25" day of January.

A.D. 1888,

Rufus Carpenter

{Seal} Probate Judge


Copy of Will.

In the Name of the Benevolent Father of All I,

Hugh Carter of the County of Delaware Ohio, being

of sound mind and memory do make and publish this

my last will and testament in manner and form

following.

1st I direct that all my just debts and expenses be paid

out of any money or personal property that may be on

hand at my decease.

2nd I direct that all Real Estate that may be on hand

at my decease be sold by my executor as soon as he

may be able to dispose of the same without loss or

sacrifice and he is hereby authorized to sell and convey

the same as I could myself without any authority

from Court and he may sell said Real Estate in

different lots or parcels at public or private sale on

such terms as he may be able to obtain.


3rd I give and devise to each of my three sons William_

John H & James E. Carter five hundred dollars

each, to be paid out of the first money that may be

received from the sale of my real estate.


4th I give and devise to my daughters Keziah Willey

& Ellen Armstrong one thousand dollars each and to

my daughter Helen Francis five hundred dollars.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 206)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 206)

Description

[page 206]

[corresponds to page 140 of Delaware County Will Records Vol. 8 1887-1890]


140

Hugh Carter's Will

to my daughter Ann M. deceased one thousand dollars,

and to my daughter Allace Carter thirteen hundred

dollars.

5th I will and devise to each of my grand children being

the children of my son John H. Carter and the children

of my daughter Keziah Willey. And the children of

my daughter Elinor Armstrong and to the children

of my son James E. Carter all the said grand

children as heretofore named that may be living at

my decease or when such payments can be made

shall each receive one hundred dollars.


6th I give and devise to Mrs Lucinda Ashbrook if

she should be living at my decease one hundred

dollars.

7th I hereby constitute and appoint my friend John Cun=

=ningham my Executor to settle all my estate

and should he not be able by infirmity or age to

settle the same I constitute and appoint my son

John H. Carter to settle or finish the same and he

is authorized to sell and convey the same as the first

mentioned Executor.

8th It is further my will that any balance that may

be left after paying the foregoing bequests be equally

divided between my children heretofore named


In Testimony whereof I hereby set my hand and

seal this twelfth day of December. A.D. 1885

Hugh Carter. {Seal}

Signed and acknowledged by

the Testator in our presence

and signed by us in his presence

and in the presence of each other.

and at his request. John A. Carter

William L. Crawford.



Deposition of Witness to Will.


The State of Ohio } ss. In the Matter of the last Will and

Seneca County } Testament of Hugh Carter, decd


Personally appeared before me J.C. Royer, Commis=

sioner, William L. Crawford one of the subscribing wit=

=nesses to the last Will and Testament of Hugh Car=

=ter, late of Troy Township in said Delaware County,

deceased, who being by me first duly sworn according

to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 207)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 207)

Description

[page 207]

[corresponds to page 141 of Delaware County Will Records Vol. 8 1887-1890]


141

Hugh Carter's Will

deposes and says: That he was present at the execu=

=tion of the paper before him bearing date the 12" day

of December. A.D. 1885, purporting to be the last

Will and Testament of Hugh Carter now de=

=ceased, whose name is signed at the end thereof and

at the request of said deceased, he subscribed his

name to the same as a witness in his presence;

that he saw the said Hugh Carter sign and seal

said Will, and heard him acknowledge the same

to be his last Will and Testament and that the

said Hugh Carter at the time of making, sign=

=ing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.


W.L. Crawford.


The State of Ohio }

Seneca County, ss } I, J.C. Royer, duly appoint=

=ed and Commissioned by the

Judge of the Probate Court of the County of Del=

=aware and the State of Ohio, to take the testimony

of William L. Crawford, one of the subscribing wit=

nesses to the last Will and Testament of Hugh

Carter, deceased, late a resident of said County

and State, which Commission, and the said Will

are hereto annexed, do hereby certify that in pursu=

=ance of said Commission, I caused the above

named William L. Crawford, one of the subscribing

witnesses as aforesaid to appear before me, at Tiffin

on the 28th day of January. 1888, that he was first

duly sworn by me, according to law, to speak the

truth, the whole truth, and nothing but the truth; that

I examined him in relation to the execution of said

Will, and reduced his testimony to writing as above

set forth in his presence and that he signed the

same in my presence, and I further certify that I

am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise inter=

=ested in the Probate thereof.

In witness whereof I have

hereunto set my hand, this 28th day of January. A.

D. 1888.

J.C. Royer

Commissioner.

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 208)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 208)

Description

[page 208]

[corresponds to page 142 of Delaware County Will Records Vol. 8 1887-1890]


142

Hugh Carter's Will.

Journal Entry.

Feb'y 3rd 1888.


In the Matter of the Will |

of Hugh Carter, deceased. |

The commission heretofore

issued herein to take the testimony of William L.

Crawford, one of the subscribing witnesses to the Will of

of said Hugh Carter, deceased, was this day return=

=ed, duly executed, and the same was filed herein.

And it appearing to the Court from the examination

of the former witness and from the deposition of the said

William L. Crawford, that the aforesaid instrument

of writing is the last Will and Testament of said

Hugh Carter, deceased, That the same was duly

executed and attested; and that the said Testator, at

the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and

that the same. together with the testimony of the wit=

=nesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 209)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 209)

Description

[page 209]

[corresponds to page 143 of Delaware County Will Records Vol. 8 1887-1890]


143

4271 Absalom Spong's Will,

Journal Entry.


Feb. 18" 1888.


In the Matter of the Will of |

Absalom Spong, deceased. |

This day an instrument

of writing, purporting to be the last Will and Testament

of Absalom Spong, late of Liberty Township, in this

County, deceased, was produced in open Court for

Probate; On Consideration Whereof, it is ordered that

the said Will be filed in this Court, and that due

notice thereof, and of the application to admit the same

to probate and record, be given to Mary Spong widow and

Susan J. Taylor heir and next of kin of the Tes=

=tator, resident of the State of Ohio, that said appli=

=cation will be for hearing before this Court on the

21st day of February. A.D. 1888, at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio } ss. In Probate Court

Delaware County }

In the matter of the last Will and

Testament of Absalom Spong, deceased.

To Mary Spong.

widow and Susan J. Taylor.

You are hereby notified

that on the 18" day of February A.D. 1888, an instru=

=ment of writing, purporting to be the last Will and

Testament of Absalom Spong, late of Liberty Town=

=ship, in said County, deceased, was produced in

open Court, and an application to admit the same

to probate was on the same day made in said

Court. Said application will be for hearing before

this Court on the 21" day of February, A.D. 1888,

at 10 o'clock A.M.

N.F. Overturf

{Seal} Probate Judge


Dated at Delaware Ohio, this 18" day of February

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 210)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 210)

Description

[page 210]

[corresponds to page 144 of Delaware County Will Records Vol. 8 1887-1890]


144

Absalom Spong's Will

Return.


The State of Ohio } ss.

Delaware County } George Seum being duly sworn

says that on the 20" day of

February. A.D. 1888, he served the within notice by

delivering a true copy thereof to the within named

Mary Spong widow and Susan J. Taylor.

George Seum.

Subscribed in my presence and sworn to before me

this 21st day of Feb. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County }

Personally appeared in open

Court Sue Brecht and George Seum the sub=

scribing witnesses to the last Will and Testament of

Absalom Spong, late of Liberty Township in said

Delaware County, deceased; who being duly sworn

according to law to speak the truth, the whole

truth, and nothing but the truth, in relation to the

execution of said Will, depose and say: That the

paper before them bearing date the 21" day of April.

A.D. 1884. purporting to be the last Will and Tes=

=tament of Absalom Spong now deceased, is the

Will of said deceased, that they were present

at the execution of said Will, and at the request

of the Testator, respectively subscribed their names

to the same as witnesses, in his presence; that they

saw the said Absalom Spong deceased sign and seal

said Will, and heard him acknowledge the same to

be his last last Will and Testament, and that the

said Absalom Spong at the time of making, sign=

ing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

Mrs. Lue Brecht

George Seum.


Sworn to and subscribed by said witnesses, in open

Court, this 18" day of February. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 211)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 211)

Description

[page 211]

[corresponds to page 145 of Delaware County Will Records Vol. 8 1887-1890]

145

Absalom Spong's Will

Journal Entry

Feb. 21st 1888.


In the Matter of the Will of |

Absalom Spong. deceased. |

Be it remembered, that

heretofore, to-wit: on the 18" day of February. A.D.

1888, an instrument of writing, purporting to be the

last Will and Testament of Absalom Spong late

of Liberty. Township, in this County, deceased, was

produced in open Court for probate, and was then

filed. And, [crossed out: it now being shown to the satisfaction of

[crossed out: the Court, that due notice of the] thereupon came

Sue Brecht and George Seum the subscribing

witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with said

Will, and of the application to admit the same

to probate and record in this Court, has been given to

Mary Spong widow and Susan J Taylor heir and

next of kin of the Testator, resident of the State of

Ohio, pursuant to a former order of this Court.

Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testa=

=ment of said Absalom Spong. deceased. That the

same was duly executed and attested, and that the

said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind

and memory, and not under any restraint. It is

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together

with the testimony of the witnesses above named , as

well as the proceedings had thereon, be entered of rec=

=ord in this Court.

N.F. Overturf

Probate Judge.


Copy of Will.

April the 21st 1884.


In the name of the Benevolent Father of all:

I, Absalom

Spong of Liberty Township Delaware County Ohio,

do make and publish this my last will and testa=

=ment.

I give and devise to my beloved wife in lue of her
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 212)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 212)

Description

[page 212]

[corresponds to page 146 of Delaware County Will Records Vol. 8 1887-1890]


146

Absalom Spong's Will

dower the farm on which we now live containing one

hundred Acres during her natural life and all

stock household goods furniture provisions which

may be therein that has been mine at the time

of my deceased during her natural life as aforesaid

she however selling so much thereof as may be

sufficient to pay my just debts at the death of

my said wife the real estate aforesaid I give

and devise to my daughter Susan Jane Taylor.

and to her children after her death. after paying

for funeral expenses and a Tumeston

I hereby nominate

and appoint George Seum executor of this my last

will and testament

Absalom Spong.

Sue Brecht }

Elizabeth Seum } George Seum. J.P.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 213)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 213)

Description

[page 213]

[corresponds to page 147 of Delaware County Will Records Vol. 8 1887-1890]


147

Benjamin Lea's Will

Journal Entry

February. 24" 1888.


In the Matter of the Will | In the Probate Court of

of Benjamin Lea, deceased| Delaware County. Ohio


This day, an instrument of writing, purporting

to be the last Will and Testament of Benjamin

Lea, late of Oxford Township, in this County, de=

=ceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that

the said Will be filed in this Court. ~

And thereupon came Nancy Lea his widow,

Alexander Lea - Ona L. Whipple - Winnifred I

Whipple and Thirsa Hill, heirs, legatees and next

of kin of the Testator, resident of the State of Ohio

and waived further notice and consented to the probate of said Will:

And thereupon came Wellington Slack

J.T. Livingston the subscribing witnesses to said

Will, who being duly sworn, testified to the due

execution and attestation of said Will. Which

testimony was reduced to writing, by them re=

=spectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instru=

=ment of writing is the last Will and Testament

of said Benjamin Lea, deceased. That the same

was duly executed and attested; and that the said

Testator, at the time of making, signing and seal=

=ing said Will, was of full age, of sound mind and

memory, and not under any restraint. . It is

therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as

well as the proceedings had thereon, be entered of rec=

=ord in this Court.

N.F. Overturf

Probate Judge.


Waiver

We, the undersigned Legatees of the within named

decedent, hereby waive further notice, and consent to

the probate of said Will.

Dated this 24" day of February. A.D. 1888.


Nancy Lea

Alexander Lea Thirsa A. Hill

Ona L. Whipple

Winnifred I. Whipple

Edward Whipple
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 214)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 214)

Description

[page 214]

[corresponds to page 148 of Delaware County Will Records Vol. 8 1887-1890]


148

Benjamin Lea's Will

Probate of Will


The State of Ohio } ss In Probate Court

Delaware County,

Personally appeared in open Court

Wellington Slack and T.J. Livingston the sub=

scribing witnesses to the last Will and Testament of

Benjamin Lea, late of Oxford Township in said Del=

=aware County, deceased; who being duly sworn ac=

=cording to law, to speak the truth, the whole truth,

and nothing but the truth, in relation to the execution

of said Will, depose and say: That the paper before

them bearing date the 24 day of April. A.D. 1885,

purporting to be the last Will and Testament of

Benjamin Lea now deceased, is the Will of said

deceased, that they were present at the execution of

said Will, and at the request of the Testator, re=

=spectively subscribed their names to the same as

witnesses, in his presence; that they saw the said

Benjamin Lea deceased sign and seal said Will,

and heard him acknowledge the same to be his last

Will and Testament, and that the said Benjamin

Lea at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and

not under any restraint.

Wellington Slack

J.T. Livingston

Sworn to and subscribed by said witnesses, in open

Court, this 24" day of February A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Copy of Will.

In the name of the Benevolent Father of all.

I Benjamin Lea of

Oxford Township Delaware County and State of Ohio do make

and publish this my last will and testament.


Item 1st I give and devise to my beloved wife in lieu of her dower

the farm on which we now reside Situated in Oxford

Township Township Delaware County, Ohio containing about

one hundred and eighty (180) acres of land during her natural

life: and all the stock, household goods, furniture provision

and other goods and chattels which may be thereon at

the time of my decease, absolutely and to do as she pleases

with.

Item 2d I give and devise to my son George Lea and his heirs One

Thousand ($1000.00) Dollars to be paid in two years after
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 215)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 215)

Description

[page 215]

[corresponds to page 149 of Delaware County Will Records Vol. 8 1887-1890]


149

Benjamin Lea's Will

my death.

Item 3d I give and devise to my Daughter Thirza Hill and her

heirs Six Hundred ($600.00) Dollars to be paid in two

years after my death.

Item 4th I give and devise to my son Alexander Lea and his heirs

Six Hundred ($600.00) Dollars to be paid in two years after

my death.

Item 5th I give and devise to my Grandson Oney Lester Whip=

=ple Five Hundred ($500.00) Dollars to be paid in three

years after the death of his grandmother Lea.

Item 6th I give and devise to my grand daughter Winifred

Isabelle Whipple Five Hundred ($500.00) Dollars to be paid

in three years after the death of her grand mother Lea and

if either of the said Grand children should die during the

life of their Grand Mother Lea the surviving Grand child to

have both portions.

Item 7th I hereby authorize my said wife Nancy Lea, and my son

Thomas W. Lea to sell if necessary any of the above describ=

=ed Real Estate.

Item 8th I devise and bequeath all the residue of my real estate

after the death of my said wife to my son Thomas W.

Lea and his heirs.

I do hereby nominate and appoint my wife Nancy Lea

Executrix and Thomas W. Lea (my son) Executor of this

my last will and testament hereby authorizing and empower=

=ing them to compromise adjust release and discharge

in such manner as they may deem proper the debts and

claims due me.

I also authorize and empower them if it shall become

necessary in order to pay my debts to sell by private

sale in such manner upon such terms of credit

or otherwise as they may think proper all or any part

of my Real Estate and deeds to purchasers to execute

acknowledge and deliver in fee simple.

I desire that no

appraisement and no sale of my personal property be made

and that the court of Probate direct the omission of the

same in pursuance of the Statutes.

I do hereby revoke all for=

mer wills by me made.

Benjamin Lea


Signed and acknowledged by said Benjamin Lea as his

last will and testament in our presence, and signed by

in his presence.

Wellington Slack

J.T. Livingston

April 24th 1885.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 216)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 216)

Description

[page 216]

[corresponds to page 150 of Delaware County Will Records Vol. 8 1887-1890]


150

Benjamin McMaster's Will

Journal Entry.

February 17" 1888.


In the Matter of the Will } In the Probate Court of

of Benjamin McMaster, decd} Delaware County. Ohio


This day, an instrument of writing, purporting to be the

last Will and Testament of Benjamin McMaster, late

of Oxford Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record,

be given to H. P. McMaster- Wm A. McMaster-

Elosia A. Barton - Benj. McMaster - Lyman P.

McMaster & Theodore McMaster and Mary E. Jones

heirs, legatees and next of kin of the Testator, resident

of the State of Ohio, that said application will be

for hearing before this Court on the 25th day of

February. A.D. 1888, at 830 o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County .ss }

In the matter of the last Will

and Testament of Benjamin McMaster, deceased.

To H.P.

McMaster - Wm A. McMaster - Elosia A Barton

Benj. McMaster - Lyman P. McMaster & Theodore

McMaster & Mary E. Jones.

You are hereby notified

that on the 17" day of February. A.D. 1888 an in=

=strument of writing, purporting to be the last Will

and Testament of Benjamin McMaster late of Oxford

Township, in said County, deceased, was produced in

open Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 25th day of February. A.D. 1888, at 830 oclock

A.M.

N.F. Overturf

{Seal} Probate Judge


Dated at Delaware Ohio, this 17th day of February

A.D. 1888.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 217)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 217)

Description

[page 217]

[corresponds to page 151 of Delaware County Will Records Vol. 8 1887-1890]


151

Benjamin McMaster's Will

Return.

The State of Ohio }

Delaware County,ss } George W. Rosevelt being duly

sworn, says that on the 23d

day of February A.D. 1888, he served the within

notice by delivering a true copy thereof to the with=

=in named Benjamin McMaster - H.P. McMaster -

Wm. A. McMaster - George W. McMaster - Hiram B.

McMaster - Elosia Barton = Lyman McMaster -

Theodore McMaster and Mary E. Jones.


Geo. W. Rosevelt


Subscribed in my presence and sworn to before me,

this 25" day of Feb. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.

The State of Ohio } ss In Probate Court.

Delaware County. }

Personally appeared in open Court

O. Sharp and Chas. A. Olds, the subscribing witnesses

to the last Will and Testament of Benjamin McMaster

late of Oxford Township in said Delaware County, de=

=ceased; who being duly sworn according to law, to

speak the truth, the whole truth, and nothing but the

truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the

28 day of April. A.D. 1887, purporting to be the last

Will and Testament of Benjamin McMaster now de=

=ceased, is the Will of said deceased, that they were

present at the execution of said Will, and at the

request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence;

that they saw the said Benjamin McMaster de=

=ceased sign and seal said Will, and heard him ac=

=knowledge the same to be his last Will and Testa=

ment, and that the said Benjamin McMaster at

the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not

under any restraint.

O. Sharp

Chas. A. Olds

Sworn to and subscribed by said witnesses, in open Court,

this 25" day of February. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 218)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 218)

Description

[page 218]

[corresponds to page 152 of Delaware County Will Records Vol. 8 1887-1890]


152

Benjamin McMaster's Will

Journal Entry.

Feb. 25th 1888.


In the Matter of the Will |

of Benjamin McMaster, decd|

Be it remembered, that

heretofore, to-wit: on the 17" day of February. A.D. 1888,

an instrument of writing purporting to be the last

Will and Testament of Benjamin McMaster, late

of Oxford Township, in this County, deceased, was

produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will,

and of the application to admit the same to probate

and record in this Court, has been given to H.P. Mc

Master - Wm A. McMaster - Elosia A. Barton - Benj

McMaster - Lyman P. McMaster & Theodore Mc

Master and Mary E. Jones - heirs, legatees and

next of kin of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court;

therefore, on this day came O. Sharp and Chas. A.

Olds, the subscribing witnesses to said Will, who

being duly sworn, testified to the due execution and

attestation of said Will. Which testimony was re=

=duced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the

last Will and Testament of said Benjamin

McMaster, deceased. That the same was duly

executed and attested; and that the said Testator,

at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimon=

=y of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge.


Copy of Will.


In the name of the Benevolent Father of all, I, Ben:

=jamin McMaster, do make and publish this my last

Will and testament.


Item 1st It is my desire that all my just debts be paid.


Item 2d I give and bequeath to the children of my deceased

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 219)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 219)

Description

[page 219]

[corresponds to page 153 of Delaware County Will Records Vol. 8 1887-1890]


153

Benjamin McMaster's Will

son Robert G. McMaster the sum of Ten Dollars to be

equally divided between them.


Item 3d I give and bequeath to my sons Horace P. McMaster

and William A. McMaster the sum of Ten Dollars to

each of them.

Item 4th I give and bequeath to my son George W. McMaster and

my daughter Elosia A. Barton wife of Isaac

Barton - and my son Hiram B. McMaster the resi=

=due of all of my estate - to be equally divided between

them share and share alike.

Item 5th I do hereby nominate and appoint George W. Rosevelt

Executor of this my last will and testament, hereby

authorizing and empowering him to compromise, ad=

=just, release and discharge in such manner as he

may deem proper the debts and claims due me.

I also authorize and empower him to sell at private

sale, or in such manner, upon such terms of credit,

or otherwise as he may deem proper to sell all my

real estate, consisting of about Ninety One Acres

of land in Oxford Township. Delaware County. Ohio. about

one and one half miles south of Ashley Ohio and to ex-

ecute acknowledge and deliver in fee simple, deeds to

purchasers, therefor. And the title of said real es=

=tate is hereby by me vested in my said executor

for that purpose: And I further empower my said

executor to collect all debts due me and to sell and

dispose of all my personal estate= and to pay the be=

=quests mentioned in this my last will and testa=

=ment, so soon after my decease as the same can

be properly done.

Item 6th I do hereby revoke all former wills by me made

In testimony hereof, I have hereunto set my

hand and seal this 28" day of April. in the year

One thousand Eight Hundred and Eighty Seven.


Benjamin McMaster {Seal}

Signed and acknowledged by said Benjamin McMaster

as his last will and testament, in our presence and

signed by us in his presence.

O. Sharp

Chas. A. Olds.


Will set aside in Com. Pleas Court. See Journal 12. Page 236.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 220)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 220)

Description

[page 220]

[corresponds to page 154 of Delaware County Will Records Vol. 8 1887-1890]


154

Milton Bartholomew's Will

Journal Entry.

February 15" 1888.


In the Matter of the Will of } In the Probate Court of

Milton Bartholomew's deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of Milton Bartholomew

late of Oxford Township, in this County, deceased, was

produced in open Court for Probate; On Considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record, be

given to Sally Ann Wornstaff - Malvina Bishop -

Emily Shisler - Milton Bartholomew - Nancy Mark-

Sperry Bartholomew - Annis Smith - Sarah Myers

Baxter Bartholomew and Arthur Bartholomew, legatees,

heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for

hearing before this Court on the 25th day of Febru=

=ary A.D. 1888, at 1 o'clock P.M.

N.F. Overturf

Probate Judge

Notice to Heirs.

The State of Ohio } ss. In Probate Court.

Delaware County }

In the Matter of the last Will

and Testament of Milton Bartholomew, deceased.

To Sally Ann

Wornstaff - Malvina Bishop - Emily Shisler - Mil=

=ton Bartholomew Nancy Mark - Sperry Bartholomew -

Annis Smith Sarah Myers - Baster Bartholomew &

Arthur Bartholomew

You are hereby notified that on the 10" day

of February. A.D. 1888, an instrument of writing, pur=

=porting to be the last Will and Testament of Milton

Bartholomew late of Oxford Township, in said County,

deceased, was produced in open Court, and an application

to admit the same to probate was on the same day

made in said Court. Said application will be for

hearing before this Court on the 25th day of February.

A.D. 1888, at 1 o'clock. P.M.

N.F. Overturf

{Seal} Probate Judge

Dated at Delaware Ohio, this 15th day of February

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 221)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 221)

Description

[page 221]

[corresponds to page 155 of Delaware County Will Records Vol. 8 1887-1890]


155

Milton Bartholomew's Will

Return.

The State of Ohio }

Delaware County. ss. } Reuben Batholomew, being

duly sworn, says that on the

16th 18th & 20th days of February A.D. 1888, he served

the within notice by delivering a true copy thereof to the

within named Sally Ann Wornstaff - Malvina

Bishop - Emily Shisler - Milton Bartholomew

Nancy Mark - Sperry Bartholomew - Annis Smith

Sarah Myers- Baxter Bartholomew & Arthur

Bartholomew.

Reuben Bartholomew

Subscribed in my presence and sworn to before me this

25th day of Feb. 1888.

N.F. Overturf

{seal} Probate Judge


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County.ss.}

Personally appeared in open Court

Isaac Barton and J. T. Livingston the subscribing

witnesses to the last Will and Testament of Milton

Bartholomew late of Oxford Township in said Dela=

=ware County, deceased; who being duly sworn according

to law, to speak the truth, the whole truth, and nothing

but the truth in relation to the execution of said Will,

depose and say: That the paper before them bearing date

the 22d day of November A.D. 1877. purporting to be the

last Will and Testament of Milton Bartholomew now

deceased, is the will of said deceased Milton Barthol-

=omew; that they were present at the execution of said

Will, and at the request of the Testator, respectively

subscribed their names to the same as witnesses, in

his presence; that they saw the said Milton Bartholomew

deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament,

and that the said Milton Bartholomew at the time of

making, signing and sealing said Will, was of full age,

of sound mind and memory, and not under any restraint

Isaac Barton

J. T. Livingston

Sworn to and subscribed by said witnesses, in open Court,

this 25th day of February. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 222)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 222)

Description

[page 222]

[corresponds to page 156 of Delaware County Will Records Vol. 8 1887-1890]

156

Milton Bartholomew's Estate

Journal Entry.

February 25" 1888.


In the Matter of the Will of |

Milton Bartholomew, deceased. |

Be it remembered, that hereto=

=fore, to-wit: on the 15th day of February. A.D. 1888, an in=

=strument of writing, purporting to be the last Will and

Testament of Milton Bartholomew, late of Oxford Town=

=ship, in this County, deceased, was produced in open

Court for probate, and was then filed. And it now be=

=ing shown to the satisfaction of the Court, that due no=

=tice of the filing of said Will, and of the application

to admit the same to probate and record in this Court,

has been given to Sally Ann Wornstaff. Malvina Bish=

=op - Emily Shisler - Milton Bartholomew - Nancy Mark-

Sperry Bartholomew - Annis Smith - Sarah Myers -

Baxter Bartholomew and Arthur Bartholomew, heirs,

legatees and next of kin of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court;

therefore, on this day came Isaac Barton and J.T.

Livingston the subscribing witnesses to said Will, who

being duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced to

writing, by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the

aforesaid instrument of writing is the last Will and

Testament of said Milton Bartholomew, deceased.

That the same was duly executed and attested; and that

the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testimony

of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Waiver.


I, the undersigned heir of the within named dece=

=dent, hereby waive further notice, and consent to the

probate of said Will.

Reuben Bartolomew

Dated this 15th day of February. A.D.1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 223)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 223)

Description

[page 223]

[corresponds to page 157 of Delaware County Will Records

Vol. 8 1887-1890]

157

Milton Bartholomew's Will

Copy of Will.


In the name of the Benevolent father of All: I

Milton Bartholomew of Ashley Ohio, do make and

publish this my last Will and Testament.


Item 1st I Bequeath to the heirs of Chester and Sarah Bar=

=tholomew the sum of Twenty five Dollars each.

Item 2d I Bequeath to the heirs of Franklin and Louisa Bar=

=tholomew the sum of Ten Dollars each.

Item 3d I Bequeath to my Daughter Sally Ann Wornstaff

the sum of Two Hundred Dollars.

Item 4th I Bequeath to my Daughter Malvina Bishop the sum

of Two Hundred Dollars.

Item 5th I Bequeath to my Daughter Emily Shisler the

sum of Two Hundred Dollars.

Item 6th I devise and Bequeath to my son Reubin Bartholo=

=mew the House and two Lots Numbers 100 and 101 in

Ashley Ohio and all the Household Goods and furniture

belonging to my estate.

Item 7th I also Bequeath to my son Reubin Bartholomew

all of the personal property belonging to my estate after

my debts are paid if he should survive me.

Item 8th I do hereby nominate and appoint my son Reubin

Bar=

tholomew Executor of this my last will and Testament

hereby authorizing and empowering him to compromise

adjust, release and discharge in such manner as he

may deem proper the debts and claims due me

I desire that no ap=

=praisement and no sale of my personal property be made

and that the court of Probate direct the mission of the

same in pursuance of the Statute.

I do hereby revoke all

former Wills made by me.

In testimony hereof I have hereun=

=to set my hand and seal this 22nd day of November.

A.D 1877

Milton Bartholomew


Signed and acknowledged by said Milton Bartholomew

as his last Will & testament in our presence and signed

by us in his presence.

Isaac Barton

J. T Livingston
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 224)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 224)

Description

[page 224]

[corresponds to page 158 of Delaware County Will Records

Vol. 8 1887-1890]


158

John Behren's Will.

Journal Entry.

February. 28' 1888.


In the Matter of the Will of | In the Probate Court

John Behrens, Deceased. | Delaware County. Ohio


This day, an instrument of writing, purporting to be

the last Will and Testament of John Behrens,

late of Thompson Township, in this County, de=

=ceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the

said Will be filed in this Court. And thereupon

came W.F Court and J.W. Statler the subscribing

witnesses to said Will (Henry Behrens the

only heir legatee and next of kin resident of the State of

Ohio having waived notice and consented to the probate

of said Will) who being duly sworn, testified to the

due execution and attestation of said Will. Which

testimony was reduced to writing, by them respective=

=ly subscribed and filed with said Will, whereupon

the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said

John Behren, deceased. That the same was du=

=ly executed and attested; and that the said Testa=

=tor, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testi=

mony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.


Waiver

I, the undersigned Next of kin of the within

named decedent, hereby waive further notice, and

consent to the probate of said Will.

Dated this 28 day of February, A.D. 1888

Henry Behrens.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 225)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 225)

Description

[page 225]

[corresponds to page 159 of Delaware County Will Records Vol.

8 1887-1890]



159

John Behren's Will

Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County. Personally appeared in open

Court W.F. Court and J.W. Statler the subscrib=

=ing witnesses to the last Will and Testament of

John Behrens late of Thompson Township in said

Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the

whole truth and nothing but the truth, in relation

to the execution of said Will, depose and say:

That the paper before them bearing date the 7th

day of February. A.D. 1888, purporting to be the last

Will and Testament of John Behrens now deceased,

is the Will of said deceased; that they were

present at the execution of said Will, and at the

request of the Testator, respectively subscribed their

names to the same as witnesses, in Ohio presence; that

they saw the said John Behrens deceased, sign

and seal said Will, and heard him acknowledge,

the same to be his last Will and Testament, and

that the said John Behrens at the time of

making, signing and sealing said Will, was of

full age, of sound mind and memory, and not under

any restraint.

W.F. Court

J.W. Statler


Sworn to and subscribed by said witnesses, in

open Court, this 28th day of February. A.D.1888.

N.F. Overturf

{Seal} Probate Judge


Copy of Will.

In the name of the Benevolent Father of all

I John

Behrens of Thompson Township Delaware County

Ohio do make and publish this my last will

and testament.

It is my wish and desire that all of my lawful

or honest debts be paid. first.


I give and devise to my Brother Henry Behrens

the Farm on which I now reside situated

in Thompson Township Delaware County Ohio

consisting of Ninety Five Acres more or less
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 226)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 226)

Description

[page 226]

[corresponds to page 160 of Delaware County Will Records Vol.

8 1887-1890]


160

John Behren's Will.

Bounded on North by lands owned by Levi Knachel

and J.H. Howisin on west by J.H. Howison

on south by G.W. Drum on East by State Road

and all stock household goods furniture provisions

and other goods and chattels which may be there=

=on at the time of my deceased {he however selling

so much thereof as may be sufficient to pay my

just debts } to be his and his heirs forever.


I do hereby revoke all former wills by me made.


In testimony hereof I have hereunto set my

hand and seal this 7th day of February in the

year 1888

Jehrens Behrens {Seal}

Signed and acknowledged by said John Behrens

as his last will and testament in our presence

and signed by us in his presence.

W.F. Court

J.W. Statler.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 227)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 227)

Description

[page 227]

[corresponds to page 161 of Delaware County Will Records Vol. 8 1887-1890]




161

John Kimble's Will

Journal Entry.

February. 21st 1888.


In the Matter of the Will } In the Probate Court of

of John Kimble, decd } Delaware County. Ohio.


This day, and instrument of writing, purporting to

be the last Will and Testament of John Kimble

late of Trenton Township, in this County, de=

ceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that

the said Will be filed in this Court, and that

due notice thereof, and of the application to admit

the same to probate and record, be given to Rachel

Kimble widow and Lydia Kimble - Evelena

Mann and Retha Mann, heirs, legatees and next

of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing

before this Court on the 1st day of March. A.D.

1888, at 11 o'clock. A.M.

N.F. Overturf

Probate Judge


Notice to Heirs.


The State of Ohio } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of John Kimball, deceased.

To Rachel

Kimball - Lydia Kimball - Evelena Mann and

Retha Mann.

You are hereby notified that on the 21"

day of February. A.D. 1888, and instrument of writing

purporting to be the last Will and Testament of John

Kimball, late of Trenton Township, in said County.

deceased, was produced in open Court, and an appli=

=cation to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 1st

day of March. A.D. 1888. at 11 o'clock. A.M.

N.F. Overturf

{Seal} Probate Judge


Dated at Delaware Ohio, this 21" day of February.

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 228)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 228)

Description

[page 228]

[corresponds to page 162 of Delaware County Will Records Vol.

8 1887-1890]


162

John Kimble's Will

Return.

The State of Ohio } ss

Delaware County. } George W. Perfect being duly

sworn, says that on the

22 & 23 day of February. A.D. 1888, he served the

within notice by delivering a true copy thereof to

the within named Rachel Kimble - Lydia Kim=

=ble - Evelena Mann and Retha Mann

G.W. Perfect.

Subscribed in my presence and sworn to before me

this 1st day of March. 1888.

N.F.Overturf

{Seal} Probate Judge

Probate of Will.


The State of Ohio } ss In Probate Court.

Delaware County

Personally appeared in open

Court J.A. Ports & Catherine Overturf the

subscribing witnesses to the last Will and Testa=

=ment of John Kimble, late of Trenton Town=

=whip in said Delaware County, deceased; who

being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth,

in relation to the execution of said Will, depose

and say: That the paper before bearing date

the 19 day of January. A.D. 1888, purporting to

be the last Will and Testament of John Kim=

=ble now deceased, is the Will of said deceased John

Kimble, that they were present at the execution

of said Will, and at the request of the Testator,

respectively subscribed their names to the same

as witnesses, in his presence; that they saw the

said John Kimble deceased sign and seal said

Will, and heard his acknowledge the same to be

his last Will and Testament, and that the said

John Kimble at the time of making, signing and

sealing said Will was of full age, of sound mind

and memory, and not under any restraint.

J.A. Ports

Cathern Overturf.


Sworn to and subscribed by said witnesses, in open

Court, this 1" day of March. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 229)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 229)

Description

[page 229]


[corresponds to page 163 of Delaware County Will Records Vol.

8 1887-1890]

163

John Kimble's Will

Journal Entry .

March 1st 1888.


In the Matter of the Will }

of John Kimble, deceased.} Be it remembered, that

heretofore, to-wit: on the

21st day of February. A.D. 1888, an instrument of

writing, purporting to be the last Will and Testa=

=ment of John Kimble, late of Trenton Town=

=ship in this County, deceased. was produced

in open Court for Probate, and was then filed.

And it now being shown to the satisfaction of

the Court, that due notice of the filing of said

Will, and of the application to admit the same

to probate and record in this Court, has been

given to Rachel Kimble, widow, Lydia Kimble-

Evelena Mann and Bertha Mann, heirs, leg=

=atees and next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of

this Court; therefore on this day came J.A.

Ports and Catherine Overturf, the subscribing

witnesses to said Will, who being duly sworn

testified to the due execution and attestation of

said Will. Which testimony was reduced to

writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said John Kimble, deceased.

That the same was duly executed and attested; and

that the said Testator, at the time of making

signing and sealing said Will, was of full

age, of sound mind and memory, and not under any

restraint. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and

that the same, together with the testimony of the

witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will.


In the name of the benevolent Father of all,

I John Kimble of Delaware County, State

of Ohio, do make and publish this my last will

and testament.

Item 1st I will that all my just debts be paid.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 230)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 230)

Description

[page 230]

[corresponds to page 164 of Delaware County Will Records Vol.

8 1887-1890]


164

John Kimble's Estate.


Item 2 I give and devise to my beloved wife Rachel

Kimble all the Personal property of which I

may die possessed to have and use and dispose of

as seemeth to her best.

Item 3 I also give and devise to my said beloved wife

Rachel Kimble one half of all the real property

of which I may die possessed said real property

to be sold by the Executor and he is hereby re=

=quired to deliver to my said wife Rachel Kim=

ble one half of the proceeds of said sale, which

said Half shall be hers absolutely to use and

dispose of as seemeth to her best.


Item 4 I devise and give to Evelena Mann and Retha Mann

Daughters of Nancy E. Mann, deceased, the same

Evelena and Retha Man being my Grand-daughters)

each one eighth (1/8) of the proceeds of the sale of

said Real Estate.

Item 5 I devise and give to Lydia Kimbl my daughter

one fourth (1/4) of the proceeds of said sale of my

said real estate,

Said division of Estate to be

made after all my debts are paid.

I do hereby nominate and

appoint George W. Perfect Executor of this my

last will and testament hereby authorizing and em=

=powering him to compromise, adjust release and dis=

=charge in such manner as he may deem proper

the debts and claims due me.

I do also authorize and empower him if it shall be=

=come necessary in order to pay my debts to sell

by private sale or in such manner upon such terms

of credit or otherwise as he may think proper all

or any part of my real Estate and deeds to purchasers

to Execute, acknowledge and deliver in fee simple.


In testimony hereof. I have hereunto set my hand

and seal this nineteenth (19) day of January. in the

year. 1888. his

Witness to Mark | J.A. Ports John X Kimble. {Seal}

| C. Overturf

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 231)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 231)

Description

[page 231]

[corresponds to page 165 of Delaware County Will Records Vol.

8 1887-1890]



165

Lewis R. Jones' Will.

Journal Entry.

March 9th 1888.


In the Matter of the Will of } In the Probate Court

Lewis R. Jones, deceased. } Delaware County. Ohio.


This day, an instrument of writing, purporting to

be the last Will and Testament of Lewis R. Jones,

late of Concord Township, in this County, deceased,

was produced in open Court for Probate; On con=

=sideration whereof, it is ordered that the said Will

be filed in this Court. ~~ And thereupon came

Mary A. Seigfried - Lewis P. Jones - Amy A.

Fulton and Price J. Fulton, heirs, legatees and

next of kin of the Testator, resident of the State of

Ohio, and waived further notice and consented to

the probate of said Will. ~~ Thereupon came

J.E. Hughs and Jeremiah Seigfried, the subscrib=

=ing witnesses to said Will, who being duly sworn

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with

said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and

Testament of said Lewis R. Jones, deceased.

That the same was duly executed and attested,

and that the said Testator, at the time of making,

signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said

Will be admitted to probate and that the same

together with the testimony of the witnesses above named

as well as the proceedings had thereon be entered of

record in this Court.

N.F. Overturf

Probate Judge.


Waiver.


We, the undersigned heirs & legatees of the within

named decedent, hereby waive further notice, and

consent to the probate of said Will.


Dated this 9" day of March. A.D. 1888.

Mary A. Seigfried

Lewis P. Jones

Amy A. Fulton

Price J. Fulton by Mary A. Seigfried

with whom he resides
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 232)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 232)

Description

[page 232]

[corresponds to page 166 of Delaware County Will Records Vol.

8 1887-1890]


166

Lewis R. Jones' Estate,

Probate of Will.

The State of Ohio } ss In Probate Court

Delaware County.

Personally appeared in open

Court J.E. Hughs and Jeremiah Seigfried the

subscribing witnesses to the last Will and Testament

of Lewis R. Jones, late of Concord Township, in

said Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the

execution of said Will, depose and say: That the

paper before them bearing date the 19" day of August

A.D. 1884, purporting to be the last Will and Testa=

=ment of Lewis R. Jones now, deceased, is the Will

of said deceased, that they were present at the

execution of said Will and at the request of the

Testator, respectively subscribed their names to the

same as witnesses, in his presence; that they saw

the said Lewis R. Jones deceased, sign and seal said

Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said

Lewis R. Jones, at the time of making, signing and

sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

J.E. Hughs

Jeremiah Seigfried


Sworn to and subscribed by said witnesses, in

open Court, this 9" day of March. A.D.1888.

N.F. Overturf

{Seal} Probate Judge.


Copy of Will.

In the name of God Amen. I Lewis R. Jones

of the County of Delaware and State of Ohio

being of sound and disposing mind and mem=

=ory, and considering the uncertainty of this mor=

=tal, life, and the certainty of death, but the un=

=certainty of the time thereof, and being desirous of

disposing of my worldly effects while I remain,

do make and publish this my last will and testa=

=ment as follows, to-wit:


1st It is my will that all my just and honest

debts and funeral expenses be paid and that I

be buried by the side of my wife Anna H.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 233)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 233)

Description

[page 233]

[corresponds to page 167 of Delaware County Will Records Vol.

8 1887-1890]

167

Lewis R. Jones' Will.

Jones, in Moultrie County, Illinois, and that

a gravestone be placed at my grave, similar

to the one placed at the grave of my aforesaid

wife.

2d I do give and bequeath to my sister Mary A

Sigfried all my interest in my bees, and it

is further my will that my said sister with

(whom I reside) be well and amply paid for

any care and trouble I may be to her while

I live., and further It is my will that all

my property monies and effects which may

remain be equally divided between my lawful

heirs Joseph M. Jones, Sarah A. Fulton,

William G. Jones - Lewis P. Jones - Eliza L.

Smith - Amy Fleming, and Mary J. Green,

The aforementioned Joseph M. Jones being dead,

it is my will and desire that Judson Jones,

and Mandy Jones, children of the aforesaid Jos-

=eph M. Jones, receive his share of the property,

to be equally divided between them. The afore=

=mentioned Sarah Fulton also being dead, it

is my will, and desire, that William Fulton,

Jesse Fulton, Amy Fulton and Price J. Ful=

=ton, children of the aforesaid Sarah Fulton

receive her share of said property, to be equally

divided between them,

I do hereby nominate and

appoint my son Lewis P. Jones, executor of this

my last will and testament, to execute, and carry

into effect the same, hereby authorizing, and em=

=powering him to do the same, and I do hereby

revoke all former wills by me made.

In testimony

whereof I have hereunto set my hand and seal,

this the 19th day of August. A.D. 1884.

Lewis R. Jones. {Seal}


Signed and acknowledged by said Lewis R. Jones

to be his last will and testament in our pres=

=ence and signed by us in his presence.


Witnesses

J.E. Hughs

Jeremiah Seigfried
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 234)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 234)

Description

[page 234]

[corresponds to page 168 of Delaware County Will Records Vol.

8 1887-1890]


168

George Moore's Will

Journal Entry.

March 9" 1888.

In the Matter of the Will of } In the Probate Court of

George Moore, deceased. } Delaware County. Ohio.


This day, an instrument of writing, purporting to be

the last Will and Testament of George Moore,

late of Brown Township, in this County, deceased,

was produced in open Court for Probate; On Consid:

=eration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof,

and of the application to admit the same to probate

and record, be given to Morice E. McMaster - Nellie

McMaster - George Perry - Gerturde Bell and Cla=

=ence Bell, heirs, legatees and next of kin of the

Testator resident of the State of Ohio, that said

application will be for hearing before this Court

on the 13" day of March. A.D. 1888. at 10 o'clock

A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio . } ss In Probate Court.

Delaware County }

In the matter of the last Will

and Testament of George Moore, deceased.

To Morice [Morris] E.

McMaster . Nellie McMaster - George Perry - Ger=

=trude Bell and Clarence Bell.

You are hereby

notified that on the 9th day of March. A.D. 1888., an

instrument of writing, purporting to be the last Will

and Testament of George Moore, late of Brown Town=

=ship, in said County, deceased, was produced in open

Court, and an explanation to admit the same to

probate was on the same day made in said

Court. Said application will be for hearing before

this Court on the 13" day of March. A.D 1888.

at 10 o'clock : A M.

N.F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 9th day of March.

A.D. 1888.


{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 235)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 235)

Description

[page 235]

[corresponds to page 169 of Delaware County Will Records Vol.

8 1887-1890]


169

George Moore's Will

Return.

The State of Ohio }

Delaware County.ss } Martha A. Moore being

duly sworn, says that on

the 9" & 10" days of March. A.D. 1888, she served

the within notice by delivering a true copy thereof

to the within named Marice E. McMaster - Nellie

McMaster - George Perry. Gertrudge Bell and Cla=

=rence Bell.

Martha A. Moore.


Subscribed in my presence and sworn to before me

this 13" day of March 1888.

N.F. Overturf

{Seal} Probate Judge


Waiver

I, the undersigned widow of the within named de=

=cedent, hereby waive further notice, and consent to

the probate of said Will.


Dated this 13" day of March. A.D.1888.

Martha A. Moore.


Probate of Will

The State of Ohio } In Probate Court.

Delaware County }

Personally appeared in open

Court W. Perfect & Dr. F.A. Stickney the subscrib=

=ing witnesses to the last Will and Testament of George

Moore late of Brown Township in said Delaware

County, deceased; who being duly sworn according

to law; to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will

depose and say: That the paper before them bearing

date the 7" day of May. A.D. 1887. purporting to be the

last Will and Testament of George Moore now de=

=ceased, is the Will of said deceased George Moore.

that they were present at the execution of said Will,

and at the request of the Testator, respectively sub=

=scribed their names to the same as witnesses, in

his presence; that they saw the said George Moore

deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testa=

=ment, and that the said George Moore, at the time

of making, signing and sealing said Will, was of



Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 236)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 236)

Description

[page 236]

[corresponds to page 170 of Delaware County Will Records Vol.

8 1887-1890]


170

George Moore's Will

full age, of sound mind and memory, and not un=

=der any restraint.

W. Perfect

Dr. F.A. Stickney.


Sworn to and subscribed by said witnesses, in open

Court, this 13" day of March. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

March 13" 1888.

In the Matter of the Will of }

George Moore, deceased. }

Be it remembered, that

heretofore, to-wit: on the 9" day of March, A.D. 1888,

an instrument of writing purporting to be the last

Will and Testament of George Moore, late of Brown

Township, in this County, deceased, was produced

in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will,

and of the application to admit the same to probate

and record in this Court has been given to Morice E.

McMaster - Nellie McMaster - George Perry - Gertrude

Belle and Clarence Bell, heirs, legatees and next of

kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court; therefore,

on this day came W Perfect and Dr. F. A Stickney

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and at=

=testation of said Will. Which testimony was re=

=duced to writing by them respectively subscribed and

filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the

last Will and Testament of said George Moore,

deceased. That the same was duly executed and

attested; and that the said Testator, at the time

of making, signing and sealing said Will, was of

full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to pro=

=bate, and that the same, together with the testimony

of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 237)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 237)

Description

[page 237]

[corresponds to page 171 of Delaware County Will Records Vol.

8 1887-1890]



171

George Moore's Will

Copy of Will

In the name of the Benevolent Father of

all!


Item first. I give and devise to my beloved wife, M.A. Moore

all of my real and personal property, as long as

she remains my widow, excepting a sufficient

amount of said property which may be necessary

to pay my just debts.


Item second: At the re-marriage of my wife, or at her

death, I give and devise to my grand-children,

then living, all the remainder of my Real and

Personal property, to be divided equally among

them.


Item Third: I do hereby nominate and appoint M.A. Moore

my beloved wife executrix of this my last will

and testament, without bonds.

In testimony whereof

I have hereunto set my hand and seal this 7"

day of May. A.D. 1887.

[Seal] George Moore.


Signed and acknowledged by said George Moore, as

his last will and testament, in our presence, and

signed by us in his presence.

W. Perfect. [Seal]

Dr. F.A. Stickney. [Seal]

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 238)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 238)
Big Walnut High School Yearbook. 1981: Eagle (p. 95)

Description

[page 238]

[corresponds to page 172 of Delaware County Will Records Vol.

8 1887-1890]


172

S. W. Newhouse's Will

Journal Entry.

March. 8" 1888.

In the Matter of the Will } In the Probate Court of

of S.W. Newhouse, deceased } Delaware County. Ohio.


This day, an instrument of writing, purporting to

be the last Will and Testament of S.W. New=

=house, late of Scioto Township, in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the

said Will be filed in this Court, and that due

notice thereof, and of the application to admit the

same to probate and record, be given to William E.

Newhouse; Mary Bishop. - Martha L. Newhouse -

Frank Newhouse - [Byron Stultz - crossed out] - John New=

house and Walter Newhouse, heirs, legatees and

next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing be=

=fore this Court, on the 13" day of March. A.D.

1888, at 2 o'clock P.M.

N.F. Overturf

Probate Judge


Waiver.

We, the undersigned Legatees of the within named

decedent, hereby waive further notice, and consent

to the probate of said Will.


Dated this 8" day of March. A.D. 1888.

B. F. Stults.



The State of Ohio } In Probate Court.

Delaware County, ss }

In the matter of the last Will

and Testament of S.W. Newhouse, deceased.

To William E.

Newhouse - Mary Bishop - Martha L. Newhouse - Frank

Newhouse - Byron Stultz - John Newhouse and

Walter Newhouse.

You are hereby notified that on the 8"

day of March. A.D. 1888. an instrument of writing

purporting to be the last Will and Testament of

S.W. Newhouse, late of Scioto Township, in said

County, deceased, was produced in open Court. and

an application to admit the same to probate was on

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 239)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 239)
Big Walnut High School Yearbook. 1981: Eagle (p. 96)

Description

[page 239]

[corresponds to page 173 of Delaware County Will Records Vol.

8 1887-1890]


173

S. W. Newhouse' Will

the same day made in said Court. Said appli-

=cation will be for hearing before this Court on the

13" day of March.. A.D. 1888, at 2 o'clock. P.M.

N. F. Overturf

Probate Judge

Dated at Delaware Ohio, this 8" day of March.

A.D. 1888.

Return.

The State of Ohio }

Delaware County. ss } Hannah O. Newhouse being

duly sworn, says that on

the 10" day of March. A.D. 1888, she served the with=

=in notice by delivering a true copy thereof to the

within named William E. Newhouse - Mary Bishop-

Martha L. Newhouse - Frank Newhouse - John

L. Newhouse and Walter Newhouse.

Hannah O. Newhouse.

Subscribed in my presence and sworn to before me

this 13" day of March. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County, ss. }

Personally appeared in open

Court Henry Highbargin and Emily Highbargin

the subscribing witnesses to the last Will and Testa=

=ment of S.W. Newhouse, late of Scioto Township in

said Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the ex=

=ecution of said Will, depose and say: That the paper

before them bearing date the 9" day of March. A.D.

1887. purporting to be the last Will and Testament

of S.W. Newhouse now deceased, is the Will of said

deceased S.W. Newhouse, that they were present at

the execution of said Will, and at the request of the

Testator, respectively subscribed their names to the

same as witnesses in his presence; that they saw the

said S.W. Newhouse deceased sign and seal said

Will, and heard him acknowledge the same to be his

last Will and Testament, and that the said S.W. New-

=house at the time of making, signing and sealing

said Will, was of full age, of sound mind and mem-

=ory, and not under any restraint

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 240)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 240)
Big Walnut High School Yearbook. 1981: Eagle (p. 97)

Description

[page 240]

[corresponds to page 174 of Delaware County Will Records Vol.

8 1887-1890]


174

S.W. Newhouse Will

Henry Highbargin

Emily Highbargin

Sworn to and subscribed by said Witnesses, in open

Court, this 13" day of March. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

March. 13" 1888.


In the Matter of the Will of }

S.W. Newhouse, deceased. } Be it remembered, that

heretofore, to-wit: on the

8" day of March. A.D. 1888, an instrument of writing,

purporting to be the last Will and Testament of

S.W. Newhouse, late of Scioto Township, in this

County, deceased, was produced in open Court for

probate, and was then filed. And, it now being shown

to the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit the

same to probate and record in this Court, has been

given to William E. Newhouse - Mary Bishop -

Martha L Newhouse - Frank Newhouse - John

L. Newhouse and Walter Newhouse, heirs, legatees

and next of kin of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court,

therefore, on this day came Henry Highbargin and

Emily Highbargin the subscribing witnesses to

said Will, who being duly sworn, testified to the

due execution and attestation of said Will. Which

testimony was reduced to writing, by them respect=

ively subscribed, and filed with said Will, where=

upon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said

S.W. Newhouse, deceased. That the same was duly

executed and attested; and that the said Testator,

at the time of making, signing and sealing said Will

was of full age, of sound mind and memory, and not

under any restraint. It is therefore, by the Court

ordered, that the said Will be admitted to probate

and that the same, together with the testimony of

the witnesses above named, as well as the proceed=

=ings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 241)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 241)
Big Walnut High School Yearbook. 1981: Eagle (p. 98)

Description

[page 241]

[corresponds to page 175 of Delaware County Will Records Vol.

8 1887-1890]

175

S.W. Newhouse' Will.

Last Will and Testament.


In the Name of the Benevolent Father of All,

Amen: I, S W Newhouse, of the Township of

Scioto, County of Delaware, and State of Ohio, being about

Fifty-five years of age, and being of sound and dis-

=posing mind and memory, Do Make, Publish and De=

=clare this my Last Will and Testament, hereby re=

=voking and making null and void all other last

Wills and Testaments by me made heretofore:


First: My Will is that all my just debts and funeral expen=

=ses shall be paid out of my Estate, as soon after

my decease as shall be found convenient.


Second: I Give, Davis and Bequeath to my wife, Hannah O.

Newhouse, all my real and personal property I may be pos=

=sessed of at my death, after just debts and necessary ex=

=penses are paid, to have and to hold for her necessary sup=

=port so long as she shall remain my widow: provided she

shall not let the real estate unnecessarially deteriorate,

nor grant exclusive financial aid to any one of the heirs

hereinafter named.

Third: I give, devise and bequeath to William E. Newhouse, Mary

Bishop. Martha L. Newhouse - Frank Newhouse - Byron F.

Stultz, John L. Newhouse and Walter Newhouse equal shares

of what shall remain of my real and personal property at the

death of my said wife Hannah O. Newhouse, after all nec

essary expenses are paid.

Fourth: I desire my real estate if possible, shall remain undivid

till after the death of my wife Hannah O, as a greater

financial advantage to the above named heirs.

I hereby revoke all

former wills by me made.

In Testimony Whereof, I have set my

hand to this, my Last Will and Testament at Richwood,

this Ninth day of March, in the year of our Lord, One

Thousand Eight Hundred and Eighty Seven.

S.W. Newhouse {Seal}

The foregoing Instrument was signed by the said S.W.

Newhouse in our presence and by him published and declared

as and for his Last Will and Testament, and at his request, and in

his presence, and in the presence of each other, we hereunto

subscribe our Names as Attesting Witnesses at Rich-

=wood this Ninth day of March A.D. 1887.


Henry Highbargin, resides at Richwood, O.

Emily Highbargin, resides at Richwood. O.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 242)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 242)

Description

[page 242]

[corresponds to page 242 of Delaware County Will Records Vol.

8 1887-1890]


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 243)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 243)
Big Walnut High School Yearbook. 1981: Eagle (p. 100)

Description

[page 243]


[corresponds to page 177 of Delaware County Will Records Vol.

8 1887-1890]




177

John D. William's Will

Said application will be for hearing before this Court

on the 19" day of April A.D. 1888, at 10 o'clock .A.

M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 29" day of March.

A.D.1888.

Return.


The State of Ohio }

Delaware County, ss. } H.M. Moore being duly sworn,

says that on the 1" day of April.

A.D. 1888 he served the within notice by delivering a

true copy thereof to the within named Mary E

Smales - Lucy A. Moore - William O. Williams

Edward C. Williams . Daisy M. Williams.

H.M. Moore

Subscribed in my presence and sworn to before me this

19" day of April. 1888.

N.F. Overturf

{Seal} Probate Judge


Commission

To Take Testimony of Witness to Will.


The State of Ohio } ss.

Delaware County. }

To Charles G. Saffin, Greeting:

Know Ye, That we, in confidence of your prudence and

fidelity, have appointed you, and by these presents do give

you full power and authority to examine and take the

deposition of Gilbert H. Stewart and David R. Wil=

=liams, subscribing witnesses to the last Will and Tes=

=tament of John D. Williams hereto annexed, late of

the County of Delaware, in the State of Ohio, deceased;

and therefore we command you, that at certain days and places

appointed by you, you cause the said Gilbert H. Stewart

and David R. WIlliams to be brought before you, and

then and there to examine them on oath or affirmation

first taken before you, touching the due execution of said

Will,

of the said John D. Williams and that you reduce such

examination

to writing, and return the same. together with this Commission

and the Will of the said John Williams thereto annexed, closed

up under your seal, into our said Probate Court, with

all convenient speed.

In testimony Whereof, I, N.F. Overturf. Judge

of the said Court, have hereunto set my hand and affixed

the Seal of said Court, this 6th day of April.A.D.1888.

{Seal} N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 244)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 244)
Big Walnut High School Yearbook. 1981: Eagle (p. 101)

Description

[page 244]

[corresponds to page 178 of Delaware County Will Records Vol.

8 1887-1890]

178

John D. Williams' Will

Copy of Will.


In the Name of the Benevolent Father of All I

John D. Williams of Radnor Township. Delaware

County, State of Ohio, of full age and of a sound

and disposing mind and memory do make and publish

this my last Will and Testament.


Item I.

It is my will that all my just debts and funeral

expenses be paid out of my estate as soon after

my death as it is conventient for my Executrix to

do so.


Item II.

All the rest residue and remainder of my proper=

=ty real personal and mixed and wherever situated

I give devise and bequeath to my beloved wife Mar=

=garet Williams to have use and enjoy for and dur=

=ing the period of her natural life.


Item III.

It is my will that at the death of my said wife

Margaret all of my said property real personal and

mixed then remaining and wherever situated shall be

divided equally among my children.


Item IV

I do hereby nominate and appoint my beloved wife

Margaret Williams, Executrix of this my last

Will and Testament with full power to collect com=

=promise and pay off all debts and claims due from

or to me.

Item V.

It is my will that no appraisement or inventory

of my personal or real property shall be made and

I hereby direct the Probate Judge to dispense with

the same as provided by statute.


Item VI

It is my will that my said Executrix shall not

give bond as such Executrix and that she shall

not be required to make any return or report to the

Probate Court of any of her acts as such Executrix


Item VII

I hereby revoke all former wills and codicils by

me made.

In testimony whereof I have hereunto set

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 245)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 245)

Description

[page 245]

[corresponds to page 179 of Delaware County Will Records Vol.

8 1887-1890]




179

John D. William's Will

my hand and seal this 27th day of March. A.D. 1876.

John D. Williams {Seal}


Signed sealed and published by the said John D.

Williams as his last Will and Testament in our

presence and signed by us as witnesses at his request

and in his presence this 27th day of March. A.D.

1876.

Gilbert H. Stewart.

David R. Williams

John J. Davis.



Deposition of Witness to Will


The State of Ohio } In the Matter of the last Will and

Franklin County, ss. } Testament of John D. Williams.


Personally appeared before me Charles G. Saffin,

Commissioner - Gilbert H Stewart and David R.

Williams, subscribing witnesses to the last Will and Tes=

=tament of John D. Williams, late of Radnor Township.

in said Delaware County, deceased, who being by me

first duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, in relation

to the execution of said Will, deposes and says: That

they Present at the execution of the paper before

them bearing date the 27 day of March. A.D. 1876

purporting to be the last Will and Testament of John D.

Williams now deceased, whose name is signed at the

end thereof, and at the request of said deceased, subscribed

their names to the same as witness, in his presence;

that they saw the said John D. Williams sign and

seal said Will and heard him acknowledge the same

to be his last Will and Testament and that the said

John D. Williams at the time of making, signing and

sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

Gilbert H. Stewart

David R. Williams

The State of Ohio }

Franklin County, Ss. } I, Charles G Saffin, duly

appointed and commissioned by

the Judge of the Probate Court of the County of Dela=

=ware and the State of Ohio, to take the testimony of

Gilbert H. Stewart and David R. Williams

subscribing witnesses to the last Will and Testament of

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 246)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 246)

Description

[page 246]

[corresponds to page 180 of Delaware County Will Records Vol.

8 1887-1890]


180

John D. William's Will

John D Williams, deceased, late a resident of said

County and State, which Commission, and the

said Will are hereto annexed, do hereby certify that

in pursuance of said Commission I caused, the above

named Gilbert H. Stewart and David R. Williams

subscribing witnesses as aforesaid to appear before me,

at my office on the 13th day of April. 1888, that they

were first duly sworn by me, according to law, to speak

the truth, the whole truth, and nothing but the truth;

that I examined them in relation to the execution of

said Will, and reduced their testimony to writing as

above set forth in their presence and that they signed

the same in my presence, and I further certify that

I am not Counsel, Attorney, or Relative of any of

the parties named in said Will, or otherwise interested

in the Probate thereof.

In witness whereof, I have hereunto set

my hand, this 13" day of April. A.D. 1888.

Charles G. Saffin

Commissioner.


Journal Entry.

April. 19" 1888.

In the Matter of the Will |

of John D. Williams, deceased. | Be it Remembered, that

heretofore, to-wit: on the

29th

day of March. A D. 1888 , an instrument of writing

purporting to be the last Will and Testament of John

D. Williams, late of Radnor Township, in this

County, deceased, was produced in open Court for pro=

=bate, and was then filed. And, it now being shown

to the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit the

same to probate and record in this Court, has been giv=

=en to Mary E. Smales - Lucy A. Moore - William

O. Williams - Edward C Williams and Daisy M.

Williams, heirs, legatees and next of kin of the Testator

resident of the State of Ohio, pursuant to a former

order of this Court; ~ And it having been made to

appear to the Court that Gilbert H. Stewart and

David R. Williams, the subscribing witnesses to

said Will, were residents of Franklin County. Ohio,

and were without the jurisdiction of this Court, and

it was therefore on the 6th day of April. A.D. 1888,

ordered that a Commission, with the Will annexed,

issue to Charles G. Saffin. Probate Judge of

Franklin County. Ohio, directing him to take the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 247)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 247)

Description

[page 247]

[corresponds to page 181 of Delaware County Will Records Vol.

8 1887-1890]
181

depositions of said subscribing witnesses, and return

the same, duly certified, with all convenient speed to

this Court, which was accordingly done, and on

the 15" day of April. A.D.1888, the same was

returned duly executed and filed herein.

And it now appearing to the Court from the

depositions of the said Gilbert H. Stewart and Dav=

=id R. Williams, that the aforesaid instrument of

writing is the last Will and Testament of said John

D. Williams, deceased. That the same was duly

executed and attested; and that the said Testator,

at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory,

and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimon=

=y of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 248)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 248)

Description

[corresponds to page 182 of Delaware County Will Records

Vol. 8 1887-1890]


182

Thomas Evans Jr. Will

Journal Entry.

April 19" 1888.

In the Matter of the Will of |

Thomas Evans Jr. deceased. | This day, an instrument

of writing, purporting to be

the last Will and Testament of Thomas Evans, Jr.

late of Delaware City, in this County, deceased was

produced in open Court for Probate; On considera=

=tion Whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the

application to admit the same to probate and record,

be given to Isabella Evans, widow, Wesley Z. Evans -

A.N. Evans - Jessie L. Evans - Mary B. Evans -

Phoebe M. Evans and Teresa B. Evans heirs and

next of kin of the Testator resident of the State of

Ohio, that said application will be for hearing be=

=fore this Court on the 26th day of April. A.D.

1888, at 9 o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio } In Probate Court

Delaware County. ss. }

In the matter of the last Will

and Testament of Thomas Evans, Jr. deceased.

To Isabella

Evans - W. Z. Evans - A. N. Evans - Jessie L.

Evans, Mary B. Evans - Phoebe M. Evans and

Theressa B. Evans.

You are hereby notified that on the

19" day of April. A.D. 1888, an instrument of writing,

purporting to be the last Will and Testament of Thomas

Evans, Jr. late of Delaware Township, in said

County, deceased, was produced in open Court, and an

application to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 26th

day of April. A.D. 1888, at 9 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 19" day of April.

A.D 1888
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 249)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 249)

Description

[page 249]

[corresponds to page 183 of Delaware County Will Records

Vol. 8 1887-1890]


183

Thomas Evans Jr. Will

We the undersigned persons within named hereby

acknowledge service of the within notice this 26th

day of April. A.D. 1888.

A.N. Evans

W.Z. Evans

Jessie L. Evans

Phoebe M. Evans

Mary B. Evans

Julia J. Evans, mother of

Teresa B. Evans.


I, the undersigned, widow of the within named

decedent, hereby waive further notice, and consent

to the probate of said Will.

Isabelle Evans.

Dated this 26" day of April. A.D. 1888.


Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss}

Personally appeared in open

Court, Aaron Evans and Henry J. Eaton, the sub=

=scribing witnesses to the last Will and Testament

of Thomas Evans Jr. late of Delaware Township

in said Delaware County, deceased, who being duly

sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the

execution of said Will, depose and say: That the

paper before them bearing date the 6th day of April

A.D 1888. purporting to be the last Will and

Testament of Thomas Evans, Jr, that

they were present at the execution of said Will

and at the request of the Testator, respectively sub=

=scribed their names to the same as witnesses, in

his presence; that they saw the said Thomas Ev=

=ans Jr. deceased sign and seal said Will, and heard

him acknowledge the same to be his last Will and

Testament, and that the said Thomas Evans, Jr.

at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory,

and not under any restraint.

Aaron Evans

Henry J. Eaton.

Sworn to and subscribed by said witnesses, in open Court,

this 26th day of April A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 250)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 250)

Description

[page 250]

[corresponds to page 184 of Delaware County Will Records

Vol. 8 1887-1890]

184

Thomas Evans Jr. Will

Journal Entry.

April 26" 1888


In the Matter of the Will |

of Thomas Evans, Jr. deceased. |

Be it remembered, that

heretofore, to-wit: on the 19" day of April. A.D. 1888,

an instrument of writing, purporting to be the last

Will and Testament of Thomas Evans, Jr. late

of Delaware City, in this County, deceased, was

produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will,

and of the application to admit the same to probate

and record in this Court, has been given to Isabella

Evans his widow, and to Wesley Z. Evans_ Aaron

N Evans_ Jessie L. Evans_ Mary B. Evans_

Phebe M. Evans & Teresa B. Evans, next of

kin of the Testator, resident of the State of Ohio,

also to Julia J. Evans mother of said Teresa B.

Evans, she being only in the 3rd year of her age and

residing with her mother & having no Guardian and

all pursuant to a former order of this Court.

Therefore, on this day came Aaron Evans, and Henry

J. Eaton the subscribing witnesses to said Will,

who being duly sworn, testified to the due execu=

=tion and attestation of said Will. Which testimony

was reduced to writing, by them respectively sub=

=scribed, and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writ=

=ing is the last Will and Testament of said Thomas

Evans Jr. deceased. That the same was duly

executed and attested; and that the said Testator,

at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate,

and that the same together with the testimony of

the witnesses above named, as well as the proceed=

=ings had thereon, be entered of record in this Court.


N.F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 251)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 251)

Description

[page 251]

[corresponds to page 185 of Delaware County Will Records

Vol. 8 1887-1890]



185

Thomas Evans, Jr. Will

Copy of Will.

The Last Will and Testament

of

Thomas Evans, Jr. ~

Of the city of Delaware. Ohio.

In the name

of the Benevolent Father of All:

I, the said Thomas

Evans Jr.~, being of sound and disposing mind and

memory, considering the uncertainty of continuance

in life, and desiring to make such disposition of my

worldly estate as I deem best, do make, publish and

declare, this to be my last will and testament; hereby

revoking and annulling any and all former will or

wills whatsoever by me made/

Item First I desire all my just debts and funeral expenses to

be paid, as soon as possible after my decease


Item Second I give and bequeath to my beloved wife Isabella

Evans, all the property & estate, real, personal or mixed,

of which at my decease I may be the owner or have

any interest in, & in whatsoever form, the same may

then be in, money, notes, accounts, household goods,

blocks houses & lots or in any other form whatsoever I

give all to her to be hers absolutely, the real estate in

full fee-simple, with the same power to sell & convey

& control & manage all said estate, that I have whilst

living.

I nominate and appoint my said wife Isabella

Evans to be the Executrix of this Will & request

that she be not required to give any bond, or to have

made any inventory or appraisement of my estate.

In Witness Whereof, I have hereunto

set my hand and seal this sixth day of April in the

year eighteen hundred and eighty eight

Thomas Evans Jr. {Seal}


Signed, sealed, and acknowledge, by said Thomas Evans,

Jr as his last will and testament, in our presence,

and subscribed and attested by us, as witnesses, in his

presence, and at his his request, & in the prescence of

each other.

Aaron Evans.

Henry J. Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 252)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 252)

Description

[page 252]

[corresponds to page 186 of Delaware County Will Records

Vol. 8 1887-1890]

186

Russel B. Moses' Will.

Journal Entry.


May 5th 1888.


In the Matter of the Will of |

Russel B. Moses,deceased. | This day, an instrument of

writing, purporting to be the

last Will and Testament of Russel B. Moses, late of

Liberty Township, in this County, deceased, was pro=

=duced in open Court for Probate; On Consideration

Whereof, it is ordered that the said Will be filed

in this Court.

And Helen E. Moses, the only heir and legatee of said

Testator appears in open Court, and in writing,

waives further notice, and consents to the probate of said

Will, and thereupon, came Lyman Gardner and

George Hall the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution

and attestation of said Will. Which testimony was

reduced to writing, by them respectively subscribed, and

filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said Russel B. Moses, de=

=ceased. That the same was duly executed and attested

and that the said Testator, at the time of making,

signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.

Waiver.


I, the undersigned heir & next of kin of the within nam=

=ed decedent, hereby waive further notice, and consent to

the probate of said Will.

Helen E. Moses.

Dated this 5 day of May. A.D 1888.


Probate of Will.


The State of Ohio | In Probate Court.

Delaware County.ss |

Personally appeared in open Court

Lyman Gardner and George Hall, the subscribing witnesses

to the last Will and Testament of Russel B. Moses, late

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 253)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 253)

Description

[page 253]

[corresponds to page 187 of Delaware County Will Records Vol. 8 1887-1890]



187

Russel B. Moses' Will.

of Liberty Township in said Delaware County, deceased,

who being duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, in relation

to the execution of said Will, depose and say: That the

paper before them bearing date the 24" day of June. A.

D. 1880. purporting to be the last Will and Testament

of Russel B. Moses, now deceased, is the Will of said

deceased, Russel B. Moses, that they were present at

the execution of said Will, and at the request of the

Testator, respectively subscribed their names to the

same as witnesses, in his presence; that they saw the

said Russel B. Moses deceased sign and seal said

Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said Rus=

=sel B. Moses at the time of making, signing and seal=

=ing said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint.

Lyman Gardner

George Hall.

Sworn to and subscribed by said witnesses, in open Court,

this 5th day of May. A.D 1888.

N.F.Overturf

{Seal} Probate Judge.


Copy of Will.


In the name of the Benevolent Father of all I Russel

B. Moses of Delaware County Ohio do make and publish

this my last will and testament.


Item 1st I give and bequeath to my beloved Daughter Helen

E. Moses

all of my real estate to wit the home form on which I now

reside in Liberty Township, Delaware County. containing

one hundred and sixteen acres and known as the Salmon

Moses farm and one hundred and thirty eight and one half

acres in Perry Township Franklin Co. Ohio, excepting

ten acres and a fraction heretofore deeded to the Columbus

and Toledo Rail Road Company als. I give and bequeath

to my said Daughter all of my personal property that I

may be possessed of at my decease after paying whatever

debts

and expenses that may accrue.

Item 2nd I nominate and appoint my Daughter Helen E. Moses

Executrix of this my last will and testament and request that

she be not required to give bonds.

Witness my hand this 24th June 1880| Russel B. Moses {Seal}

Signed and sealed by said Russel B. Moses as his last

Will and Testament in our presence and signed by us in his

presence.

Lyman Gardner

George Hall
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 254)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 254)

Description

[page 254]

[corresponds to page 188 of Delaware County Will Records

Vol. 8 1887-1890]




188

John Wilson's Will.

Journal Entry.

April 30th 1888

In the Matter of the Will of |

John Wilson, deceased, |

This day, an instrument of

writing, purporting to be the last Will and Testament of

John Wilson, late of Liberty Township, in this County,

deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the said Will

be filed in this Court. and that due notice thereof, and

of the application to admit the same to probate and record,

be given to Mary Wilson, his widow, and Mary F. Harter

Sarah G. Jones, John B. Wilson and Melissa Phil=

=lians, heirs and next of kin of the Testator, resident of

the State of Ohio, that said application will be for

hearing before this Court on the 14th day of May.

A.D. 1888. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.

Waiver.


I, the undersigned, next of kin of the within named dece=

=dent, hereby waive further notice, and consent to the pro=

=bate of said Will.

Dated this 30" day of April. A.D. 1888.

John B. Wilso

Per J. Hipple.

Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County,ss.}

In the Matter of the last Will and

Testament if John Wilson. decd

To Mary Wilson, widow, Mary

F. Harter - Sarah G. Jones and Melissa Phillians.

You are hereby

notified that on the 30th day of April. A.D. 1888, an in=

=strument of writing, purporting to be the last Will and

Testament of John Wilson, late of Liberty Township in

said County, deceased, was produced in open Court and

an application to admit the same to probate was on the

same day made in said Court. Said application

will be for hearing before this Court on the 14" day of

May. A.D. 1888, at 10 o'clock. A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 30th day of April. A.D. 1888

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 255)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 255)

Description

[page 255]

[corresponds to page 189 of Delaware County Will Records

Vol. 8 1887-1890]




189

John Wilson's Will

Return

The State of Ohio |

Delaware County.ss. |

John B. Wilson, being duly sworn,

says, that on the 2d day of May

A.D. 1888, he served the within notice by delivering a

true copy thereof to the within named Mary Wilson

widow of John Wilson, deceased. May 2 1888, & to

Mary F. Harter May 3 1888 & to Sarah G Jones May

5. 1888 & to Melisser Phillians. May 7" 1888.

J.B. Wilson.

Subscribed in my presence and sworn to before me this

9" day of May. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.


The State of Ohio } In Probate Court

Delaware County.ss. }

Personally appeared in open Court

Adam Newhouse and Samuel Newhouse the subscrib=

=ing witnesses to the last Will and Testament of John

Wilson, late of Liberty Township in said Delaware Coun=

=ty, deceased; who, being duly sworn according to law,

to speak the truth, the whole truth, and nothing but

the truth, in relation to the execution of said Will,

depose and say: That the paper before them bearing

date the 24 day of April .A.D. 1888, purporting to be

the last Will and Testament of John Wilson, now

deceased, is the Will of said deceased John Wilson,

that they were present at the execution of said Will

and at the request of the Testator, respectively sub=

scribed their names to the same as witnesses, in his

presence; that they saw the said John Wilson,

deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and Tes=

=tament, and that the said John Wilson at the

time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under

any restraint.

Adam Newhouse

Samuel Newhouse.

Sworn to and subscribed by said witnesses, in open

Court, this 14" day of May. A.D. 1888.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 256)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 256)

Description

[page 256]

[corresponds to page 190 of Delaware County Will Records

Vol. 8 1887-1890]


190

John Wilson's Will

Journal Entry.


May 14" 1888.

In the Matter of the Will |

of John Wilson, decd. | Be it remembered that here:

tofore, to-wit: on the 30th day of

April: A.D. an instrument of writing, purporting to

be the last Will and Testament of John Wilson, late

of Liberty Township, in this County, deceased, was produc=

=ed in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the court

that due notice of the filing of said Will, and of the

application to admit the same to probate and record in

this Court, has been given to Mary Wilson, widow -

Mary F. Harter - Sarah G. Jones and Melissa Phil=

=lians (John B. Wilson having waived Notice and consent=

=ed to probate of said Will) heirs and next of kin

of the Testator, resident of the State of Ohio, pursuant

to a former order of this Court; therefore, on this day

came Adam Newhouse and Samuel Newhouse,

the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testa=

=ment of said John Wilson, deceased. That the

same was duly executed and attested; and that the said

Testator, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory,

and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to pro=

=bate, and that the same, together with the testimony

of the witnesses above named, as well as the proceed+

=ings had thereon, be entered of record in this Court

N.F. Overturf

Probate Judge


Copy of Will.

In the name of the Benevolent Father of All; I

John Wilson of Liberty Township Delaware County Ohio

do make and publish this my last Will and Testament.


Item 1st It is my will that all my just debts and funeral

expenses be paid and for that purpose my Executrix

hereinafter named is authorized to sell or dispose of any

property that may be necessary for that purpose.


Item 2nd I give and devise to my beloved wife Mary Wilson

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 257)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 257)

Description

[page 257]

[corresponds to page 191 of Delaware County Will Records

Vol. 8 1887-1890]



191

John Wilson's Will.

in lieu of her dower and in lieu of her years support

under the law All my real estate lands and tenements

with the privileges and appurtenances thereunto belong=

=ing And all my personal property, money, goods &

Chattels of every kind and description whatsoever to

have and to hold during her natural life.

She however having the right and she is hereby author=

=ized and empowered to sell and dispose of any part or the

whole of said property at public or private sale as she

may think best and use the proceeds for her support or

as she wishes or deems best.

Item 3. At the decease of my said wife I give, devise and

bequeath the remainder of said Real Estate and

personal property if any remains to my son John B.

Wilson and my daughter Mrs. Sarah G. Jones & their

heirs forever Share & share alike.

I do hereby nominate and appoint my

beloved wife Mary Wilson Executrix of this my Last

Will and Testament hereby Authorizing and empower=

=ing her to compromise, adjust, release and discharge in

such manner as she may deem best the debts and claims

due me And I do also Authorize and empower her

if it becomes necessary to pay my debts or for the sup=

=port of my said wife or for any purpose for which she

may wish or desire sell & dispose of as aforesaid any

of said property. I desire that no sale or appraise=

=ment of my property be made except in the manner

& for the purposes aforesaid and that the Court of Probate

direct the mission of the same in pursuance of the

Statute.

I do hereby revoke all former wills by me made,

In testimony Whereof I have hereunto set my

hand and seal this 24' day of April. A.D. 1888.

John Wilson {Seal}


Signed and acknowledged

by said John Wilson

as his Last Will and

Testament in our presence

and signed: by us in his

presence.

Adam Newhouse

Samuel Newhouse

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 258)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 258)

Description

[page 258]

[corresponds to page 192 of Delaware County Will Records

Vol. 8 1887-1890]

192

M. Aletha Stabler's Will

Journal Entry.

May. 3 1888.

In the Matter of the Will of |

M. Aletha Stabler, decd. |

This day, an instrument of

writing, purporting to be the last Will and Testament of

M. Aletha Stabler, late of Delaware Township, in this

County, deceased, was produced in open Court for Pro=

=bate; On Consideration Whereof, it is ordered that

the said Will be filed in this Court, and that due

notice thereof, and of the application to admit the same

to probate and record, be given to Alvin K. Stabler, her

widower, and Hamilton L. Bereau - Mrs. M. F. Wil

=liamson and Mrs. R. A. Stabler, legatees of the Tes=

=tatrix, resident of the State of Ohio, that said appli=

=cation will be for hearing before this Court on the 11th

day of May. A.D. 1888 at 2 o'clock P.M., to which

time this matter is continued.

N.F. Overturf.

Probate Judge.

Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County.ss }

In the matter of the last Will and

Testament of M. Aletha Stabler, decd.

To Alvin K. Stabler -

Hamilton L. Bereau - Mrs. M.F. Williamson & Mrs. R.

A. Stabler

You are hereby notified that on the 3rd day of May

A D 1888, an instrument of writing, purporting to

be the last Will and Testament of M. Aletha Stabler

late of Delaware Township, in said County, deceased,

was produced in open Court, and an application to ad=

=mit the same to probate was on the same day made

in said Court. Said application will be for hearing

before this Court on the 11th day of May. A.D. 1888,

at 2 o clock P.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 3rd day of May. A.D. 1888.


Journal Entry.

May 11" 1888.

In the Matter of the Will |

of M. Aletha Stabler, decd. |

It appearing to the Court,

that B.F. Freshwater is not able to make proof that
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 259)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 259)

Description

[page 259]

[corresponds to page 193 of Delaware County Will Records

Vol. 8 1887-1890]

193

M. Aletha Stabler's Will

all of the legatees have had proper service the hear=

=ing of this cause is continued until the 16th day of

May. A.D. 1888.

N.F. Overturf

Probate Judge.


Affidavit of Service.


The State of Ohio }

Delaware County,ss. } B. F. Freshwater, being duly sworn,

says that on the 5", 7" & 12" days of

May. A.D. 1888, he served the within noticed by de=

=livering a true copy thereof to the within named

Alvin K. Stabler - Hamilton L. Bereau - Mrs. M.F.

Williamson & Mrs. R.A. Stabler.

B.F. Freshwater.

Subscribed in my presence and sworn to before me

this 16th day of May 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will,


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court

B.F. Freshwater and Grace N. White the subscribing witnesses

to the last Will and Testament of M. Aletha Stabler, late of

Delaware Township, in said Delaware County, deceased; who

being duly sworn according to law, to speak the truth, the

whole truth, and nothing but the truth, in relation to the ex=

=ecution of said Will, depose and say: That the paper before

them bearing date the 21" day of April. A.D. 1888, purporting

to be the last Will and Testament of M. Aletha Stabler,

now deceased, is the Will of said deceased, M. Aletha Stab=

=ler, that they were present at the execution of said Will,

and at the request of the Testatrix, respectively subscribed

their names to the same as witnesses, in his presence;

that they saw the said M. Aletha Stabler, deceased,

sign and seal said Will, and heard her acknowledge the

same to be her last Will and Testament, and that the said

M. Aletha Stabler at the time of making, signing and seal=

=ing said Will, was of sound mind and memory, and not

under any restraint.

B.F. Freshwater

Horace N. White.

Sworn to and subscribed by said witnesses in open Court

this 16th day of May. A.D. 1888.

{Seal} N.F. Overturf. Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 260)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 260)

Description

[page 260]

[corresponds to page 194 of Delaware County Will Records

Vol. 8 1887-1890]

194


M. Aletha Stabler's Will

Journal Entry.

May 16th 1888.


In the Matter of the Will of|

M. Aletha Stabler, decd | This cause coming on for hear=

ing, and it now being shown

to the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit the

same to probate and record in this Court, has been

given to Alvin K. Stabler her widower, and Hamil=

=ton L. Bereau. Mrs. M.F. Williamson and Mrs. R.A. Stabler

legatees of the Testatrix, resident of the State of Ohio,

pursuant to a former order of this Court; therefore on this

day came B.F. Freshwater and Horace N. White

the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attesta=

=tion of said Will. Which testimony was reduced

to writing, by them respectively subscribed, and

filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will

and Testament of said M. Aletha Stabler, deceased.

That the same was duly executed and attested; and

that the said Testatrix, at the time of making, sign=

ing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said

Will be admitted to probate, and that the same, to=

=gether with the testimony of the witnesses above

named, as well as the proceedings had thereon, be,

entered of record in this Court.

N.F. Overturf

Probate Judge

Copy of Will.


The Last Will and Testament of

M. Aletha Stabler, of Delaware County, Ohio


In the Name of the Benevolent Father of All, I, the

said M. Aletha Stabler, being of sound and disposing mind

and memory, considering the uncertainty of continuance

in life, and desiring to make such disposition of my

worldly estate as I deem best, do make, publish and

declare, this to be my last Will and Testament; hereby

revoking and annulling any and all former will and wills

whatsoever by me made.


First I desire all my just debts and funeral expenses to be

paid, as soon as possible after my decease.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 261)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 261)

Description

[page 261]

[corresponds to page 195 of Delaware County Will Records

Vol. 8 1887-1890]



195

M. Aletha Stabler's Will

Second: I give and bequeath to my dear husband Alvin K. Stabler,

All my Real Estate situate, lying and being in Warren

County, Ohio, Said Real Estate being the Undivided

One Third (1/3) part of the Homestead of which my Father

Abram Bereau died seized, my interest therein, in said

Real Estate, never having been set off or assigned to

me, and I desire my Executor hereinafter named to

sell and dispose of this my Real Estate and to pay over

the money received from said sale of said Real Estate

to my husband Alvin K. Stabler.


Item Third: I give and bequeath to my dear Brother Hamilton L.

Bereau my Silver Goblets, Silver pitcher and silver

syrup can.

Item Fourth: I give and bequeath to my dear sister Mrs. M.F. Wil=

=liamson my seed Pearl Earrings

Item Fifth: I give and bequest to my dear Mother-in-Law

Mrs. R.

A. Stabler, my walnut Bed-stead-Walnut dressing

case and divan.

Item Sixth: I give and bequeath to my dear husband Alvin K.

Stabler, all money which I may have in my possession

at the time of my decease, and also my Piano beds and

bedding, Chairs, Carpets, and furniture, and all of my pers=

=onal property not heretofore disposed of in this Will, of all

kinds and descriptions, which I may be possessed of at the

time of my decease.

Item Seventh There is due me from my brother Hamilton L.

Bereau

about Three Hundred $300.00, Dollars, which I desire my

Executor shall collect and out of said sum of $300.00 I

desire said Executor to pay all the expenses of my funer=

=al, & all debts that may be contracted in the

administration

of this my last Will and Testament, Should there be any

of this money aforesaid left after paying said expenses and

debts, Then it is my will, and desire that the said Executor

shall pay the residue of said money to my husband Alvin

K. Stabler.

I nominate and appoint Levi Gorsuch of Butler Coun=

ty Ohio, to be the executor of this Will

In Witness Whereof, I

have hereunto set my hand and seal this Twenty First

day of April, in the year Eighteen Hundred and Eighty

Eight.

M. Aletha Stabler {Seal}


Signed, sealed, and acknowledged, by M. Aletha Stabler, as and for

her last Will and Testament, in our presence, and subscribed and

attested by us, as witnesses, in her presence, and at her request.

B.F. Freshwater

Horace N. White.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 262)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 262)

Description

[page 262]

[corresponds to page 196 of Delaware County Will Records

Vol. 8 1887-1890]


196

Lydia E. Young's Will

Journal Entry,

June 9th 1888.

In the Matter of the Will |

of Lydia E. Young, deceased, |

This day, an instrument

of writing, purporting to be the last Will and Testament

of Lydia E. Young, late of Delaware City, in this

County, deceased, was produced in open Court for Pro=

=bate; On Consideration Whereof, it is ordered that

the said Will be filed in this Court, and that due

notice thereof, and of the application to admit the admit

the same to probate and record, be given to Lizzie E.

Young, John L. Young, Robert W. Young and Guy

Earl Young heirs and next of kin of the Testa=

=trix, resident of the State of Ohio, that said appli=

=cation will be for hearing before this Court on the 12th

day of June. A.D. 1888, at 2 o'clock P.M. (George W.

Young, Jr. widower of said Testatrix, having waived

notice).

N. F. Overturf

Probate Judge,


Waiver.

I, the undersigned, widower of the within dec=

=edent, hereby waive further notice, and consented

the probate of said Will.

Dated this 9" day of June A.D. 1888.

Geo. W. Young. Jr.


Notice to Heirs.


The State of Ohio | In Probate Court.

Delaware County.ss. |

In the Matter of the last Will

and Testament of Lydia E. Young. deceased.

To Lizzie E Young, John L.

Young, Robert W. Young and Guy Earl Young.

You are hereby notified

that on the 9" day of June, A.D. 1888, an instrument of

writing, purporting to be the last Will and Testament of

Lydia E. Young, late of Delaware Township, in said

County, deceased, was produced in open Court, and an

application to admit the same to probate was on the same

day made in said Court. Said application will be for

hearing before this Court in the 12" day of June.

A.D. 1888. at 2 o'clock P.M.

{Seal} N.F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 9" day of June A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 263)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 263)

Description

[page 263]

[corresponds to page 197 of Delaware County Will Records

Vol. 8 1887-1890]



197

Lydia E. Young's Will

Return


The State of Ohio }

Delaware County, ss. } George W. Young. Jr. being

duly

sworn, says that on the 11

day

of June, A.D. 1888, he served the within notice by

delivering a true copy thereof to the within named

Lizzie E. Young, John L. Young, Robert W. Young and

Guy Earl Young.

Geo. W. Young. Jr.

Subscribed in my presence and sworn to before me this

12" day of June, 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.


The State of Ohio | In Probate Court.

Delaware County ss. |

Personally appeared in open Court,

W.B. Hedges and Etta Roloson, the subscribing wit=

nesses to the last Will and Testament of Lydia E.

Young, late of Delaware Township in said Delaware

County, deceased; who being duly sworn according to

law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will,

depose and say: That the paper before them bearing

date the 29" day of May. A.D. 1888, purporting to be

the last Will and Testament of Lydia E. Young - now

deceased, is the Will of said deceased Lydia E. Young,

that they were present at the execution of said

Will, and at the request of the Testatrix, respectively

subscribed their names to the same as witnesses,

in her presence; that they saw the said Lydia E.

Young, deceased, sign and seal said Will, and heard

her acknowledge the same to be her last Will and

Testament, and that the said Lydia E. Young at the

time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under

any restraint.

W.B. Hedges

Etta Roloson.

Sworn to and subscribed by said witnesses in open

Court, this 12th day of June, A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 264)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 264)

Description

[page 264]

[corresponds to page 198 of Delaware County Will Records

Vol. 8 1887-1890]

198

Lydia E. Young's Will

Journal Entry.

June 12" 1888.

In the Matter of the Will of }

Lydia E. Young. deceased. }

Be it Remembered, that,

heretofore, to-wit: on the 9th day of June. A.D. 1888,

an instrument of writing, purporting to be the last

Will and Testament of Lydia E. Young, late of

Delaware City, in this County, deceased, was pro=

=duced in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will, and

of the application to admit the same to probate and

record in this Court, has been given to Lizzie E. Young,

John L. Young, Robert W. Young and Guy Earl

Young, heirs and next of kin of the Testatrix,

resident of the State of Ohio, pursuant to a former

order of this Court; (George W. Young. Jr. widower of

said decedent having waived notice and consented to

the probate of said Will) therefore, on this day came

W.B. Hedges and Etta Roloson the subscribing

witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Lydia E. Young, deceased. That the same

was duly executed and attested; and that the said

Testatrix, at the time of making, signing and sealing

said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admit=

=ted to probate, and that the same, together with the

testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this

Court.
N. F. Overturf

Probate Judge

Copy of Will.

Last Will of Lydia E. Young

I, Lydia E. Young of Delaware Ohio, do on this

29th day of May. at the City of Delaware

Ohio, make and publish this my last Will and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 265)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 265)

Description

[page 265]

[corresponds to page 199 of Delaware County Will Records

Vol. 8 1887-1890]



199

Lydia E. Young's Will


testament, That is to say.

I wish all my just debts and fun=

=eral expenses paid.

I give devise and bequeath all

my estate both personal and real and of whatsoever

kind I may die seized to my husband George W.

Young, Jr.

I nominate and appoint my said husband

the said George W. Young, Jr. Executor of this

my last Will, and I direct that he be not required

to give bonds as such. And I direct also that

there be no inventory or appraisement of any of my

property.

In testimony Whereof I hereunto sub=

=scribe my name and affix my seal this 29th day

of May. In the Year of our Lord One Thousand

Eight Hundred and Eighty Eight.

Lydia E. Young.

Signed and sealed by Lydia E. Young in our pres=

=ence and by her acknowledged to be her last

Will and Testament and by us at her request

and in her presence and in the presence of each

other signed by us as witnesses this 29th day of

May, 1888.

W.B. Hedges

Etta Roloson

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 266)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 266)

Description

[page 266]

[corresponds to page 200 of Delaware County Will Records

Vol. 8 1887-1890]

200

Samuel T. McMorran's Will

Journal Entry.

June 20" 1888.

In the Matter of the Application }

for admission to Record of the }

Copy of Will & Record of Probate }

of the Will of Samuel T. McMorran, }

decd late of Champaign County, Ohio }

This day David McMor=

=ran Executor of the last Will and Testament of Samuel

T. McMorran decd presented to this Court for record an

Authenticated Copy of the last Will and Testament of

Samuel T McMorran, late of Champaign County. Ohio.

deceased, and of the order of Probate of the same in said

County.

Whereupon the Court finding that certain real estate

of said decedent mentioned in said Will and provis=

=ion for the title to the same to pass by provision in

said Will contained, is situated in this County, the

Court hereby order that said Copies be admitted to

record, as provided by law in such cases, in this County.

N.F. Overturf

Probate . Judge.


"Copy of Will and Proceedings"


Application to Probate Will.


In the Probate Court, Champaign County, Ohio.

Samuel T. McMorran, Deceased.

To the Honorable the Judge of said Court:


And now comes Susan B. McMorran and produces

for admission to Probate in said Court, the Last Will

and Testament of Samuel T. McMorran, late a resi-

=dent of the St. Paris, in said County, who died on the

5 day of April. A D. 1888.

Said Testator died leaving Susan B. McMorran

his widow and the following persons, all of his next of

kin.

Name Degree of Kinship P.O.Address.

Isaac N. McMorran. Son. St. Paris. O.


The State of Ohio. Champaign County,ss.

The above named Susan B. McMorran having first

duly sworn, says the statements of the foregoing

application,

are true as she very believe.

S.B. McMorran.

Sworn to before me and subscribed in my presence

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 267)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 267)

Description

[page 267]

[corresponds to page 201 of Delaware County Will Records

Vol. 8 1887-1890]


201

Samuel T McMorran's Will


this 10th day of April. A.D. 1888.

D.W. Todd.

Probate Judge.


Be, it Remembered, That on this, the 10th day of

April. A.D. 1888, an instrument of writing pur=

=porting to be the last Will and Testament of Samu=

=el T. McMorran, late of St Paris, Champaign Coun=

=ty, Ohio, deceased, was produced in open Court for

Probate, and it is now ordered that the said Will

be filed in this Court, and that due notice thereof and

of the application to admit the same to Probate and Record

be given to Susan B. McMorran, widow and Isaac

N. McMorran, next of kin of the Testator, resident

of the State of Ohio three days prior thereto that

said application will be for hearing before this Court

on the 17th day of April A.D. 1888, at 10 o'clock

A.M.


Subpoena.


The State of Ohio } To Edward Fry and Lambert Pond.

Champaign County , }

You are hereby required to attend be=

=fore the Probate Court, within and for said County,

held at the Court House, in Urbana, of said County,

on the 17th day of April. A.D.1888, at 10 o'clock A.M.,

to testify all and singular, such matters and things

which you may know as to the execution of the last

Will and Testament of Samuel T. McMorran, deceased.

Witness my hand and official seal, this 10th day

of April. A.D. 1888.

D.W. Todd.

{Seal} Probate Judge


Notice to Heirs.


The State of Ohio }ss In the Probate Court.

Champaign County. }

In the Matter of the last Will and

Testament of Samuel T. McMorran, decd

To J.Q. Baker.

You are hereby

commanded to notify Susan B. McMorran & Isaac

N. McMorran giving at least three days notice, that

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 268)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 268)

Description

[page 268]

[corresponds to page 202 of Delaware County Will Records

Vol. 8 1887-1890]


202

Samuel T. McMorran's Will


on the 10th day of April A.D. 1888. an instrument of writ=

=ing, purporting to be the last will and Testament of

Samuel T. McMorran, late of St. Paris Township, in

said County, deceased, was produced in open Court,

and an application to admit the same to probate, was

on the same day made in said Court. Said applica=

=tion will be for hearing before this Court, on the 17th

day of April. A.D. 1888, at 10 o'clock A.M.,

You will make return of this notice on or before the

14th day of April. A.D. 1888.

Witness my hand and official

seal this 10 day of April A.D. 1888.

D.W.Todd.

{Seal} Probate Judge.


Return.


The State of Ohio. }
}
Champaign County,ss. } J.Q. Baker being duly sworn,

says that on the 11th day of

April. A.D. 1888, he served the within notice, by de=

=livering a true copy thereof to the within named

Susan B. McMorran and Isaac N. McMorran.

J.Q. Baker.

Subscribed in my presence and sworn to before me this

11" day of April A.D. 1888.

J.P. Northcutt.

Notary Public


We the undersigned person within named hereby ac=

=knowledge service of the within notice, this 11" day of

April. A.D. 1888.

S.B. McMorran

I.N. McMorran.



Be it Remembered, That, heretofore to-wit: on the

10" day of April A.D. 1888, an instrument of writing,

purporting to be the last Will and Testament of S. T.

McMorran, late of St. Paris, Champaign County,

Ohio, deceased, was produced in open Court and offered for

probate and was then filed. And it now being shown to

the satisfaction of the Court, that due notice of the filing

of said Will and of the application to admit the same

to probate and record in this Court, has been given to the

next of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court: Thereupon,

on this day came Edward Fry and Lambert Pond the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 269)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 269)

Description

[page 269]

[corresponds to page 203 of Delaware County Will Records

Vol. 8 1887-1890]



203

Samuel T. McMorran's Will.

subscribing witnesses to said Will, who being duly

qualified, testified to the due execution and attesta=

=tion of said Will, which testimony was reduced to

writing by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the

aforesaid instrument of writing is the last Will and

Testament of said S.T. McMorran deceased, that the

same was duly executed and attested; and that the

said Testator, at the time of signing the same, was

of lawful age, of sound and disposing mind and memory,

and under no undue or unlawful restraint whatsoever,

It is therefore, by the Court ordered, that the said

Will be admitted to probate, and that the same,

together with the testimony of the witnesses above named,

be entered of record in this Court.


In the name of the Benevolent Father of All,

I, S. T. McMorran of Saint Paris,

County of Champaign and State of Ohio do make and

publish this my Last Will and Testament.


Item 1st I give and devise to my beloved wife Susan B. McMor=

=ran all my right title and interest in and to the

Homestead which we now occupy being two lots

and the buildings & appertenances thereto belonging

situate on the N.W. corner of Main and Church St.,

valued at Fifteen Hundred Dollars, which amount,

shall be deducted from any interest accruing to her,

in my estate under the Laws of the State.

I also give to her and hereby vest in her the absolute

title to and in all the Household and Kitchen furni=

=ture of every description, provided for the convenience and

sustenance of the family.

Item 2nd I give and bequeath to my niece Mrs. Barbara Eliz=

=abeth Jones, the sum of Sixty Dollars annually pay=

=able to her in quarterly payments of Fifteen Dollars,

during her natural life.

Item 3rd I give and bequeath to my son Isaac Newton

McMorran, his wife and their child or children a

good home, substantial support and clothing, during

the natural life of the said Isaac Newton and

his wife, provided she remains his widow so long but

this Legacy shall terminate and cease if she inter=

=marries. This home, support and clothing shall be

furnished these Legatees by my Executors hereafter

named in such manner as they shall deem most

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 270)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 270)

Description

[page 270]

[corresponds to page 204 of Delaware County Will Records

Vol. 8 1887-1890]

204
Samuel T. McMorran's Will.

advisable.

If the habits and conduct of the said Isaac Newton be

such as to justify, and the Court having jurisdiction

thereof approve my Executors may pay to him this be=

=quest in more liberal proportions, not however to exceed

One Thousand Dollars in any one year.

Any remaining portion of my estate not thus con=

=sumed at the death of said Isaac Newton McMorran

and his wife, I give and bequeath to his children if

living, if none of his children be living at the termin=

=ation of this bequest I do give and bequeath such

portion of my estate last named to "The Evergreen

Cemetery Association.

Item 4 All personal property remaining at my death ex=

=cept my safe, books and office furniture, not otherwise

shall be appraised and sold and the proceeds there=

=of accounted for as other portions of my estate.

Item 5 My Executors shall have full control of all my real

estate, not otherwise devised, keep the same in good and

sufficient repair, rent to the best advantage collect the

rents therefor, pay the taxes, keep sufficiently insured

to provide against loss by fire or otherwise, and manage

the estate commited to them, in all things to the best

interest of the estate.

If at any time they deem it best for the estate

to sell any part of parcel of the same, they shall sell

at private sale or otherwise any part thereof and con=

=vey the title thereto by a good and sufficient deed,

without the intervention of the Court and for so doing

this shall be their sufficient warrant. My executors and

son Isaac Newton shall have joint use and possession

of my law office, safe, books and office furniture of

every kind. Provided my Executors may sell at

private sale or otherwise without appraisement any

books, fixtures or office not needed for this use.

Item 6th All balance of my estate not needed for immediate

use shall be invested in National, State or County

Bonds or First Mortgage Notes at interest not to

exceed the Legal rate at the time invested.

Item 7th Having sold a piece of property in Delaware Ohio

to a Miss Avery for $1,700 cash to be consumated

when the Title shall be quieted , I desire this

contract completed and title to pass as agreed. For

this purpose I request my wife to sign with my

Executors and to take her dower in same in money

or other property here

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 271)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 271)

Description

[page 271]

[corresponds to page 205 of Delaware County Will Records

Vol. 8 1887-1890]



205

Samuel T. McMorran's Will

Item 8th Holding Notes and Mortgage from Fants on

Lot " 18 sq $150 and have agreed to accept their ser=

=vices as Janitor for the Office for six years in

payment thereof part of which service they have al=

=ready performed. Now if they express a willing=

=ness to complete the contract and my Executors

do not wish to continue their services further I

direct my Executors to cancel mortgage and notes

and deliver them to said Fant.


Item 9th I do hereby nominate and appoint David McMorran

and Wm H. Jones Jr. Executors of this my last

Will and Testament, hereby authorizing and em=

=powering them to compromise, adjust, release and

discharge in such manner as they may deem proper

the debts and claims due me. I do also authorize

and empower them if it shall become necessary in

order to pay my debts, to sell by private sale or in

such manner, upon such terms of credit of other=

=wise as they may think proper all or any part of

my real estate, to execute to purchasers deeds, ac=

=knowledge and deliver in fee simple.

I do hereby revoke all former Wills by me

made.

In Testimony hereof I have hereunto set my

hand and seal this 23d day of Feby. 1888.

S.T. McMorran - Seal -


Signed and acknowledged by said S.T. McMorran

as his last Will and Testament in our presence

and signed by us in his presence the day and year

last above written.

Edward Fry

Post Office Lambert Pond.

St. Paris. O.


Proof of Will.


The State of Ohio. } In the Probate Court.
}
Champaign County. }

Personally appeared in open Court

Edward Fry and Lambert Pond the subscribing wit=

=nesses to the last Will and Testament of S.T.

McMorran, late of St. Paris, in said Champaign

County, deceased, who being duly sworn according

to law, to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution of

said Will, depose and say: That the paper before

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 272)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 272)

Description

[page 272]


[corresponds to page 206 of Delaware County Will Records

Vol. 8 1887-1890]

206
Samuel T. McMorran's Will

them bearing date, the 23d day of February. A.D. 1888,

purporting to be the last Will and Testament of S.T.

McMorran, now deceased, is the Will of said deceased,

that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his pres=

=ence; that they saw the said S.T. McMorran, de=

=ceased, sign and seal said Will, and heard him ac=

=knowledge the same to be his last Will and Testa=

=ment, and that the said S.T. McMorran, at the

time of making, signing and sealing said Will,

was of lawful age, of sound and disposing mind and

memory, and under no unlawful restraint whatsoever.

Edward Fry

Lambert Pond.

Sworn to and subscribed by said witnesses, in open

Court, this 17" day of April. A.D. 1888.

D.W. Todd.

{Seal} Probate Judge


Certificate to Copies.


The State of Ohio } ss.
}
Champaign County. } I, D.W. Todd, Judge and Ex. offi=

cio Clerk of the Probate Court

within and for said County, said Court being a Court

of Record having a Seal, do hereby certify that the

foregoing is a full and correct copy of Last Will &

Testament, of S.T. McMorran, deceased, together with

the Probate Thereof as of Record F. Page 348. Will

Records, of this Court.

I further certify, that by the Laws of the State of

Ohio, I am Ex-officio Clerk of said Court, having

sole custody of the Records, Archives and Seal of

said Court; that I have been duly commissioned and

qualified as Judge of said Court, and that this at=

=testation is in due form of law.

In Testimony Whereof, I

have hereunto set my hand and affixed the Seal of

said Court at Urbana, Ohio, this 18 day of June,

A,D, 1888.

D.W. Todd

{Seal} Probate Judge

By L. H. Todd,

Deputy Clerk.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 273)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 273)

Description

[page 273]

[corresponds to page 207 of Delaware County Will Records

Vol. 8 1887-1890]



207

Peter Wollam's Will.

Journal Entry.

June 20" 1888.

In the Matter of the Will }

of Peter Wollam, decd }

This day, an instrument of

writing, purporting to be the last Will and Testament of

Peter Wollam, late of Concord Township, in this County,

deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and record, be

given to Elizabeth Wollam his widow, and Israel Wol=

=lam - Benjamin Wollam - Henry Wollam - George Wol=

=lam - James Wollam- Alfred Wollam and Ra=

=chel Shaver, heirs and next of kin of the Testator, resi=

=dent of the State of Ohio that said application will be

for hearing before this Court on the 29" day of June. A.D.

1888 at 1 o'clock A.M.

N.F. Overturf

Probate Judge.

Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County,ss. }

In the Matter of the last Will and

Testament of Peter Wollam, deceased.

To Elizabeth Wollam. Israel Wol=

=lam - Benjamin Wollam. Henry Wollam- George Wol=

=lam- James Wollam - Alfred Wollam and Rachel

Shaver.

You are hereby notified that on the 20" day of June

A.D. 1888, an instrument of writing, purporting to be the

last Will and Testament of Peter Wollam, late of Con=

=cord Township, in said County, deceased, was produced in

open Court, and an application to admit the same to probate

was on the same day made in said Court. Said appli=

=cation will be forbearing before this Court on the 29" day

of June A.D. 1888, at 1 o'clock, P.M.

N.F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 20" day of June. A.D.

1888.
Return.

The State of Ohio }

Delaware County.ss. } I, B. Wells being duly sworn, says

that on the 20" day of June. A,D,

1888, he served the within notice by delivering a true copy

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 274)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 274)

Description

[page 274]

[corresponds to page 208 of Delaware County Will Records Vol. 8

1887-1890]

208
Peter Wollam's Will.

thereof to the within named Elizabeth Wollam. Israel

Wollam- Benjamin Wollam - Henry Wollam - George

Wollam - James Wollam - Alfred Wollam - Rachel

Shaver.
J.B. Wells.

Subscribed in my presence and sworn to before me this

29" day of June, 1888.

N.F. Overturf

{Seal} Probate Judge.


Probate of Will.

The State of Ohio } In Probate Court.
}
Delaware County.ss }

Personally appeared in open Court

Robt. McCrory and J. B. Wells the subscribing wit=

nesses to the last Will and Testament of Peter Wollam

late of Concord Township in said Delaware County, de:

=ceased; who being duly sworn according to law, to speak

the truth, the whole truth, and nothing but the truth,

in relation to the execution of said Will, depose and say:

That the paper before them bearing date the 8th day

of March A.D. 1884, purporting to be the last Will and

Testament of Peter Wollam now deceased, is the Will

of said deceased Peter Wollam, that they were present

at the execution of said Will, and at the request of

the Testator, respectively subscribed their names to the

same as witnesses, in his presence; that they saw the

said Peter Wollam deceased, sign and seal said Will

and heard him acknowledge the same to be his last Will

and Testament, and that the said Peter Wollam at the

time of making, signing and sealing said Will, was of

full age, of sound mind and memory, and not under any

restraint.

Robt. McCrory

J.B. Wells

Sworn to and subscribed by said Witnesses, in open

Court, this 29" day of June. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

June 29" 1888.

In the Matter of the Will }

of Peter Wollam, decd } Be it remembered, that hereto=

=fore, to-wit: on the 20" day of

June. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Peter Wollam,

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 275)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 275)

Description

[page 275]

[corresponds to page 209 of Delaware County Will Records Vol. 8

1887-1890]



209
Peter Wollam's Will


late of Concord Township, in this County, deceased, was

produced in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the Court,

that due notice of the filing of said Will, and of the

application to admit the same to probate and record in

this Court, has been given to Elizabeth Wollam his

widow, and Israel Wollam- Benjamin Wollam - Henry

Wollam - George Wollam- James Wollam - Alfred

Wollam and Rachel Shaver heirs and next of kin of the

Testator, resident of the State of Ohio, pursuant to a

former order of this Court; therefore, on this day came

Robt. McCrory and J.B. Wells, the subscribing

witnesses to said Will, who being duly sworn, testi=

=fied to the due execution and attestation of said Will,

Which testimony was reduced to writing, by them

respectively subscribed, and filed with said Will, whereup=

=on the Court finds that the aforresaid instrument of

writing is the last Will and Testament of said Peter

Wollam, deceased. That the same was duly executed

and attested; and that the said Testator, at the time of

making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any re=

=straint. It is, therefore, by the Court ordered, that the

said Will be admitted to probate, and that the same, to=

=gether with the testimony of the witnesses above named

as well as the proceedings had thereon, be entered of record

in this Court .
N. F. Overturf

Probate Judge.

Copy of Will.

In the Name of The Benevolent Father

of All,

I Peter Wollam of the County of Delaware and

State of Ohio do make and publish this my last Will

and Testament.


Item 1 I give and devise to my beloved wife, in lieu of her

dower,

the farm on which I now reside. Situate in the Coun=

=ty and Delaware, Township of Concord and State of Ohio,

containing about one hundred and one acres of land, during

her natural life: and all the Stock, hous.hold goods,

furniture, provisions, and other goods and chattels which

may be thereon, at the time of my decease, I give and

bequeath to her absolutely:

At the death of my said wife, the real estate aforesaid,

I give and devise to my Son, to-wit: Israel Wollam,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 276)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 276)

Description

[page 276]

[corresponds to page 210 of Delaware County Will Records Vol. 8

1887-1890]


210

Peter Wollam's Will

Benjamin Wollam - Henry Wollam - George Wollam -

James Wollam, and Alfred Wollam, and my daughters

as follows, to-wit: Rachel Shaver, and her heirs,

Katy Ann Kaylor, to her and her heirs, to be equal=

=ly dived between them.

If, however, either of my children should die before

the decease of my wife, leaving no children living, at the

decease of my said wife then the share of property above

devised to such deceased child, is hereby devised and be=

=queathed to the other children equally, and their heirs.


Item 2d It is my bequest that no bills shall ever be brot for

board nor any board charged to Israel Wollam - Alfred Wol=

=lam - Benjamin Wollam and Amanda Beard, during the

life of my said wife.

Item 3d I devise also that Alfred Wollam farm the place and

keep and provide for mother (to farm as he-thinks best.)

Item 4th I devise that the beds and bed clothing be divided equally

among the children at the death of my said wife.

Item 5th I do hereby nominate and appoint George Wollam and

Alfred Wollam Executors of this my last Will and Tes=

=tament, hereby authorizing and empowering them to com=

=promise, adjust release and discharge in such manner

as they may deem proper the debts and claims due me.

I also authorize and empower them if it shall become

necessary in order to pay my debts to sell by private

sale, or in such manner, upon such terms of credit, or

otherwise as they may think proper, all or any part of

my real estate, and deeds to purchasers to execute, ac=

knowledge and deliver in fee simple.

I desire that no appraisement and no sale of my person=

=al property be made, and that the Court of probate direct

the omission of the same in pursuance of the Statute -

Item 6th I further devise and direct that any of the aforesaid parties

objecting or squealing shall have nothing.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and

seal this 8th day of March. in the year 1884.

his

Peter X Wollam {seal}

mark

Signed and acknowledged by Peter Wollam as his last

Will and Testament, in our presence; and signed by us

in his presence.

Robt McCrory

J.B. Wells
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 277)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 277)

Description

[page 277]

[corresponds to page 211 of Delaware County Will Records Vol. 8

1887-1890]



211

Ann Robert's Will

Journal Entry.

June 20th 1888.

In the Matter of the Will }

of Ann Roberts, deceased }

This day, an instrument of

writing, purporting to be the last Will and Testament

of Ann Roberts, late of Radnor Township, in this

County, deceased, was produced in open Court for

Probate; On Consideration Whereof, it is ordered that

the said Will be filed in this Court, and that due

notice thereof, and of the application to admit the same

to probate and record, be given to Milo Fleming -

David Lawrence and Margaret Jones - next

of kin of the Testatrix, resident of the State of Ohio,

that said application will be for hearing before this

Court on the 2d day of July A.D. 1888 at 10 o'clock

A.M., (Wirt Lawrence nephew of said Testatrix hav=

=ing waived notice and consented to the probate of said

Will).
N.F. Overturf

Probate Judge
Waiver.

I, the undersigned, nephew & Legatee of the within named

decedent, hereby waive further notice and consent to the probate

of said Will.

Dated this 20 day of June.A.D. 1888.

Wirt Lawrence.

Notice to Heirs.

The State of Ohio } In Probate Court.

Delaware County,ss.}

In the Matter of the last Will and

Testament of Ann Roberts, deceased.

To Milo Fleming - David Law=

=rence and Margaret Jones:

You are hereby notified that on the

20th day of June A D 1888 an instrument of writing, pur-

=porting to be the last Will and Testament of Ann Roberts

late of Radnor Township, in said County, deceased, was pro=

=duced in open Court, and an application to admit the same

to probate was on the same day made in said Court. Said

application will be for hearing before this Court on the 2nd

day of July A.D. 1888 at 10 o'clock A.M.

N. F. Overturf

Probate Judge.

Dated at Delaware Ohio, this 30 day of June. A.D.

1888
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 278)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 278)

Description

[page 278]

[corresponds to page 212 of Delaware County Will Records Vol. 8

1887-1890]

212

Ann Robert's Will

Return.

The State of Ohio ]

Delaware County,ss. ] Wirt Lawrence being duly sworn,

says that on the 26th, 28th & 30th days

of June. A.D. 1888, he served the within notice by deliver=

=ing a true copy thereof to the within named Milo Flem=

=ing - David Lawrence and Margaret Jones.

Wirt Lawrence

Subscribed in my presence and sworn to before me this

2nd day of July. 1888.

N.F. Overturf

{Seal} Probate Judge.

Probate of Will.

The State of Ohio In Probate Court.

Delaware County ,ss.
Personally appeared in open Court

Mary E. Cone and Jno. A. Cone, the subscribing

witnesses to the last Will and Testament of Ann Rob=

erts, late of Radnor Township in said Delaware Coun=

=ty, deceased; who being duly sworn according to law, to

speak the truth, the whole truth, and nothing but the

truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the 14"

of August. A.D. 1883. purporting to be the last

Will and Testament of Ann Roberts now deceased,

is the Will of said deceased, Ann Roberts, that they

were present at the execution of said Will, and at the

request of the Testatrix, respectively subscribed their

names to the same as witnesses, in her presence,

that they saw the said Ann Roberts, deceased, sign and

seal said Will and Testament, and that the said

Ann Roberts, at the time of making, signing and seal=

=ing said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint.

Mary E. Cone

Jno. A. Cone.

Sworn to and subscribed by said witnesses, in open Court,

this 2d day of July. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 279)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 279)

Description

[page 279]

[corresponds to page 213 of Delaware County Will Records Vol. 8

1887-1890]

213

Ann Robert's Will

Journal Entry.

July 2nd 1888,


In the Matter of the Will of }

Ann Roberts, deceased. } Be it remembered, that here=

=tofore, to-wit: on the 20" day

of June. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Ann Roberts,

late of Radnor Township, in this County, deceased, was

produced in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will, and

of the application to admit the same to probate and record

in this Court, has been given to Milo Fleming - Dav=

=id Lawrence and Margaret Jones, heirs and next of

kin of the Testatrix, resident of the State of Ohio, pur=

=suant to a former order of this Court; therefore on this

day came Mary E. Cone and Jno. A. Cone the sub=

=scribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will.

whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said

Ann Roberts, deceased. That the same was duly

executed and attested; and that the said Testatrix, at

the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court order-

=ed, that the said Will be admitted to probate, and

that the same, together with the testimony of the witness-

=es above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.

Copy of Will.

In the name of the Benevolent Father of All,

I Ann

Roberts of Delaware County Ohio, being of sound and

disposing mind do make and publish the following my

last will and testament.


Item 1st I will and direct that all my just debts and funeral

expenses be paid out of my estate, and in case there

be anything of my estate left after paying such debts

and expenses I wish to have erected at my grave a

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 280)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 280)

Description

[page 280]

[corresponds to page 214 of Delaware County Will Records Vol. 8

1887-1890]

214

Ann Robert's Will.

suitable monument to be inscribed with my own and

my deceased Husbands names.


Item Second: I appoint and constitute my nephew Wirt Law:

rence, Executor of this Will and hereby empower and

authorize him to sell and convey by good and sufficient

conveyance, without obtaining any order or authority of

or from any Court, my house and lot, and apply the

proceeds thereof in payment of my said debts expenses

&c and in case there be any surplus after paying said

debts &c, I hereby will and bequeath the said surplus

to my said nephew Wirt Lawrence and also I give

and bequeath to said Wirt Lawrence all my person=

=al goods and chattels moneys and credits: and request that

none of my clothing or house-hold goods shall be sold,

but said Wirt Lawrence shall take charge of and

keep the same.

Item third: I will and direct that there be no appraisement nor

sale of my goods, and request that the Court of proper

jurisdiction order that there be no further proceedings

in said Court, in reference to this Will than to

admit the same to probate and record.

I hereby revoke all former

wills by me made.

Witness my signature this 14" day of

August 1883. her

Ann X Roberts.

mark

Signed by the said Ann Roberts in our presence

and by her declared to be her last will and testament

in our hearing, and signed by us at her request as wit=

=nesses, in her presence, and in the presence of each

other, on the day above written.

Mary E. Cone

Jno. A Cone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 281)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 281)

Description

[page 281]

[corresponds to page 215 of Delaware County Will Records Vol. 8
z
1887-1890]

215

Frederick Oesterle's Will.

Journal Entry

June 9th 1888.

In the Matter of the Will }

of Frederick Oesterle, decd }

This day, an instrument of

writing, purporting to be the last Will and Testament of

Frederick Oesterle, late of Delaware City, in this

County, deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the said

Will be filed in this Court, and that due notice

thereof, and of the application to admit the same to

probate and record, be given to Matilda Oesterle, wid=

=ow, Adelia B. Oesterle - Helen E. Tipton - Fred C.

Oesterle - Matilda S. Donhimer - Amelia L. Oesterle -

Clara N. Oesterle - Francis N. Oesterle - and Edward

O.L. Oesterle heirs and next of kin of the Testator,

resident of the State of Ohio that said application

will be for hearing before this Court on the 12th day

of June. A.D. 1888, at 2 o'clock P.M.

N.F. Overturf

Probate Judge.

Waiver.

We the undersigned waive the issuing of notice and con=

=sent to the probate of the Will of Frederick Oesterle,

this 12th day of June. A.D. 1888.

Matilda Oesterley, widow, &

Fredrick C. Oesterle, Son of

Frederick Oesterle.


Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County,ss. }

In the matter of the last Will and

Testament of Frederick Oesterle, deceased.

To Adelia B. Oesterle - Helen E.

Tipton - Fred C. Oesterle - Matilda Donhimer - Amelia

L. Oesterly - Clara N. Oesterle - Francis N. Oesterle,

Edward O.L. Oesterle.

You are hereby notified that on the 9" day

of June. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Frederick Oes=

=terle, late of Delaware Township, in said County, de=

=ceased, was produced in open Court, and an application

to admit the same of probate was on the same day

made in said Court. Said application will be for hear=

=ing before this Court on the 12th day of June. A.D. 1888,

at 2 o'clock , P.M.

N.F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 282)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 282)

Description

[page 282]

[corresponds to page 216 of Delaware County Will Records Vol. 8

1887-1890]

216

Frederick Oesterle's Estate,

Dated at Delaware Ohio, this 9" day of June. 1888.


Return,


The State of Ohio }

Delaware County,ss } Frederick C. Oesterle being duly

sworn, says that on the 9" day of

June, A.D. 1888. he served the within notice by de=

=livering a true copy thereof to the within named

Adelia B. Oesterle - Helen E. Tipton - Matilda

Donhimer - Amelia L. Oesterle. Clara N. Oesterle

Francis N. Oesterle - Edward O.L. Oesterle.

Frederick C. Oesterle.

Subscribed in my presence and sworn to before me this

12" day of June. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

June 12 1888.

In the Matter of the Will of }

Frederick Oesterly, deceased. } Be it remembered, that

heretofore, to-wit: on the 9"

day of June. A.D. 1888, an instrument of writing, pur=

=porting to be the last Will and Testament of Frederick

Oesterle, late of Delaware City, in this County, de=

=ceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will,

and of the application to admit the same to probate

and record in this Court, has been given to Matilda

Oesterle, widow, Adelia B. Oesterle - Helen E. Tipton

Fred C. Oesterle- Matilda S. Donhimer Amelia

L. Oesterle - Clara N. Oesterle. Francis N. Oesterle.

and Edward O.L. Oesterle heirs and next of kin of

the Testator, resident of the State of Ohio. pursuant

to a former order of this Court; Neither of the subscrib.

=ing witnesses to said Will appearing in Court this

cause is continued until the 13" day of June. A.D.

1888.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 283)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 283)

Description

[page 283]

[corresponds to page 217 of Delaware County Will Records Vol. 8

1887-1890]




217

Frederick Oesterle's Estate,

Testimony of Witness.


In Probate Court } In the matter of proving the last

Will

Delaware County, Ohio. } and Testament of Frederick

Oesterle, deceased


The State of Ohio }

Delaware County,ss } Werter B. Albright, being duly sworn

and examined as a witness in the

above entitled matter, says; I was present at the exe=

=cution of the instrument now shown to me, bearing

date the 30" day of August. A.D. 1884, and offered for

probate as the last Will and Testament of Frederick

Oesterle, late of Delaware Township, in said County

of Delaware, deceased, and saw the said Frederick Oes=

=terle, now deceased, sign and seal said instrument,

and heard him acknowledge the same to be his last

Will and Testament; and I, thereupon, at his request, and

in his presence, subscribed my name to the same as a

witness. The said decedent, at the time of making,

signing and sealing said instrument, was of full age, of

sound mind and memory, and not under any restraint.

Werter B. Albright

Sworn to and subscribed by said witness in open

Court, this 13" day of June. A.D. 1888

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

June 13 1888,

In the Matter of the Will Of }

Frederick Oesterle, deceased } This day came Werter B.

Albright, one of the subscrib.

=ing witnesses to said Will of Frederick Oesterle, dec-,

and after being duly sworn testified to the due execu=

=tion and attestation of said Will. Which testimony

was reduced to writing, by him subscribed, and filed

with said Will.

And it appeared that William A. Smith, one of

the subscribing witnesses to said Will, is a resident

of San Diego, California, and is without the jurisdic=

=tion of this Court, it is therefore ordered that a Com=

=mission with the Will annexed issue herein to

Frank S. Jennings of San Diego, California,

directing him to take the deposition of said subscribing

witness, and return the same duly verified, with all

convenient speed to this Court

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 284)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 284)

Description

[page 284]

[corresponds to page 218 of Delaware County Will Records Vol. 8

1887-1890]

218

Frederick Oesterle's Will.

Commission.


To take Testimony of Witness to Will


The State of Ohio } To Frank S. Jennings, Greeting:

Delaware County, ss. }


Know Ye That we, in confidence of your

prudence and fidelity, have appointed you and by these

presents do give you full power and authority to examine

and take the deposition of William A. Smith one of

the subscribing witnesses to the last Will and Testament

of Frederick Oesterle, decd, hereto annexed, late of

the County of Delaware, in the State of Ohio, deceased;

and therefore we command you, that at certain days

and places appointed by you, you cause the said Wil=

=liam A. Smith to be brought before you, and then and

there to examine him on oath or affirmation first

taken before you, touching the due execution of said

Will of the said Frederick Oesterle, decd and that you

reduce such examination to writing, and return the same,

together with this Commission and the Will of the

said Frederick Oesterle, thereto annexed, closed up under

your seal, into our said Probate Court, with all conven=

=ient speed.

In Testimony Whereof, I, N.F. Over-

=turf, Judge of the said Court, have hereunto set my

hand and affixed the seal of said Court, at Delaware

Ohio, this 13" day of June. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


Copy of Will.


I, Frederick Oesterle, a resident of the City of

Delaware in the State of Ohio, of lawful age, and

sound mind and memory, revoking all other former

testamentary writings do make and publish this my

last Will and Testament.


Item First, I do hereby nominate and appoint my beloved wife

Matilda, Guardian of my minor daughters Amelia

Louisa, Clara Nellie and Nettie Francis, until they

shall arrive at the age of Eighteen years or shall in=

=termarry, and of my minor son Otto Edward Leopold

until he shall arrive at the age of twenty one years.

But in case my wife should again marry, her

guardianship of said children shall determine upon

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 285)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 285)

Description

[page 285]

[corresponds to page 219 of Delaware County Will Records Vol. 8

1887-1890]




219

Frederick Oesterle's Will.


her intermarriage, and in her place I do hereby nomi=

=nate my beloved children Adelia B. Helen E.

and Frederick Charles, to have the guardianship of

said children until they shall become of lawful age

or shall intermarry.

Item Second: I do hereby nominate and appoint my beloved wife

Matilda, Executrix of this my last Will and Tes=

=tament, hereby authorizing and empowering her to

compromise, adjust, release, and discharge in such

manner as she may deem proper the debts and claims

due me. I do also authorize and empower her if it

shall become necessary in order to pay my debts,

to sell by private sale or in such manner as

she may think proper all or any part of my Real

Estate and deeds to purchasers to execute, acknowl=

=edge and deliver in fee simple.

I also empower her to collect all rents, interest and

dividends due my estate, and if moneys which

may be at interest, or otherwise invested for profit,

shall become due, or she shall deem it best and exped=

=ient to convert them into money, I hereby authorize her

to collect and receive them and convert them into money,

and to reinvest as she may deem best.

I hereby authorize her to apply all rents, interest and prof=

=its of investments to the maintenance of herself and my

minor children, or so much thereof as may be neces=

=sary to their reasonable support. The balance of

such rents, interest and profits to be reinvested as

principal for the benefit of my estate.


Item Third: I give and devise to my beloved wife Matilda in lieu

of her dower the homestead residence in which I now

reside so long as she may remain my widow.

But if my wife shall again marry then the estate here-

=in created shall determine upon her inter marriage, in

which case my desire is that her dower be assigned

according to law.

Item Fourth: I desire that my business property, situate on the

North East corner of William and Sandusky Streets in

the City of Delaware Ohio, be not sold during the

minority of any one of my children, but that the same

shall be rented for a reasonable rental, to a responsible

tenant who shall give good and sufficient security for the

payment of the rent. And further that if said prop=

=erty shall be let for use as a restaurant or saloon

where alcoholic spirituous or malt liquors shall be sold,

that the tenant thereof, in addition to the security

for the rental thereof shall give ample secured bond

to my Executrix indemnifying her and my heirs.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 286)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 286)

Description

[page 286]

[corresponds to page 220 of Delaware County Will Records Vol. 8

1887-1890]

220
Frederick Oesterle's Will.

against any and all damages, taxes or license that may

be assessed against said property or which may be or

in any event might become a lien upon said property

by reason of the character of the business carried on there=

=in, under any law or ordinance now in force or which

may be hereafter enacted or ordained by any municipal,

state or national authority.

Item Fifth, In case my son Frederick Charles shall elect to

rent the said business property, I desire that he

have the refusal of the same, at a reasonable rental,

provided that he shall give security and bond as set

forth in Item Fourth. But I desire that my

wife be not accepted as security for for my son or

another.

Item Sixth: I give and bequeath to my son Frederick Charles,

all the Counter show cases, tables, chests,

chairs and other furniture which may be in the said

business property at the time of my decease, not in=

=cluding the stock in trade. Provided that he shall

elect to continue business in said property and shall

contract for the rental of the same as set forth in Item

Fourth. Otherwise the said property to be sold or

otherwise disposed of as may to my Executor seem

expedient.

Item Seventh. I desire that the principal of any and all invest=

=ments be kept intact and undiminished except in

case of necessity for repairs, or otherwise rendered neces=

=sary by fire or other casualty.

Item Eighth. I desire that no division or partition of my estate be

made during the minority of any one of my children,

except as otherwise herein provided.

Item Ninth: If when all my children shall have attained their

majority they shall elect to divide and partition, they shall

be free to do so, provided that the dower assigned to my

wife shall be sufficient for her reasonable support so long

as she remain my widow.

But if it shall appear that her dower so assigned

would not be sufficient for her reasonable support,

during widow hood, I desire that no division or par=

tition be made so long as she may remain my wid=

=ow. but that my business property above mentioned

shall continue to be rented, and the rental thereof to=

=gether with the interest and profits of investments or

as much thereof as may be necessary to her reason=

=able support shall be so applied.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 287)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 287)

Description

[page 287]

[corresponds to page 221 of Delaware County Will Records Vol. 8

1887-1890]

221
Frederick Oesterle's Will

Item Tenth: If my wife should again marry during the minority

of any one of my children I desire that her trust as

Executrix of this my will shall determine upon

her intermarriage, and that her lawful dower be

assigned.

And if she should marry after all my children have

attained their legal majority then her trust as Execu=

=trix of this my will shall be determined upon her

intermarriage, and her lawful dower by assigned, and

the remainder of my estate according to law.

Item Eleventh: If my Executrix should deem it expedient, I hereby

authorize her by and with the advise and consent of each

of my children as may have attained their majority, to

sell and convey any part of the whole of the homestead

in which I now reside. and deeds to execute and deliver

in fee simple, provided that so much of the proceeds

thereof as she may deem proper shall be reinvested

in a homestead for my widow and minor children.

which new homestead shall be conveyed to my Execu=

=tor in trust for the use of my heirs at law, and shall

be and remain to her use during her widowhood as

set forth and provided in Item third of this my

Will.

Item Twelve I give to my beloved wife Matilda all the goods and

household furniture which may be in my homestead

at my decease:

I enjoin upon the guardian of my minor children the

duty of giving them a good english education, and cultur:

=ing them in habits of truth, economy and industry.

And my desire and intention in this will is to

give to my beloved wife Matilda so long as she

may remain my widow, excepting as provided herein,

ample power and authority to invest my moneys, col=

=lect rents and interest and carry on business for the

support maintenance and education of my minor child=

=ren with prudence & care not to the disparagement

of my older children as I if living would reasonably

be expected to do. but that nothing herein shall be

so construed as to authorize her to engage any part

of my estate in any trade, trafic, or merchantile bus=

=iness in which she shall be sole or a partner.

In testimony

whereof I have hereunto set my hand and seal this

30" day of August in the year of Our Lord One

Thousand Eight hundred and Eighty four.

Frederick Oesterle {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 288)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 288)

Description

[page 288]

[corresponds to page 222 of Delaware County Will Records Vol. 8

1887-1890]


222

Frederick Oesterle's Will.

Subscribed in our presence by Frederick Oesterle

and by him acknowledged to be his last will and testa=

=ment and by us subscribed as witnesses in his presence

and in presence of each other, the day and year above

written, and done at the request of the Testator.


William A. Smith

Werter B. Alright.


Deposition of Witness to Will


The State of California } In the Matter of the Last Will and Testament

San Diego County,ss. } of Frederick Oesterle.


Personally appeared before me Frank S. Jennings,

Commissioner, William A. Smith one of the subscrib-

=ing witnesses to the last Will and Testament of Freder=

=ick Oesterle late of Delaware Township in said Del=

=aware County, deceased, who being by me first duly

sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the exe=

cution of said Will, deposes and says: That he was

present at the execution of the paper before him bearing

date the 30" day of August. A.D. 1884, purporting to be

the last Will and Testament of Frederick Oesterle now

deceased, whose name is signed at the end thereof, and

at the request of said deceased, he subscribed his name

to the same as a witness in his presence; that he saw

the said Frederick Oesterle sign and seal said Will,

and heard him acknowledge the same to be his last

Will and Testament, and that the said Frederick

Oesterle at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory

and not under any restraint.

William A. Smith.


The State of California }

San Diego County. ss. } I, Frank S. Jennings, duly

appointed and commissioned by

the Judge of the Probate Court of the County of Del=

=aware and State of Ohio to take the testimony of Wil=

=liam A. Smith, one of the subscribing witnesses to

the last Will and Testament of Frederick Oesterle ,

deceased, late a resident of said County and State, which

Commission, and the said Will are hereto annexed, do

hereby certify that in pursuance of said Commission

I caused the above named William A. Smith, sub=

=scribing witness as aforesaid to appear before me, at
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 289)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 289)

Description

[page 289]

[corresponds to page 223 of Delaware County Will Records Vol. 8

1887-1890]

223

Frederick Oesterle's Will

San Diego, California, on the 27th day of June. 1888,

that he was first duly sworn by me, according to law,

to speak the truth, the whole truth, and nothing but

the truth; that I examined him in relation to the

execution of said Will, and reduced his testimony to

writing as above set forth in his presence and that he

signed the same in my presence, and I further certify

that I am not Counsel, Attorney, or Relative of any

of the parties named in said Will, or otherwise inter=

=ested in the Probate thereof.
In witness whereof I

have hereunto set my hand, this 27th day of June.

A.D. 1888.
Frank S. Jennings.

Commissioner

Journal Entry.

July. 9" 1888.

In the Matter of the Will of }

Frederick Oesterle, decd }

The Commission heretofore

issued herein to take the testimony of William A.

Smith, one of the subscribing witnesses to the Will

of said Frederick Oesterle, deceased, was this day

returned duly executed, and the same was filed

herein.

And it appearing to the Court from the examination

of the former witness, and from the deposition of the

said William A. Smith, that the aforesaid instru=

=ment of writing is the last Will and Testament of

said Frederick Oesterle, deceased. That the same

was duly executed and attested; and that the said Tes=

=tator, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and

not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate and

that the same, together with the testimony of the witness=

=es above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 290)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 290)

Description

[page 290]

[corresponds to page 224 of Delaware County Will Records Vol. 8

1887-1890]

224
Michael Leitners Will

Journal Entry.

July 25 1888

In the Matter of the Will of }

Michael Leitner, deceased } This day, an instrument of

writing, purporting to be the

last Will and Testament of Michael Leitner, late of Dela=

=ware Township, in this County, deceased, was produced in

open Court for Probate. On Consideration Whereof, it

is ordered, that the said Will be filed in this Court.

And it appearing to the Court that there is no widow

or next of kin of the Testator resident of the State of

Ohio, no Notices were issued. And it further ap=

=pearing to the Court that Alex W. Krumm and

Christopher Turkoff, the subscribing witnesses to said

Will, are residents of Columbus, Franklin County. Ohio,

and are without the jurisdiction of this Court, it is there=

=upon ordered, that a Commission , with the Will annex:

=ed issue herein to Albert Krumm of Columbus,

Franklin Co. Ohio, directing him to take the testimony

of said subscribing witnesses, and return the same, ac:

=cording to law, with all convenient speed,to this

Court. And this matter is continued until Friday

the 27th day of July. A.D. 1888.

N.F. Overturf

Probate Judge.


Commission


To take Testimony of Witness To Will.


The State of Ohio } ss To Albert Krumm, of City of Columbus,

Delaware County. } Franklin Co. Ohio. Greeting


Know Ye, That we, in confidence of your prudence and

fidelity, have appointed you, and by these presents do give you

full power and authority to examine and take the deposition

of Christopher Turkopp and Alex W. Krumm subscribing

witnesses to the last Will and Testament of Michael

Leitner hereto annexed, late of the County of Delaware,

in the State of Ohio, deceased; and therefore we command

you, that at certain days and places appointed by you, you

cause the said Christopher Turkopp and Alex W.

Krumm to be brought before you, and then and there to

examine them on oath or affirmation first taken before

you touching the due execution of said Will of the said

Michael Leitner and that you reduce such examination

to writing, and return the same, together with this Com=

=mission and the Will of the said Michael Leitner
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 291)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 291)

Description

[page 291]

[corresponds to page 225 of Delaware County Will Records Vol. 8 1887-1890]

225

Michael Leitners' Will

thereto annexed, closed up under your seal, into our said

Probate Court, with all convenient speed.

In Testimony Whereof,

I, N.F. Overturf, Judge of the said Court, have here=

=unto set my hand and affixed the seal of said Court,

at Delaware O. this 25" day of July. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


"Copy of Will"

Last Will and Testament of

Michael Leitner.


I, Michael Leitner of Delaware, Delaware County,

State of Ohio, of sound and sane mind and memory,in

full possession of all my faculties, and in good health

and spirits, but becoming old, and appreciating the uncer=

=tainty of this life, and being desirous of making a just

and proper disposition of my property after my death,

do hereby make and publish this my last Will and

testament, hereby revoking any and all former last wills

and testaments by me made:

I. It is my will that all my just debts and funeral ex=

=penses be paid by my Executor hereinafter named, as

soon after my death as the same can conveniently be

done:

II. I next give and bequeath to William Fleckner, Hen=

=ry Fleckner. Conrad Fleckner and Maria Fleckner (now

wife of Henry Hummel) all being children of my deceased

wife Katharine Fleckner, by a former husband, each

the sum of Five Dollars (Each $5.00) Said four above

named children, together with one other since deceased

without issue, were the children of my aforesaid wife at

the time of her marriage with me, and were not adopted

by me as my children, but I agreed with my said wife

to raise them, which I have done, and furthermore they

have not been as kind to me as they might or should

have been, and moreover I have done them each and all

many services including various sums of money ad=

=vanced to several of them, which have never been return=

=ed. This bequest I have made principally to show

that they have not been forgotten nor ignored by me.


III. I do next give, devise, and bequeath all the rest

and residue of my property, real personal and mixed of

whatsoever kind and wheresoever the same may be,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 292)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 292)

Description

[page 292]

[corresponds to page 226 of Delaware County Will Records Vol. 8 1887-1890]

226

Michael Leitner's Will

including my real estate in Delaware. Ohio, after de=

ducting therefrom the foregoing bequests and the costs of

administering the trust hereby created including a fair com=

=pensation to my Executor, to Anna Maria Ruege

(or Ruoyn) (now Schueller, and wife of Philip Schuel=

=ler) now in Garnsdorf Bonigriff Weissenburg Mittelfranken

Banigreich Bayern Germany Anna Maria Ruege was born in Weimar.

Weissenburg Bayern Germany and is my own daughter

by Katharine Ruge In case of the

death of my said daughter Anna Maria Ruege before

mine, it is my will that all my property of whatsoever

kind as aforesaid, shall be given, and I do hereby so give

devise, and bequeath the same to her children, issue of

her body share and share alike, and to her or their (as

the case may be) heirs and assigns forever.


IV. I do nominate, and appoint my friend Frederick Tur=

kopp of Columbus, Ohio, to be the Executor of this my

last Will and Testament, with the request and direction

that he be not required to give any bond whatsoever for

the performance of the trust hereby created. In case of

the inability, death, or refusal of said Fred. Turkopp

to assume this trust, then it is my will that his

brother Henry Turkopp be and he is hereby appointed

to assume and discharge the same, with a like direction

as to bond.

My Executor shall in every respect have full, complete

and unqualified control of all my property for the benefit

of my legatees and devisees with full power and authority

to sell the same including real estate, and any or ev=

=ery part and parcel thereof, either at public or private

sale, upon such terms, for such price, and at such times

as he my said Executor shall in his discretion determine

without restraint, and without any legal process, or any

order of any Court.

Said Executor is to account to my devisees and lega=

=tees; either to convey said premises as herein provided

and account for the proceeds, or if agreeable to all, my said

real estate may be taken by said Anna Maria Ruege

without sale, that is to say if agreeable to said Ruege

and my Executor, but in no event is the purchaser at

said sale or sales to be responsible in any wise for the

application of the proceeds thereof, and such sales are to

be made without reference to that application of the proceeds

and the title to property, so sold shall be free and clear of

any liability or responsibility for the application of the pro=

=ceeds thereof.

In witness whereof, I have hereunto

subscribed my name this 15th day of January. A

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 293)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 293)

Description

[page 293]


[corresponds to page 227 of Delaware County Will Records Vol. 8

1887-1890]



227

Michael Leitner's Will

D 1878.
Michael Leitner


Signed, declared, acknowledged, and published by the

said Michael Leitner in our presence, as and for his

last Will and Testament, and by us signed as witnesses

thereto at his request, in his presence, and in the pres=

=ence of each other, this 15th day of January. A.D.

1878.
John Hoelcher

Christ Turkopp

Alex W Krumm.


Deposition of Witness to Will.


The State of Ohio } In the Matte

} of the last Will and Testament

Franklin County.ss } of Michael Leitner


Personally appeared before me Albert Krumm, Com=

missioner, Christ Turkopp and Alex W. Krumm,

subscribing witnesses to the last Will and Testament of

Michael Leitner, late of Township in said Delaware

County, deceased, who being by me first duly sworn accord=

=ing to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will,

depose and say: That they were present at the execution

of the paper before them bearing date the 15th day of Jan=

=uary A.D. 1878, purporting to be the last Will and Tes=

=tament of Michael Leitner now deceased, whose name is

signed at the end thereof, and at the request of said deceased

they subscribed their names to the same as witnesses in

his presence; that they saw the said Michael Leitner sign

and seal said Will, and heard him acknowledge the same to

be his last Will and Testament, and that the said Michael

Leitner at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not under

any restraint.

Christ Turkopp.

Alex W. Krumm

The State of Ohio }

Franklin County.ss. } I, Albert Krumm, duly appointed

and commissioned by the Judge of

the Probate Court, of the County of Delaware and the

State of Ohio, to take the testimony of Christ Turkopp

and Alex W. Krumm. subscribing witnesses to the last

WIll and Testament of Michael Leitner, deceased, late

a resident of said County and State, which Commission,

and the said Will are hereto annexed, do hereby certify
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 294)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 294)

Description

[page 294]

[corresponds to page 228 of Delaware County Will Records Vol. 8

1887-1890]

228

Michael Leitner's Will

that in pursuance of said Commission I caused the above

named Christ Turkopp and Alex W. Krumm sub=

=scribing witnesses as aforesaid to appear before me, apply

on the 26th day of July. 1888. that they were first duly

sworn by me, according to law, to speak the truth, the whole

truth, and nothing but the truth; that I examined them

in relation to the execution of said Will, and reduced their

testimony to writing as above set forth in their presence and

that they signed the same in my presence, and I further

certify that I am not Counsel, Attorney, or Relative

of any of the parties named in said Will, or otherwise

interested in the Probate thereof.

In witness whereof I have here=

=unto set my hand, this 26th day of July. A.D. 1888.

Albert Krumm.

Commissioner.

Journal Entry.

July 27 1888.

In the Matter of the Will of }

Michael Leitner, deceased } The Commission heretofore

issued herein to take the tes=

=timony of Alex W Krumm and Christopher Turkopp

the subscribing witnesses to the Will of Michael Leit=

=ner, deceased, was this day returned, duly executed, and

the same was filed herein.

And it appearing to the Court from the depositions of the

said Alex W. Krumm and Christ Turkopp, that the

aforesaid instrument of writing is the last Will and Tes=

=tament of said Michael Leitner, deceased, That the same

was duly executed and attested, and that the said Testa=

=tor at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not under

any restraint. It is, therefore by the Court ordered, that

the said Will be admitted to probate and that the same

together with the depositions of the witnesses above named,

as well as the proceedings had thereon, be entered of

record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 295)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 295)

Description

[page 295]

[corresponds to page 229 of Delaware County Will Records Vol. 8

1887-1890]



229

Lucy A. Hanawalt's Estate.

Journal Entry.

July. 31st 1888.

In the Matter of the Will }

of Lucy A. Hanawalt, decd }

This day, an instrument of

writing, purporting to be the last Will and Testament

of Lucy A. Hanawalt, late of Liberty Township, in

this County, deceased, was produced in open Court

for Probate: On Consideration Whereof, it is ordered

that the said Will be filed in this Court.

And thereupon came Charles Hanawalt, widower of

said Testatrix, and for himself and Letta S. Hana=

=walt (only heir of said Testatrix, aged 4 months) in

writing, waived the issuing of service and consented to

the probate of said Will. And it is ordered the

hearing of said application be set for Wednesday

the 8th day of August. A.D. 1888, at 1 o'clock P.

M., to which time this matter is continued .

N.F. Overturf

Probate Judge.

Waiver.

I the undersigned husband, & father of Infant, of the

within named decedent, hereby waive further notice

for my self & said Infant. Letta Hanawalt, and con=

=sent to the probate of said Will.

Dated this 31st day of July. A.D.1888.

Charles Hanawalt.


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County, ss. }

Personally appeared in open Court

William Fry and F.M. Marriott the subscribing wit=

=nesses to the last Will and Testament of Lucy Ann

Hanawalt, late of Liberty Township, in said Delaware

County, deceased; who being duly sworn according to

law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bear=

=ing date the 16" day of July. A.D. 1888, purporting

to be the last Will and Testament of Lucy Ann Han=

=awalt; now deceased, is the Will of said deceased Lucy

Ann Hanawalt, that they were present at the ex=

=ecution of said Will, and at the request of the Testa=

=trix, respectively subscribed their names to the same
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 296)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 296)

Description

[page 296]

[corresponds to page 230 of Delaware County Will Records Vol. 8 1887-1890]

230

Lucy Ann Hanawalt's Estate

as witnesses, in her presence; that they saw the said

Lucy Ann Hanawalt deceased, sign and seal said

Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Lucy

Ann Hanawalt at the time of making, signing and

sealing said Will, was of full age, of sound mind and

memory and not under any restraint.

William Fry

F.M. Marriott

Sworn to and subscribed by said witnesses, in open

Court, this 8" day of August. A.D. 1888.

N.F.Overturf

{Seal} Probate Judge


Journal Entry.

Aug. 8" 1888

In the Matter of the Will of

Lucy A Hanawalt, decd, Be it remembered, that hereto=

fore, to-wit: on the 31st day of

July. A D 1888, an instrument of writing, purporting to be

the last Will and Testament of Lucy A. Hanawalt

late of Liberty Township, in this County, deceased, was

produced in open Court for probate, and was then filed.

And now comes William Fry and F.M. Marriott

the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by them

respectively subscribed, and filed with said Will, where:

=upon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said

Lucy A. Hanawalt, deceased. That the same was

duly executed and attested; and that the said Testa=

=trix, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory and

not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to

probate, and that the same, together with the testi=

=mony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this

Court.

N. F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 297)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 297)

Description

[page 297]

[corresponds to page 231 of Delaware County Will Records Vol. 8

1887-1890]



231

Lucy A Hanawalt's Estate.

Copy of Will.


I, Lucy Ann Hanawalt wife of Charles Hana=

=walt being of sound and disposing mind and memory

and wishing while in the possession of all my

faculties to give direction as to my property and

estate, do on this 16th day of July, In The Year

of Our Lord 1888 make and publish this my last

Will and Testament.

That is to say . I wish all my just

debts if any, funeral expenses costs of last sickness

and costs of administration of my estate paid by

my Executor hereinafter named.


Second. I give devise and bequeath unto my sister Mary

J Fry in trust for the use and benefit of my

infant child and daughter Letta S. Hanawalt,

under the restrictions and limitations following

That is to say , I give and devise all my estate

of every kind and nature whether of Real personal

or mixed, of which I may die seized to my said sis=

=ter Mary J. Fry to be by her held in trust for

the said child Letta S. Hanawalt. providing said

child shall live and marry happily, but in case of

the death of said child Letta S Hanawalt or in

case of her unhappy marriage Then I will devise

and bequeath all and singular my estate to my broth=

=ers and sisters, and their heirs forever to be divided

equally between them. I have perfect and implicit

confidence in my said Sister Mary J. Fry and

believe she will faithfully carry out my wishes

and desires and I therefore leave the question as to

the time she shall turn over unto my said child

my estate and the propriety of doing so at all entirely

and solely to her expressing the wish however that if

said child shall live and become settled with a good and

kind husband, then I wish my said said estate to be

turned over to her to be hers and her heirs forever.

I direct that my said Sister be not required to give

bonds as said Trustee. In case of my decease I

wish my said Sister to have the custody care and edu=

=cation of my said child Letta S. Hanawalt, but in

case my said husband shall refuse to let this request

be carried out and shall take said child away from

my sister then I direct that no part of my estate shall

ever be taken or appropriated for the support of said child

while so living with my said husband and should he

or any one for him ever make any demand or claim

for the support of said child. Then and in that event

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 298)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 298)

Description

[page 298]

[corresponds to page 232 of Delaware County Will Records Vol. 8

1887-1890]

232
Lucy A. Hanawalt's Estate.

I will devise and bequeath all and singular my

estate in equal parts to my brothers and sisters and

their heirs forever.

I nominate, constitute and appoint my

affectionate brother Frank R. Fry Executor of this

my last Will, and I direct that he be not required

to give bonds as such and I direct that no appraise=

=ment or inventory of my personal property be had.

I direct that so soon as the same can be done

without material sacrifice after my decease That

my said Executor sell my real estate Consisting of

the farm of One Hundred Acres purchased by me

from Mary Carpenter April. 3rd 1888. a full descript=

=ion of which will be found in the deed for said land

as recorded in Vol. 92. page 9 of records of deeds of Del=

=aware County, and for that purpose I hereby authorize

my said Executor to sell said premises either at

public or private sale and deeds therefor to the purchaser

to execute and deliver as fully as I could if living,

and the proceeds thereof after the payment of all expens=

=es and debts and costs as hereinbefore provided for together

with the proceeds of all personal property and any mon=

=eys on hand, I direct that he pay over into my said

sister the said Mary J. Fry to be by her held and

controlled for the uses and purposes hereinbefore mentioned

and stipulated.

In Witness Whereof I hereunto set my

hand and seal and thereby acknowledge this to be my last

Will and Testament this 16 day of July. 1888.


Lucy A. Hanawalt

Signed and sealed by the said Lucy Ann Hanawalt

in our presence and by her acknowledged to be her

last Will and by signed as witnesses in her

presence and in the presence of each other and at her

request this 16th day of July. 1888.

William Fry

F.M. Marriott.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 299)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 299)

Description

[page 299]

[corresponds to page 233 of Delaware County Will Records Vol. 8

1887-1890]



233

David S. Ross' Will.

Journal Entry.

July 16" 1888

In the Matter of the Will of }

David S. Ross, Deceased. }

This day, an instrument of

writing, purporting to be the last Will and Testament of

David S. Ross, late of Orange Township, in this Coun=

=ty, deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof, and of

the application to admit the same to probate and record

be given to David M. Ross and James T. Ross, heirs

and next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing before

this Court on the 16th day of August. A.D. 1888, at

1 o'clock P.M. (Martha Ross, widow having waived

notice)

N.F. Overturf

Probate Judge.

Waiver.


I, the undersigned widow of the within named decedent, hereby

waive further notice, and consent to the probate of said Will.

Dated this 16 day of July. A.D. 1888.

Martha Ross.

Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County. ss.}

In the matter of the last Will and

Testament of David S. Ross, deceased.

To James T. Ross. & David M.

Ross:

You are hereby notified that on the 16" day of July. A.

D. 1888 an instrument of writing, purporting to be the last

Will and Testament of David S. Ross, late of Orange

Township, in said County, deceased. was produced in

open Court, and an application to admit the same to pro=

=bate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 16 day of August. A.D. 1888, at 1 o'clock P.M.

N.F. Overturf

{Seal} Probate Judge

Dated at Delaware Ohio, this 16" day of July. A.D.

1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 300)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 300)

Description

[page 300]

[corresponds to page 234 of Delaware County Will Records Vol. 8

1887-1890]

234
David S. Ross' Will.

Return.

The State of Ohio }

Delaware County.ss. } Martha Ross, being duly sworn, says

that on the 23rd day of July.

A.D. 1888 and on the 10th day of August. A.D. 1888,

she served the within notice by delivering a true copy there=

=of to the within named James T. Ross and David M.

Ross.

Martha Ross.

Subscribed in my presence and sworn to before me this

16" day of Aug. 1888.

N.F. Overturf

{Seal} Probate Judge


Testimony of C.L. Case.


In Probate Court } In the Matter of the proving the Last

Will

Delaware County. Ohio} and Testament of Daivd S. Ross,

Deceased.


The State of Ohio }

Delaware County.ss } C.L. Case being duly sworn and

examined as a witness in the above

entitled matter, says: I was present at the execution of

the instrument now shown to me, bearing date the

10th day of July. A.D. 1883. and offered for probate as

the last Will and Testament of David S. Ross, late

of Orange Township, in said County of Delaware, de-

=ceased, and saw the said David S. Ross, now deceased,

sign and seal said instrument, and heard him acknowl=

=edge the same to be his last Will and Testament, and

I, thereupon, at his request, and in his presence, sub=

=scribed my name to the same as a witness. The said

decedent, at the time of making, signing and sealing

said instrument, was of full age, of sound mind and mem=

=ory, and not under any restraint.

C.L. Case.

Sworn to and subscribed by said witness in open Court,

this 16" day of August, A.D. 1888

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

August. 16" 1888.

In the Matter of the Will of }

David S. Ross, Deceased. } Be it remembered, that

heretofore,

to-wit: on the 16" day of July.

A.D. 1888, an instrument of writing, purporting to be

the last Will and Testament of David S. Ross, late

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 301)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 301)

Description

[page 301]

[corresponds to page 235 of Delaware County Will Records Vol. 8

1887-1890]



235

David S. Ross' Will


of Orange Township, in this County, deceased, was

produced in open Court for probate, and was then filed.

And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will and

of the application to admit the same to probate and

record in this Court, has been given to David M.

Ross and James T. Ross, heirs and next of kin of

the Testator, resident of the State of Ohio, pursuant

to a former order of this Court;

therefore, on this day came C.L. Case one of the

subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation

of said Will. Which testimony was reduced to writ=

=ing, by him subscribed and filed with said Will.

Henry W. Skeels the other subscribing witness fail=

=ing to appear, this cause is continued until the

18" day of August. A.D. 1888.

N.F. Overturf

Probate Judge.

Testimony of Henry W. Skeels.


In Probate Court } In the Matter of proving the last Will

and

Delaware County Ohio.} Testament of David S. Ross. Deceased.


The State of Ohio }

Delaware County,ss. } Henry W. Skeels, being duly sworn

and examined as witness in the

above entitled matter, says: I was present at the execu=

=tion of the instrument now shown to me, bearing date

the 10th day of July A.D. 1883, and offered for probate as

the last Will and Testament of David S. Ross, late

of Orange Township, in said County of Delaware, deceased.

and saw the said instrument, and heard him acknowledge the

same to be his last Will and Testament; and I, there=

=upon, at his request, and in his presence, subscribed my

name to the same as a witness. The said decedent,

at the time of making, signing and sealing said instru=

=ment, was of full age, of sound mind and memory, and

not under any restraint.

Henry W. Skeels.

Sworn to and subscribed by said witness in open

Court, this 18" day of August. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 302)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 302)

Description

[page 302]

[corresponds to page 236 of Delaware County Will Records Vol. 8

1887-1890]

236

David S. Ross' Will.

Journal Entry.

August 18" 1888.

In the Matter of the Will of }

David S. Ross, deceased. }

This day came Henry W. Skeels,

the other subscribing witness to said Will, who being duly

sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing, by him

subscribed, and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said David S. Ross, deceased.

That the same was duly executed and attested; and that

the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had

therein, be entered of record in this Court.

N.F. Overturf

Probate Judge


Copy of Will


The Will of David Steel Ross

Lewis Center Ohio July 10th 1883.

I David S. Ross of Lewis Center Delaware County and

State of Ohio, By occupation a Blacksmith, make this

my last Will.

I give devise bequeath my estate and Property as follows

that is to say.

My Real Estate situated in Lewis Center Delaware

County Ohio I give to my wife Martha Ross, during

her life to have and to hold the above real estate situated

in the above Lewis Center Delaware County Ohio,

And after the death of my wife Martha Ross, it is

my will that the above real estate shall be divided e=

=qually between my sons David M. Ross and James T.

Ross, and my Daughter Persilla J. Lampher.

And I further require that my wife Marthia Ross shall

keep the said Property in good repair.

David S. Ross {Seal}

G.L. Case }

G.W. Ridgway } Witnesses.

Henry W. Skeels.}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 303)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 303)

Description

[page 303]

[corresponds to page 237 of Delaware County Will Records Vol. 8

1887-1890]



237

Solomon W. Spohn's Will

Journal Entry.

August 28 1888.

In the Matter of the Will of }

Solomon W. Spohn, decd } This day, an instrument

of writing, purporting to be

the last Will and Testament of Solomon W. Spohn,

late of Porter Township, in this County deceased, was

produced in open Court for Probate; On Consideration

Whereof, it is ordered that the said Will be filed in

this Court, and that due notice thereof, and of the appli=

=cation to admit the same to probate and record, be given

to M.S. Reynolds, one of the heirs of the Testator

resident of the State of Ohio, that said application

will be for hearing, before this Court on the 4th day of

September. A.D. 1888, at 10 o'clock A.M.,

Elizabeth H. Spohn, widow, and S.E. Carroll, heir of

said Testator, having waived the issuing of Notice

and consented to the probate of said Will.

N.F. Overturf

Probate Judge.

Waiver.

We, the undersigned widow and children of the within

named decedent, hereby waive further notice, and consent

to the probate of said Will.

Dated this 23rd day of June. A.D. 1888

Elizabeth H. Spohn, Widow

S.E. Carroll.

M.S. Reynolds. Dated this 4" Sept. 1888.


Probate of Will.

The State of Ohio } In Probate Court

Delaware County.ss.}

Personally appeared in open Court

John K. Haiden and William Penhorwood the subscrib=

=ing witnesses to the last Will and Testament of Solomon

W. Spohn, late of Porter Township in said Delaware

County, deceased, who being duly sworn according to law

to speak the truth, the whole truth and nothing but the

truth, in relation to the execution of said Will, depose and

say: That the paper before them bearing date the 24th

day of September. A.D. 1886, purporting to be the last

Will and Testament of Solomon W. Spohn now de=

=ceased, is the Will of said deceased Solomon W. Spohn,

that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 304)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 304)

Description

[page 304]


[corresponds to page 238 of Delaware County Will Records Vol. 8 1887-1890]


238

Solomon W. Spohn's Will,

their names to the same as witnesses, in his presence;

that they saw the said Solomon W. Spohn, deceased

sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that

the said Solomon W. Spohn at the time of making, sign=

=ing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

John K. Haiden

Wm Penhorwood.

Sworn to and subscribed by said witnesses, in open court

this 4th day of September. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge



Journal Entry.

Sept. 4 1888.

In the Matter of the Will }

of Solomon W. Spohn, decd } Be it remembered, that here=

tofore, to-wit: on the 28" day of

August. A.D. 1888, an instrument of writing, purporting

to be the last Will and Testament of Solomon W.

Spohn, late of Porter Township, in this County, deceased,

was produced in open Court for probate, and was then filed.

And it appearing to the Court that Elizabeth H. Spohn

widow, and S.E. Carroll and M.S. Reynolds the heirs and

next of kin of the Testator, resident of the State of Ohio,

have each waived notice and consented to the probate of

said Will, therefore on this day came John K. Haiden

and Wm. Penhorwood the subscribing witnesses to said

Will, who being duly sworn, testified to the due exe=

=cution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last

Will and Testament of said Solomon W. Spohn, deceased,

That the same was duly executed and attested; and that

the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testi=

=mony of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 305)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 305)

Description

[page 305]

[corresponds to page 239 of Delaware County Will Records Vol. 8

1887-1890]



239

Solomon W. Spohn's Will.

Copy of Will


I, S.W. Sphon of the Township of Porter and County

of Delaware and State of Ohio, do make and pub=

=lish this my last will and testament in manner

and form following.

That is to say,

Item 1 I give, devise, and bequeath to my beloved wife Eliza=

=beth H. Sphon, all my property both personal and

real, to have as her own, and so dispose of the same,

at her death, as she may see proper. She to pay

all my legal and just debts.

In witness whereof I have

hereunto affixed my hand and seal, as my last

will and testament this 24th day of September.

1886.

Solomon W. Spohn {Seal}

Signed and delivered in the presence of us, who have

subscribed in the presence of each other.

John K. Haiden } P.O.

William Penhorwood }

Centerburg O
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 306)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 306)

Description

[page 306]

[corresponds to page 240 of Delaware County Will Records Vol. 8

1887-1890]


240

4369 Richard Franklin's Estate.

Journal Entry.

August 29" 1888.

In the Matter of the Will of }

Richard Franklin, decd } This day, an instrument

of writing, purporting to be

the last Will and Testament, late of Scioto Town=

=ship, in this County, deceased, was produced in open

Court for Probate. On Consideration Whereof, it

is ordered that the said Will be filed in this Court,

and that due notice thereof, and of the application to ad=

=mit the same to probate and record, be given to Fanny

Burkepile and David Franklin heirs and next of

kin of the Testator, resident of the State of Ohio, that

said application will be for hearing before this Court

on the 8th day of September. A.D. 1888, at 10

o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County,ss.}

In the matter of the last Will

and Testament of Richard Franklin, decd

To Fanny Burke=

=pile and David W. Franklin:

You are hereby notified

that on the 29" day of August. A.D. 1888, an

instrument of writing, purporting to be the last Will

and Testament of Richard Franklin, late of Scioto

Township, in said County, deceased, was produced in

open Court, and an application to admit the same to

probate was on the same day made in said Court.

Said application will be for hearing before this Court

on the 8th day of September A.D. 1888 at 10 o'clock A.

M. N.F. Overturf

{Seal} Probate Judge.


Dated at Delaware Ohio, this 29th day of August

A.D. 1888.

Return

The State of Ohio }

Delaware County,ss. } A.W. Franklin being duly sworn

says that on the 8th day of Septem=

=ber. A.D. 1888, he served the within notice by delivering a

true copy thereof to the within named Fanny Burkepile

and David W. Franklin.

A.W. Franklin.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 307)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 307)

Description

[page 307]

[corresponds to page 241 of Delaware County Will Records Vol. 8

1887-1890]


241

Richard Franklin's Estate.

Subscribed in my presence and sworn to before me this

12th day of Sept. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

Sept. 8" 1888.

In the Matter of the Will }

of Richard Franklin, decd } On application of A.W. Frank=

lin, the hearing of said Will

is continued until Wednesday, the 12 day of Sept=

=ember. A.D. 1888. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.

Probate of Will.


The State of Ohio } In Probate Court

Delaware County,ss. }

Personally appeared in open Court

J.H. Hutton and W.C. Griffith the subscribing wit=

=nesses to the last Will and Testament of Richard

Franklin, late of Scioto Township in said Dela=

=ware County, deceased; who being duly sworn ac=

=cording to law, to speak the truth, the whole truth,

and nothing but the truth, in relation to the execution

of said Will, depose and say: That the paper before

bearing date the 25" day of June. A.D. 1888,

purporting to be the last Will and Testament of

Richard Franklin now deceased, is the Will of said

deceased Richard Franklin, that they were present

at the execution of said Will, and at the request of

the Testator, respectively subscribed their names to

the same as witnesses, in his presence; that they saw

the said Richard Franklin deceased sign said

Will, and heard him acknowledge the same to be

his last will and Testament, and that the said

Richard Franklin at the time of making and sign=

=ing said Will, was of full age, of sound mind and

memory, and not under any restraint.

J.H.Hutton

W.C. Griffith

Sworn to and subscribed by said witnesses, in open

Court, this 12th day of September. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 308)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 308)

Description

[page 308]

[corresponds to page 242 of Delaware County Will Records Vol. 8

1887-1890]


242

Richard Franklin's Estate

Journal Entry

Sept. 12" 1888

In the Matter of the Will of }

Richard Franklin, decd } Be it remembered, that here=

tofore, to-wit: on the 29th day

of August. A.D. 1888, an instrument of writing, pur=

=porting to be the last Will and Testament of Rich=

=ard Franklin, late of Scioto Township in this County

deceased, was produced in open Court for probate, and

was then filed. And, it now being shown to the

satisfaction of the Court, that due notice of the fil=

=ing of said Will, and of the application to admit

the same to probate and record in this Court, has

been given to Fanny Burkepile and David W.

Franklin, heirs and next of kin of the Testator,

resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came J.H.

Hutton and W.C. Griffith the subscribing wit=

=nesses to said Will, who being duly sworn, tes=

=tified to the due execution and attestation of said

Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Richard Franklin, deceased. That the same

was duly executed and attested; and that the said Tes=

=tator, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and

not under any restraint. It is, therefore, by the court

ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of

of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will.


The last Will and Testament of Richard Franklin,

On this twenty fifth day of June. A.D. 1888, I

Richard Franklin do make and publish this my

last Will and Testament.

Item 1st I will and devise and do hereby give to Arad W.

Franklin the Eight Hundred Dollars which is now

in his hands and for said amount I hold his the said

A.W. Franklin promissory note dated the 8th day of
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 309)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 309)

Description

[page 309]


[corresponds to page 243 of Delaware County Will Records Vol. 8

1887-1890]



243

Richard Franklin's Will

March 1887, & calling for Eight Hundred Dollars,

due one year after date at 6 pr inst said note being

secured by mortgage on the said A.W. Franklins

present homestead in the Village of Ostrander, Del=

=aware County, O. After my decease - the said

A.W. Franklin is hereby authorized to cancel the

same.

In testimony whereof I have set my signature

this 25 day of June. 1888.

Richard Franklin.

Signed by said Richard Franklin in our presence

& signed by us as witnesses in his presence.

J.H. Hutton

W.C.Griffith
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 310)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 310)

Description

[page 310]

[corresponds to page 244 of Delaware County Will Records Vol. 8

1887-1890]


244
Joshua Klein's Will

Journal Entry.

Sept. 19" 1888.

In the Matter of the Will }

of Joshua Klein, decd } This day, an instrument of

writing, purporting to be the

last Will and Testament of Joshua Klein, late of Del=

=aware Township, in this County, deceased, was produced

in open Court for Probate, On Consideration Whereof,

it is ordered that the said Will be filed in this Court

And thereupon came Isabella Stout - Benjamin

H. Klein and Permelia Olmsted heirs of the Testator,

resident of the State of Ohio, and in writing, each

waived further notice and consented to the probate of said

Will; therefore, came Harvey J. McCullough and

Jno. E McCullough, the subscribing witnesses to said

Will, who being duly sworn, testified to the due ex=

=ecution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will

and Testament of said Joshua Klein, deceased, That

the same was duly executed and attested; and that

the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and memory

and not under any restraint. It is, therefore, by the Court

ordered that the Will be admitted to probate and

that the same, together with the testimony of the witness=

=es above named, as well as the proceedings had thereon

be entered of record in this Court.

N.F. Overturf

Probate Judge


Waiver.

We, the undersigned next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of

said Will

Dated this 19" day of September. A.D. 1888.

Isabella Stout

Benjamin H. Klein

Permelia Olmsted.


Probate of Will.


The State of Ohio } In Probate Court

Delaware County,ss. }

Personally appeared in open Court

Harvey J. McCullough and Jno E.McCullough the

subscribing witnesses to the last Will and Testament of

Joshua Klein, late of Delaware Township in said Del=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 311)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 311)

Description

[page 311]

[corresponds to page 245 of Delaware County Will Records Vol. 8

1887-1890]


11:14 AM 3/3/2016

245

Joshua Klein's Will


=aware County, deceased; who being duly sworn according

to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will,

depose and say: That the paper before them bearing date

the 29" day of May. A.D. 1888. purporting to be the

last Will and Testament of Joshua Klein now de=

=ceased, is the Will of said deceased Joshua Klein,

that they were present at the execution of said Will, and

at the request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence; that

they saw the said Joshua Klein deceased sign and

seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said

Joshua Klein at the time of making, signing and seal=

=ing said WIll, was of full age, of sound mind and

memory, and not under any restraint.

Harvey J.McCullough

Jno. E. McCullough

Sworn to and subscribed by said witnesses, in open

Court, this 19" day of Sept. A.D. 1888.

N. F. Overturf

{Seal} Probate Judge.


Copy of Will.


In the name of the Father, Son and Holy Ghost, I. Joshua

Klein, being in ill health, but of sound and disposing mind

and memory, do make this my last will and testament.

I give my soul and body to almighty God who gave

them and pray Him to be the Protector and Defense of my

children, as He has been to me.

I desire to be buried by the side of the mortal remains

of my sainted wife, on my lot in Oak Grove Cemetery.

and further, that a suitable tomb stone, (costing about $60.)

be erected on said lot if not put up by myself.

I direct that all the expenses incurred by my death

and burial, together with the cost of the tomb stone aforesaid,

be paid out of two notes which I hold against B.H. and

Minerva Klein, and which fall due on April.1. 1888 and

April 1. 1889 respectively. Should there be a balance left

on these notes, after these expenses are paid, I direct that

such balance be divided equally among my four children

Isabella Stout, Jacob L. Klein, B.H. Klein, and

Permelia Brown.

As to the remainder of my worldly estate and all the prop=

=erty, real and personal, of which I shall die seized and pos=

=sessed. I devise, bequeath and dispose thereof in the manner

following, to-wit:

I give and bequeath to my daughter, Isabella Stout,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 312)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 312)

Description

[page 312]

[corresponds to page 246 of Delaware County Will Records Vol. 8

1887-1890]


246

Joshua Klein's Will

all my furniture and household goods, and also two notes which

I hold against B.H. and Minerva Klein, falling due on April

1, 1890, and April. 1. 1891. respectively, to be for the sole use of

herself and her children.

I give and bequeath to my son, Jacob L. Klein, the remain:

=ing three notes which I hold against B. H. and Minerva

Klein, falling due on April. 1. 1892. April 1. 1893. and April 1.

1894, respectively.

I give and bequeath to my two daughters, Isabella Stout

and Pirmilia Brown, my house and lot situated on Henry

St. in the City of Delaware, the deed of which my exec=

=tor, hereinafter named, shall take, and have the same record:

=ed, and handed over to my two daughters aforesaid.

It is my desire and request that, as soon after

my decease as shall be deemed convenient and proper, my

heirs herein named shall without any process of law, make

an amicable and peaceable disposition of my property

according to the provisions and directions of this my last

will and testament. Should they, or any of them, refuse to

accede to this request, my executor, hereinafter named,

shall proceed with this instrument according to law.

And lastly I do appoint my son Jacob L.

Klein, to be the executor of this my last will and testa=

=ment.

In testimony whereof, I, the said Joshua Klein

have to this my last will and testament subscribed my

name and affixed my seal this 29th day of May, in

the year of our Lord one thousand eight hundred and

eighty eight.

Joshua Klein. {Seal}

Signed, sealed and declared by the said Joshua Klein

as his last will and testament in the presence of us,

who, at his request and in his presence and in the pres=

=ence of each other, have subscribed our names as witness

=es thereto.

Harvey J. McCullough

Jno. E. McCullough
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 313)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 313)

Description

[page 313]

[corresponds to page 247 of Delaware County Will Records Vol. 8

1887-1890]



247

James Lampman's Will.

Journal Entry.

October 9 1888.

In the Matter of the Will

of James Lampman. Decd

This day, an instrument of

writing, purporting to be the last Will and Testament

of James Lampman, late of Berkshire Township, in

this County, deceased, was produced in open Court

for Probate; On Consideration Whereof, it is order=

:ed that the said Will be filed in this Court.

And the hearing of said Will is set for the 15 day

of October. A.D. 1888. at 11 o'clock A.M.

N.F. Overturf

Probate Judge.


Waiver.

I, the undersigned widow of the within named decedent

hereby waive further notice, and consent to the probate

of said Will.

Dated this 15 day of October. A.D.1888.

Mary Lampman




Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court

George J. Roberts and Arthur W. Neilson the subscrib=

=ing witness to the last Will and Testament of James

Lampman late of Berkshire Township in said Delaware

County, deceased; who being duly sworn according to law,

to speak the truth, the whole truth and nothing but the

truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the

1st day of October A.D. 1888, purporting to be the last

Will and Testament of James Lampman now deceased,

is the Will of said deceased, James Lampman.

that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his presence;

that they saw the said James Lampman deceased, sign

and seal said Will and heard him acknowledge the

same to be his last Will and Testament, and that the

said James Lampman at the time of making, signing

and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint..

George J. Roberts

Arthur W. Neilson.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 314)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 314)

Description

[page 314]

[corresponds to page 248 of Delaware County Will Records Vol. 8

1887-1890]

248

James Lampman's Will

Sworn to and subscribed by said witnesses, in open

Court, this 15 day of October. A.D.1888.

N.F. Overturf

{Seal} Probate Judge,




Journal Entry.

October 15 1888.

In the Matter of the Will of

James Lampman, decd

Be it remembered, that

heretofore

to-wit: on the 9 day of October. A.D.1888, an instrument

of writing, purporting to be the last Will and Testament

of James Lampman, late of Berkshire Township, in

this County, deceased, was produced in open Court for

probate, and was then filed. And, it now appearing that

Mary A. Lampman, widow of said Testator, has in

writing, waived further notice, and consented to the pro=

=bate of said Will, there being no next of kin resident

of the State of Ohio, - Therefore, on this day, came

George J. Roberts and Arthur W. Neilson the sub=

=scribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will, where:

=upon the Court finds that the aforesaid instrument of writing

is the last Will and testament of said James Lampman,

deceased. That the same was duly executed and attested;

and that the said Testator, at the time of making, sign=

=ing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint. It is, there:

=fore, by the Court ordered, that the said Will be admit:

=ted to probate, and that the same, together with the testi=

=mony of the witnesses above named, as well as the pro:

:ceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will.


In the name of the Benevolent Father of All, I

James Lampman of Berkshire Township. Delaware

County Ohio, do make and publish this my last will

and testament.

First. It is my will that my just debts and all charg:

=es be paid out of my estate.

I give and devise all the residue of my estate in:

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 315)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 315)

Description

[page 315]

[corresponds to page 249 of Delaware County Will Records Vol. 8

1887-1890]


249

James Lampman's Will

=cluding the farm on which we now reside Situate

in Berkshire Township. Delaware County and State

of Ohio and known as being in Range 17. Township

4. Section 2. Lot No 6. Containing one hundred and fif=

=ty five and 3/4 acres of land and is the same land con=

=veyed by James Guiley by Deed to the said James Lamp:

=man on the 21st day of April. 1866. and Recorded June

14 1866 in Delaware County Records. Volume 54.

Page 459. to which reference is made. for greater certain=

=ty, and also a tract of 3/4 of an acre in said Township

and County. Range and Section and is a part of

lot five and was conveyed by Deed from Thacker W.

Hedges to said James Lampman on March 21 1874

and Recorded March 25 1874. in Delaware Coun:

=ty Records Vol. 66. Page 205. to Mary A. Lampman

my beloved wife.

I do hereby nominate and appoint the said Mary A.

Lampman. Executrix of this my last will and testament

hereby authorizing and empowering her to compromise,

adjust release and discharge in such manner as she

may deem proper that debts and claims due me,

I do also authorize and empower her if it shall become

necessary in order to pay my debts to sell by private

sale or in such manner. upon such terms of credit or

otherwise as she may think proper all or any part of

my real estate and deeds to purchasers to execute

acknowledge and deliver in fee simple.

I desire that no appraisement and no sale of my

personal property be made but that my Executrix be,

authorized to dispose of the same as she may deem best

and that she be not required to give bond.

In testimony hereof,

I have hereunto set my hand and seal this first

day of October in the year 1888.

James Lampman {Seal}


Signed and acknowledged by said James Lampman -

as his last will and testament in our presence and signed

by us in his presence.

George J. Roberts

Arthur W. Neilson
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 316)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 316)

Description

[page 316]

[corresponds to page 250 of Delaware County Will Records Vol. 8

1887-1890]

250

Isaac Vansickle's Will

4398 Journal Entry.

October. 12 1888.

In the Matter of the Will of }

Isaac Vansickle, deceased, } This day an instrument of

writing, purporting to be the

last Will and Testament of Isaac Vansickle, late of

Kingston Township, in this County, deceased, was pro:

=duced in open Court for Probate ; On Consideration

Whereof, it is ordered that the said Will be filed in this

Court, and that due notice. thereof , and of the application

to admit the same to probate and record, be given to Mary

A. Vansickle his widow, and A. A. Vansickle and Ber:

=tie L. Brown heirs and next of kin of the Testator, resi:

=dent of the State of Ohio, that said application will

be for hearing before this Court on the 18 day of Octo:

=ber. A.D. 1888, at 10 o'clock A.M.

M.D. Vansickle heir of said Testator, this day waived

notice, and consented to the probate of said Will.

N.F. Overturf

Probate Judge.


Waiver.

We, the undersigned, next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 12 day of October. A.D.1888


Notice to Heirs.


The State of Ohio In Probate Court.

Delaware County.ss.

In the matter of the last Will and

Testament of Isaac Vansickle, deceased.

To A. A. Vansickle_ Bertie L.

Brown and Mary A. Vansickle.

| You are hereby notified that on the

12 day of October. A.D. 1888, an instrument of writing

purporting to be the last Will and Testament of Isaac

Vansickle late of Kingston Township, in said County.deceased,

was produced in open Court, and an application to admit

the same to probate was on the same day made in

said Court. Said application will be for hearing before

this Court on the 18 day of October . A.D. 1888, at

10 o'clock A.M.,

N.F. Overturf

{Seal} Probate Judge,


Dated at Delaware Ohio, this 12 day of October. A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 317)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 317)

Description

[page 317]

[corresponds to page 251 of Delaware County Will Records Vol. 8

1887-1890]



251

Isaac Vansickle's Will

Return.


The State of Ohio

Delaware County .ss M.D. Vansickle being duly sworn

says that on the 12 day of

October A.D. 1888. he served the within notice by

delivering a true copy thereof to the within named

A.A. Vansickle, and on the 13 day of October A.D.

1888, he served the within notice by delivering a true

copy thereof to the within named Bertie L. Brown and

Mary A. Vansickle.

M.D. Vansickle

Subscribed in my presence and sworn to before me,

this 18 day of Oct. 1888.

N.F. Overturf

{Seal} Probate Judge


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County ,ss. }

Personally appeared in open Court

W.H. Maxwell and J.C. Wood. the subscribing witness

to the last Will and Testament of Isaac Vansickle

late of Kingston Township in said Delaware County

deceased; who being duly sworn according to law, to

speak the truth, the whole truth, and nothing but

the truth, in relation to the execution of said Will,

depose and say: That the paper before them bearing

date the 26 day of May. A.D. 1888. purporting to be

the last Will and Testament of Isaac Vansickle now

deceased, is the Will of said deceased Isaac Vansickle,

that they were present at the execution of said Will.

and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his presence;

that they saw the said Isaac Vansickle deceased

sign and seal said Will, and heard him acknowledge

the same to be his last will and Testament, and that

the said Isaac Vansickle at the time of making,

signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

W.H. Maxwell

J.C. Wood.

Sworn to and subscribed by said witnesses, in open

Court, this 18 day of October . A.D. 1888

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 318)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 318)

Description

[page 318]

[corresponds to page 252 of Delaware County Will Records Vol. 8

1887-1890]

252
Isaac Vansickle's Will

Journal Entry.

October 18 1888

In the Matter of the Will of }

Isaac Vansickle, deceased, }

Be it remembered, that here=

:tofore , to-wit: on the 12 day of

October. A.D. 1888. an instrument of writing, purporting

to be the last Will and Testament of Isaac Vansickle

late of Kingston Township, in this County, deceased, was

produced in open Court for probate , and was then filed.

And, it now being shown to the satisfaction of the Court,

that due notice of the filing of said Will, and of the

application to admit the same to probate and record in

this Court, has been given to Mary A. Vansickle his

widow and A.A. Vansickle and Bertie L. Brown.

heirs and next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court.

therefore, on this day came W.H. Maxwell and J.C.Wood

the subscribing witnesses to said Will, who being duly

sworn testified to the due execution and attestation of

said Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said Will.

Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Isaac

Vansickle, deceased. That the same was duly executed

and attested, and that the said Testator, at the time

of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any

restraint. It is, therefore, by the Court ordered that

the said Will be admitted to probate, and that the

same, together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered

of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will.


In the name of the Benevolent

Father of all Amen

I Isaac Vansickle being of full

age and sound mind do make and publish this my

last will and testament.

Item 1 I will that my funeral expenses and the expenses of my

last sickness be paid out of any money or other property that

I may have on hand at the time of my decease.

Item 2 I will that a respectable monument be erected suitable

for both myself and my wife at my grave.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 319)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 319)

Description

[page 319]


[corresponds to page 253 of Delaware County Will Records Vol. 8

1887-1890]



253

Isaac Vansickle's Will

Item 3 I will that a decent but not expensive monument

be erected at the graves of my Father and Mother Elias

& Hannah Vansickle.

Item 4 After the above I will and bequeath to my wife Mary

A. Vansickle all the residue of my property, both

real and personal to have to use and control during the

period of her natural life and she is hereby empowered

to settle all claims for or against my estate collect

any monies or dispose of any property as she may think

best without any letters of administration or bonds or

appraisement whatever.

Item 5 After the decease of my wife then whatever property

remains to be devided according to law among my

legal representives.

As witness my hand this 26th

day of May . A.D. 1888.

Isaac Vansickle.

Signed and acknowledged as his last will and testa:

=ment by the said Isaac Vansickle in our presence

and signed by us in his presence.

W.H. Maxwell.

J.C. Wood.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 320)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 320)

Description

[page 320]

[corresponds to page 254 of Delaware County Will Records Vol. 8

1887-1890]

254

Nudeget J. Callaher's Will

Journal Entry.

October 30 1888.

In the Matter of the Will of

Nudeget J. Galleher, deceased.

This day an instrument of writing

purporting to be the last Will and Testament of Nudeget J.

Galleher, late of Delaware City, in this County, deceased.

was produced in open Court for probate , On consideration where:

of, it is ordered that the said Will be filed in this Court.

And thereupon came Eliza Galleher, widow of said Testa=

:tor, and Leroy K. Galleher and Annie B. Galleher, only heirs

of said Testator, and in writing, waived further notice and

consented to the probate of said Will. And the hearing

for the proving of said Will is set for Wednesday the 31st

day of October. A.D. 1888, at 10 o'clock A.M.

N.F. Overturf

Probate Judge.

Waiver.

We, the undersigned heirs & widow of the within named

decedent, hereby waive further notice, and consent to the imme=

=diate probate of said Will.

Dated this 30 day of October.A.D.1888.

W.F. Galleher Annie B. Galleher

Leroy K. Galleher May G. Wolfley

Eliza Galleher Willard Galleher .

Probate of Will.

The State of Ohio In Probate Court.

Delaware County,ss.

Personally appeared in open Court Wm

Hollenbaugh and J. Hipple the subscribing witnesses to

the last Will and Testament of Nudeget J. Galleher .

late of Delaware Township in said Delaware County, de:

: ceased; who being duly sworn according to law, to speak

the truth, the whole truth, and nothing but the truth, in re=

=lation to the execution of said Will, depose and say: That the

paper before them bearing date the 22 day of May . A.D 1876.

purporting to be the last Will and Testament of Nudeget J.

Galleher now deceased, is the Will of said deceased Nude:

=get J. Galleher, that they were present at the execution of

said Will, and at the request of the Testator, respectively

subscribed their names to the same as witnesses, in his

presence; that they saw the said Nudeget J. Galleher de:

=ceased sign and seal said Will, and heard him acknowl=

=edge the same to be his last will and Testament, and that
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 321)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 321)

Description

[page 321]

[corresponds to page 255 of Delaware County Will Records Vol. 8

1887-1890]



255

Nudeget J. Galleher's Will

the said Nudeget J. Galleher at the time of making.

signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint .

Wm Hollanbaugh

J. Hipple

Sworn to and subscribed by said witnesses, in open Court,

this 31st day of October. A.D.1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

October 31st 1888

In the Matter of the Will of

Nudeget J. Galleher, deceased Be it remembered, that

heretofore,

to-wit: on the 30th day of

October.

A.D. 1888, an instrument of writing, purporting to be the last

Will and Testament of Nudeget J. Galleher, late of Delaware

City ,in this County, deceased, was produced in open Court

for probate, and was then filed. And, it now being shown to

the satisfaction of the Court that the widow and all of the heirs

of said Testator have waived notice and consented to the probate

of said Will; therefore, on this day. at 10 o'clock A.M., came

Wm Hollanbaugh and J. Hipple the subscribing witnesses

to said Will, who being duly sworn, testified to the due exe=

=cution and attestation of said Will. Which testimony was

reduced to writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that the afore=

=said instrument of writing is the last Will and Testament

of said Nudeget J. Galleher, deceased. That the same was

duly executed and attested; and that the said Testator, at

the time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will be

admitted to probate, and that the same, together with the

testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge



Copy of Will.

In the name of the Benevolent Father of All I N. J. Galleher

of the City of Delaware Ohio do make and publish this my

last will and Testament.

Item 1 I give and devise to my beloved wife after the payment

of all

just debts) All of my Real Estate and personal proper=

=ty of every description to be hers absolutely so long as she re=

=mains my widow. If my wife should again marry then

and in that case I give and devise to her the one third part of
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 322)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 322)

Description

[page 322]

[corresponds to page 256 of Delaware County Will Records Vol. 8

1887-1890]

256

Nudeget J. Galleher's Will

all my Real Estate and personal property of every kind and de=

=scription to be hers absolutely The above bequest is made in lieu

of her dower and years support and if my wife should again mar=

:ry then I desire and it is my will that all of said property real

and personal shall be sold by my Executors at public or private

sale as they deem best and the one third part as aforesaid be giv=

=en to my wife. And it is my will that my wife before

her marriage or so long as she remains my widow shall have

full control and authority to sell dispose of or use said Real &

personal property as she deems best for her support.

Item 2 If my wife should again marry Then it is my will and

I give and devise to her as aforesaid the one third part of my

Real Estate and personal property aforesaid. And the remaining two

thirds part I give and devise to my children Leroy K. Galleher.

William Franklin Galleher. Mrs. May Wolfley and Willard

Galleher and Annie Blanche Galleher & their heirs forever to

be equally divided between them.

Item 3 If my wife remains my widow until her death then I give

& devise to my children aforesaid to be equally divided between

them All the Real Estate and personal property aforesaid of

every description remaining at her death to them and their heirs

forever.

Item 4 I hereby nominate and appoint Leroy K Galleher and

William

Franklin Galleher Executors of this my last Will and Testa=

:ment authorizing & empowering them to do all and every act and

thing necessary for carrying out the provisions of this Will.

and I desire that no appraisement of my property shall be made

and no sale thereof shall be made so long as my wife remains

my widow unless by her direction but at her remarriage or death

then that my Executors sell the Real Estate & personal property

aforesaid to be divided as aforesaid and I request the Probate

Court to direct the omission of the appraisement of my property

aforesaid And full power is given to my executors to execute

& deliver to purchasers good & sufficient deeds to said Real Es=

=tate. In witness whereof I have hereunto set my

hand and seal this 22nd day of May A.D.1876.

Nudeget J. Galleher. {Seal}

Signed and acknowledged by said

N. J. Galleher as his last will

and testament in our presence and

signed by us in his presence.

Wm. Hollanbaugh.

J. Hipple.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 323)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 323)

Description

[page 323]

[corresponds to page 257 of Delaware County Will Records Vol. 8

1887-1890]



257

Margaret E. Bunyan's Will.

Journal Entry

November. 12 1888.

In the Matter of the Will of

Margaret E. Bunyan, decd

This day, an instrument of

writing, purporting to be the last Will and Testament of

Margaret E. Bunyan, late of Delaware City, in this Coun=

=ty, deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will be filed

in this Court. - And thereupon came William Bunyan,

only heir of said Testatrix, resident of the State of Ohio,

and in writing, waived further notice and consented to the probate

of said Will. And the hearing for the proving of said Will

is set for Tuesday ,the 13th day of November. A.D.1888, at 2

o'clock P.M.

N.F. Overturf

Probate Judge.


Waiver

I the undersigned, brother & heir of the within named dece=

=dent, hereby waive further notice, and consent to the probate

of said Will.

Dated this 12 day of November. A.D.1888.

William Bunyan .

Journal Entry.

November 15 1888.

In the Matter of the Will of

Margaret E. Bunyan. decd

The witnesses to said Will fail=

=ing to appear, on motion of William Bunyan, this hearing

is continued until Wednesday the 14 day of November.A.

D. 1888, at 10 o'clock A.M

N.F. Overturf

Probate Judge.


Probate of Will.

The State of Ohio In Probate Court

Delaware County,ss.

Personally appeared in open Court Dav=

=id Rutledge and Henry J. Eaton, the subscribing witnesses to

the last Will and Testament of Margaret E. Bunyan, late of

Delaware City, in said Delaware County, deceased; who being

duly sworn according to law, to speak the truth, the whole truth,

and nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bearing date

the 14th day of August. A.D.1888, purporting to be the last Will

and Testament of Margaret E. Bunyan now deceased, is the Will of

said deceased, Margaret E. Bunyan, that they were present at the

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 324)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 324)

Description

[page 324]

[corresponds to page 258 of Delaware County Will Records Vol. 8

1887-1890]


258

Margaret E. Bunyan's Estate.

execution of said Will, and at the request of the Testatrix, re:

=spectively subscribed their names to the same as witnesses, in

her presence; that they saw the said Margaret E. Bunyan

deceased, sign and seal said Will, and heard her acknowledge

the same to be her last Will and Testament, and that the said

Margaret E. Bunyan, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not

under any restraint.

David Rutledge

Henry J. Eaton.

Sworn to and subscribed by said witnesses, in open Court, this 14

day of November. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

November 14 1888.

In the Matter of the Will of

Margaret E. Bunyan. decd Be it Remembered, that hereto:

=fore, to-wit: on the 12th day of

November. A.D. 1888, an instrument of writing, purporting to be

the last Will and Testament of Margaret E. Bunyan, late

of Delaware City, in this County, deceased, was produced in

open Court for probate, and was then filed.William Bunyan

only heir of said Testatrix, resident of the State of Ohio, having

waived service and consented to the probate of said Will, therefore,

on this day came David Rutledge and Henry J. Eaton the

subscribing witnesses to said Will, who being duly sworn,testi=

=fied to the due execution and attestation of said Will. Which

testimony was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testament

of said Margaret E. Bunyan, deceased. That the same was

duly executed and attested; and that the said Testatrix, at the

time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will be ad:

=mitted to probate, and that the same, together with the testi:

=mony of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge


Copy of

The Last will and Testament of Miss Margaret E. Bun=

=yan of the City of Delaware Ohio,

In the Name of the Benevolent

Father of All: I, the said Margaret E. Bunyan, being


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 325)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 325)

Description

[page 325]

[corresponds to page 259 of Delaware County Will Records Vol. 8

1887-1890]



259

Margaret E. Bunyan's Will.

of sound and disposing mind and memory, considering the uncer:

=tainty of continuance in life, and desiring to make such dis=

=position of my worldly estate as I deem best, do make, pub=

=lish and declare, this to be my last will and testament;

hereby revoking and annulling any and all former will or wills

whatsoever by me made.

Item First I desire all my just debts and funeral expenses

to be paid, as

soon as possible after my decease, by my executor hereinafter nam:

=ed, & out of money on hand or that may be owing me at my decease.

Item Second I give and bequeath to my beloved niece Mrs. Beatrice E.

Hartzell wife of John A. Hartzell of the City of Chicago, Illinos,

all her indebtedness to me at the time of my decease, & all notes

accounts claims & demands of any & every kind whatsoever which

I may then have against her.

Item Third I give and bequeath to my beloved nephew, George D. Bunyan,

of Yellow Springs Ohio, all that he may be owing to me at

my decease, in whatsoever form the same may then be in.

Item Fourth I give & bequeath to my beloved nephew James B.

Garrison,

now residing in the State of Texas, the sum of Five Hundred

Dollars, in addition to the several sums, which I have here:

=tofore at several times given to him.

Item Fifth I give & bequeath to my beloved nieces Miss Emma Frances

Bunyan & Miss Nellie A. Bunyan daughters of my broth:

=er William Bunyan of the City of Delaware Ohio, all my wear:

=ing apparel, ornaments, household goods and furniture, books & pictures

to be divided by them between themselves as they may see proper.

Item Sixth I give & bequeath to the said Emma Frances

Bunyan, all the remain=

=der of my estate & property, not in this will hereinbefore otherwise

disposed of & in whatsoever form the same may be in at my de=

=cease, to be hers absolutely.

I nominate and appoint my kind & worthy Brother the said

William Bunyan of the City of Delaware Ohio to be the execu=

=tor of this Will & request that he shall not be required to give

any bond as said Executor or to have made any inventory of ap=

=praisement of my estate, or sale thereof.

In Witness Whereof, I have here=

=unto set my hand and seal this fourteenth day of August, in

the year eighteen hundred and eighty eight.

Margaret E. Bunyan {Seal}

Signed, sealed, and acknowledged, by said Margaret E. Bunyan

as and for her last will and testament, in our presence, and sub=

=scribed and attested by us, as witnesses, in her presence, and at

her request.

David Rutledge

Henry J. Eaton.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 326)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 326)

Description

[page 326]

[corresponds to page 260 of Delaware County Will Records Vol. 8 1887-1890]

260

Emilia Landon's Will

4 4 16 Journal Entry.

November 16 1888.

In the Matter of the Will of

Emilia Landon, deceased.

This day an instrument of

writing, purporting to be the last Will and Testament of Emi=

=lia Landon, late of Trenton Township, in this County, deceased,

was produced in open Court for Probate; On Consideration

Whereof, it is ordered that said Will be filed in this Court.

And thereupon came J.P.Landon and John Landon only

heirs of said Testatrix, resident of the State of Ohio, and in

writing, waived further notice and consented to the probate of

said Will , and afterward came Margaret J. Knox and Fannie

A. Blakely, the subscribing witnesses to said Will, who being

duly sworn testified to the due execution and attestation of

said Will. Which testimony was reduced to writing by them

respectively subscribed, and filed with said Will, whereupon

the Court finds that the aforesaid instrument of writing is the

last Will and Testament of said Emilia Landon, deceased.

That the same was duly executed and attested; and that the

said Testatrix, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court ordered, that

the said Will be admitted to probate, and that the same, to=

=gether with the testimony of the witnesses above named, as

well as the proceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge


Waiver.

We, the undersigned only heirs of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 16 day of November. A. D. 1888.

J. P. Landon

John Landon.


Probate of Will.


The State of Ohio In Probate Court.

Delaware County .ss

Personally appeared in open Court

Margarent Knox. and Fannie A. Blakely, two of the

subscribing witnesses to the last Will and Testament of

Emilia Landon. late of Trenton Township in said Dela:

=ware County, deceased; who being duly sworn according to

law, to speak the truth, the whole truth, and nothing but

the truth, in relation to the execution of said Will, depose

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 327)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 327)

Description

[page 327]

[corresponds to page 261 of Delaware County Will Records Vol. 8 1887-1890]

261

Emilia Landon's Will

and say: That the paper before them bearing date the

2 day of October. A.D. 1884. purporting to be the last

Will and Testament of Emilia Landon, now deceased, is

the Will of said deceased Emilia Landon, that they

were present at the execution of said Will, and at the re=

=quest of the Testatrix, respectively subscribed their names

to the same as witnesses, in her presence; that they saw

the said Emilia Landon, deceased, sign and seal said

Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Emilia

Landon at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and

not under any restraint.

Margaret J. Knox

Fannie A. Blakely

Sworn to and subscribed by said witnesses, in open

Court, this day of November, A.D.1888.

N.F. Overturf

{Seal} Probate Judge


Copy of Will


In the name of the Benevolent Father of All; I

Emilia Landon of Trenton Township. Delaware County,

Ohio do make and publish this my last Will and

Testament.

Item 1 I give and devise to my sons John Landon and Joseph

P. Landon during their natural life all my property

both personal and real share and share alike and to the

heirs of their bodies; but in case my said sons dies

without issue of their bodies then my said property both

personal and real goes to the following persons in the

following portions, to-wit: Elizabeth Farver-Jane

Walker Joseph Patrick Thomas Patrick and Sarah

Frederick they to share and share alike all of the one

fourth of my said property, and one fourth of all my property

both personal and real goes to the children of my sister Betsy

Rooney, deceased, Eugene Rooney and Luella Whitney

they to share said 1/4 of my property share and share alike;

and one fourth of all my property both personal and real goes

to the children of my sister Zernah Grist, Alyda Roberts

and Jenna Barkus they to share and share said 1/4 of

my property alike; and one fourth of all my personal and

real property goes to the children of my Niece Lenora Wilcox

deceased. George Earnest Frederic K. Gardner Mary and

Anne they to share and share alike said 1/4 of said property.

I further provide that in case one of my said sons has
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 328)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 328)

Description

[page 328]

[corresponds to page 262 of Delaware County Will Records Vol. 8 1887-1890]

262

Emilia Landon's Will

heirs of his body and one dies without issue of his body,

then all the share of the deceased heretofore devised goes to

the surviving son who has living heirs the issue of his body.

I also further provide that my sons have power and authority

to sell and convey my real estate and personal property and have

all the rents and profits of the same but they must be an

account for the money said real estate and personal property

is worth to the above named devisees not adding any interest

provided my said sons both dies without issue of their

bodies and also in case one of my said sons dies without

issue the surviving son has the use and control of the deceased

share of my said real and personal property during his natur:

=al life if he has no heirs of his body.

Item 2 I do hereby nominate and appoint Joseph Patrick Execu=

=tors of this my last will and testament

I do hereby revoke all former wills by me made.

In testimony hereof

I have hereunto set my hand and seal this second day

of October. A.D. 1884.

Emilia Landon {Seal}


Signed and acknowledged by

said Emilia Landon as her

last will and testament in

our presence and signed by us

in her presence.

C. C. Brooks

Margaret J. Knox

Fannie A. Blakely.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 329)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 329)

Description

[page 329]

[corresponds to page 263 of Delaware County Will Records Vol. 8 1887-1890]

263

E. H. Dent's Will

Journal Entry.

November 23 1888.

In the Matter of the Will

of E.H. Dent, deceased.

This day, an instrument of writing,

purporting to be the last Will and Testament, and Codicil

thereto, of E.H. Dent, late of Trenton Township, in this County,

deceased, was produced in open Court for Probate; On Considera:

=tion Whereof, it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to admit

the same to probate and record, be given to Rebecca Walkerr

Dent, his widow, and Celia H. Miller _ Florence M. Hempsted _

Ida J. Wagner - Emma C. Dent and George E. Dent heirs

and next of kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before this Court on

the 28 day of November. A.D. 1888, at 1 o'clock P.M.

Frank P. Dent having waived notice and consented to the

probate of said Will, no notice was issued to him.

N.F. Overturf

Probate Judge.


Waiver.

I, the undersigned, one of the heirs of the within named

decedent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 23 day of November. A.D.1888.

F.P. Dent.


Notice to Heirs.


The State of Ohio In Probate Court.

Delaware County.ss.

In the matter of the last Will and

Testament of E. H. Dent, deceased,

To Rebecca Walker Dent - Celia H.

Miller_ Florence M. Hempted _ Ida J. Wagner - Emma C.

Dent and George E. Dent.

You are hereby notified that on the 23

day of November. A.D. 1888. an instrument of writing, purport=

=ing to be the last Will and Testament of E.H.Dent, late of

Trenton Township, in said County, deceased, was produced in

open Court, and an application to admit the same to probate

was on the same day made in said Court. Said application

will be for hearing before this Court on the 28 day of No=

=vember. A.D. 1888, at 1. o'clock P.M.

N.F Overturf

Probate Judge.

Dated at Delaware Ohio, this 23 day of November -

A.D. 1888.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 330)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 330)

Description

[page 330]

[corresponds to page 264 of Delaware County Will Records Vol. 8 1887-1890]

264

E. H. Dent's Will

Return.

The State of Ohio }

Delaware County.ss. } Frank P. Dent being duly sworn, says that

on the 24 & 27 days of November. A.D.

1888, he served the within notice by delivering a true copy thereof to

the within named Rebecca Walker Dent. Celia H. Miller. Flore:

=ence M. Hempted - Ida J. Wagner - Emma C. Dent and George

E. Dent.

F. P. Dent.

Subscribed in my presence and sworn to before me this 28

day of Nov. 1888.

N.F. Overturf

{Seal} Probate Judge,




Probate of Will


In Probate Court In the Matter of proving the last Will

Delaware County. Ohio. and Testament of E.H. Dent, deceased.


The State of Ohio Delaware County. ss.

O.H. Kimball, being duly sworn and examined

as a witness in the above entitled matter, says: I was present

at the execution of the instrument now shown to me, bearing

date the 21 day of October. A.D.1887. and offered for probate as

the last Will and Testament of E.H. Dent, late of Trenton

Township, in said County of Delaware, deceased, and saw the

said E.H. Dent, now deceased sign and seal said instrument,.

and heard him acknowledge the same to be his last Will and

Testament ; and I thereupon. at his request, and in his pres=

=ence, subscribed my name to the same as a witness. The

said decedent, at the time of making, singing and sealing said

instrument, was of full age, of sound mind and memory, and not

under any restraint.

O.H. Kimball

Sworn to and subscribed by said witness in open Court this

28 day of November. A.D.1888.

N.F. Overturf

Probate Judge


Proof of Signature of Witness to Will.


The State of Ohio

Delaware County.ss O.H. Kimball being duly sworn,

says that he was well acquainted

with Burton Moore who is now deceased, that he was well

acquainted with the hand writing of the said Burton Moore,

having often seen him write, that the signature Burton

Moore as subscribing witness to the last Will and Testament

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 331)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 331)

Description

[page 331]

[corresponds to page 265 of Delaware County Will Records Vol. 8

1887-1890]



265

E. H. Dent's Will

of E. H. Dent, deceased, is in the own proper hand writing

and signature of the said Burton Moore who at the date of

said Will was in full life, and resided in Sunbury, in said

County.

O.H. Kimball

Sworn to before me, and subscribed in my presence. this 28

day of November. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge.


Proof of Signature of Witness to Will.


The State of Ohio

Delaware County,ss. Frank P. Sprague being duly sworn,

says that he was well. acquainted with

Burton Moore, who is now deceased, that he was well acquaint=

=ed with the hand writing of the said Burton Moore, having

often seen him write, that the signature Burton Moore as

subscribing witness to the last Will and Testament of E.H.

Dent, deceased, is in the own proper hand writing and signa:

=ture of the said Burton Moore, who at the date of said

Will, was in full life, and resided in Sunbury, in said

County.

Frank P. Sprague.

Sworn to before me, and subscribed in my presence, this 28

day of November. A.D 1888.

N.F. Overturf

{Seal} Probate Judge.


Probate of Codicil to Will.


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court

L.J. Wilson and W.H. Wilson, the subscribing witnesses

to the Codicil to the last Will and Testament of E.H.

Dent, late of Trenton Township in said Delaware County,

deceased; who being duly sworn according to law, to speak

the truth, the whole truth, and nothing but the truth, in re:

=lation to the execution of said Codicil to said Will, depose

and say: That the paper before them bearing date the 11 day

of May. A.D. 1888, purporting to be the Codicil to the last

Will and Testament of E.H. Dent now deceased, is the Cod:

=icil to the Will of said deceased, E.H. Dent that they were

present at the execution of said Codicil to said Will, and

at the request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence; that they

saw the said E.H. Dent deceased, sign and seal said Codicil

to said Will, and heard him acknowledge the same to be:

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 332)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 332)

Description

[page 332]

[corresponds to page 266 of Delaware County Will Records Vol. 8

1887-1890]

266

E. H. Dent's Will

his Codicil to his last Will and Testament, and that the said

E.H. Dent at the time of making, signing and sealing said Cod:

=icil to said Will, was of full age, of sound mind and memory and

not under any restraint.

L.J. Wilson

W.H. Wilson

Sworn to and subscribed by said witnesses, in open Court, this

28

day of November. A.D.1888.

N.F. Overturf

{Seal} Probate Judge



Journal Entry.

November 28 1888

In the Matter of the Will }

of E. H. Dent, deceased } Be it remembered, that heretofore,

to-wit: on the 23 day of November.

A.D.1888 an instrument of writing, purporting to be the last

Will and Testament of E.H. Dent, late of Trenton Township, in

this County, deceased, was produced in open Court for probate and

was then filed.. And, it now being shown to the satisfaction of

the Court, that due notice of the filing of said Will, and of the

application to admit the same to probate and record in this Court,

has been given to Rebecca Walker Dent - his widow, and Celia

H. Miller. Frank P. Dent_ Florence M. Hempsted. Ida

J. Wagner. Emma C. Dent and George E. Dent, heirs and next

of kin of the Testator, resident of the State of Ohio, pursuant

to a former order of this Court; therefore on this day came

O.H. Kimball, one of the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution and at=

=testation of said Will, which testimony was reduced to writ=

=ing, by him subscribed, and filed with said Will. And Bur:

=ton Moore the other subscribing witness to said Will, hav:

=ing died, the signature of the said Burton Moore was duly

known by the oaths of O.H. Kimball and Frank P. Sprague

whose testimony was reduced to writing and filed herein.

Also at the same time came L.J. Wilson and W.H. Wilson

the subscribing witnesses to the Codicil of said Will, who

being duly sworn, testified to the due execution and attestation

of said Codicil. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will. Where=

=upon the Court finds that the aforesaid instrument of writing

is the last Will and Testament and Codicil thereto - said

E.H. Dent, deceased. That the same was duly executed and at:

=tested; and that the said Will and Codicil thereto, was of

full age, of sound mind and memory, and not under any restraint

It is, therefore, by the Court ordered that the said Will

and Codicil thereto be admitted to probate, and that the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 333)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 333)

Description

[page 333]

[corresponds to page 267 of Delaware County Will Records Vol. 8

1887-1890]



267

E. H. Dent's Will

same, together with the testimony of the witnesses above named,

as well as the proceedings had thereon, be entered of record in

this Court.

N.F. Overturf

Probate Judge.


Copy of Will.


In the name of our Heavenly Father I, Edward H. Dent of

the County of Delaware and State of Ohio, In view of the un=

=certainty of life and the certainty of Death, Do make and pub=

=lish this my last Will and Testament.

Item 1 I direct that all my just debts and funeral expenses be

paid

2 I devise unto my beloved wife Rebecca Walker Dent the

house in which we now reside with the ground as now enclosed

takeing in the barn creek to the bridge and orchard about

ten acres in fee simple in consideration that she devise her

lands (about seventy seven acres) as I have done herein.

Should my said wife neglect or refuse to perform aforesaid consid=

=eration above stated then my daughters Celia H. Ida J. and

Emma C. shall have the house and grounds in lieu of

her lands.

3 I bequeath unto my said wife in lieu of Dower her legal

Dower in each separate division of my real estate

4 I bequeath to my said wife in lieu of years support

all my personal estate, goods, chattels monies credits and

effects of every kind She to pay all my debts and the balance

to belong to her.

Item 5 I devise unto my sons Frank P. Dent and George E. Dent the

Condit and Shannon farms (Except the part devised to their Mother")

and about twenty seven acres of the Mayfield farm North of the

road to be equally divided between them about ninety acres each at

fifty Dollars ($50.00 per acre. Frank to have the West half and

pay three hundred dollars extra for the buildings and then

Five Hundred Dollars off. And George to have the east half

and Five Hundred Dollars off.

--Sidebar--

Explanatory

The two three cornered pieces

of land laying in front of the

boys shares go with the

share adjoining although not

belonging to the Condit'>,

or Shannon land. C&G.Dent-

6 I devise unto my daughter Celia H. the South three

shares of the Walker farm about eighty five acres at forty three

Dollars per acre.

7 I devise unto my daughter Florence M. all the Ridgway

and

Shannon land that lays South of the Sunbury and Johnstown

road about Sixty five acres at forty eight Dollars per acre and

the house and lot in Hartford at Seventeen Hundred Dollars

8 I devise unto my daughter Ida J. the Mayfield & Sunbury

farm South of the road about eighty acres at forty Dollars per

acre, and the twenty acres adjoining J.M. Leak at fifty dollars

per acre.

9 I devise unto my daughter Emma C. the Smith farm

about Sixty one acres at fifty Dollars per acre and the Walker
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 334)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 334)

Description

[page 334]

[corresponds to page 268 of Delaware County Will Records Vol. 8

1887-1890]

268

E. H. Dent's Estate.

land in Licking Co about twenty six acres at forty Dollars per

acre.

10 I direct that those whose shares exceed the average amount of the

six shares shall pay the others such sum as will make them all e=

=qual to be paid in three equal annual payments with interest after

they get possession of their shares.

11 I direct that the share devised to Frank be held by him during his

natural life and then decend to his children if he has any if not to

his brother & sisters or their children. The other shares are devised in

fee simple.

12 I hereby appoint my wife Rebecca Walker Dent. Executrix of this

my Will, In the event of my s'd wife not serving as Executrix,

I appoint my sons Frank P. Dent and George E. Dent Executors

in her place.

In witness whereof I have hereunto set my hand and seal

this 21st day of October Eighteen hundred & Eighty seven A.D.

E.H. Dent {Seal}

We hereby certify that the above was signed by E.H. Dent as his

will in our presence, and signed by us in his presence at his re:

=quest as witnesses to the same

This 21st day of October. A.D.1887.

Burton Moore

O.H. Kimball.


Codicil.

I direct that the land devised by the foregoing Will to F.P.

Dent decend at once upon my decease to one half [three

words crossed out] to his present

wife during her life if she so long remain his wife and one half

[three words crossed out]

to his legal heirs [four words crossed out, sidebar: written by

mistake] if not then the whole shall decend to his legal

heirs and said F.P. Dent is hereby appointed Trustee to manage

said real estate for the benefit of his said wife and heirs during his

natural life and he is hereby allowed a reasonable compensation out

of the annual rents & profits of said land for his services as said

Trustee and no bond or bail shall ever be required of him for the

performance of said Trusteeship.

Witness my hand and seal this 11th day

of May. A.D. 1888.

E.H. Dent. {Seal}

Signed and sealed in presence of us the day and year last

above written.

L.J. Wilson

W.H. Wilson .
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 335)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 335)

Description

[page 335]


[corresponds to page 269 of Delaware County Will Records Vol. 8

1887-1890]



269

Thomas Edward's Will

Journal Entry.

December 4 1888.

In the Matter of the Will

of Thomas Edwards,deceased.

This day, an instrument of writing,

purporting to be the last Will and Testament of Thomas Ed=

=wards, late of Radnor Township, in this County, deceased, was

produced in open Court for Probate; On Consideration Whereof,

it is ordered that the said Will be filed in this Court.

And thereupon came Elizabeth Edwards widow of said Testa=

=tor, and in writing, waived further notice and consented to the

probate of said Will, (there being no heirs of said Testator)

thereupon came Jno. A. Cone and D.G. Edwards the sub=

=scribing witnesses to said Will, who being duly sworn, testified

to the due execution and attestation of said Will. Which

testimony was reduced to writing, by them respectively subscrib=

=ed, and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and

Testament of said Thomas Edwards, deceased. That the

same was duly executed and attested; and that the said Tes=

=tator, at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory. and not under

any restraint. It is, therefore, by the Court ordered that the

said Will be admitted to probate, and that the same, to=

=gether with the testimony of the witnesses above named

as well as the proceedings had thereon, be entered of record

in this Court.

N.F. Overturf

Probate Judge.


Waiver.

I, the undersigned widow of the within named decedent, here=

=by waive further notice, and consent to the probate of said

Will.

Dated this 4 day of December. A.D.1888.

Elizabeth Evans.


Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss.

Peronally appeared in open Court Jno. A.

Cone and D.G. Edwards; the subscribing witnesses to the last

Will and Testament of Thomas Edwards late of Radnor

Township in said Delaware County, deceased; who being

duly sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the execution

of said Will, depose and say: That the paper before them

bearing date the 26 day of October A.D.1888, purporting

to be the last Will and Testament of Thomas Edwards,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 336)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 336)

Description

[page 336]

[corresponds to page 270 of Delaware County Will Records Vol. 8

1887-1890]

270

Thomas Edward's Will

now deceased is the Will of said deceased. Thomas Edwards, that

they were present at the execution of said Will, and at the re=

=quest of the Testator, respectively subscribed their names to the

same as witnesses, in his presence; that they saw the said Thomas

Edwards deceased sign and seal said Will, and heard him ack =

knowledge the same to be his last Will and Testament, and that the

said Thomas Edwards at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint.

Jno. A. Cone

D.G. Edwards.

Sworn to and subscribed by said witnesses, in open Court, this

4 day of December. A.D. 1888.

N.F. Overturf

Probate Judge.


Copy of Will.


In the name of the Benevolent Father of All, Amen:

I, Thomas Edwards, of Radnor Township, Delaware

County. Ohio, being of sound and disposing mind and mem=

=ory, do make and publish the following as my Last will

and testament.


Item 1 I direct that all my just debts be paid out of my estate.


Item 2 I give, devise and bequeath to my beloved wife Elizabeth

Edwards all the property, both personal and real, and of

whatever kind or description ,that I may own at the time

of my decease, subject to the payment of all my just debts,

as specified in the first item of this will: and I authorize

her to settle in any manner that may be satisfactory to

her any and all claims that I may have against any

other person and also any and all just claims that may

be presented against my estate.


Item 3 I direct that there be no appraisement nor sale of my

estate after my decease, and that there be no further pro:

=ceedings had by the Probate Court having jurisdiction,

under the Will, with reference to my said estate, than

to admit this Will to Probate and record, dispensing with

the appointment of an Administrator or Executor; and I

further desire that there be no Bond required from my

said wife , as I know that she will promptly settle and

pay any and all just claims that may be presented against

my said estate.

I hereby revoke all former Wills or parts of

Wills heretofore by me made and declare the foregoing

to be my last Will and Testament
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 337)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 337)

Description

[page 337]

[corresponds to page 271 of Delaware County Will Records Vol. 8

1887-1890]



271

Thomas Edward's Will

In testimony whereof I hereto subscribe my name and

affix my seal, this 26 day of October. A.D. 1888.

Thomas Edwards. {Seal}

Signed by the said Thomas Edwards in our presence, and

by him declared to be his last Will and Testament in

our hearing, and signed by us as witnesses thereto in

his presence and at his request and in the presence of each

other on said 26 day of October. A.D. 1888.

Jno. A. Cone

D.G. Edwards.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 338)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 338)

Description

[page 338]

[corresponds to page 272 of Delaware County Will Records Vol. 8

1887-1890]

272

Edward Evan's Will.

Journal Entry.

December 1 1888,

In the Matter of the Will

of Edward Evams, deceased.

This day, an instrument of writing

purporting to be the last Will and

Testament of Edward Evans, late of Oxford Township, in this

County, deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will be filed

in this Court and thereupon came Mary Evans, widow, and

Eddie B. Evans, only heir and next of kin of said Testator ,

resident of the State of Ohio, and in writing, waived further

notice and consented to the probate of said Will, and thereupon

came Jno. O. McDowell, one of the subscribing witnesses to said

Will. who being duly sworn, testified to the due execution and

attestation of said Will. Which testimony was reduced to

writing, by him subscribed, and filed with said Will.

The further hearing of this Will is continued until the 7

day of December A.D. 1888, at 4 o'clock P.M., to take the

testimony of C.H. McElroy, the other subscribing witness to

said Will.

N.F. Overturf

Probate Judge.


Waiver.

We the undersigned widow & Next of kin of the within

named decedent, hereby waive further notice, and consent to

the probate of said Will.

Dated this 1 day of December A.D.1888.

Mary Evans.

Eddie B. Evans.


Probate of Will


In Probate Court } In the Matter of proving the Last Will and

Delaware County.Ohio.} Testament of Edward Evans, Deceased.


The State of Ohio }

Delaware County,ss. } Jno. O. McDowell, being duly sworn and ex=

=amined as a witness in the above entitled

matter, says; I was present at the execution of the instrument

now shown to me, bearing date the 28 day of February. A.D.

1879, and offered for probate as the last Will and Testament of

Edward Evans, late of Oxford Township, in said County of

Delaware, deceased, and saw the said Edward Evans, now deceased,

sign and seal said instrument, and heard him acknowledge the

same to be his last Will and Testament; and I, thereupon, at

his request, and in his presence, subscribed my name to the same,

as a witness. The said decedent, at the time of making, sign=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 339)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 339)

Description

[page 339]

[corresponds to page 273 of Delaware County Will Records Vol. 8

1887-1890]



273

Edward Evans' Will

=ing and sealing said instrument, was of full age, of sound mind

and memory, and not under any restraint.

Jno. O. McDowell.

Sworn to and subscribed by said witness in open Court, this 1st

day of December. A.D. 1888.

N.F. Overturf

{Seal} Probate Judge,


The State of Ohio }

Delaware County ss. } C.H. McElroy, being duly sworn and exam=

=ined as a witness in the above entitled

matter, says; I was present at the execution of the instrument

now shown to me, bearing date the 28 day of February. A.D.1879.

and offered for probate as the last Will and Testament of Ed=

=ward Evans, late of Oxford Township, in said County of Del=

=aware, deceased, and saw the said Edward Evans, now deceased,

sign and seal said instrument, and heard him acknowledge the

same to be his last Will and Testament; and I, thereupon,at

his request, and in his presence, subscribed my name to the

same as a witness. The said decedent, at the time of making,

signing and sealing said instrument, was of full age, of sound

mind and memory, and not under any restraint.

C.H. McElroy.

Sworn to and subscribed by said witness in open Court, this

7 day of December. A.D.1888.

N.F. Overturf

{Seal} Probate Judge,


Journal Entry.

December 7 1888

In the Matter of the Will }

of Edward Evans, deceased. } This day came C.H.McElroy, the

other subscribing witness to said Will,

who being duly sworn testified to the due execution and attes=

=tation of said Will. Which testimony was reduced to writing_

by him subscribed, and filed with said Will. whereupon the

Court finds that the aforesaid instrument of writing is the last

Will and Testament of said Edward Evans, deceased, That the

same was duly executed and attested; and that the said Testa=

=tor, at the time of making, signing and sealing said Will was

of full age, of sound mind and memory, and not under any re:

=straint. It is, therefore, by the Court ordered, that the said

Will be admitted to probate, and that the same, together with

the testimony of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 340)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 340)

Description

[page 340]

[corresponds to page 274 of Delaware County Will Records Vol. 8

1887-1890]

274

Edward Evan's Will

Copy of Will.

I, Edward Evans of the County of Delaware and State of Ohio,

being of full age and of sound mind and memory and not under any

restraint, do make and publish this my last Will and Testa:

=ment, hereby revoking wills or writings in the nature of wills by

me heretofore made.

First: I give and bequeath all of my personal property remaining after

the payment of my just debts, funeral expenses and the costs of

the execution of this will, to my beloved wife Mary Evans, absolute:

=ly.

Second: I give and devise all of my real property to my wife,

Mary Evans.

during her natural life and after her decease, to my grandchild

Eddie B. Evans & his children.

Third: If my said Grandson Eddie B. Evans should not survive

my said wife, or if he should die without issue, then it is my

will that upon the decease of my said wife or upon the death

of my said grand son without issue after her decease, then it is

my will that my real property shall be sold by my Executor

and the proceeds thereof, after paying the costs and expenses of

said sale and proceedings therein, shall be distributed and paid

by my said Executor in the following manner - One fourth

of the same to be paid to my niece Sarah Reese, daughter of

my deceased sister Sarah Reese and her heirs, my said niece

lives in Wales. near the Town of Biell on the River Wye in

the Parish of Seven-ssys near the river Ethan . And three fourths

of said proceeds shall be paid to the next of kin of my said wife

Mary Evans.

Fourth I do hereby nominate and appoint my wife's brother John C.

Lewis Executor and this my last will and testament.

In testimony whereof I have

hereunto set my hand and seal this Twenty eighth day of Feb=

=ruary. A.D. 1879.

Edward Evans. {Seal}


Signed and acknowledged by said Edward Evans as his last

Will and Testament in our presence and signed by us in his

presence & at his request.

Jno O. McDowell

{Seal} C.H. McElroy.

F.B.Sprague.

Probate Judge,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 341)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 341)

Description

[page 341]

[corresponds to page 275 of Delaware County Will Records Vol. 8

1887-1890]


275

Thomas F. Maloney's Will.

Journal Entry.

December 11 1888.

In the Matter of the Will of

Thomas F. Maloney, deceased }This day, an instrument of

}writing, purporting to be the last

Will and Testament of Thomas F. Maloney, late of Delaware

City, in this County, deceased, was produced in open Court for

Probate; On Consideration Whereof, it is ordered that the said

Will be filed in this Court, and thereupon came Nellie A.

Maloney, widow of said Testator, and in writing , waived further

notice and consented to the probate of said Will. (there being

no heirs of said Testator ); thereupon came James McDonald _

and Daniel Maloney the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution and attestation

of said Will. Which testimony was reduced to writing, by them

respectively subscribed ,and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writing is the last

Will and Testament of said Thomas F. Maloney, deceased.

That the same was duly executed and attested; and that the

said Testator, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court order=

=ed, that the said Will be admitted to probate, and that

the same together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered of

record in this Court.
N.F. Overturf

Probate Judge.

Waiver.

We, the undersigned Nellie Agnes Maloney widow & next of

kin of the within named decedent, hereby waive further notice,

and consent to the probate of said Will.

Dated this 11 day of December. A.D. 1888.

Nellie A. Maloney

John F. Maloney.

Probate of Will

The State of Ohio } In Probate Court.

Delaware County.ss. }
Personally appeared in open Court James

McDonald and Daniel Maloney the subscribing witnesses to

the last Will and Testament of Thomas Francis Maloney late

of Delaware Township in said Delaware County, deceased;

who being duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, in relation to
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 342)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 342)

Description

[page 342]

[corresponds to page 276 of Delaware County Will Records Vol. 8 1887-1890]

276

Thomas F. Maloney's Will

the execution of said Will, depose and say: That the paper

before them bearing date the 30th day of November. A.D. 1888. pur:

=porting to be the last Will and Testament of Thomas Francis

Maloney now deceased, is the Will of said deceased, Thomas

Francis Maloney, that they were present at the execution of

said Will, and at the request of the Testator, respectively sub=

=scribed their names to the same as witnesses, in his pres:

=ence; that they saw the said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Thomas Francis Maloney at the time of making, signing and

sealing said Will, was of full age, of sound mind and memory,

and not under any restraint.

James McDonald

Daniel Maloney.

Sworn to and subscribed by said witnesses, in open Court, this

11 day of December. A.D. 1888.

N.F. Overturf

Probate Judge.

Copy of Will

In the name of the Benevolent Father of all, I, Thomas Fran=

:cis Maloney of the County of Delaware and City of Delaware and

State of Ohio, do hereby make & publish this my last will and testa:

=ment.

1 It is my will and desire, that all my just debts be paid in full.

2 That the residue of my estate after discharging all just obliga=

=tions as aforesaid, both real & personal of whatsoever kind I give,

devise and bequeath to my beloved wife Nellie Agnes Maloney.

3 I give - devise & bequeath to my wife Nellie Agnes Maloney,

my real estate in fee simple.-- and convey to her all the rights,

title & privileges, that I myself possess.--

4 If after my death my widow should again marry, the remain=

:der of my estate at that time, I give to my brother John F. Ma:

=loney, directing him to pay to my sister Ellen Maloney, one hundred

dollars out of the remainder of my said Estate.

5 I name & appoint my wife Nellie Agnes Maloney, sol [sic] executrix of

this my last will and testament, without bond.

In testimony hereof, I hereunto set

my hand and seal. this thirtieth day of November. A.D. one thous=

=and eight hundred and eighty eight.

Thomas Francis Maloney. {Seal}

Signed and sealed by said Thomas Francis Maloney, who at the same

time published and declared the same to be his last will & testament in

the presence of us, who in his presence and in the presence of each other

and at his request, have hereunto subscribed our names as witness.

James McDonald.

Daniel Maloney.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 343)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 343)

Description

[page 343]

[corresponds to page 277 of Delaware County Will Records Vol. 8

1887-1890]


277


Henry Darst's Will

Journal Entry.

December 27 1888.

In the Matter of the Will of

Henry Darst, deceased.

This day, and instrument of writing,

purporting to be the last Will and Testament of Henry Darst,

late of Troy Township, in this County, deceased, was produced

in open Court for Probate; On Consideration Whereof, it is

ordered that the said Will be filed in this Court, and that

due notice thereof and of the application to admit the same to

probate and record record in this Court be given to Nancy Daars his

widow, and Sarah E. Noyle. Agna Jones Angelisha Darst

Tillie Jones, Nancy Jones, Luretta Shultz Margaaret N Treg

and Katharine E Vase heirs and next of kin of the Testator,

resident of the State of Ohio, that said application will be for

hearing before this Court on the 2 day of January. A.D.

1889. at 10 o'clock A.M. Ezra Darst one of the heirs of

the Testator having waived Notice and consented to the probate

of said Will, no notice is issued for him.

N.F. Overturf

Probate Judge.



Waiver

We, the undersigned Legatee & heir of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 27 day of December. A.D.1888.

Ezra Darst

Sarah Doyle.

Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County.ss }

In the Matter of the last Will and Tes=

=tament of Henry Darst, deceased.

To Sarah Hoyle. Ezra Jones - Ange=

=lisha Darst - Tillie Jones - Nancy Jones - Nancy Darst -

Luretta J. Schultz - Margaret N.Treg & Katharine E.

Case.

You are hereby notified that on the 27 day of December. A.D.

1888, an instrument of writing, purporting to be the last Will

and Testament of Henry Darst, late of Troy Township, in said

County, deceased, was produced in open Court, and an application

to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this Court

on the 2 day of January. A.D.1889. at 10 o'clock A.M.

N.F. Overturf

{Seal} Probate Judge,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 344)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 344)

Description

[page 344]

[corresponds to page 278 of Delaware County Will Records Vol. 8

1887-1890]

278

Henry Darst's Will

Dated at Delaware Ohio, this 27 day of December. A.D.1888


Return.

The State of Ohio }

Delaware County.ss. } Ezra Darst being duly sworn, says that

on the 29 day of Dec. A.D.1888, he

served the within notice by delivering a true copy thereof to the

within named Sarah Hoyle - Ezra Jones - Angelisha Darst -

Tillie Jones - Nancy Darst - Luretta J. Schultz - Margaret N.

Trey & Katharine E. Case.

Ezra Darst.

Subscribed in my presence and sworn to before me this 2 day of

Jan.1889.

N.F. Overturf

{Seal} Probate Judge.


Probate of Will.


The State of Ohio In Probate Court.

Delaware County ss.

Personally appeared in open Court-

David Dix and Thomas Schneck the subscribing witnesses to

the last Will and Testament of Henry Darst late of Troy

Township in said Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the whole truth,

and nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bearing date

the 14 day of March. A.D. 1876, purporting to be the last Will

and Testament of Henry Darst now deceased, is the Will of

said deceased, Henry Darst, that they were present at the ex=

=ecution of said Will, and at the request of the Testator, re:

=spectively subscribed their names to the same as witnesses,

in his presence; that they saw the said Henry Darst de:

=ceased, sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the

said Henry Darst at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not un=

=der any restraint.

David Dix

Thomas Schneck.

Sworn to and subscribed by said witnesses, in open Court,

this 2 day of Jan. A.D.1889.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 345)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 345)

Description

[page 345]

[corresponds to page 279 of Delaware County Will Records Vol. 8

1887-1890]



279

Henry Darst's Will.

Journal Entry.

January. 2nd 1889.

In the Matter of the Will

of Henry Darst, deceased

Be it remembered, that heretofore,

to-wit: on the 27 day of December. A.D.1888, an instrument

of writing, purporting to be the last Will and Testament of

Henry Darst, late of Troy Township, in this County, de=

=ceased, was produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will, and of

the application to admit the same to probate and record in

this Court, has been given to Nancy Durst his widow, and

Sarah Hoyle - Ezra Jones - Angelisha Darst - Tillie Jones -

Nancy Jones. Luretta Shultz . Margaret N. Treg and

Katharine E. Case heirs and next of kin of the Testator, res=

=ident of the State of Ohio, pursuant to a former order of

this Court; therefore, on this day came David Dix and Thom=

=as Schneck, the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will,

whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Henry

Darst, deceased. That the same was duly executed and at=

=tested; and that the said Testator, at the time of making,

signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. It is,

therefore, by the Court ordered, that the said Will be ad:

=mitted to probate, and that the same, together with the tes=

=timony of the witnesses above named, as well as the proceed=

=ings had thereon be entered of record in this Court.

N.F. Overturf

Probate Judge.




Copy of Will.


In the name of the Benevolent Father of All, I Henry

Darst of Troy Township. Delaware County Ohio, do make

and publish this my Last Will and Testament.


Item 1 I give and devise to my beloved wife Nancy Darst in

lue of her Dower the farm on which we now reside sit=

=uated in Troy Township Delaware County. Ohio. contain=

=ing twenty acres during her natural life and all the stock

household goods furniture provisions and other goods and

chattels which may be thereon at the time of my decease

during her natural life as afore said on condition that she

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 346)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 346)

Description

[page 346]

[corresponds to page 280 of Delaware County Will Records Vol. 8

1887-1890]

280

Henry Darst's Will

the said Nancy Darst furnish my administraters sufficient

money to pay my indebtedness and cost of administration.


Item 2 I give and devise to son Ezra Darst his heirs and assigns

for ever the following tract or parcel of land situated in Troy

Township Delaware County. Ohio, And bounded and described

as follows being in range (19) nineteen . Township six 6 Section

Twenty four (24) being the north part of the west half of the south

west quarter of said Section (24) being the balance of said half

quarter after A lot deeded off said lot to Jacob Darst

supposed to contain Thirty Three acres.


Item 3 At the decease of my wife Nancy Darst I will and devise

that the farm of Twenty acres above willed to my wife Nancy

Darst for her natural life shall be equally divided betwixt my

seven other children (viz) Sarah Elizabeth Darst - Mary Jane

Jones, David D. Darst - Angelisha Risher - Luretta Je=

=rushia Schultz - Margaret Nancy Darst - Katharine Eve Darst-

to them and their heirs and assigns forever.


I do hereby nominate and appoint my two sones David

D. Darst and Ezra Darst Executors of this my last will and

testament.

In Testimony hereof I have hereunto set my hand and

seal this 14th day of March. A.D.1876.

Henry Darst {LS}


Signed and acknowledged by said Henry Darst as his last

Will and Testament signed in our presants and signed over

in his presants.

Attested by David Dix

Thomas Schneck.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 347)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 347)

Description

[page 347]

[corresponds to page 281 of Delaware County Will Records Vol. 8

1887-1890]


281

Elias Battenfield's Will.

4449 Journal Entry.

January. 17 1889.

In the Matter of the Will

of Elias Battenfield, deceased,

This day, an instrument of writ:

=ing, purporting to be the last Will and Testament of Elias

Battenfield, late of Delaware Township, in this County. de=

=ceased, was produced in open Court for Probate, On Con=

=sideration Whereof, it is ordered that the said Will be filed

in this Court. And thereupon came the following heirs

Leroy Battenfield - David H. Battenfield - Morris W. Bat:

=tenfield and Hattie A. Battenfield and in writing, waived

further Notice and consented to the Probate of said Will,

it is therefore ordered that due notice of the filing of said

Will and of the application to admit the same to probate and

record, be given to Ethel Wells, heir of the Testator, resi=

dent of the State of Ohio, that said application will be for

hearing before this Court of the 18 day of January. A.

D. 1889. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.

Waiver.

We, the undersigned, heirs of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 17 day of January. A.D.1889.

Leroy W. Battenfield Morris W. Battenfield

David H. Battenfield Hattie A. Battenfield





Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County.ss }

In the matter of the last Will and Testa=

=ment of Elias Battenfield, deceased.

To Ethel Wells: - You are hereby

notified that on the 17 day of January. A.D. 1889. an in=

=strument of writing, purporting to be the last Will and

Testament

of Elias Battenfield, late of Delaware Township, in said County,

deceased, was produced in open Court, and an application to admit

the same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on the 18

day of January. A.D.1889 at 10 o'clock A.M.,

N.F. Overturf

{Seal} Probate Judge.

Dated at Delaware Ohio, this 17 day of January.

A.D.1889.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 348)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 348)

Description

[page 348]

[corresponds to page 282 of Delaware County Will Records Vol. 8

1887-1890]

282

Elias Battenfield's Will.

Return.

The State of Ohio }

Delaware County.ss. } David H. Battenfield being duly sworn -

says that on the 17 day of January

A.D.1889. he served the within notice by delivering a true copy

thereof to the within named Ethel Wills.

David H. Battenfield

Subscribed in my presence and sworn to before me this 17th day

of Jan. 1889.

N.F. Overturf

{Seal} Probate Judge.

Probate of Will.

The State of Ohio In Probate Court.

Delaware County.ss

Personally appeared in open Court .

Frank M. Marriott and Flora M. Marriott the subscribing

witnesses to the last Will and Testament of Elias Batten=

=field, late of Delaware Township in said Delaware County, de-

=ceased who being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth, in relation to

the execution of said Will, depose and say: That the paper before

them bearing date the 12 day of September. A.D.1888. purport:

=ing to be the last Will and Testament of Elias Battenfield

now deceased, is the Will of said deceased Elias Battenfield,

that they were present at the execution of said Will, and, at the

request of the Testator, respectively subscribed their names to

the same as witnesses, in his presence; that they saw the said

Elias Battenfield deceased sign and seal said Will, and

heard him acknowledge the same to be his last Will and Tes=

=tament, and that the said Elias Battenfield at the time of

making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

Frank M. Marriott

Flora M. Marriott

Sworn to and subscribed by said witnesses, in open Court -

this 18 day of January A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

January 18 1889.

In the Matter of the Will }

of Elias Battenfield, deceased. } Be it remembered, that

heretofore,

to-wit: on the 17 day of January.

A.D 1889. an instrument of writing, purporting to be the

last Will and Testament of Elias Battenfield, late of Del:

=aware Township, in this County, deceased, was produced in
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 349)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 349)

Description

[page 349]

[corresponds to page 283 of Delaware County Will Records Vol. 8

1887-1890]



283

Elias Battenfield's Will

open Court for probate, and was then filed. And, it now being

shown to the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit the same

to probate and record in this Court, has been given to Ethel

Wells, one of the heirs of said Testator, resident of the State

of Ohio, pursuant to a former order of this Court.

And the other heirs of said Testator, to-wit: Leroy W.

and Hattie A. Battenfield having waived notice and consented

to the probate of said Will; therefore, on this day came Frank

M. Marriott and Flora M. Marriott the subscribing witnesses

to said Will, who being duly sworn, testified to the due ex=

=ecution and attestation of said Will. Which testimony was

reduced to writing by them respectively subscribed, and filed

with said Will, whereupon the Court finds that the afore=

=said instrument of writing is the last Will and Testament

of said Elias Battenfield, deceased. That the same was

duly executed and attested; and that the said Testator, at the

time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together with the

testimony of the witnesses above named, as well as the pro=

=ceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.





Copy of


Last Will and Testament of Elias Battenfield.

I, Elias Battenfield, of the Township of Delaware, County

of Delaware and State of Ohio, being of sound and disposing

mind, and wishing, while yet in the possession of all my

mental faculties, to make disposition of my worldly effects

and estate, do on this 12, day of September, in the year

of our Lord, One Thousand Eight Hundred and Eighty

Eight, at my home in said Township, make and publish

this my last will and testament, that is to say:


1 Item. I desire that any debts which I may owe at my decease,

and my funeral expenses, be settled and paid.

Item 2. I give, devise and bequeath unto my much beloved grand=

=child, Ethel Wells, only child of my deceased daughter

Mary Wells, the sum of Three Hundred Dollars (300),

to be paid to her, without interest, when she shall arrive at

the age of Eighteen Years, provided she shall so long live,

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 350)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 350)

Description

[page 350]

[corresponds to page 284 of Delaware County Will Records Vol. 8

1887-1890]

284

Elias Battenfield's Will

but in case of the death of her, the said Ethel Wells, before

arriving at said age aforesaid, then this bequest shall be void,

and this will shall stand as to this bequest as if the same

had not been made.

I had intended to divide the remainder and residue of my

estate, equally between my four living children, Leroy W.

Battenfield, David H. Battenfield, Hattie Battenfield and

Morris Battenfield, with the request and direction that the

same should be kept and preserved in the blood of the fami=

=ly, but my said son, Leroy W. Battenfield and David H. Bat=

=tenfield, both unite in the request, that I give all the rest

and residue of my estate to my said two unmarried children,

the said Hattie Battenfield and Morris Battenfield, who

have remained at home with me, and who have not acquired

homes of their own, And in view of their request so to me

made at various times, and having abiding confidence in my

said two sons, Leroy W. and David H. Battenfield, that they

will faithfully carry out my request, I now therefore make

the following disposition of all the rest and residue of my

estate,

that is to say:

Item 3. I give, devise and bequeath, all and singular the

residue of

my estate, both of real and personal , and of what kind soever

the same be in, at my decease, unto my much beloved sons,

Leroy W Battenfield and David H. Battenfield, to be held -

managed and controlled in trust, for the use and benefit of my

said other two children, the said Hattie and Morris Bat=

=tenfield and their heirs, and for that purpose, I desire that

my property and estate shall be kept together, so far as possi:

=ble, by said above Trustees, as I shall leave it at the time

of my decease, and that there be no division of the same, un=

=til such time, as in the judgment of said Trustees, the same

would be for the best interest of my said two children, Hattie and

Morris Battenfield. And until the marriage of one or both of

my said children, Hattie and Morris Battenfield (if they or

either of them marry), I request that they remain together

upon the home farm and jointly manage the same and the

property thereon, under and through the advice of said Trustees,

who are at all times to be consulted), and I direct that

while they do remain together, they have and enjoy equally

between them, the proceeds and income from said land, after

the payment of all taxed assessments and insurance, and keep:

=ing up the necessary repairs. But in case either of said

children shall desire to leave said homestead and go else where

to live, they have my consent to do so, and in that event,

then I direct that the other one who elects to remain and man:

=age said farm and property as aforesaid, shall pay annually

from the income of said property, to the other, such sum in

money as shall be deemed by said Trustees aforesaid fair and

equitable.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 351)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 351)

Description

[page 351]

[corresponds to page 285 of Delaware County Will Records Vol. 8

1887-1890]



285

Elias Battenfield's Will

It is my desire, and this devise is made to my said sons,

Leroy W. and David H. Battenfield, Trustees as aforesaid, upon

the trust, that at such time in the future, as the said Trustees

shall together deem it wise to do so, and for the best interest

of the said Hattie and Morris Battenfield, that they shall

convey and transfer by deed or otherwise as may be lawful, all

and

singular the said Real Estate and other property, to the said

Hattie and Morris Battenfield and their heirs absolutely, leaving

the time of said conveyance wholly and entirely to the descretion

and good judgment of said Trustees, and if, in the sound judg=

=ment of said Trustees aforesaid, they deem it wise at any

time to convey to one of said children and retain, as Trustees

as aforesaid, the share of the other, then and in that case, I direct

them to convey absolutely to such one the full divided one half

of all said property and estate, and their said Trust as to that

one shall then terminate and end, but shall continue as to the re=

=mainder thereof. In case of the death of either the said Hat:

tie or Morris Battenfield, without issue, and before the conveyance

above mentioned, then I direct that said property and estate shall

be held by said Trustees, for the use and benefit of the survivor

thereof, under like restrictions. But in the event of the death

of both said Hattie and Morris before said estate shall be conveyed

to them by said Trustees as aforesaid, and without leaving any child=

=ren then and in that case I will all and singular said estate to my

said sons, Leroy W. and David H. Battenfield and their heirs forever.

In the event of the death of either one of the Trustees aforesaid,

before said trust shall be terminated, then the survivor thereof

shall carry out the terms of said trust under this Will.

Said above Trustees are authorized and directed to sell so much

of my personal property as shall be necessary to pay any debts and

all my funeral expenses, cost of last sickness and costs of Probat:

=ing this Will. But I desire that no inventory or appraisement

be had of my property, and that no administration be had

thereon.

And I further direct that my said sons, the said Leroy W. and

David H. Battenfield, be not required to give bonds as such Trus=

=tees.

In Testimony Whereof, I have hereunto set my hand this

12 day of September 1888.

Elias Battenfield.

Signed and acknowledged by said Elias Battenfield, as his last

will and testament in our presence, and by us as witnesses, signed

in his presence and in the presence of each other, at his request.

Frank M. Marriott

Flora M. Marriott
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 352)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 352)

Description

[page 352]

[corresponds to page 286 of Delaware County Will Records Vol. 8

1887-1890]

286

John C. Nutt's Will.

Journal Entry.

February 1 1889.

In the Matter of the Will of }

John C. Nutt, deceased, }This day, an instrument of writing,

purporting to be the last Will and

Testament of John C. Nutt, late of Genoa Township, in this

County, deceased, was produced in open Court for Probate. On

consideration Whereof, it is ordered that the said Will be filed in

this Court. and that due notice thereof, and of the application to

admit the same to probate and record be given to Jesse Nutt,

one of the heirs of said Testator, resident of the State of Ohio,

Elizabeth Nutt, widow, and Mary A. Nutt McLeod - Evaline

Nutt Miller - Edward J. Nutt - Martha S. Nutt - Joseph

Nutt and John E. Nutt heirs of said Testator, resident of

the State of Ohio, having, in writing waived further Notice and

consented to the probate of said Will, that said application

will be for hearing before this Court on the 9 day of February

A.D.1889, at 10 o'clock A.M.

N.F. Overturf.

Probate Judge.


Waiver of Service Filed February. 1 1889.


State of Ohio. Delaware county. ss.

In the matter of Settlement of the Estate of John C. Nutt,

late of Genoa Township in said County, deceased, whereby he

made and provided by a last will & testament. Therefore,

We, the undersigned, Widow, and Heirs of the decedent; do

hereby waive the service of a Notice in such cases, and consent,

and allow the Probate of said Will on the day appointed by

His Honor the Probate Judge to determine the question of

Probating the Will according to law in such cases.

Genoa. January 23 1889.

By the Widow Elizabeth Nutt.

Heirs &c. Mary A. Nutt McLeod Martha S. Nutt

Evaline Nutt Miller Joseph Nutt

Edward J. Nutt. John E. Nutt.





Notice to Heirs.


The State of Ohio In Probate Court.

Delaware County.ss.

In the matter of the last Will and Tes:

=tament of John C. Nutt, deceased.

To Jesse Nutt.

You are hereby notified that on

the 1 day of February. A.D 1889, an instrument of writing,

purporting to be the last Will and Testament of John C. Nutt
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 353)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 353)

Description

[page 353]

[corresponds to page 287 of Delaware County Will Records Vol. 8

1887-1890]



287

John C. Nutt's Will.

late of Genoa Township, in said County, deceased, was produced

in open Court, and an application to admit the same to probate

was on the same day made in said Court. Said application

will be for hearing before this Court on the 9 day of February.

A.D. 1889. at 10 o'clock A.M.

N.F. Overturf

{Seal} Probate Judge

Dated at Delaware Ohio, this 1 day of February. A.D. 1889.

Return

The State of Ohio }

Delaware County.ss } Jesse Miller being duly sworn, says

that on the 5 day of February. A.D.

1889, he served the within notice by delivering a true copy thereof

to the within named Jesse Nutt.

Jesse Miller

Subscribed in my presence and sworn to before me this 9 day

of Feb. 1889.
N.F. Overturf

{Seal} Probate Judge

Probate of Will

The State of Ohio In Probate Court.

Delaware County.ss Personally appeared in open Court Lewis

Knox and Lovett T. Scofield the subscribing witnesses to the last

Will and Testament of John C. Nutt, late of Genoa Town=

=ship in said Delaware County, deceased; who being duly sworn

according to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will, depose and

say: That the paper before them bearing date the 11 day of Novem=

=ber.A.D. 1887, purporting to be the last Will and Testament of

John C. Nutt, now deceased, is the Will of said deceased John

C. Nutt, that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence, that they

saw the said John C. Nutt deceased, sign and seal said

Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said John C Nutt at the time

of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

Lewis Knox

Lovett T. Scofield .

Sworn to and subscribed by said witnesses, in open Court,

this 9 day of February. A.D. 1889.

N.F. Overturf

Probate Judge

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 354)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 354)

Description

[page 354]

[corresponds to page 288 of Delaware County Will Records Vol. 8

1887-1890]

288

John C. Nutt's Will

Journal Entry.

February 9 1889

In the matter of the Will of }

John C. Nutt, deceased. } Be it remembered, that heretofore,

to-wit; on the 1 day of February.

A.D.1889, an instrument of writing purporting to be the last

Will and Testament of John C. Nutt, late of Genoa Township,

in this County, deceased, was produced in open Court for probate,

and was then filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will, and of the

application to admit the same to probate and record in this Court,

has been given to Jesse Nutt, one of the heirs of said Testator,

resident of the State of Ohio, pursuant to a former order of this

Court; the Widow and other heirs of said Testator having Waived

Notice and consented to the probate of said Will; therefore on this

day came. Lewis Knox and Lovett T. Scofield the subscribing

witnesses to said Will, who being duly sworn, testified to the

due execution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said

John C. Nutt, deceased. That the same was duly executed

and attested; and that the said Testator, at the time of mak=

=ing, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimony of the wit=

=nesses above named, as well as the proceedings had thereon, be

entered of record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will.


I John C Nutt of Genoa Township in Delaware County. Ohio,

of lawful age, sound mind and memory, and having a desire to ar=

=range in a just manner all my earthly affairs and provide in

an equatible manner for my family.

Do make this my last will and testament in manner following:

Item 1 I direct, and my will is, that after my decease, that all my just

debts be paid by my executors hereinafter named, as speedily as

possible ; to provide for which, I also direct that my executors sell

at private or public sale all my personal property - except my house

hold goods - upon such terms of sale as may be most desirable to

my executors.

And in the application of the proceeds, after paying prefered

and incidental claims, apply on my other debts; using Insurance

due me on my life or property for that purpose. And if there
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 355)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 355)

Description

[page 355]

corresponds to page 289 of Delaware County Will Records Vol. 8

1887-1890]



289

John C. Nutt's Will

should still be needed for the means to meet the payment of

my debts I direct in that case that my executors provide the

same in such manner as may seem best to that end:

either in the sale of, or mortgage of my real estate in part

or the whole, without any special order of the court in that be=

=half. Having at the same time in view the necessary

provisions for a home and support of my wife Mrs. Elizabeth

Nutt, under the care and careful and good management of my

executors, so far as they shall provide to the satisfac.

=tion - and approval of my said wife.

Item 2 I give, devise, and bequeath unto my said wife Elizabeth Nutt,

in lieu of her dower for her use and benefit after my decease

and during her life time, all her house hold goods of every de=

=scription, which I may own and possess at my decease.

Also, the income from the rents and profits of the home farm,

or any accruing interest therefrom, together with the enjoyment

of a home at the homestead if practicable and desired by her dur=

=ing her lifetime; all of which is to be considered as the residue

and income of my real estate, after my debts are paid and certain

legacies herein mentioned are satisfied by my executors, to-wit:

Item 3 To my oldist son John E. Nutt- by a former wife - I give

and bequeath to him the sum of Ten Dollars, having theretofore

made advances to him of considerable money and other property.

Also to the child, and heir of my son, Jacob W Nutt,

now deceased, to whom in his life time I also made large ad=

=vancements of money and property, yet I direct my executors to

give to his child if living at the time of my decease the sum of

Five Dollars.

Also to Carrie A. Nutt child of my son Joseph T. Nutt

I give the sum of Fifty Dollars in consideration of her

kindness to myself and wife.

Also to my daughter Martha S. Nutt who is single and

lives at our home, I give and bequeath to her, an extra allow=

=ance for an outfit the sum of One Hundred Dollars.


Item 4 If the residue and remainder of my personal property including

household goods, and my real estate, which I may own, and

possess after the death of myself and my said wife Elizabeth

Nutt, (she having been comfortable provided for by my executors

as herein contemplated they having paid the incidental expense

of her last sickness, according to the intention of this Will.)

Then by the conditions of this Will, I give, devise, and be=

=queath such residue and remainder of my personal and real

estate property, after the death of my said wife, unto the follow=

=ing named children their heirs and assigns forever, to be

equally divided and apportioned by mutual agreement, or by com:

=missioners as the case may be - Namely: To

Joseph T. Nutt . son of my present wife.




Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 356)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 356)

Description

[page 356]

corresponds to page 290 of Delaware County Will Records Vol. 8

1887-1890]

290

John C. Nutt's Will.

Mary A. Nutt McLeod.

Evaline M. Nutt Miller

Edward J. Nutt

Charles J. Nutt and

Martha S. Nutt, as equal heirs under this paragraph, all

the residue of my estate personal and real as above recited.


Item 5 I appoint Jesse Miller and Edward J. Nutt executors,

both

of whom are citizens of Genoa Township, in said Delaware Coun=

=ty to be the executors of this my last Will, with full power

and authority to carry out every and each provision of this will as

above provided; and I hereby revoke all wills by me heretofore

made and confirm only this to be my last will and testiment and

without required bond of my executors.

In witness whereof I have signed

and sealed and published and declared this instrument as my

will this 11 day of November. A.D. 1887.

John C. Nutt {Seal}


Signed, sealed, and published by John C. Nutt the testator

as and for his last Will, in the presence of us, who at his

request, in his presence and in presence of each other have

hereunto set our names as witnesses.

Lewis Knox Witnesses reside

Lovett T. Scofield at Westerville Ohio.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 357)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 357)

Description

[page 357]


[corresponds to page 291 of Delaware County Will Records Vol. 8

1887-1890]



291

Louisa Waterman's Will

Journal Entry.

February 13 1889

In the Matter of the Will

of Louisa Waterman, deceased

This day ,an instrument of writing

purporting to be the last Will and Testament of Louisa Water=

=man, late of Delaware City, in this County deceased, was

produced in open Court for Probate; On Consideration Where=

=of, it is ordered that the said Will be filed in this Court -

and that due notice thereof, and of the application to admit

the same to probate and record, be given to Fida L Carlisle -

one of the heirs of said Testatrix resident of the State of Ohio

-

Cora E. Evans and Edward W. Tyler the other heirs of

said Testatrix, resident of the State of Ohio, having in writing.

waived further notice, and consented to the probate of said Will

-

that said application will be for hearing . before this Court , on

the 16th day of February. A.D. 1889, at 2 o'clock P.M.

N.F. Overturf

Probate Judge.



Waiver

We, the undersigned next of kin of the within named decedent

hereby waive further notice, and consent to the probate of said

Will.

Dated this 13 day of February. A.D. 1889.

Cora E. Evans.

Fida L. Carlisle

Edward W. Tyler.




Journal Entry

February 16 1889.

In the Matter of the Will of }

Louisa Waterman, deceased. }

Be it remembered, that heretofore, to-wit:

on the 13th day of February. A.D.1889. an instrument of writ:

:ing, purporting to be the last Will and Testament and Codicil

thereto of Louisa

A. Waterman, late of Delaware City, in this County. de:

=ceased, was produced in open Court for probate, and was then

filed. And it now appearing to the Court that Cora E

Evans. Edward W. Tyler and Fida L. Carlisle, heirs

and next of kin of the Testatrix, resident of the State of Ohio -

have waived Notice, and consented to the probate of said Will.

Therefore,on this day came F. B. Sprague, one of the sub=

=scribing witnesses to said Will,who being duly sworn, testified to

the due execution and attestation of said Will. Which test=

=timony was reduced to writing by him subscribed, and filed with

said Will.

The further hearing of said Will is continued to take the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 358)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 358)

Description

[page 358]

[corresponds to page 292 of Delaware County Will Records Vol. 8

1887-1890]

292

Louisa Waterman's Will

testimony of J. L. Tyler, the other subscribing witness to said

Will - and of Mrs. Lillie Salman and John M. Sycks, the

subscribing witnesses to the Codicil of said Will, until the

28th day of February. A.D. 1889. at 9,30 oclock. A.M.

N. F. Overturf

Probate Judge.

Testimony of F. B. Sprague.

In Probate Court. } In the Matter of Proving the last Will and

Delaware County. Ohio } Testament of Louisa Waterman. Deceased.

The State of Ohio }

Delaware County.ss. } F.B. Sprague, being duly sworn and examined

as a witness in the above entitled matter,

says; I was present at the execution of the instrument now shown

to me, bearing date the 22d day of April. A.D. 1881. and offered

for probate as the last Will and Testament of Louisa Waterman,

late of Delaware City, in said County of Delaware, deceased, and

saw the said Louisa Waterman, now deceased sign and seal said in:

=strument, and heard her acknowledge the same to be her last Will

and Testament; and I, thereupon, at her request, and in her pres:

=ence, subscribed my name to the same as a witness The said

decedent, at the time of making, signing and sealing said instru:

=ment, was of full age, of sound mind and memory. and not under

any restraint.

F.B. Sprague.

Sworn to and subscribed by said witness in open Court, this

16 day of February. A D. 1889

N.F. Overturf

{Seal} Probate Judge

Testimony of J. L. Tyler.

In Probate Court. In the Matter of Proving the last Will and

Delaware County. Ohio. Testament of Louisa Waterman, Deceased.


The State of Ohio }

Delaware County } J L Tyler, being duly sworn and examined

as a witness in the above entitled matter,

says, I was present at the execution of the instrument now shown

to me, bearing date the 22 day of April. A.D.1881, and offered for

probate as the last Will and Testament of Louisa Waterman, late

of Delaware City, in said County of Delaware, deceased, and saw the

said Louisa Waterman, now deceased, sign and seal said instrument,

and heard her acknowledge the same to be her last Will and Tes:

=tament; and I, thereupon, at her request, and in her presence, sub:

=scribed my name to the same as a witness. The said decedent

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 359)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 359)

Description

[page 359]

[corresponds to page 293 of Delaware County Will Records Vol. 8

1887-1890]


293

Louisa Waterman's Will

at the time of making, signing and sealing said instrument, was

of full age, of sound mind and memory. and not under any re=

=straint.
J.L. Tyler.

Sworn to and subscribed by said witness in open Court, this 28

day of February. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge

Testimony of Witnesses to Codicil


The State of Ohio } In Probate Court

Delaware County.ss } Personally appeared in open Court Mrs.

Lillie Saeman and John M. Sycks.

the subscribing witnesses to the Codicil to the last Will and

Testament of Louisa Waterman, late of Delaware City, in

said Delaware County, deceased; who being duly sworn accord=

=ing to law, to speak the truth, the whole truth, and nothing but

the truth, in relation to the execution of said Codicil, depose and

say: That the paper before them bearing date the 19 day of Oct=

=ober. A.D. 1885. purporting to be a Codicil to the last Will and

Testament of Louisa Waterman now deceased, is the Codicil

to the last Will of said deceased Louisa Waterman, that

they were present at the execution of said Codicil and at the

request of the Testatrix, respectively subscribed their names to

the same as witnesses, in her presence; that they saw the said

Louisa Waterman deceased, sign and seal said Codicil to

said Will, and heard her acknowledge the same to be her

Codicil to her last Will and Testament, and that the said

Louisa Waterman at the time of making, signing and sealing

said Codicil, was of full age, of sound mind and memory, and

not under any restraint.

Mrs. Lillie Saeman

John M. Sycks.

Sworn to and subscribed by said witnesses in open Court this

28 day of February. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge



Journal Entry.

February 28' 1889.

In the Matter of the Will of }

Louisa Waterman, decd }

The hearing of said Will having

been continued until this day, thereupon cause J.L.Tyler

the other subscribing witness to said Will, who being duly

sworn, testified to the due execution of said

Will, Which testimony was reduced to writing, by him sub=

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 360)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 360)

Description

[page 360]

[corresponds to page 294 of Delaware County Will Records Vol. 8

1887-1890]

294
Louisa Waterman's Will

=scribed and filed with said Will.

Also came Mrs. Lillie Saeman and John M. Sycks, the

subscribing witnesses to the Codicil of said Will. who being

duly sworn, testified to the due execution and attestation of

said Codicil to said Will, which testimony was reduced to

writing, by them respectively subscribed, and filed with said

Will. whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament and

Codicil thereto, of said Louisa Waterman . deceased.

That the same was duly executed and attested, and that the

said Testatrix, at the time of making, signing and sealing said

Will and Codicil thereto, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will and the Codicil thereto, be

admitted to probate, and that the same, together with the tes:

=timony of the witnesses above named, as well as the proceed=

ings had thereon be entered of record in this Court.

N. F. Overturf

Probate Judge.

Copy of Will


In the name of the Benevolent Father of all I Louisa

Waterman of Delaware County. Ohio, being of

sound mind and retentive memory do make and publish this

my last Will and Testament, revoking any and all former wills

by me heretofore made.

1 All my just debts shall be fully paid out of any proper=

ty left by me.

2 I give and bequeath in equal proportions to my three

Grand

children Cora E. Evans. Edward W. Tyler and Fida L.

Carlisle, all my remaining property of every description and where:

=ever the same may be provided that if either of the above nam:

=ed grandchildren shall die leaving no children, then said prop:

=erty shall go to the survivor or survivors.

3 I hereby nominate and appoint my Grand Son Edward W. Ty:

=ler Executor of this my last Will and Testament, and no bonds

shall be required of him.

In witness whereof, I have hereunto set my hand

and seal this the 22 day of April. 1881.

Louisa Waterman {Seal}


Signed in our presence who in the presence of Testator and

at her request do hereunto set our hands the day and year

above written.

F.B. Sprague

J.L. Tyler
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 361)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 361)

Description

[page 361]

[corresponds to page 295 of Delaware County Will Records Vol. 8

1887-1890]



295

Louisa Waterman's Will

Codicil to Will

My First Codicil.

I, Louisa Waterman of Delaware, O, do make this my

first Codicil, hereby confirming my Last Will made on

the twenty-second day of April. Eighteen.hundred and

eighty-one at Delaware, O, so far as this Codicil is con=

=sistent therewith: and do hereby give, devise, bequeath of my

estate & property, real & personal as follows: that is to say,

I give unto Timothy H. Graves of Sunbury. Delaware

Co. Ohio, a traveling agent. One Hundred and Fifty Dol:

=lars and to Tilla Graves the wife of said Timothy H.

Graves One Hundred and Fifty Dollars, this bequest to be

for her sole & separate use, independent of her husband, at all

times.

In witness whereof, I have signed & sealed and pub:

=lished & declared this instrument as my Codicil, at Dela=

=ware, O. this nineteenth day of October. Eighteen hundred

and Eighty five.

Louisa Waterman {Seal}

The said Louisa Waterman at Delaware O., this nineteenth

day of October, Eighteen hundred and eighty five, signed & sealed

this instrument and published and declared the same as her

first Codicil - and we at her request and in her presence and

in the presence of each other have hereunto written our names

as subscribing witnesses.

Mrs. Lillie Saerman

John M. Sycks.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 362)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 362)

Description

[page 362]

[corresponds to page 296 of Delaware County Will Records Vol. 8

1887-1890]

296
Abram Highwarden's Will.

Journal Entry.

February 15 1889.

In the Matter of the Will of }

Abram Highwarden - deceased. }

This day, an instrument of

writing, purporting to be the last Will and Testament of Abram

Highwarden, late of Delaware City, in this County deceased -

was produced in open Court for Probate; On Consideration

Whereof, it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to ad:

=mit the same to probate and record, be given to Ladora J.

Burdon, one of the heirs of the Testator, resident of the State

of Ohio, Mary L Highwarden widow, and John W. High:

=warden. E.A, Highwarden - A. Highwarden - Jr. heirs of

said Testator, resident of the State of Ohio, having in writ=

=ing, waived further Notice and consented to the probate of said

Will ) that said application will be for hearing before this

Court, on the 25 day of February. A.D.1889. at 10 o'clock

A.M.

N.F. Overturf

Probate Judge.


Waiver.

We, the undersigned Next of kin of the within named dec=

=edent, hereby waive further notice and consent to the probate

of

said Will.

Dated this 15 day of February. A.D.1889.

John W. Highwarden

E. A. Highwarden

A. Highwarden

Mary L. Highwarden.

'


Journal Entry.

February. 25 1889.

In the Matter of the Will of }

Abram Highwarden, deceased. }

This being the day set for the hear:

=ing of said Will, and the Witnesses to said Will failing

to appear - and proof of the service of Ledora J. Burden not

having been filed , the hearing of said Will is continued until

the 5 day of March. A.D. 1889. at 9 o'clock A.M.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 363)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 363)

Description

[page 363]

[corresponds to page 297 of Delaware County Will Records Vol. 8

1887-1890]


297

Abram Highwarden's Will.

Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County ss. }

In the Matter of the last Will and Tes:

=tament of Abram Highwarden - deceased.

To Ladora J. Burden

You are hereby notified that on the 15 day of February.

A.D. 1889. an instrument of writing. purporting to be the

last Will and Testament of Abram Highwarden, late

of Delaware Township, in said County, deceased, was produced

in open Court, and an application to admit the same to pro:

=bate was on the same day made in said Court. Said

application will be for hearing before this Court on the 25

day of February .A.D. 1889, at 10 o'clock _A.M.,

N.F.Overturf

{Seal} Probate Judge.

Dated at Delaware Ohio, this 15 day of Febru=

=ary. A.D. 1889.


Return.

The State of Ohio

Delaware County.ss. E. A. Highwarden being duly sworn

says that on the 16 day of February

A.D. 1889, he served the within notice by delivering a

true copy thereof to the within named Ledora J. Burden.

E.A. Highwarden.

Subscribed in my presence and sworn to before me this 5

day of March. 1889.

N.F. Overturf

{Seal} Probate Judge


Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court Alex=

=ander H. Dall and Laroy Lambert the subscribing witness=

=es to the last Will and Testament of Abram Highwarden

late of Delaware City, in said Delaware County, deceased;

who being duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, in relation to

the execution of said Will, depose and say: That the paper

before them bearing date the 9 day of January . A.D. 1889,

purporting to be the last Will and Testament of Abram

Highwarden now deceased is the Will of said deceased, Abram

Highwarden, that they were present at the execution of said

Will, and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his presence, that

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 364)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 364)

Description

[page 364]

[corresponds to page 298 of Delaware County Will Records Vol. 8

1887-1890]

298

Abram Highwarden's Will

they saw the said Abram Highwarden deceased, sign and seal

said Will, and heard him acknowledge the same to be his last

Will and Testament, and that the said Abram Highwarden

at the time of making, signing and sealing said Will, was of

full age, of sound mind and memory, and not under any re:

=straint.

Alexander H. Dall

Laroy Lambert.

Signed and subscribed by said witnesses, in open Court this

5 day of March. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

March 5 1889.

In the Matter of the Will of }

Abram Highwarden, deceased. }
Be it remembered, that heretofore,

to-wit: on the 15 day of February. A.D. 1889, an instrument

of writing, purporting to be the last Will and Testament of

Abram Highwarden, late of Delaware City, in this

County, deceased, was produced in open Court for probate,

and was then filed. and the same was set for hearing on the

25 day of February. A.D. 1889, at which time the hearing

was continued until this date. And, it now being shown

to the satisfaction of the Court, that due notice of the filing

of said Will, and of the application to admit the same to

probate and record in this Court, has been given to Ledora

J. Burden one of the heirs of said Testator, resident of the

State of Ohio, pursuant to a former order of this Court,

the widow and other heirs of said Testator having waived

Notice and consented to the probate of said Will:) therefore,

on this day came Alexander H. Dall and Laroy Lambert, the

subscribing witnesses to said Will, who being duly sworn, tes:

:tified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them respective=

=ly subscribed, and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said Abram Highwarden, de:

=ceased. That the same was duly executed and attested;

and that the said Testator, at the time of making, signing

and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to probate -

and that the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon, be entered

of record in this Court.

N.F. Overturf

Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 365)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 365)

Description

[page 365]

[corresponds to page 299 of Delaware County Will Records Vol. 8

1887-1890]



299

Abram Highwarden's Will.

Copy of Will.

In the name of the Benevolent Father of All, I, Abram

Highwarden of the City of Delaware County of Delaware

and State of Ohio, being of sound and disposing mind and

memory do make and publish this my last Will and Testa:

=ment.

First. I desire all my just debts be paid including my funeral expenses.

Second. I will and bequeath unto my wife Mary L.Highwarden-

should she survive me, in lieu of dower my homestead at

the corner of Ross and Davids Street in the City of

Delaware Ohio, to use and occupy during her natural life or

as long as she shall remain my widow, but in case she

shall cease her dower shall be assigned therein, and

said property divided as hereinafter stated.

Third. I give unto my said wife the use of all my household

goods, furniture and other chattles which may be on said

premises at my death including my tools and garden im=

=plements, during her life or as long as she remains my

widow, and the same are to be used by no one else but to be

kept for her benefit.

Fourth. I desire my Executor to retain enough of what money,

notes, credits, bonds or other evidences of indebtedness

that I may be possessed of to pay & keep up the tax and

insurance upon said homestead, until the same is finally

divided among my children, and the balance of said moneys

credits notes bonds &c. I give to my said wife.

Fourth. I give to my son Edward A. Highwarden my watch

and my rifle, and I desire him to purchase for myself and

family a lot in Oak Grove Cemetery and to remove there:

=to the bodies of my three children from the old cemetery

near the University where they are now buried.


Fifth At the death of my said wife or should she re-marry, then

at such time I desire all my personal estate, including

furniture, household goods and all the other chattels

herein mentioned, which my wife shall have, shall be

equally divided between such of my children as shall be

living in Delaware Ohio, and they shall pay, or make

up to such of my children as are living elsewhere what

would be their fair share of said property.

Sixth At the death of my said wife or at her remarriage I

desire that my real Estate shall be equally divided be=

=tween my seven children Edward A. Highwarden - John

W. Highwarden - Abram Highwarden - Joshua Highwarden -

Douglas Highwarden - Leroy Highwarden & Ledora Burden

and I hereby empower my Executor to hold said property or
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 366)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 366)

Description

[page 366]

[corresponds to page 300 of Delaware County Will Records Vol. 8

1887-1890]

300
Abram Highwarden's Will.

sell the same forthwith whenever he shall deem it best for my

Estate, and for the best interest of my children.

I nominate my son

Edward A. Highwarden Executor of this my last Will

and Testament.

In testimony whereof I have hereunto set

my hand and seal this 9 day of January. A.D. 1889.

his

Abram X Highwarden. {Seal}

mark

Signed and acknowledged by the said Abram Highwarden as

and for his last Will and Testament in our presence who at

his request in his presence and in the presence of each other

have

subscribed our names as subscribing witnesses.

Alexander H. Dall

Laroy Lambert.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 367)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 367)

Description

[page 367]

[corresponds to page 301 of Delaware County Will Records Vol. 8 1887-1890]


Rhoda Maria Frost's Will 301

Journal Entry.

March 27 1889.

In the Matter of the Will of

Rhoda Maria Frost - Deceased.

This day an instrument of writing,

purporting to be the last Will and Testament of Rhoda Maria

Frost, late of Delaware Township, in this County, deceased,

was produced in open Court for Probate: On Consideration

Whereof, it is ordered that the said Will be filed in this

Court. And thereupon came Julia A. Patridge, the only

next of kin of said Testatrix, resident of the State of Ohio, and

in writing waived further notice, and consented to the Probate of

said Will. And thereupon came John S. Jones and H.H.

Beecher the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of said

Will. Which testimony was reduced to writing, by them re=

=spectively subscribed, and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writing is the last

Will and Testament of said Rhoda Maria Frost, deceased.

That the same was duly executed and attested: and that the

said testatrix at the time of making , signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint. It is therefore by the Court ordered, that the

said Will be admitted to probate, and that the same together

with the testimony of the witnesses above named as well as the

proceedings had thereon be entered of record in this Court.

W. F Overturf

Probate Judge.

Waiver

I, the undersigned Julia A. Pateridge of the within named dec-

edent hereby waive further notice, and consent to the probate

said Will.

Dated this 27" day of March A.D. 1889

Julia A. Patridge

Probate of Will

The State of Ohio } In Probate Court.

Delaware County }

Personally appeared in open Court,John

S. Jones and Henery H. Bucher the subscribing witnesses to the

last Will and Testament of Rhodia Mariah Frost, late of Dela-

ware Township in said Delaware County, deceased; who being

duly sworn according to law, to speak the truth, the whole truth,

and nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bearing date

the 19 day of March A.D. 1884 purporting to be the last Will and

Testament of Rhodia Mariah Frost now deceased is the Will
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 368)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 368)

Description

[page 368]

[corresponds to page 302 of Delaware County Will Records Vol. 8 1887-

1890]

302

Rhodia Maria Frosts Will

of said deceased, Rhodia Mariah Frost, that they were present

at the execution of said Will and at the request of the Testatrix

respectively subscribed there names to the same as witnesses in

his presence, that they saw the said Rhodia Mariah Frost

deceased sign and seal said Will, and heard her acknowledge the

same to be her last Will and Testament, and that the said

Rhodia Mariah Frost, at the time of making, signing, and sealing

said Will, was of full age, of sound mind and memory, and

under any restraint.

John S.Jones

H.H. Bucher

Sworn to and subscribed by said witnesses, in open Court this

27th day of March A.D. 1889.

W. F. Overturf

Probate Judge

Copy of Will

In the name of the Benevolent Father of All: I Rhodia

Maria Frost do make and publish this my last Will and Tes-

tament:

Item 1st I desire that all my just debts and funeral expenses shall

be first paid.

Second. I desire that Lodowick B. Crandall, Julia A. Patridge and

Cinthia E. Willis shall be paid Fifty Dollars each which

sums I desire shall be a lien in my real estate.

Third. I desire the balance of my estate both real and personal after

paying the foregoing legacies and items set forth in the first and

second items of this my Will shall be equally divided between

Wesley F. Robson and Abbie F. Ayer.

In testimony hereof, I have hereunto set my

hand and seal this 19th day of September. A.D. 1884

Rhoda Maria Frost (seal)

Signed and acknowledged

by said Rhoda Maria

Frost as her last Will and

Testament in our presence

& signed by us in her pres-

ence & at her request.

John S. Jones

Henry W. Bucher.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 369)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 369)

Description

[page 369]

[corresponds to page 303 of Delaware County Will Records Vol. 8 1887-

1890] 303

Owen Robinson's Will

Journal Entry

April 2nd 1889

In the Matter of the Will }

of Owen Robinson deceased } This day, an instrument of writing

purporting to be the last Will and

Testament of Owen Robinson, late of Genoa Township, in this

County, deceased was produced in open Court for Probate; On

consideration thereof, it is ordered that the said Will be filed

in this Court.

And it appearing to the Court that there are no next of kin of

said Testator resident of the State of Ohio, thereupon came

W.D. Breanahan and Michael Malone, the subscribing witness-

es to said Will, who being duly sworn, testified to the due exe-

cution and attestation of said Will. Which testimony was re-

duced to writing, by them respectively subscribed, and filed with

said Will whereupon the Court finds that the aforesaid instru--

ment of writing is the last Will and Testament of said Owen

Robinson, deceased. That the same was duly executed and at-

tested:and that the said Testator at the time of making, sign

ing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is therefore by the

Court ordered, that the said Will be admitted to probate and

that the same, together with the testimony of the witnesses above

named as well as the proceedings had thereon be entered of record

in this Court.

W.D Bresnahan

Michael Malone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 370)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 370)

Description

[page 370]

[corresponds to page 304 of Delaware County Will Records Vol. 8 1887-

1890]

304

Owen Robinson's Will

Sworn to and subscribed by said witnesses, in open Court, this 2nd

day of April A.D. 1889

(seal) W. F. Overturf

Probate Judge.

Copy of Will

Columbus O, Feby 16th 1886

I, Owen Robinson of Genoa Town-

ship, Delaware County, State of Ohio, make this my last

Will. I give devise, and bequeath my estate and property, real

and personal, as follows, that is to say: unto Patrick Bresnahan

viz: All groceries that may be in my possession.

Two horses, two Wagons, & every thing in my possession

including Books, & Accounts, and also an insurance Policy

carried by said Patrick Bresnahan for the sum of $1000.00. One

Thousand Dollars in the Metropolitan Life Insurance Com-

pany for to satisfy him for monies and other kind treatment that

the said Patrick Bresnahan has bestowed on me.

Thereby subscribed my

name to this article and I am in good sound sense to the

same.

Owen Robinson

Witnesses

W.D.Bresnahan

Michael Malone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 371)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 371)

Description

[page 371]

[corresponds to page 305 of Delaware County Will Records Vol. 8 1887-

1890]



305
Hannah J. Galbreaths Estate.

Journal Entry

April, 2nd 1889

In the Mater of the Will of:}

Hanah J. Galbreath, dec'd }

This day an instrument of writing

purporting to be the last Will and testament of Hannah J.

Galbreath, late of Brown Township in this County, deceased

was produced in open Court for Probate, On consideration

thereof it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to

admit the same to probate and record be given to John Gal-

breath her widower, there being no next of kin of the Testa-

trix resident of the State of Ohio, that said application

will be for hearing before this Court on the 6th day of April.

A.D. 1889 at 10 o'clock A.M.

W. F. Overturf

Probate Judge

Notice to Heirs

The State of Ohio }

Delaware County } In Probate Court

In the Matter of the last Will and Testament

of Hannah J. Galbreath, deceased.

To John Galbreath

You are hereby notified that

on the 2nd day of April A.D. 1889 an instrument of writing pur-

porting to be the last Will and Testament of Hannah J. Galbreath

late of Brown Township, in said County deceased, was produced

in open Court and an application to admit the same to probate

was the same day made in said Court. Said application

will be for hearing before this Court in the 6th day of April. A.D.

1889

at 10 o'clock A.M.

W. F. Overturf

Probate Judge

Dated at Delaware Ohio, this 2nd day of April A.D. 1889

{seal}

Return

The State of Ohio}

Delaware County } T. R Smith being duly sworn says

that on the 2nd day of April A.D. 1889

he served the within notice by delivering a true copy thereof to

the within named John J. Galbreath.

Thomas R. Smith

Subscribed in my presence and sworn to before me this 6th

day of Apr. 1889

(seal) W.F Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 372)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 372)

Description

[page 372]

[corresponds to page 306 of Delaware County Will Records Vol. 8 1887-

1890]

306
Hannah J. Galbreaths Will

Probate of Will

The State of Ohio } In Probate Court

Delaware County }

Personally appeared in open Court, Gabrail

May and Mary O. Sumbert the subscribing witnesses to the last

Will and testament of Hannah J. Galbreath late of Brown

Township in said Delaware County, deceased who being duly

sworn according to law to speak the truth, the whole truth and

nothing but the truth, in relation to the execution of said Will

repair and say. That the paper before them bearing date the 2nd

day of January A.D 1889 purporting to be the last Will and

Testament of Hannah J. Galbreath now deceased, is the Will

of said deceased Hannah J. Galbreath, that they were present

of the execution of said Will, and at the request of the Testatrix

respectively subscribed their names to the same as witnesses in

her presence that they saw the said Hannah J. Galbreath

deceased, sign and seal said Will and heard her acknowledge

the same to be her last Will and Testament, and that the

said Hannah J. Galbreath at the time of making signing,

and sealing said Will was of full age, of sound mind and mem-

ory and not under any restraint.

Gabriel May

Mary O. Sumbert

Sworn to and subscribed by said witnesses, in open Court this

6th day of April A.D. 1889.

(seal) W. F. Overturf

Probate Judge

Journal Entry.

April 6th 1889

In the Matter of the Will of }

Hannah J. Galbreath, deceased} Be it remembered, that heretofore

to wit: on the 2nd day of April A.D.

1889, an instrument of writing, purporting to be the last Will

and Testament of Hannah J. Gaalbreath, late of Brown Town-

ship in this County, deceased was produced in open Court for

probate, and was then filed. And, it now being shown to the

satisfaction of the Court that due notice of the filing of said

Will and of the application to admit the same to probate and

record in this Court has been given to John Galbreath,

widower of said Testatrix, There being no next of kin of said

Testatrix resident of the State of Ohio; therefore, on this

day came Gabriel May and Mary O. Sumbert the subscribing

witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will, which testimon-

y was reduced to writing, by them respectively subscribed and

filed with said Will, whereupon the Court finds that the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 373)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 373)

Description

[page 373]

[corresponds to page 307 of Delaware County Will Records Vol. 8 1887-

1890]


307

Hannah J. Galbreath's Will

aforesaid instrument of writing is the last Will and Testa-

ment of said Hannah J. Galbreath, deceased, That the

same was duly executed and atested; and that the said

Testatrix, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not

under any restraint. It is therefore, by the Court or-

dered , that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses above

named as well as the proceedings had thereon, be entered of

record in this Court.

W. F. Overturf

Probate Judge





Copy of Will


In the name of the Benevolent Father of All, I Hannah

J. Galbreath of Brown Tp. Delaware County Ohio.

being of sound & disposing mind & memory, do make, publish

& declare this to be my last Will & Testament, to-wit:


I. I desire that after my decease my Executor, hereafter nam=

=ed, shall pay all my just debts funeral expenses & costs

of administration. That he shall purchase in Oak Grove

Cemetery the north half of the lot of which C.C. Emer:

=son owns the south half for my burial place & that with=

=in reasonable time he shall have erected to my memory

a Monument not exceeding Fifty Dollars in value.


II. I desire to & do hereby make the following bequests:

(1) To Eunice Emerson Miller, my Sewing Machine &

Small Coarse printed Testament: Also three of my best

towels:

(2). To Mrs. Mattie Lear, A Rocking Chair formerly

belonging to S.M. Williamson.

(3) To Lizzie Cunningham, One Sett of of Silver Tea Spoons.

(4) To Mary Cunningham, One Sett of knives & forks.

(5) To Phebe Elliott. One Corner Bracket & One large

Picture.

(6) To Rosana Meeker, One Feather Bed & the Brown

Walnut Bedstead formerly belonging to S.M.Williamson.

(7) To Charles Emerson, One Feather Bed,

(8) To Alfred L. Emerson One Comfort made of his

Grandmothers dresses, & his choice of the other quilts.

(9) To Mrs. Mary Jennings, One Sett of Cane bottomed

chairs.

(10) To my husband John Galbreath, my best Feather bed,

III. I desire & request that the picture or likeness of

S.M.Williamson
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 374)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 374)

Description

[page 374]

[corresponds to page 308 of Delaware County Will Records Vol. 8 1887-

1890]

308

Hannah J. Galbreath's Estate.

my former husband be buried with me.

IV My Table Linen & Household Goods not herein specially be:

=queathed I desire my husband to distribute among my nieces as

he may think just & proper.

V I desire & request that all my personal property be sold & the

proceeds applied toward the payment of my debts


VI The carpet on the sitting rome floor I give & bequeath to

Jos=

=eph Williamson.

VII All my real estate I give & bequeath to my husband John

Galbreath on condition that he pay to Eunice E. Miller

One Hundred & Fifty Dollars and to Mrs Mattie Lear

Fifty Dollars: provided however, that if the personal proper:

=ty should not pay my debts and expenses, and pay my husband

well for any expense he may have incurred on my behalf &

for his care of me during my last sickness then & in that

case the One Hundred & Fifty Dollars and the Fifty Dol=

=lars shall not be paid as above specified.


VIII I do hereby nominate & appoint T.R.Smith Executor of

this Will & authorize & empower him to adjust & settle all

claims due me or owing by me, to dispose of the personal proper:

=ty either at public or private sale & to do all & singular the

before mentioned requirements of this last Will & Testament.


IX I give & bequeath to Charles Williamson Two stands.


X All the rest & residue of my Household goods & effects I here=

=by authorize my husband to dispose of us as he may think best.


XI My wardrobe & clothing I give & bequeath to my nieces.

In witness hereof I

hereto set my hand & seal this second day of January.A.D.1889.

Hannah J. Galbreath.

The State of Ohio. Delaware County.

Signed & sealed by Hannah J. Galbreath in our

presence this second day of January. A.D.1889. & by us

signed in her presence & at her request by us.

Gabriel May

Mary O. Lambert
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 375)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 375)

Description

[page 375]

[corresponds to page 309 of Delaware County Will Records Vol. 8 1887-

1890]



309

Thomas McDonald's Will

Journal Entry.

April 6 1889.

In the Matter of the Will of

Thomas McDonald, deceased.

This day, an instrument of writ=

=ing, purporting to be the last Will and Testament of Thom=

=as McDonald, late of Brown Township, in this County _

deceased, was produced in open Court for Probate; On Con=

=sideration Whereof, it is ordered that the said Will be filed

in this Court. And thereupon came Ellen McDonald his

widow, and John McDonald. James McDonald. Thomas

F. McDonald. Edward McDonald. William McDonald.

Joseph McDonald. Mary Mahoney _ Lawrence McDonald.

and Frank McDonald, and in writing, waived further

notice and consented to the probate of said Will, they being

all of the heirs and next of kin of said Testator, resident

of the State of Ohio; And thereupon came John Cur=

=tin and John Potts, the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution and attes=

=tation of said Will. Which testimony was reduced to writ=

=ing, by them respectively subscribed, and filed with said Will

whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Thomas Mc

Donald, deceased. That the same was duly executed and attested

and that the said Testator, at the time of making, signing

and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to probate, and

that the same, together with the testimony of the witnesses

above mentioned as well as the proceedings had thereon, be entered

of record in this Court..

N.F. Overturf

Probate Judge


Waiver.

We, the undersigned widow & next of kin of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will.

Dated this 28 day of March.A.D.1889.

Elen McDonald

John McDonald

James McDonald.

Thomas F. McDonald.

Edward McDonald

William McDonald.

Joseph McDonald.

Mary Mahoney

Lawrence McDonald

Frank McDonald.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 376)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 376)

Description

[page 376]

[corresponds to page 310 of Delaware County Will Records Vol. 8 1887-

1890]

310

Thomas McDonald's Will

Probate of Will.


The State of Ohio } In Probate Court.

Delaware Countyss. }

Personally appeared in open Court John

Curtin and John Potter the subscribing witnesses to the last Will

and Testament of Thomas McDonald, late of Brown Township

in said Delaware County, deceased; who being duly sworn accord:

=ing to law, to speak the truth, the whole truth, and nothing but

the truth, in relation to the execution of said Will, depose and

say: That the paper before them bearing date the 19th day of March

A.D. 1889, purporting to be the last Will and Testament of

Thomas McDonald now deceased, is the Will of said deceased

Thomas McDonald, that they were present at the execution of

said Will, and at the request of the Testator, respectively sub=

=scribed their names to the same as witnesses, in his presence,

that they saw the said Thomas McDonald deceased, signed and

seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said Thomas

McDonald at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not

under any restraint.

John Curtin

John Potter

Sworn to and subscribed by said witnesses, in open Court, this

6th day of April.A.D.1889.

N.F. Overturf

Probate Judge



Copy of Will.


In the name of God, Father almighty of us all:

Know all men by these Presents, That, I Thomas

McDonald, residing in Brown Township, Delaware Co. Ohio.

enjoying the full use of all my senses and faculties, do here:

=by make this, my last Will and Testament, revoking all

former Wills and Testaments.

First: I desire and will hereby, that all my just debts and funeral

expenses of all kinds, should be paid in full out of my person=

=al and real estate property.

Second: I leave and bequeath to my wife Ellen McDonald in addi:

=tion to her legal Dowry, all the Household Furniture of every

description, that is now in my residence in Brown Township.


Third: I leave and bequeath to Rev. Ph. Steyle, rector of St Mary's

Church Delaware Ohio, or to his successors, One hundred

Dollars ($100.00), and in addition to this, another Hundred

Dollars ($100.00) to Rev. Ph. Steyle, the latter sum to be
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 377)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 377)

Description

[page 377]

[corresponds to page 311 of Delaware County Will Records Vol. 8 1887-

1890]



311

Thomas McDonald's Will

applied towards paying the indebtedness on St Marys Church

Delaware Ohio.

Fourth: I leave and bequeath One Hundred Dollars, to St Vincent's

Orphan Asylum, Columbus. Ohio.

Fifth: I leave and bequeath to my son Joseph F. McDonald, the sum

of One hundred Dollars . ($100.00) in addition to his equal share

with the rest of my children in my real estate and personal property.


Sixth: Out of Two hundred Dollars which belong to my sister Alice

Kelly of Ashley Ohio, and which were used by me in improving

my farm, I prescribe, in accordance with the wishes and directions

of my above said sister, that Fifty Dollars, should be given

to the Rector of St Mary's Church. Delaware Ohio, at the

death of my sister Alice Kelly, and the balance to be equally

distributed among all my children, along with the rest of my real

estate and personal property.

Seventh: After paying the above bequests I prescribe that the

Executor

of this my last Will, should divide all my remaining Real Es:

=tate, and personal property in nine equal shares, and to distrib-

=ute it all in equal shares, between my nine children, viz;

John McDonald, James McDonald, Thomas McDonald_ Edward McDonald-

William McDonald_ Joseph P. McDonald - Mary McDonald

wife of Frank Mahoney - Lawrence McDonald- and Frank McDonald

To accomplish this, I empower my Executor to sell all my

property, privately, or at public sale if expedient and necessary .


Eight: I hereby appoint my son James McDonald as Executor of

this my last Will and Testament.

In Testimony of the above, I have

this day, the 19th of March. One Thousand Eight Hundred

and Eighty Nine, affixed my seal and signature to this my

last Will and Testimony, in presence of two witnesses who

have likewise signed this document in my presence.

Thomas McDonald. {Seal}


Witnesses {John Curin {Seal}

}John Potter {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 378)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 378)

Description

[page 378]

[corresponds to page 312 of Delaware County Will Records Vol. 8 1887-

1890]

312

John Rathbone's Will.

4465 Journal Entry.

February 22 1889.

In the Matter of the Will }

of John Rathbone,deceased. } This day, an instrument of writing,

purporting to be the last Will and

Testament of John Rathbone, late of Sciota Township, in this

County, deceased, was produced in open Court for Probate. On

Consideration whereof it is ordered that the said Will be filed

in this Court. And thereupon came Sarah E. Rathbone, widow

of said Testator (there being no next of kin) and in writing, waived

further Notice and consented to the probate of sadi Will.

And the hearing for the proving of said Will is set for the 9th day

of April A.D. 1889, at 3 o'clock. P.M.

N.F. Overturf

Probate Judge

Waiver.

I the undersigned widow of the within named decedent, hereby

wave further notice, and consent to the probate of said Will.

Dated this 22nd day of February. A.D. 1889.

Sarah E. Rathbone.

Journal Entry.

April 9 1889.

In the Matter of the Will of

John Rathbone, deceased. Be it remembered, that heretofore,

to-wit:

on the 22 day of February. A.D.1889,

an instrument of writing, purporting to be the last Will and Testa=

=ment of John Rathbone, late of Scioto Township, in this County _

deceased, was produced in open Court for probate, and was then

filed. And the widow having waived notice, there being no next of

kin, therefore came Oliver C. Miller, one of the subscribing

witnesses to said Will, who being duly sworn, testified to the due

execution at attestation of said Will. Which testimony was re:

=duced to writing by him subscribed , and filed with said Will,

And Lewis E. Carr, the other subscribing witness to said Will,

failing to appear, this cause is continued until the 11 day of

April. A.D. 1889.
N.F. Overturf

Probate Judge.

Testimony of Oliver O. Miller.

In Probate Court In the Matter of Proving the Last Will and

Delaware County. Ohio. Testament of John Rathbone, Deceased.


The State of Ohio

Delaware County.ss. Oliver C. Miller, being duly sworn and exam=

=ined as a witness in the above entitled matter

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 379)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 379)

Description

[page 379]

[corresponds to page 313 of Delaware County Will Records Vol. 8 1887-

1890]


313

John Rathbone's Will

says: I was present at the execution of the instrument now shown

to me, bearing date the 1st day of February. A.D.1888.and offered

for probate as the last Will and Testament of John Rathbone,

late of Scioto Township, in said County of Delaware, deceased,

and saw the said John Rathbone, now deceased sign and seal

said instrument, and heard him acknowledge the same to be his

last Will and Testament; and I, thereupon, at his request, and

in his presence, subscribed my name to the same as a witness.

The said decedent, was of full age, of sound mind and memory, and

not under any restraint.

Oliver C. Miller.

Sworn to and subscribed by said witness in open Court, this 9th day

of April. A.D.1889.

N.F. Overturf

{Seal} Probate Judge.




Journal Entry.

April 11 1889.

In the Matter of the Will

of John Rathbone,deceased. This day this cause came to be

heard and thereupon came Lewis E. Carr

the other subscribing witness to said Will, who being duly sworn,

testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by him subscribed, and

filed with said Will, whereupon the Court finds that the afore=

=said instrument of writing is the last Will and Testament of

said John Rathbone, deceased. That the same was duly exe=

=ecuted and attested; and that the said Testator, at the time of

making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admitted to probate,

and that the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon, be entered of

rec=

=ord in this Court.

N.F. Overturf

Probate Judge.



Testimony of Lewis E. Carr.


In Probate Court. In the Matter of Proving the last Will and

Delaware County. Ohio, Testament of John Rathbone, deceased.


The State of Ohio }

Delaware County, ss. } Lewis E. Carr, being duly sworn and exam=

=ined as a witness in the above entitled mat:

=ter, says; I was present at the execution of the instrument now

sworn to me, bearing date the 1 day of February. A.D.1888, and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 380)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 380)

Description

[page 380]

[corresponds to page 314 of Delaware County Will Records Vol. 8 1887-

1890]

314
John Rathbone's Will

offered for probate as the last Will and Testament of John Rathbone,

late of Scioto Township, in said County of Delaware, deceased, and

saw the said John Rathbone, now deceased, sign and seal said

instrument, and heard him acknowledge the same to be his last

Will and Testament; and I, thereupon, at his request, and in

his presence, subscribed my name to the same as a witness.

The said decedent, at the time of making, signing and sealing

said instrument, was of full age, of sound mind and memory, and

not under any restraint.

Lewis E. Carr.

Sworn to and subscribed by said witness in open Court, this 11th

day of April. A.D. 1889,

N.F. Overturf

{Seal} Probate Judge


Copy of Will.

In the name of the Benevolent Father of All, I, John Rath=

=bone do make and publish this my last will and testament.


Item 1 I give and bequeath & devise to my beloved wife Sarah Eliza=

=beth my entire Property consisting of a lot of land about Three

Acres in Scioto Township, Delaware County_ Ohio, & known as

the Jacob B. Smith lot formerly. And all my Tools, to-wit:

Two Set of Mason Tools. And all my Household furniture

as follows: Bed & Bedding. Bureau, Chairs, Clock.

Stands. Tables. Looking Glass & every other Article that may

belong to me at my death.

Item 2. I do hereby nominate and appoint Jacob Ostrander Executor

of this my last Will & Testament.

In testimony hereof I have here-

=unto set my hand & seal this 1st day of February A.D. 1888.

John Rathbone {S}


Signed & acknowledged by said John Rathbone as his last Will

& Testament in our presence and signed by us in his presence.

Lewis E. Carr {S}

Olive C. Miller {S}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 381)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 381)

Description

[page 381]

[corresponds to page 315 of Delaware County Will Records Vol. 8 1887-

1890]



315

Christopher Kirchner's Will

Journal Entry.

March 13th 1889. }

In the Matter of the Will }

of Christopher Kirchner, deceased.

This day an instrument of

writ:

:ing, purporting to be the last Will and Testament and Codicil

thereto, of Christopher Kirchner, late of Delaware City, in this

County, deceased, was produced in open Court for Probate. On

Consideration whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the application

to admit the same to probate and record, be given to John

Kirchner. Martin Kirchner_ Mariah Kurner and Hellena

Kraus heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for hearing before

this Court on the 21st day of March A.D.1889, at 1 o'clock.

P.M.

N. F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio In Probate Court.

Delaware County.ss. }

} In the matter of the last Will and Tes=

=tament of Christopher Kirchner, deceased.

To John Kirchner Martin Kirch:

=ner. Mariah Herner and Hellena Kraus.

You are hereby noti:

:fied that on this 13th day of March. A.D. 1889. an instrument

of writing, purporting to be the last Will and Testament of

Christopher Kirchner late of Delaware Township, in said

County. deceased, was produced in open Court, and an application

to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this

Court on the 21st day of March. A.D. 1889. at 1 o'clock. P.

M.,

N.F. Overturf.

Probate Judge.

Dated at Delaware Ohio, this 13th day of March. A.D.1889,


Return

The State of Ohio

Delaware County.ss M. Miller, being duly sworn, says that,

on the 13th day of March A.D.1889. he

served the within notice by delivering a true copy thereof to the

within named John Kirchner. Martin Kirchner. Mariah

Herner and Hellena Kraus.

M. Miller

Subscribed in my presence and sworn to before me this 21st
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 382)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 382)

Description

[page 382]

[corresponds to page 316 of Delaware County Will Records Vol. 8 1887-

1890]

316

Christopher Kirchner's Will

day of Mch. 1889.

N.F. Overturf

{Seal} Probate Judge.




Journal Entry.

March 21st 1889.

In the Matter of the Will of

Christopher Kirchner. deceased.

Be it remembered, that heretofore,

to-wit: on the 13th day of March. A.D. 1889. an instrument of

writing, purporting to be the last Will and Testament and Cod:

:icil thereto, of Christopher Kirchner, late of Delaware City,

in this County, deceased, was produced in open Court for pro:

=bate, and was then filed. And, it now being shown to the sat:

=isfaction of the Court, that due notice of the filing of said Will,

and of the application to admit the same to probate and record in

this Court, has been given to John Kirchner_ Martin Kirch=

=ner. Mariah Herner and Hellena Kraus, next of kin of the

Testator, resident of the State of Ohio. pursuant to a former

order of this Court; therefore, on this day came E. F. Poppleton

one of the subscribing witnesses to said Will, who being duly sworn

testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by him subscribed and

filed with said Will.

Also came E.F. Poppleton and Lee Wentz the subscribing wit:

=nesses to Codicil to said Will, who being duly sworn,

testified to the due execution and attestation of said Codicil,

which testimony was reduced to writing, by them respectively sub_

scribed, and filed with said Will.

James T. Shoup. Jr. the other subscribing witness to said Will,

failing to appear, the further hearing of said Will is continued

until the 27th day of April A.D.1889 at o'clock M., to

take the testimony of said James T. Shoup. Jr.

N.F. Overturf

Probate Judge.

Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court E.

F. Poppleton one of the subscribing witnesses to the last Will

and Testament of Christopher Kirchner, late of Delaware

Township in said Delaware County. deceased; who being

duly sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the execution

of said Will, deposes and says: That the paper before him

bearing date the 9 day of January. A.D.1882 purporting
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 383)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 383)

Description

[page 383]

[corresponds to page 317 of Delaware County Will Records Vol. 8 1887-

1890]



317

Christopher Kirchner's Will.

to be the last Will and Testament of Christopher Kirchner

now deceased, is the Will of said deceased Christopher Kirch_

=ner, that he was present at the execution of said Will, and

at the request of the Testator subscribed his name to the same

as a witness, in his presence; that he saw the said Christo=

=pher Kirchner deceased, sign and seal said Will, and heard

him acknowledge the same to be his last Will and Testament

and that the said Christopher Kirchner at the time of mak=

=ing, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

E.F. Poppleton

Sworn to and subscribed by said witness, in open Court this

21st day of March. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge

Probate of Codicil to Will.

The State of Ohio In Probate Court.

Delaware County.ss

Personally appeared in open Court_

E.F. Poppleton and Lee Wentz the subscribing witnesses to

the Codicil of the last Will and Testament of Christopher

Kirchner, late of Delaware Township in said Delaware

County, deceased; who being duly sworn, according to law, to

speak the truth, the whole truth, and nothing but the truth,

in relation to the execution of said Will, depose and say:

That the paper before them bearing date the 16 day of Octo=

=ber. A.D. 1886, purporting to be a Codicil to the last Will

and Testament of Christopher Kirchner, now deceased, is a

Codicil to the Will of said deceased Christopher Kirchner,

that they were present at the execution of said Codicil, and

at the request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence, that they

saw the said Christopher Kirchner deceased, sign and seal

said Codicil, and heard him acknowledge the same to be a

Codicil to his last Will and Testament, and that the said

Christopher Kirchner, at the time of making, signing and sealing

said Codicil, was of full age, of sound mind and memory, and

not under any restraint.

E.F. Poppleton

Lee Wentz.

Sworn to and subscribed by said witnesses, in open Court.

this 21st day of March. A.D.1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 384)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 384)

Description

[page 384]

[corresponds to page 318 of Delaware County Will Records Vol. 8 1887-

1890]

318

Christopher Kirchner's Will

Journal Entry.

April 27 1889.

In the Matter of the Will of }

Christopher Kirchner, deceased. }

This day came James T. Shoup.

Jr. the other subscribing witness to the said Will of Christopher

Kirchner, deceased, who being duly sworn, testified to the due ex:

=ecution and attestation of said Will. Which testimony was re:

=duced to writing, by him subscribed, and filed with said Will,

whereupon the Court finds from the testimony of the witnesses,

that the aforesaid instrument of writing is the last Will and

Testament and Codicil thereto of said Christopher Kirchner,

deceased. That the same was duly executed and attested,

and that the said Testator, at the time of making, signing

and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore by the

Court ordered. that the said Will be admitted to probate

and that the same together with the testimony of the witnesses

above named, as well as the proceedings had thereon, be entered

of record in this Court.

N.F. Overturf

Probate Judge.




Testimony of James T. Shuup. Jr.


In Probate Court. } In the Matter of proving the last Will and

Delaware County.Ohio, } Testament of Christopher Kirchner, Deceased


The State of Ohio }

Delaware County.ss. } James T. Shoup.Jr. being duly sworn and

examined as a witness in the above en:

:titled matter, says; I was present at the execution of the in:

:strument now shown to me, bearing date the 9th day of January.

A.D.1882. and offered for probate as the last Will and Testa:

=ment of Christopher Kirchner, late of Delaware Township in

said County of Delaware. deceased, and saw the said Christopher

Kirchner, now deceased, sign and seal said instrument, and heard

him acknowledge the same to be his last Will and Testament; and

I, thereupon, at his request, and in his presence, subscribed my

name to the same as a witness. The said decedent, at the time of

making, signing and sealing said instrument, was of full age,

of sound mind and memory, and not under any restraint.

James T. Shoup. Jr.


Sworn to and subscribed by said witness in open Court, this

27th day of April. A.D.1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 385)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 385)

Description

[page 385]

[corresponds to page 319 of Delaware County Will Records Vol. 8 1887-

1890]



319

Christopher Kirchner's Will.

Copy of Will.


In the name of the Benevolent Father of All.

I, Christopher Kirch_

=ner of the County of Delaware and State of Ohio, of lawful

age, and being of advanced age, and considering the uncertainty

of this mortal life and the certainty of death and the uncer=

=tainty of the time thereof, and being desirous of disposing of my

worldly effects while I remain in the flesh, do make and

publish this my last Will & Testament.


Item 1 I Will that all my just debts be first paid out of my

Estate.

Item 2 I will and direct that after my death that Twenty Five

Masses be said and held for me according to my religious

faith, two each week until all have been said any and all

expense attending the same to be paid out of my Estate.

Item 3 I Will and direct that my son John Kirchner shall be

held and required to pay of the indebtedness I hold against him

to my Executor hereinafter named the sum of Eleven Hundred

Dollars, and no more, which said Eleven Hundred Dollars

is to be treated as a part of my estate, and any and all other

claims I may hold against him either as principal or interest

shall not be demanded of him in any form.


Item 4 I Will and bequeath to my son Martin Kirchner the sum

of One Hundred Dollars to be paid to him in addition and

independent of the bequest made in the following item.


Item 5 I Will and bequeath to my four children, all the residue

of my estate, personal real or mixed of which I may die

seized, as follows, to my son John Kirchner an equal one

fourth part, to my son Martin Kirchner an equal one fourth

part (in addition to the $100.- in item fourth.)

To my daughter Mary Herner (formerly Mary Kirchner)

one equal one fourth part, and to my daughter Leana Krauss -

(formerly Leana Kirchner) an equal one fourth part.


Item 6 I do hereby nominate and appoint Martin Miller Execu=

=tor of this my last Will and Testament with full power to

carry the same into effect.

Item 7 I do hereby revoke all other and former Wills by me made

and declaim this alone to be my Last Will & Testament

In Witness Whereof I have hereunto set my

hand and seal this 9th day of January. A.D.1882.

C. Kirchner {Seal}


Signed, Sealed and acknowledged by the said Christopher
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 386)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 386)

Description

[page 386]

[corresponds to page 320 of Delaware County Will Records Vol. 8 1887-

1890]

320

Christopher Kirchner's Will

Kirchner as his Last Will & Testament in our presence and

signed by us in his presence and at his request and in the pres:

=ence of each other on this 9th day of January. A.D.1882.

E.F. Poppleton

James T. Shoup. Jr.

Codicil to above Will.


Whereas I Christopher Kirchner, on the 9th day of January A.

D.1882. made my last Will and Testament of that date,

do hereby declare the following to be a Codicil to the same:


I do hereby give and bequeath to my daughter Leana Krauss

(formerly Leana Kirchner) my house and lot situate on

Park Avenue (formerly third Street.) being Lot number 302,

in the City of Delaware Ohio, and being the same premises

occupied by me as a homestead. Also all of the house-goods

and furniture therein contained or of which I may die seized.

this bequest is made to my daughter on account of the care

and attention, she has, and is giving me in my old age, the

residue of my estate to be disposed of as provided in my Will

to which this is a codicil.

In Witness Whereof I have hereunto set

my hand and seal this 16th day of October. A.D.1886.

Christopher Kirchner {Seal}


Signed sealed and acknowledged by the said Christopher Kirch=

=ner as a Codicil to his last Will and Testament in our

presence and signed by us in his presence and in the presence

of each other and at his request this 16 day of October. A.

D.1886.
E.F. Poppleton

Lee Wentz.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 387)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 387)

Description

[page 387]

[corresponds to page 321 of Delaware County Will Records Vol. 8 1887-

1890]

321

Isabella Evan's Will

Journal Entry.

April 22 1889.

In the Matter of the Will of }

Isabella Evans, deceased. } This day an instrument of writing,

purporting to be the last Will

and Testament of Isabella Evans, late of Delaware City _

in this County, deceased, was produced in open Court for Probate.

On Consideration Whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of the applica=

=tion to admit the same to probate and record, be given to W. Z.

Evans- A.N. Evans - Jessie L. Evans - Mary B. Evans_

Phoebe M. Evans and Teresa B. Evans heirs and next of

kin of the Testatrix, resident of the State of Ohio, that said

application will be for hearing, before this Court on the

26 day of April A.D.1889. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County.ss }

In the Matter of the last Will and Tes=

=tament of Isabella Evans, deceased.

To W.Z. Evans_ A.N.

Evans - Jessie L. Evans . Mary B. Evans. Phoebe M

Evans and Teresa B. Evans.

You are hereby notified that

on the 22 day of April A.D. 1889. an instrument of writing.

purporting to be the last Will and Testament of Isabella

Evans late of Delaware Township, in said County deceased -

was produced in open Court, and an application to admit the

same to probate was on the same day made in said Court,

Said application will be for hearing before this Court on the 26

day of April. A.D.1889. at 10 o'clock A.M.

{Seal} N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 22 day of April A.D.1889,



Return.

The State of Ohio }

Delaware County,ss.} W.R. Evans being duly sworn, says that

on the 24 day of April. A.D.1889. he

served the within notice by delivering a true copy and obtaining a

written acknowledgement of notice thereof to the within named

W.Z. Evans. A.N. Evans. Jessie L. Evans - Mary B. Evans -

Phoebe M. Evans and by giving notice in writing to Teresa B.

Evans and also notice in writing to Julia J. Evans her mother

with whom she resides.

W.L. Evans.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 388)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 388)

Description

[page 388]

[corresponds to page 322 of Delaware County Will Records Vol. 8 1887-

1890]

322

Isabella Evans' Will

Subscribed in my presence and sworn to before me this 27 day

of Apr. 1889.

N.F. Overturf

{Seal} Probate Judge





Testimony of Henry J. Eaton


In Probate Court } In the Matter of proving the last

Delaware County. Ohio. } Testament of Isabella Evans, deceased.


The State of Ohio }

Delaware County.ss } Henry J. Eaton, being duly sworn and

examined as a witness in the above en:

titled matter, says : I was present at the execution of the in=

=strument now shown to me, bearing date the 20th day of Febru=

=ary A.D.1889. and offered for probate as the last Will and Tes:

=tament of Isabella Evans, late of Delaware Township, in said

County of Delaware, deceased. and saw the said Isabella Evans

now deceased sign and seal said instrument, and heard her ac=

=knowledge the same to be her last Will and Testament; and

I, thereupon, at her request, and in her presence, subscribed

my name to the same as a witness. The said decedent. at

the time of making, signing and sealing said instrument, was

of full age, of sound mind and memory, and not under any

restraint.

Henry J. Eaton

Sworn to and subscribed by said witness in open Court this

27th day of April. A.D. 1889.

N.F. Overturf

Probate Judge.

Journal Entry.

April 26 1889.

In the Matter of the Will

Isabella Evans, deceased.

Be it remembered, that heretofore,

to-wit: on the 22nd day of April. A.D. 1889. an instrument

of writing, purporting to be the last Will and Testament of

Isabeella Evans, late of Delaware City, in this County

deceased, was produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction of the Court,

that due notice of the filing of said Will, and of the appli:

=cation to admit the same to probate and record in this Court,

has been given to W.Z.Evans. A.N. Evans. Jessie L. Ev:

=ans. Mary B. Evans. Phoebe M. Evans and Teresa B.

Evans, also to Julia J. Evans, mother of said Teresa

B. Evans, heirs and next of kin of said Testatrix, resident
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 389)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 389)

Description

[page 389]

[corresponds to page 323 of Delaware County Will Records Vol. 8 1887-

1890]

323

Isabella Evans' Will

of the State of Ohio, pursuant to a former order of this Court;

therefore, on this day came Henry J. Eaton, one of the sub:

=scribing witnesses to said Will, who being duly sworn, testified

to the due execution and attestation of said Will, which tes=

timony was reduced to writing, by him subscribed and filed with

said Will.

And it appearing to the Court that John W. Bernard -

the other subscribing witnesses to said Will, is a resident of jurisdiction of

Findley Ohio, and is without the jurisdiction of this Court.

It is thereupon ordered that a Commission, with the Will an=

=nexed, issued herein to Geo. W. Myers Probate Judge of

Hancock County Ohio directing him to take the testimony

of said subscribing witness and return the same, according

to law, with all convenient speed, to this Court.

N.F. Overturf

Probate Judge



Commission to take Testimony of Witness

to Will ~ And Return.

__________________________________________________

In the Probate Court of: Delaware County. Ohio.


In the Matter of the Probate }

of the Last Will and Testament } To Geo. W. Meyers

of Isabella Evans, Deceased. }

An application having been

on the 22nd day of April A.D. 1889. made to admit to Pro:

=bate in said Court the Last Will and Testament of Isabella

Evans, late of said Delaware County Ohio, deceased, and John

W. Bernard one of the subscribing witnesses to said Will, re:

: siding out of the jurisdiction of this Court. You are hereby

authorized to take the deposition of the said John W Bernard

as such witness to said Last Will and Testament, and such

deposition so taken and certified by you, together with said Last

Will and Testament to this commission annexed marked "A,"

you will return to this Court without delay.

Given under my hand and the

Seal of said Court, this 27 day of April. A.D.1889.

N.F. Overturf

{Seal} Probate Judge

Delaware County. Ohio


Commissioner's Return, with Deposition of Witness.

In Probate Court

In the Matter of the Probate of } To the Probate Court of the

the Last Will and Testament of } County of Delaware. Ohio.

Isabella Evans, deceased. }

Pursuant to the authority and terms
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 390)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 390)

Description

[page 390]

[corresponds to page 324 of Delaware County Will Records Vol. 8 1887-

1890]

324

Isabella Evans Will

of the above commission, I did, on the 30 day of April. A.D 1889,

take the deposition of John W. Bernard as one of the subscribing

witnesses to the last Will and Testament of Isabella Evans.

deceased.

And the said John W. Bernard being by me first duly sworn,

did depose and say: That he was subscribing witness to the paper

hereto annexed - marked "A." - and presented to him purporting to

be the last Will and Testament of Isabella Evans, deceased;

that he was present at the execution of said Last Will and Tes=

=tament; that he saw the Testatrix subscribe, and heard her

acknowledge the same as her last Will and Testament, and

that he signed the same as witness in the presence of said

Testatrix and at her request; "and that the testatrix at the

time of executing the same, was of full age, of sound mind and

memory, and not under any restraint.

J.W. Bernard.

Sworn to before me and subscribed in my presence, and now

here certified to and returned by me, this 30 day of April.

A.D. 1889.

Geo. W. Myers.

Commissioner.


Journal Entry.

May 3 1889.

In the Matter of the Will of }

Isabella Evans, deceased. }

The Commission heretofore issued herein

to take the testimony of John W. Bernard, one of the subscrib=

=ing witnesses to the Will of said Isabella Evans, deceased,

was this day returned duly executed, and the same was filed

herein.

And it appearing to the Court from the examination of the

former witness and from the deposition of the said John W.

Bernard, that the aforesaid instrument of writing is the last

Will and Testament of said Isabella Evans, deceased.

That the same was duly executed and attested, and that the

said Testatrix, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint. It is therefore, by the Court ordered, that the

said Will be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 391)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 391)

Description

[page 391]

[corresponds to page 325 of Delaware County Will Records Vol. 8 1887-

1890]



325

Isabella Evan's Will

Copy of Will


The Last Will & Testament of

Mrs. Isabella Evans widow of Thomas Evans Jr.

of the City of Delaware Ohio, deceased.
________________________


On this twentieth day of February. A.D. eighteen hundred &

eighty nine at the City of Delaware Ohio, I, the said Isabella

Evans, (to whom my said Husband on April 6 A.D.1888,

Willed all his estate, ) desiring that all my estate may, at

my decease, be so disposed of as to do our beloved sons & daughters

& grand-daughter the greatest good & be settled & distributed with

the least possible expense, do make and declare this is my

last Will & testament.

Item First:I will that the expenses of my last sickness & funeral be paid

& a plain nice but not extravagant family monument erected on

our lot in Oak Grove cemetery in the City of Delaware Ohio; as

soon as my Executors may find it so to do without sac:

=rifice of property.

Item Second: I give & bequeath all my household goods & furniture,

wearing

apparel, books, pictures & ornaments to my three beloved daughters

Jessie L. - Mary B. & Phebe M. Evans, to be by them equally

divided among themselves, leaving it to them to give to their

Brothers such keepsakes as their Brothers may select & they in

their affectionate kindness may see fit to let them have,

Item Third: I will & direct, that my son Wesley Z. Evans, shall

not be

required to pay off his indebtedness to my estate, only at the

rate of, [two words crossed out] not to exceed the sum of One Thousand

Dol:

=lars per year, the first payment to become due one year from my

decease.

Item Fourth: I do hereby nominate constitute & appoint my sons Wesley Z. &

Aaron N. Evans Executors of my last & Testament, &

knowing them to be honest, faithful & trusty, I request that they

shall not be required to give any bond, or to have made any inven=

=tory or appraisement of my estate or to return to Court any sale

bill thereof.

Item Fifth: I do hereby authorize & empower my said Executors,

whenever they

may find it necessary in order to pay any indebtedness of my es=

=tate or any indebtedness of the estate of my deceased husband,

the said Thomas Evans, Jr. to sell any property personal or real

or both, (excepting that property above in "Item Second" given to

my daughters,) belonging to my estate & at public or private sale,

& upon such terms as in their judgment may be best for the es=

=tate, & for the real estate so sold I do hereby authorize them to

execute and deliver proper deeds in fee simple.

Item Sixth: I do also hereby authorize & direct my said Executors

after all

the collectable debts belonging to my estate are collected, & all just

debts owing by estate are paid, to proceed, as soon as in their

judgment it can be done without unnecessary sacrifice of property
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 392)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 392)

Description

[page 392]

[corresponds to page 326 of Delaware County Will Records Vol. 8 1887-

1890]

326

Isabella Evans' Will

to/convert all property of my estate real & personal not theretofore

dis:

=posed of into money by sale at public or private sale of both & upoon

such terms as they may think best for the estate & deeds in fee

simple for the real estate so sold to execute and deliver,& the pro:

=ceeds of all my estate left after paying all just debts as aforesaid,

(& excepting the property disposed of in said "Item Second",) my

said Executors shall divide equally share & share alike among my

two beloved sons said Wesley Z. & Aaron N. Evans & my three be:

=loved daughters above in "Item Second" named & my beloved grand=

=daughter Teresa B. Evans only child of my deceased son Thomas

B. Evans to each to one sixth (1/6) part thereof.

Item Seventh: I do hereby constitute & appoint my said sons,

Trustees for my

said grand-daughter, now only about four years of age,) & will &

direct

that they do take the charge & management of that share of my es:

=tate that shall fall to her at the distribution among my heirs above

in "Item Sixth" provided, & that they the said Trustees shall

pay over to her Guardian when she arrives at the age of ten years the

net accumulations of the income of said Teresa's share of my estate,

& that they then annually thereafter pay over the net income thereof

to her guardian until she arrives at the age of eighteen years &

that they then annually thereafter pay over to the said Teresa the

net income thereof until she arrives at the age of twenty five

years, & that the said Trustees then pay over to her the principal

of her said share of my estate; & their said trust shall thus then

cease & determine.

If the said Teresa shall die before becoming twenty five years of

age leaving issue surviving her, then the net income of her said

share of my estate shall be annually paid over to the guardian of

said surviving issue until such surviving issue shall arrive at

the age of majority & then the principal shall be paid over to said

issue

& said trust shall then cease & determine.

If the said Teresa shall die before becoming twenty five years of

age leaving no issue surviving her, or if surviving issue shall

die before arriving at the age of majority, then, in either event, the

said Teresa's share of my estate shall be equally divided among my

heirs & said trust shall shall then cease & determine. I request that

the said Trustees in executing the said trust shall not be re=

=quired to give any bond.

In testimony whereof I, the said Isabella Evans

have hereunto set my signature this Febr. 20 A.D.1889.

Isabella Evans.

Signed by the said Isabella Evans in our presence & by her to us

acknowledged to be her last Will & testament, & signed by us as

witnesses thereto at her request & in her presence & in the presence

of each other.

John W. Bernard.

Henry J. Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 393)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 393)

Description

[page 393]

[corresponds to page 327 of Delaware County Will Records Vol. 8 1887-

1890]



327

Harriet Sackrider's Will

Journal Entry.

April 27 1889.

In the Matter of the Will of }

Harriet Sackrider, deceased. } This day an instrument in writ:

=ing, purporting to be the last

Will and Testament of Harriet Sackrider, late of Berkshire

Township, in this County. deceased, was produced in open Court

for Probate; On Consideration Whereof, it is ordered that the

said Will . be filed in this Court. There being no next.

of kin of said Testatrix resident of the State of Ohio, the

hearing for the proving of said Will is set for the 2nd day

of May A.D. 1889. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.



Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last } Application to Admit to Probate.

Will and Testament of Harriet }

Sackrider, Deceased. }

To the Hon. N.F. Overturf. Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that Harriet Sackrider late a resident of the Township of

Berkshire in said County, died on or about the 22nd day of

April A.D. 1889 leaving an instrument in writing, hereto at:

=tached, purporting to be her last Will and Testament:

That the said Harriet Sackrider died leaving no widower nor

next of kin resident of the State of Ohio.

Your petitioner prays that a time may be fixed for the proving

of said Will.

George A. Yeamans.

The foregoing application was signed in my presence and sworn

to before me, this 27th day of April. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry

May 2 1889.

In the Matter of the Will of }

Harriet Sackrider, deceased. } Be it remembered, that heretofore,

to-wit:

on the 27th day of April. A.D. 1889,

an instrument of writing, purporting to be the last Will and

Testament of Harriet Sackrider, late of Berkshire Township, in

this County deceased. was produced in open Court for probate

and was then filed. And now comes Sophia Hults, one of the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 394)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 394)

Description

[page 394]

[corresponds to page 328 of Delaware County Will Records Vol. 8 1887-

1890]

328

Harriet Sackrider's Will

subscribing witnesses to said Will, who being duly sworn, testi:

=fied to the due execution of said Will, Which

testimony was reduced to writing. by her subscribed, and filed with

said Will. Joel Cleveland the other subscribing witness to said

Will, failing to appear, this hearing is continued until the 8th day

of May A.D. 1889.

N.F. Overturf

Probate Judge:



Probate of Will.

In Probate Court } In the Matter of proving the Last Will and

Delaware County. Ohio } Testament of Harriet Sackrider, Deceased.


The State of Ohio }

Delaware County.ss. } Sophia Hultz, being duly sworn and

examined as a witness in the above en:

=titled matter says; I was present at the execution of the instru=

=ment now shown to me, bearing date the 27th day of July A.

D. 1870 and offered for probate as the last Will and Testament

of Harriet Sackrider, late of Berkshire Township, in said Boun:

=ty of Delaware, deceased, and saw the said instrument, and heard her

acknowledge the same to be her last Will and Testament; and

I, thereupon, at her request, and in her presence, subscribed my

name to the same as a witness. The said decedent, at the time

of making, signing and sealing said instrument, was of full

age, of sound mind and memory, and not under any restraint.

Sophia Hults.

Sworn to and subscribed by said witness in open Court, this

2nd day of May. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.



The State of Ohio }

Delaware County.ss } Joel Cleveland, being duly sworn and

examined as a witness in the above en=

=titled matter, says; I was present at the execution of the instru:

=ment now shown to me, bearing date the 27th day of July. A.

D. 1870; and offered for probate as the last Will and Testament

of Harriet Sackrider, late of Berkshire Township, in said

County of Delaware, deceased, sign and seal said instrument, and

heard her acknowledge the same to be her last Will and Tes:

=tament; and I, thereupon, at her request, and in her presence,

subscribed my name to be same as a witness. The said dece:

=dent, at the time of making, signing and sealing said instru:

=ment, was of full age, of sound mind and memory, and not under

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 395)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 395)

Description

[page 395]

[corresponds to page 329 of Delaware County Will Records Vol. 8 1887-1890]



329

Harriet Sackrider's Will

any restraint.

Joel Cleveland.

Sworn to and subscribed by said witness in open Court, this

8th day of May. A.D.1889.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

May 8 1889

In the Matter of the Will of }

Harriet Sackrider,deceased. } This day this cause came on to be

heard, and thereupon came Joel Cleve:

=land, the other subscribing witness to said Will, who being duly

sworn, testified to the due execution and attestation of said Will,

Which testimony was reduced to writing, by him subscribed. and

filed with said Will, whereupon the Court finds that the afore:

=said instrument of writing, is the last Will and Testament of said

Harriet Sackrider, deceased: That the same was duly executed

and attested; and that the said Testatrix, at the time of making

signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to probate, and

that the same, together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered of record

in this Court.

N.F. Overturf

Probate Judge.

Copy of Will.

In the name of the Benevolent Father of All I Harriet Sackrider of

Berkshire Township County of Delaware and State of Ohio, do make

and publish this my last Will and Testament.

Item 1 I give and devise to George A. Yeamans a relative of mine and also

has been brought up in my family the farm on which I now re:

=side lying a part in Berkshire and a part in Berlin Township

containing fifty acres of land he paying all just claims and paying

all legal expenses that may come against me after my death.

Item 2 I give to the above named George A. Yeamans all my personal prop=

=erty and effects that may v left after paying expenses as above named.

Item 3 I desire all my property to pass direct into the hands of said

Yea:

=mans without any appraisement or sale of any kind and if he should

not be of age at the time of my death that he have a guardian ap:

=pointed

Item 4 I do hereby nominate and appoint Joel Cleveland Executor of

this my

last Will and Testament hereby authorizing and empowering him

to settle all debts and credits that may be necessary to settle

and also to see that there by placed at my grave a tomb stone

similar to the one at the grave of my husband.

In testimony hereof I have hereunto
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 396)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 396)

Description

[page 396]

[corresponds to page 330 of Delaware County Will Records Vol. 8 1887-

1890]

330
Harriet Sackrider's Will

set my hand and seal this 27th day of July. A.D. 1870.

Harriet Sackrider {Seal}

Signed and acknowledged by Harriet Sackrider as his last Will

and Testament in our presence and signed by us in her presence.

Sophia Hults

Joel Cleveland.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 397)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 397)

Description

[page 397]

[corresponds to page 331 of Delaware County Will Records Vol. 8 1887-1890]



331

Absalom Port's Will

Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the last }

Will and Testament of } Application to Admit to Probate.

Absalom Port, deceased. }

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that Absalom Ports,

late a resident of the Township of Berkshire in said County, died

on or about the 12th day of May. A.D. 1888, leaving an instrument

in writing, hereto attached, purporting to be his last Will and

Testament: That the said Absalom Ports died leaving Mary

Ports, his widow, who deceased May 7 1889. and the following named

persons his only next of kin resident of the State of Ohio:


Name Degree of Kinship P.O. Address.

Rebecca Ports Daughter Sunbury. O

Elizabeth Priest " Galena. Nebraska

J.A. Ports Son Sunbury O.

Mina Tooker Daughter Kilbourne City, Wis.

Hannah Crego " Columbus O.

Nellie S. Townley " Sunbury ,O.

Charley Lewis Grand- Son New Carydon, Ind.

Edward Lewis " "


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be noti=

=fied according to law of the pending of said proceedings.

J.A. Ports.

The foregoing application was signed in my presence and

sworn to before me, this 3rd day of June. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.

Waiver

I, the undersigned, J.A. Ports, one of the heirs of the

within named decedent, hereby waive further notice, and

consent to the probate of said Will.

.

Dated this 3 day of June. A D.1889.

J. A. Ports.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 398)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 398)

Description

[page 398]

[corresponds to page 332 of Delaware County Will Records Vol. 8 1887-

1890]

332

Absalom Ports' Will

Journal Entry.

June 3 1889.

In the Matter of the Will

of Absalom Ports, deceased.

This day an instrument of writing,

purporting to be the last Will and Testament of Absalom Ports,

late of Berkshire Township, in this County, deceased, was produced

in open Court for Probate, On Consideration Whereof, it is order:

=ed that the said Will be filed in this Court, and that due no=

=tice thereof, and of the application to admit the same to probate and

record, be given to Rebecca Ports . Hannah Crego and Nellie

S. Townley heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for hearing before this

Court on the 18th day of June. A.D.1889. at 10 o'clock A.M.,

(J. A. Ports having waived notice and consented to probate of said

Will.)
N. F. Overturf.

Probate Judge.

Notice to Heirs.

The State of Ohio } In Probate Court

Delaware County.ss. }

In the matter of the last Will and Testa:

=ment of Absalom Ports, deceased.

To Rebecca Ports. Hannah Crego and

Nellie S. Townley

You are hereby notified that on the 3rd

day of June. A.D.1889. an instrument of writing, purporting

to be the last Will and Testament of Absalom Ports, late of

Berkshire Township, in said County, deceased, was produced in

open Court and an application to admit the same to probate

was on the same day made in said Court, Said application

will be for hearing before this Court on the 18th day of June .

A.D.1889. at 10 o'clock A.M.,

N.F. Overturf.

Probate Judge.

Dated Delaware Ohio, this 3rd day of June. A.D.1889.

{Seal}

Return.


The State of Ohio

Delaware County.ss.

J.A. Ports, being duly sworn, says that

on the 3rd day of June. A.D. 1889. he served the within notice

by delivering a true copy thereof to the within named Rebecca

Ports. Hannah Crego and Nellie S. Townley.

J.A. Ports

Subscribed in my presence and sworn to before me, this 18th day
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 399)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 399)

Description

[page 399]

[corresponds to page 333 of Delaware County Will Records Vol. 8 1887-

1890]



333

Absalom Ports' Will

of June 1889.

N.F. Overturf

Probate Judge

Proof of Signature of Witness to Will.


The State of Ohio }

Delaware County ss. }

Mary Crawford being duly sworn, says

that she was well acquainted with J.P. Crawford who is now

deceased, that he was well acquainted with the hand writing of

the said J. P. Crawford, having often seen him write, that the

signature J.P. Crawford as subscribing witness to the last

Will and Testament of Absalom Ports, deceased, is the own

proper hand writing and signature of the said J.P. Crawford

who at the date of said Will was in full life, and resided in

Berkshire Village, in said County.

Mary Crawford

Sworn to before me, and subscribed in my presence, this 18th day

of June. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Proof of Signature of Witness to Will.

The State of Ohio }

Delaware County.ss. }

J.A. Ports, being duly sworn, says that

he was well acquainted with J.P. Crawford & Daniel Vandemark

who are now deceased, that he was well acquainted with the hand-

writings of the said J.P. Crawford & Daniel Vandemark, having

often seen them write, that the signature J.P. Crawford & Dan:

=iel Vandemark as subscribing witnesses to the last Will and

Testament of Absalom Ports, deceased, is in the own proper

hand writing and signature of the said J.P. Crawford & Daniel

Vandemark who at the date of said Will were in full life, and

resided in Berkshire Township. Berkshire Village in said

County.
J.A. Ports.

Sworn to before me, and subscribed in my presence, this 18th day

of June. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 400)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 400)

Description

[page 400]

[corresponds to page 334 of Delaware County Will Records Vol. 8 1887-

1890]

334

Absalom Ports' Will

Proof of Signature of Witness to Will.


The State of Ohio

Delaware County.ss.

Margaret Beach being duly sworn,

she was well acquainted with Daniel Vandemark who is now de:

=ceased, that she was well acquainted with the hand writing of the said

Daniel Vandemark, having often seen him write, that the signature

Daniel Vandemark as subscribing witness to the last Will and Tes:

=tament of Absalom Ports, deceased, is in the own proper hand

writing and signature of the said Daniel Vandemark who at

the date of said Will was in full life, and resided in Berkshire

Township, in said County.

Margaret Beach.

Sworn to before me, and subscribed in my presence, this 18th day

of June. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

June 18 1889.

In the Matter of the Will of }

Absalom Ports, deceased, } Be it remembered, that heretofore, to-wit:

on the 3 day of June. A.D. 1889. an instru:

=ment in writing, purporting to be the last Will and Testament of

Absalom Ports, late of Berkshire Township, in this County, deceas:

=ed was produced in open Court for Probate and was then filed.

And, it now being shown, to the satisfaction of the Court, that due

notice of the filing of said Will, and of the application to admit the

same to probate and record in this Court, has been given to Rebecca

Ports Hannah Crego and Nellie S. Townley heirs and next of kin

of the Testator; resident of the State of Ohio, pursuant to a former

order of this Court. J.A. Ports and Mary Crawford appeared in

open Court, and were duly sworn and examined according to law touch:

=ing the genuineness of the signature of said J. P. Crawford, attached

to said Will, and their testimony thereon was reduced to writing and

filed, also J.A. Ports and Margaret Beach appeared in open Court, and

were duly sworn and examined according to law touching the genuineness

of the signature of said Daniel Vandemark, attached to said Will, and

their testimony thereon was reduced to writing and filed. Whereupon,

the Court finds that the aforesaid instrument of writing is the last

Will and Testament of said Absalom Ports, deceased, That the same

was duly executed and attested. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and that the same, together

with all the proceedings had thereon, be entered of record in this Court.

N.F. Overturf.

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 401)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 401)

Description

[page 401]


[corresponds to page 335 of Delaware County Will Records Vol. 8 1887-

1890]

335

Absalom Port's Will

Copy of Will

In the name of the benevolent Father of All, I, Absalom Ports

do make and publish this my last Will and Testament.

Item First I give and devise to my beloved wife in lieu of her

dower the farm

on which we now reside. Situate in Berkshire Township in

Section three of Township four.of Range Seventeen and lot seven:

=teen containing one hundred and twenty three acres & ninety two

hundredths of one acre during her natural life time if she remain

my Widdow provided my wife should marry I then will that my

estate go to probate and all the stock house hold goods furniture

& provisions and other goods and chattles may be thereon at the

time of my decease during her natural lifetime as aforesaid she how=

=ever selling so much thereof as may be sufficient to pay my just

debts and at the death of my said Wife of her [sic] marrage the real

estate to aforesaid and such part of the said personal property or the

proceeds

thereof as may then remain unconsumed and unexpended I give and

devise as follows:

Item Second. I give and devise to my son [sic] Isreal A. Ports One

thousand dollars

and to my Daughter Rebecca Ports I give and devise One hundred dollars

Item Third. I also give and devise to my son Israel A. Ports and

Rebecca Ports an

equal share of all the residue of my property real and personal to=

=gether with my Daughters Mary Lewis Elizabeth Jane Thompson

[sic] Willmina Ports Hannah Ports. Serrepta P. Ports.

I do hereby nominate and appoint my son Israel A. Ports Ex:

=ecutor of this my last Will and Testament hereby authorizing and

empowering him to compromise adjust release and discharge in

such manner as he may deem proper the debts and claims due me

I do also authorize and empower him 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 ac:

=knowledge and deliver in fee simple.

I do hereby revoke all former Wills by me made.

In testimony whereof I have hereunto

set my hand and seal this 13 day Oct. in the year of our Lord

1864.

Absalom Ports {Seal}

Signed and acknowledged by said

Absalom Ports as his last Will

and Testament in our presence and

signed by us in his presence.

J.P. Crawford

Daniel Vandemark.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 402)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 402)

Description

[page 402]

[corresponds to page 336 of Delaware County Will Records Vol. 8 1887-1890]

336

George A. Gifford's Will.

Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the last }

Will and Testament of } Application to Admit to Probate

George A. Gifford, deceased }

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that George A. Gifford late a resident of the Township of Berkshire

in said County, died on or about the 7th day of June. A.D.1889 be-

=ing an instrument in writing, hereto attached, purporting to be his

last Will and Testament: That the said George A. Gifford

died leaving Emeline A. Gifford widow and no other persons his

next of kin:

Your petitioner prays that a time may be fixed for the proving of

said Will.

Emeline A. Gifford.

The foregoing application was signed in my presence and sworn

to before, this 12th day of June. A.D 1889.

N.F. Overturf

{Seal} Probate Judge.



Waiver.

I, the undersigned widow of the within named decedent, hereby

waive further notice, and consent to the probate of said Will.

Dated this 12th day of June. A.D.1889.

Emeline A. Gifford.


Journal Entry.

June 12th 1889.

In the Matter of the Will

of George A. Gifford, deceased.

This day, an instrument of writing,

purporting to be the last Will and Testament of George A. Gif:

=ford, late of Berkshire Township, in this County, deceased, was pro=

=duced in open Court for Probate; On Consideration Whereof, it

is ordered that the said Will be filed in this Court, and thereupon

came Emeline A. Gifford, widow of said Testator, (there being no

next of kin resident of the state of Ohio) and in writing, waived

further notice and consented to the probate of said Will. And

the hearing of said Will is set for Tuesday the 18 day of June.

A.D.1889. at 10 o'clock A.M., to which time this matter is

continued.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 403)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 403)

Description

[page 403]

[corresponds to page 337 of Delaware County Will Records Vol. 8 1887-

1890]



337

George A. Gifford's Estate.

Probate of Will

The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court

James R. Smythe and George J. Roberts' the subscribing

witnesses to the last Will and Testament of George A. Gifford,

late of Berkshire Township in said Delaware County. deceased;

who being duly sworn according to law, to speak the truth, the

whole truth, and nothing but the truth, in relation to the exe=

=cution of said Will, depose and say: That the paper before

them bearing date the 24th day of March. A.D.1888 purporting

to be the last Will and Testament of George A. Gifford, now

deceased, is the Will of said deceased George A. Gifford,

that they were present at the execution of said Will, and at

the request of the Testator, respectively subscribed their names

to the same as witnesses, in his presence, that they saw the said

George A. Gifford deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will and Testa=

=ment, and that the said George A. Gifford at the time of

making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

James R. Smythe

George J. Roberts.

Sworn to and subscribed by said witnesses, in open Court,

this 18th day of June. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.




Journal Entry.

June 18 1889.

In the Matter of the Will

of George A. Gifford, deceased

Be it remembered, that heretofore,

to-wit; on the 12th day of June. A D. 1889. an instrument of

writing, purporting to be the last Will and Testament of

George A. Gifford, late of Berkshire Township, in this

County, deceased, was produced in open Court for probate , and was

then filed. The widow of said Testator having waived Notice, and

there being no next of kin of said decedent, thereupon came

James R. Smythe and George J. Roberts the subscribing

witnesses to said Will, who being duly sworn, testified to the

due execution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed, and

filed with said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testa=

=ment of said George A. Gifford, deceased. That the same was

duly executed and attested; and that the said Testator, at
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 404)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 404)

Description

[page 404]


[corresponds to page 338 of Delaware County Will Records Vol. 8 1887-1890]

338

George A. Gifford's Will

the time of making, signing and sealing said Will, was of full age,

of sound mind and memory, and not under any restraint. It is,

therefore, by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had thereon, be

entered of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will

In the name of the Benevolent Father of All, I George A.

Gifford of Berkshire Township. Delaware County and State of

Ohio, do make and publish this my last Will and Testament.

First , It is my will that my just debts and all charges be paid out of

my estate.

Item I give and devise all the residue of my estate both personal

and real

including my farm on which we now reside situate in

Berkshire Township aforesaid and adjoining the town of Galena

and A. Washburns land on the north containing about thirty

eight acres. to Emeline A. Gifford, my wife to be to her and hers

absolutely (she however selling as much thereof as may be suf=

=ficient to pay my just debts.

Item. I do hereby nominate and appoint the said Emeline A. Gifford,

my wife executrix of this my last Will and Testament, hereby

authorizing and empowering her to compromise, adjust, release and

discharge as she may deem proper the debts and claims due me.

I do also authorize and empower her if it shall become necessary in

order to pay my debts, to sell by private sale, or in such manner,

upon such terms of credit or otherwise as she may think proper

all or any part of my real estate and deeds to purchasers to exe=

=cute, acknowledge and deliver in fee simple.

I desire that no appraisement and no sale of my personal prop=

=erty be made and that my Executrix be not required to give

bond, and that the Court of Probate so direct

In testimony hereof I have

hereunto set my hand and seal this 24th day of March. in the

year 1888.

George A. Gifford. {SeaL}


Signed and acknowledged by said George A. Gifford as his last

Will and Testament in our presence and signed by us in his

presence.

James R. Smythe

George J. Roberts
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 405)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 405)

Description

[page 405]

[corresponds to page 339 of Delaware County Will Records Vol. 8 1887-1890]



339

Lyman Carpenter's Will.

Application for Probate of Will


The State of Ohio } In Probate Court

Delaware County ss. }

In the Matter of the Last WIll and Testa=

:ment of Lyman Carpenter, Deceased.

Application to Admit to Probate.


To the Hon. N.F. Overturf. Judge of the Probate Court in and

for said County:

Your petitioner respectfully represents that Lyman

Carpenter, late a resident of the Township of Oxford, in said Coun=

=ty, died on or about the 23rd day of May. A.D. 1889, leaving an in=

=strument in writing, hereto attached, purporting to be his last

Will and Testament: That the said Lyman Carpenter died

leaving Elizabeth Carpenter widow and the following named per=

=sons his only next of kin resident of the State of Ohio:


Name Degree of Kinship. P.O. Address.

Lewis Carpenter Son Ashley. O.

Lafayette Carpenter " Ashley. O.

Gilbert Carpenter " " "

Ada Granger Daughter Westfield. O.

Catharine Smith " Waldo. O.

Grant Carpenter Grand Son. Westfield. O.


Your petitioner prays that a time may be fixed for the prov=

=ing of said Will, and that said above named persons may be

notified according to law of the pending of said proceedings

Gilbert Carpenter.

The foregoing application was signed in my presence and sworn

to before me, this 5th day of June. A.D.1889.

N.F. Overturf

{Seal} Probate Judge



Waiver

We, the undersigned Gilbert Carpenter, of the within named de=

=cedent, hereby waive further Notice and consent to the probate of

said Will.

Dated this 5th day of June. A.D. 1889.

Gilbert Carpenter.



Journal Entry.

June 5 1889.

In the Matter of the Will of }

Lyman Carpenter, decd } This day, an instrument of writing,

purporting to be the last Will and Testa=

=ment of Lyman Carpenter, late of Oxford Township, in this

County, deceased, was produced in open Court for Probate; On
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 406)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 406)

Description

[page 406]

[corresponds to page 340 of Delaware County Will Records Vol. 8 1887-

1890]

340

Lyman Carpenter's Will.

Consideration Whereof. it is ordered that the said Will be filed

in this Court, and that due Notice thereof, and of the application

to admit the same to probate and record, be given to Elizabeth

A. Carpenter his widow, and Lafayette Carpenter - Lewis Carpenter -

Ada Granger - Catharine Smith and Grant Carpenter heirs and

next of kin of said Testator, resident of the State of Ohio, that

said application will be for hearing before this Court on the 22

day of June. A.D. 1889. at 1 o'clock, P.M.

N.F. Overturf

Probate Judge.



Notice to Heirs.



The State of Ohio } In Probate Court.

Delaware County.ss }

In the Matter of the last Will and Testament

of Lyman Carpenter, Deceased.

To Elizabeth Carpenter - Lewis Carpenter -

Lafayette Carpenter - Ada Granger - Catharine Smith and

Grant Carpenter,

You are hereby notified that on the 2nd day of

June. A.D. 1889. an instrument of writing, purporting to be the last

Will and Testament of Lyman Carpenter, late of Oxford Town:

:ship, in said County, deceased, was produced in open Court, and

an application to admit the same to probate was on the same

day made in said Court. Said application will be for hearing

before this Court on the 22nd day of June. A.D. 1889. at 1

o'clock P.M.,

N.F. Overturf

{Seal} Probate Judge

Dated at Delaware Ohio this 2 day of June.A.D.

1889.




Return.


The State of Ohio }

Delaware County.ss. }

Gilbert Carpenter, being duly sworn,

says that on the 6th day of June. A.D. 1889. he served the

within Notice by delivering a true copy thereof to the within

named Ada Granger. R.L. Carpenter - Lafayette Carpenter-

Elizabeth A. Carpenter- Catharine Smith - Grant Carpen=

=ter.

Gilbert Carpenter.

Subscribed in my presence and sworn to before me this 22nd

day of June. 1889.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 407)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 407)

Description

[page 407]

[corresponds to page 341 of Delaware County Will Records Vol. 8 1887-1890]


341

Lyman Carpenter's Will.

Probate of Will

The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court C.D.

and William Skank the subscribing witnesses to the last

Will and Testament of Lyman Carpenter, late of Oxford Town=

=ship in said Delaware County, deceased; who being duly sworn

according to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the 10th day of

April. A.D. 1885. purporting to be the last Will and Testament

of Lyman Carpenter now deceased, is the Will of said deceased

Lyman Carpenter, that they were present at the execution of said

Will, and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his presence; that they

saw the said Lyman Carpenter deceased sign and seal said Will,

and heard him acknowledge the same to be his last Will and Testament,

and

that the said Lyman Carpenter at the time of making, signing and

sealing

said Will, was of full age, of sound mind and memory, and not under

any restraint

C.D. Jones. Wm Skank.

Sworn to and subscribed by said witnesses, in open Court, this

22nd day of June. A.D.1889.

N.F. Overturf.

Probate Judge.



Journal Entry.

June. 22 1889.

In the Matter of the Will of }

Lyman Carpenter, deceased } Be it remembered, that heretofore, to-

=wit: on the 5 day of June.A.D.

1889, an instrument of writing, purporting to be the last Will and

Testament of Lyman Carpenter, late of Oxford Township, in this

County deceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will, and of the ap=

=plication to admit the same to probate and record in this Court,

has been given to Elizabeth A. Carpenter his widow, and Lewis

Carpenter - Lafayett Carpenter - Ada Granger- Catharine Smith

and Grant Carpenter heirs and next of kin of the Testator, resident

of the State of Ohio, pursuant to a former order of this Court; there=

=fore, on this day came C D. Jones and Wm Skank the subscrib=

=ing witnesses to said Will, who being duly sworn, testified to the

due execution and attestation of said Will. Which testimony was

reduced to writing, by them respectively subscribed, and filed with

said Will, whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Lyman Carpen=

=ter, deceased. That the same was duly executed and attested; and

that the said Testator, at the time of making, signing and sealing
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 408)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 408)

Description

[page 408]

[corresponds to page 342 of Delaware County Will Records Vol. 8 1887-1890]

342

Lyman Carpenter's Will

said Will, was of full age, of sound mind and memory, and not under any

restraint. It is, therefore ordered, that the said Will

be admitted to probate, and that the same together with the testimony

of the witnesses above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will



Lyman Carpenter Will

In the name of God amen, I Lymon Carpenter of the town of Waldo

County of Marion and State of Ohio being of sound mind and memory do

make publish and declare this my last will and testament in manner

following that is to say:

First I give and bequeath to my wife Elizabeth A. Carpenter all of my

household goods and furniture and also my house and lot No. 155 Situ:

=ated in the Village of Waldo. County of Marion and State of Ohio, to

have and hold as long as she remains my widow.



Lyman Carpenter Will

In the name of God amen, I Lyman Carpenter of the town of Waldo

County of Marion and State of Ohio being of sound mind and memory do

make publish and declare this my last will and testament in manner

following that is to say:

First I give and bequeath to my wife Elizabeth A. Carpenter all of my

household goods and furniture and also my house and lot No. 155 Situ=

=ated in the Village of Waldo, County of Marion and State of Ohio, to

have and hold as long as she remains my widow.

Sec. I give and bequeath to my son Chester Carpenters hears each

Twenty Five Dollars a peace.

Third I give and devise all the rest residue and remainder of my

estate of every

name and nature whatsoever to my said heirs Gilbert Carpenter.

Lafayett Carpenter. Robert Lewis Carpenter, Henry Carpenter,

Adiah Granger. Elizabeth Smith and Louisa Ann Peak equal

shares except my watch and buggy I give and bequeath to my son

Lafayett Carpenter.

Lastley I do hereby nominate and appoint my son Gilbert Carpenter to

be executor of this my last Will and Testament, hereby revoking

all former wills by me made.

In witness whereof I have hereunto set

my hand and seal this tenth day of April. in the year of our

Lord one thousand eight hundred and eighty five.

Lyman Carpenter {Seal}

The above instrument consisting of one sheat was at the date

thereof signed sealed published and declared by the said Lymon

Carpenter as and for his last will and testament in presence of us

who at his request and in his presence and in presence of each other

have subscribed our names as witnesses thereto.

C.D. Jones. Residence Waldo.

William Skank " "
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 409)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 409)

Description

[page 409]

[corresponds to page 343 of Delaware County Will Records Vol. 8 1887-1890]

343

4518 Randolph R. Marriott's Will

Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss }



In the Matter of the Last

Will and Testament of Ran=

:dolph R. Marriott. Deceased.

To the Hon. Norman F. Overturf.

Judge of the Probate Court in and for said County:

Your petitioner respectfully repre=

=sents that Randolph R. Marriott late a resident of the

Township of Berkshire in said County. died on or about the

day of July A.D. 1888, leaving an instrument in writ:

=ing, hereto attached, purporting to be his last Will and Testa:

=ment: That the said Randolph R. Marriott died leaving

Mamie Marriott and the following named persons his only

next of kin residents of the State of Ohio:

Age of

Name Minor Degree of Kinship. P.O.

Address.

Harry Marriott 1 year. Son.

Columbus.



Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be not=

=ified according to law of the pending of said proceedings.

F.M. Marriott.

The foregoing application was signed in my presence and

sworn to before me, this 18 day of June. A.D.1889.

N.F. Overturf

{Seal} Probate Judge.



Waiver

I, the undersigned Mamie Marriott, widow of the within

named decedent, hereby waive further notice, and consent to

the probate of said Will.

Dated this 20th day of June. A.D.1889,

Mame Marriott


Journal Entry.

June 18 1889.

In the Matter of the Will

of Randolph Marriott, deceased.

This day an instrument of writing.

purporting to be the last Will and Testament of Randolph

R. Marriott, late of Berkshire Township, in this County -

deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 410)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 410)

Description

[page 410]

[corresponds to page 344 of Delaware County Will Records Vol. 8 1887-

1890]

344

Randolph R. Marriott's Will

application to admit the same to probate and record, be given to

Mame Marriott, his widow, and Harry Marriott, heir and next

of kin of the Testator, resident of the State of Ohio, that said ap=

=plication will be for hearing before this Court on the 28th day

of June. A.D.1889. at 1 o'clock P.M.

N.F. Overturf

Probate Judge.




Notice to Heirs.



The State of Ohio } In Probate Court.

Delaware County.ss. }

In the Matter of the last Will and Tes=

=tament of Randolph R. Marriott,deceased.

To Harry Marriott:

You are hereby notified that

on the 18th day of June. A.D.1889, an instrument of writing

purporting to be the last Will and Testament of Randolph

R. Marriott late of Berkshire Township, in said County.

deceased, was produced in open Court, and an application

to admit the same to probate was on the same day made

in said Court. Said application will be for hearing before

this Court on the 28th day of June A.D. 1889. at 1 o'clock

P.M.,

N.F. Overturf

Probate Judge.

Dated at Delaware, Ohio, this 18 day of June. A.D.

1889.

{Seal}





Return.



The State of Ohio

Delaware County.ss.

F.M. Marriott being duly sworn, says

that on the 20 day of June A.D.1889, he served the

within notice by delivering a true copy thereof to the within

named Harry Marriott, an infant under the age of two

years and also by delivering a true copy thereof to Mame Mar:

=riott the mother of said child and with whom he is living

F.M. Marriott

Subscribed in my presence and sworn to before me this 28

day of June. 1889.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 411)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 411)

Description

[page 411]

[corresponds to page 345 of Delaware County Will Records Vol. 8 1887-1890]



345

Randolph R. Marriott's Will

Probate of Will,


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court George

J. Roberts and James R. Smythe the subscribing witnesses

to the last Will and Testament of Randolph R. Marriott -

late of Berkshire Township in said Delaware County, de=

=ceased; who being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth, in relation

to the execution of said Will, depose and say: That the paper

before them bearing date the 3rd day of July A.D. 1888,

purporting to be the last Will and Testament of Randolph R.

Marriott, now deceased, is the Will of said deceased Randolph

R. Marriott, that they were present at the execution of said

Will, and at the request of the Testator, respectibly subscribed

their names to the same as witnesses, in his presence, that

they saw the said Randolph R. Marriott deceased sign and

seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said Randolph R.

Marriott at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not under any

restraint.

George J. Roberts

James. R. Smythe

Sworn to and subscribed by said witnesses, in open Court.

this 28th day of June. A.D.1889.

N.F. Overturf

{Seal} Probate Judge




Journal Entry.

June 28 1889.

In the Matter of the Will of

Randolph R. Marriott, deceased.

Be it remembered, that heretofore,

to-wit: on the 18th day of June. A.D 1889. an instrument of

writing, purporting to be the last Will and Testament of

Randolph R. Marriott, late of Berkshire Township. in

this County, deceased, was produced in open Court for probate-

and was then filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will, and

of the application to admit the same to probate and record in

this Court, has been given to Mame Marriott, his widow,

and Harry Marriott, heir and next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order of

this Court; therefore, on this day came George J. Roberts

and James R. Smythe the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution and attes:
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 412)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 412)

Description

[page 412]

[corresponds to page 346 of Delaware County Will Records Vol. 8 1887-1890]

346

Randolph R. Marriott's Will.

=tation of said Will. Which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writing is the last

Will and Testament of said Randolph R. Marriott, deceased.

That the same was duly executed and attested; and that the

said Testator, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint. It is therefore, by the Court ordered, that the said

Will be admitted to probate, and that the same, together with the

testimony of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will.

In the name of the Benevolent Father of All: I Randolph

R. Marriott of Berkshire Township. Delaware County. Ohio.

do make and publish this my last Will and Testament:



Item First it is my will that all my just debts and charges be paid

out of my estate.

Item I give and devise all the residue of my estate including my interest

in the real estate of which my father T.H. Marriott, died seized,

Situated in Harlem Township, Delaware County. Ohio, to Mame

Marriott my beloved wife to be her and her heirs forever.

Item I appoint and make the said Mame Marriott Executrix of this

my last Will and testament and I desire that no appraisement

and no sale of my personal property be made and that my Ex:

=ecutrix be not required to give Bond and that the Court of

Probate so direct.

In testimony hereof I have hereunto set my hand

and seal this 5th day of July. in the year 1888.

Randolph R. Marriott {Seal}



Signed and acknowledged by said Randolph R. Marriott

as his last Will and Testament in our presence and signed

by us in his presence.

George J. Roberts

James R. Smythe.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 413)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 413)

Description

[page 413]

[corresponds to page 347 of Delaware County Will Records Vol. 8 1887-1890]



347

L. Saner Felkner's Will

Journal Entry.

June 26th 1889.

In the Matter of the Will of

L. Saner Felkner. deceased.

This day, an instrument of pur=

=porting to be the last Will and Testament of L. Saner Felkner, late

of Scioto Township, in this County. deceased, was produced in open

Court for Probate, On Consideration Whereof, it is ordered that

the said Will be filed in this Court, and that due notice thereof,

and of the application to admit the same to probate and record, be

given to Sophia Felkner, his widow, and H.W. Felkner and Ann

H. Felkner heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for hearing before this

Court, on the 8th day of July A.D.1889. at 2 o'clock P.M.,

Stanley B. Anderson, one of the heirs of said Testator, having this

day waived further Notice and consented to the probate of said Will.

N.F. Overturf

Probate Judge.


Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County ss. }


In the Matter of the Last }

Will and Testament of Lewis } Application to Admit to Probate

S. Felkner - deceased. }

To the Hon. N. F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully

represents that

Lewis S. Felkner, late a resident of the Township of Scioto, in said

County, died on or about the 19th day of June. A.D.1889. leaving an

instrument in writing, hereto, attached, purporting to be his last Will

and Testament: That the said Lewis S. Felkner died leaving Soph:

=ia Felkner, widow, and the following named persons his only next

of kin residents of the State of Ohio.


Name Degree of Kinship. PO Address.

H.W. Felkner Son Ostrander, O

Ann H. Felkner Daughter " "

Stanley B. Anderson. Grand-son " "

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified accord:

=ing to law of the pending of said proceedings.

Stanley B. Anderson.

The foregoing application was signed in my presence and sworn to

before me,this 26th day of June. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 414)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 414)

Description

[page 414]

[corresponds to page 348 of Delaware County Will Records Vol. 8 1887-1890]

348

L. Saner Felkner's Will

Waiver

I, the undersigned, grandson of the within named decedent, hereby waive

further notice, and consent to the probate of said Will.

Dated this 26th day of June. A.D.1889,

Stanley B. Anderson.



Notice to Heirs.


The State of Ohio In Probate Court.

Delaware County.ss

In the matter of the last Will and Testament

of L. Saner Felkner, deceased.

To Sophia Felkner. Ann H. Felkner and

H.W.Felkner.

You are hereby notified that on the 26th day of June. A.D.

1889. an instrument of writing purporting to be the last Will and

Testament of L. Saner Felkner, late of Scioto Township. in said

County. deceased, was produced in open Court, and an application

to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this court

on the 2nd day of July. A.D.1889. at 2 o'clock P.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 26th day of June. A.D. 1889.

{Seal}

Return.

The State of Ohio }

Delaware County.ss } Stanley B. Anderson being duly sworn,

says that on the 27 day of June, A.D. 1889

he served the within notice by delivering a true copy thereof to

the within named Sophia Felkner. Ann J. Felkner. and H.

W. Felkner.

Stanley B. Anderson.

Subscribed in my presence and sworn to before me this 2nd day

of July 1889.

{Seal} N.F. Overturf. Probate Judge.


Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss

Personally appeared in open Court Henry

B. Felkner and D. G. Cratty, the subscribing witnesses to

the last Will and Testament of L. Saner Felkner, late of Sci:

=oto Township in said Delaware County deceased; who being du:

=ly sworn, according to law, to speak the truth, the whole truth,

and nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bearing date

the 11th day of June A.D.1889. purporting to be the last Will
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 415)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 415)

Description

[page 415]

[corresponds to page 349 of Delaware County Will Records Vol. 8 1887-1890]



349

L. Saner Felkner's Will

and Testament of L. Saner Felkner now deceased, is the Will of

said deceased, L. Saner Felkner. that they were present at the

execution of said Will, and at the request of the Testator, respective=

=ly subscribed their names to the same as witnesses, in his pres=

:ence; that they saw the said L. Saner Felkner deceased sign

and seal said Will and Testament, and that the said L. Saner Felkner at

the time of making, signing and sealing said Will, was of full age,

of sound mind and memory, and not under any restraint

Henry B. Felkner

D.G. Cratty.

Sworn to and subscribed by said witnesses, in open Court, this

2nd day of July. A.D.1889.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

July 2 1889.

In the Matter of the Will of }

L. Saner Felkner, deceased. } Be it remembered, that heretofore,

to-wit: on the 26 day of June A

D. 1889. an instrument of writing, purporting to be the last Will

and Testament of L. Saner Felkner, late of Scioto Township, in

this County. deceased, was produced in open Court for probate,

and was then filed. And it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will, and of

the application to admit the same to probate and record in this

Court, has been given to Sophia Felkner his widow, and Ann

H. Felkner and H.W. Felkner (Stanley B. Anderson having

waived Notice) heirs and next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of this Court; there:

=fore, on this day came Henry B. Felkner and D.G. Cratty. the

subscribing witnesses to said Will, who being duly sworn, tes:

:tified to the due execution and attestation of said Will. Which

testimony was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon in the Court finds that the

aforesaid instrument of writing is the last Will and Testament

of said L. Saner Felkner, deceased, That the same was duly

executed and attested; and that the said Testator, at the time

of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint. It is

therefore, by the Court ordered, that the said Will be admitt:

=ed to probate, and that the same , together with the testimony

of the witnesses above named as well as the proceedings had

thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 416)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 416)

Description

[page 416]


[corresponds to page 350 of Delaware County Will Records Vol. 8 1887-1890]

350

L. Saner Felkner's Will

Copy of Will.


In the name of the Benevolent Father of All, I Lewis S. Felkner of

Scioto Township, Delaware County, Ohio, do make and publish this my

last Will and Testament.

Item 1 I give and devise to my beloved wife Sophia, in Lieu of her dower the

farm on which we now reside containing about Sixty Acres, Situated

in Scioto Township, Delaware County, O. during her natural Life or

so long as she remains my Widow, At the death or remarriage of

my wife Sophia I desire and bequeath that the said described Farm

go to and descend to my daughter Ann H. Felkner. And farther

it is my wish and desire that at the death of my daughter Ann

the said farm go to & belong to the children of my son H.W.

Felkner.

Item 2 I now give and bequeath to my son H.W.Felkner Five Dol=

=lars only, as he my son had already received from me a satisfac=

=tory sum or amount equal to his share - I also give to

my grand-son Stanly B. Anderson Five Dollars only as he

has already received his full share of my estate.

Item 3 I desire that my executor hereafter named sell the ballance

of my real estate not mentioned in Item one being about Six=

=ty Acres lying on and adjoining my homestead on the North

and I do hereby authorize and impower him to make a deed for

the same - The proceeds of said sale to be applied by him

in payment of all my just debts & expenses as soon thereafter

as convenient for him to do so. I do also desire & authorize a pub=

=lic or private sale of all my Farm Stock - consisting of Horses.

Cattle . Sheep - & Hogs. Farm implements &c., & proceeds applied

in same as sale of land all surplus remaining to be divided e=

=qually between my heirs.

Item 4 I do hereby nominate and appoint my grand son Stanly B.

Anderson Executor of this my last Will and Testament.

In testimony hereof I have hereunto set my hand

and seal this 11 day of June. A.D.1889.

L. Saner Felkner. { }


Signed and acknowledged by said Lewis S. Felkner as his last

Will & Testament in our presence & signed by us in his pres=

=ence.

Henry B. Felkner

D.G. Cratty. ~

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 417)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 417)

Description

[page 417]

~
[corresponds to page 351 of Delaware County Will Records Vol. 8 1887-1890]



351

Margaret McVay's Estate.

Journal Entry

June 21 1889.

In the Matter of the Will of

Margaret McVay. deceased This day, an instrument of writing, pur=

=porting to be the last Will and Testa=

=ment of Margaret McVay, late of Kingston Township, in this

County, deceased, was produced in open Court for Probate Court;

On Consideration Whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of the applica=

=tion to admit the same to probate and record, be given to James Mc

Vay her widower, and Lavila McVay - Mariah James - and Mary

L. Lott heirs and next of kin of the Testator, resident of the State

of Ohio, that said application will be for hearing, before this Court

on the 6 day of July. A.D.1889. at 10 o'clock A.M.., (Floyd McVay

having this day waived Notice and consented to the probate of said

Will)

N.F. Overturf

Probate Judge.


Application for Probate of Will.

The State of Ohio In Probate Court

Delaware County.ss.


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate.

Margaret McVay. Deceased,

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Margaret McVay late a resident of the Township of Kingston in

said County, died on or about the 16th day of May. A.D.1889. leav=

=ing James McVay widower and the following named persons her

only next of kin resident of the State of Ohio.


Name Degree of Kinship. P.O. Address.

Floyd McVay Son Sunbury, O.

Lavila McVay Daughter " "

Sophronia McVay " Kansas

Mariah James " Bradner, O.

Mary L. Lott " Sunbury, O.

Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

Floyd McVay.

The foregoing application was signed in my presence and sworn

to before me, this 21st day of June. A.D.1889.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 418)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 418)

Description

[page 418]

[corresponds to page 352 of Delaware County Will Records Vol. 8 1887-1890]

352

Margaret McVay's Estate

Waiver

I, the undersigned next of kin of the within named decedent, hereby

waive further notice, and consent to the probate of said Will.

Dated this 21 day of June. A.D. 1889

Floyd McVay.


Notice to Heirs.


The State of Ohio } In Probate Court.

Delaware County.ss. }

In the Matter of the last Will and Testament

of Margaret McVay, deceased.

To James McVay. Lavila McVay. Mariah

James and Mary L. Lott.

You are hereby notified that on the 21st day of

June. A.D. 1889. an instrument of writing, purporting to be the

last Will and Testament of Margaret McVay, late of Kingston

Township, in said County, deceased, was produced in open Court,

and an application to admit the same to probate was on the same

day made in said Court. Said application will be for hear:

=ing before this Court on the 6 day of July A.D. 1889. at

10 o'clock A.M;

N.F. Overturf

{Seal} Probate Judge.

Dated at Delaware Ohio, this 21st day of June. A.D.1889,


Return.

The State of Ohio }

Delaware County.ss. } Floyd McVay being duly sworn, says

that on the 29th day of June. A.D.

1889. he served the within notice by delivering a true copy thereof.

to the within named James McVay. Lavila McVay . Mariah

James and Mary L. Lott.

Floyd McVay.

Subscribed in my presence and sworn to before me this 6th day

of July. 1889.

N.F. Overturf

Probate Judge.


Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court L. S.

Owen and I.A. Ports the subscribing witnesses to the last

Will and Testament of Margaret McVay late of Kingston Town:

=ship, in said Delaware County deceased; who being duly sworn

according to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will, depose
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 419)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 419)

Description

[page 419]

[corresponds to page 353 of Delaware County Will Records Vol. 8 1887-1890]



353

Margaret McVay's Will

and say: That the paper before them bearing date the 3rd day of

December A.D.1888, purporting to be the last Will and Testament

of Margaret McVay now deceased, is the Will of said deceased, Mar=

=garet McVay, that they were present at the execution of said Will,

and at the request of the Testatrix, respectively subscribed their names

to the same as witnesses, in her presence; that they saw the

said Margaret McVay deceased, sign and seal said Will, and heard

her acknowledge the same to be her last Will and Testament, and

that the said Margaret McVay at the time of making, signing

and sealing said Will, was of full age, of sound mind and mem=

=ory, and not under any restraint.

L.S. Owen

I. A. Ports.

Sworn to and subscribed by said witnesses, in open Court, this

6 day of July. A.D. 1889.

N.F. Overturf.

{Seal} Probate Judge


Journal Entry.

July 6 1889.

In the Matter of the Will of

Margaret McVay deceased. } Be it remembered, that heretofore,

to-wit: on the 21st day of June. A.

D.1889. an instrument of writing, purporting to be the last Will

and Testament of Margaret McVay, late of Kingston Township

in this County deceased, was produced in open Court for probate,

and was then filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will, and of

the application to admit the same to probate and record in

this Court, has been given to James McVay her widower, and

Lavila McVay . Maria James and Mary L. Lott (Floyd McVay

having waived Notice) heirs and next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order of this

Court; therefore, on this day came L.S. Owen and I.A. Ports

the subscribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them respectively

subscribed, and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and Tes=

=tament of said Margaret McVay, deceased. That the same was

duly executed and attested; and that the said Testatrix, at the time

of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint. It is,

therefore, by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 420)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 420)

Description

[page 420]

[corresponds to page 354 of Delaware County Will Records Vol. 8 1887-1890]

354

Margaret McVay's Will

Copy of Will.


In the name of the benevolent Father of All, I, Margaret Mc

Vay do make and publish my last Will and Testament:


First: That all my honest debts shall be paid.


Second, I give and devise to my beloved Husband James McVay the

use of all the property both real and personal of which I may die

possessed for and during the term of his natural life, but that

he shall not dispose of the real estate but to use it as a

home.

3 That my son Floyd McVay, and my Daughter Lavila McVay

shall within two years after the Death of my said Husband pay

to my Daughter Sophronia McVay, and my Daughter Mariah

James, and my Daughter Mary L. Lott the sum of Two

Hundred Dollars each, and for so doing the said Floyd McVay,

and Lavila McVay shall have my entire Estate to be equaly

divided between them, now if my said Husband should depart

this life previous to my death then the above said two years for

the payment of said Money to said Heirs by Floyd and Lavila

shall date from my death. and I further will that the said

interest of Floyd McVay and Lavila McVay in my Estate shall

be conditioned on the payment to the said three Heirs above

mentioned, the said sums of Two Hundred Dollars each with=

=in the said two years, after the death of myself and husband-

In testimony whereof, I have hereunto set my hand and

seal 3rd day of December in the year 1888

Margaret McVay


Signed and acknowledged by

said Margaret McVay as

her last will and testament,

in our presence, and signed by

us in her presence.

Witnesses L.S. Owen.

I.A. Ports.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 421)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 421)

Description

[page 421]

[corresponds to page 355 of Delaware County Will Records Vol. 8 1887-1890]

355

William Evans' Will

Journal Entry.

July. 6 1889.

In the Matter of the Will }

of William Evans, deceased } This day, an instrument of writing

purporting to be the last Will and

Testament of William Evans, late of Radnor Township, in this

County, deceased, was produced in open Court for Probate; On

Consideration Whereof, it is ordered that the said Will be filed

in this Court. And thereupon came Margaret Evans his widow,

and William F. Evans. Robert L. Evans. Mary A. Evans and

Nancy E. Evans heirs and next of kin of the Testator, resident of

the State of Ohio-and in writing waived further notice and consent:

=ed that said Will be offered for probate - and the hearing for the

proving of said Will is set for the 8th day of July A.D.1889. at

1 o'clock P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will.


The State of Ohio } In Probate Court

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of Will: } Application to Admit to Probate.

=liam Evans, Deceased }

To the Item N F Overturf Judge of

the Probate that in and for said County

Your petitioner respectfully represents

that William Evans late a resident of the Township of Radner

in said County, died on or about the 2nd day of July A.D.1889.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament. That the said William Evans

died leaving Margaret Evans widow and the following named

persons his only next of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address.

William Foster Evans Son Radnor O

Nancy Elizabeth Evans Davy " "

Mary Ann Evans " " "

Robert Llewellyn Evans Son " "

Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

Evan Hughes.

The foregoing application was signed in my presence and sworn

to before me, this 6th day of July. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 422)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 422)

Description

[page 422]

[corresponds to page 356 of Delaware County Will Records Vol. 8 1887-

1890]

356

William Evans' Will

Waiver.

We, the undersigned widow & next of kin of the within named decedent

hereby waive further notice, and consent that said Will be offered for

probate,

Dated this 6th day of July. A.D.1889.

Margaret Evans - Widow

Wm F. Evans - Son

Robert L. Evans - Son

Mary A. Evans - Daughter

Nancy E. Evans - Daughter.


Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court George

W. Jones and John S. Gill the subscribing witnesses to the last

Will and Testament of William Evans, late of Radnor Township

in said Delaware County, deceased; who being duly sworn accord:

ing to law, to speak the truth, the whole truth, and nothing but the

truth, in relation to the execution of said Will, depose and say:

That the paper before them bearing date the 3rd day of May A.

D,1887, purporting to be the last Will and Testament of Wil=

=liam Evans now deceased, is the Will of said deceased William

Evans, that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed their names

to the same as witnesses, in his presence; that they saw the said

William Evans deceased sign and seal said Will, and heard

him acknowledge the same to be his last Will and Testament,

and that the said William Evans at the time of making, sign=

=ing and sealing said Will; was of full age, of sound mind and

memory, and not under any restraint

Geo. W. Jones

John S. Gill.

Sworn to and subscribed by said witnesses, in open Court this

8th day of July. A.D.1889.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

July 8th 1889.

In the Matter of the Will of }

William Evans, deceased. } Be it remembered, that heretofore,

to-wit: on the 6th day of July. A.D.

1889. an instrument of writing purporting to be the last Will

and Will of William Evans, late of Radnor Township.

in this County deceased, was produced in open Court for pro=

=bate, and was then filed. And the Widow and heirs of said

Testator having waived Notice, thereupon came Geo W. Jones
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 423)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 423)

Description

[page 423]

[corresponds to page 357 of Delaware County Will Records Vol. 8 1887-1890]


357

William Evans Will

and John S. Gill, the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing, by them

respectively subscribed, and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writing is the last

Will and Testament of said William Evans, deceased.

That the same was duly executed and attested; and that the

said Testator, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint. It is, therefore, by the Court ordered, that the

said Will be admitted to probate and that the same, together

with the testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this Court

N.F. Overturf

Probate Judge.





Copy of Will.


In the name of the Benevolent Father of All I William

Evans, do make and publish this my last Will and Testament.

Item 1st It is my desire that all my just debts be first pai.

Item 2nd It is my Will that my Executor erect a suitable monument

over my grave.

Item 3rd I give and devise to my beloved wife Margaret Evans the use

and occupation of the undivided one third part of my Homestead

Farm where I now reside in Radnor Township, Delaware Coun:

=ty. Ohio, consisting of about 102 1/4 Acres of land during her natur=

=al life. Also the sum of Three Hundred Dollars, and the

further sum of One Hundred Dollars for each of our children

who may be minors at my decease. In lieu of her years al=

=lowance for her and their support. And the sum of Four

Hundred Dollars in lieu of her dower interest in the residue of my

Real Estate. And all articles of household furniture brought to

the family at our marriage or purchased by her separate means.

Item 4th I give and devise to my son William Foster Evans, One Hun=

=dred Acres of Land consisting of two Lots of Fifty Acres each;

adjoining situate in Radnor Township Delaware County. Ohio -

and being the same premises conveyed to me by George Willey -

upon condition that he pay to my daughter Nancy Elizabeth

Evans the sum of Fifteen Hundred Dollars, as follows - Five

Hundred Dollars thereof in one year after my decease - Five

Hundred Dollars thereof - two years after my decease- and

Five Hundred Dollars thereof Three years after my decease.

with interest at six per cent upon each payment thereof after

the time specified, for the payment . The said sum to

be a lien upon said premises until paid in full.

Item 5 I give and devise to my daughter Mary Ann Evans about

One Hundred and Eleven and one half Acres of land in
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 424)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 424)

Description

[page 424]

[corresponds to page 358 of Delaware County Will Records Vol. 8 1887-

1890]

358

William Evans Will

Radnor Township. Delaware County - Ohio and being the

same premises conveyed to me by James Thomas, and known as

the John Roberts farm - upon condition that she pay to my

daughter Nancy Elizabeth Evans the sum of Fifteen Hun=

=dred Dollars as follows ~ Five Hundred Dollars thereof in

one year after my deceased, Five Hundred Dollars thereof, two

years after my deceased and Five Hundred Dollars thereof three

years after my decease, with interest at six per cent upon each

payment thereof after the time specified for the payment there:

=of. The said sum to be a lien upon said premises until paid

in full.

Item 6 I give and devise to my son Robert Llewellen Evans, my

Homestead farm where I now reside ~ consisting of about 102 1/4

Acres in Radnor Township. Delaware County - Ohio, subject to

the life estate of my beloved wife Margaret Evans in the undivid=

=ed one third part thereof.

Item 7th I give and devise to my daughter Nancy Elizabeth Evans

about Thirty and seven eights Acres of land in Radnor Town=

=ship Delaware County _ Ohio, being that part of the William

Watkins farm. Conveyed to me by the heirs of said Wiliam Watkins

deceased, said tract of land lies south of my said Homestead farm. and

adjoining the lands of Evan J. Roberts.

Item 8th I do hereby nominate and appoint Evan Hughes my nephew

Executor of this my last Will and Testament, hereby authorizing

and empowering him to compromise adjust release and discharge,

in such manner as he may deem proper the debts and claims

due me.

I desire that my said Executor Appraise all my personal

Estate, including Household furniture - stock, farm implements

credits etc., And that he sell at public sale all my said per:

=sonal estate, on such terms as he may deem best. And to

collect all claims due me and reduce the same to money or

secured notes=as soon after my decease as the same can be

conveniently done.

Item 9 I give and bequeath to my son Robert Llewellen Evans

and my daughter Nancy Elizabeth Evans, - all the residue

of my personal estate ~ after paying the bequests mentioned in

this my last Will and Testament in Items 1, 2, and 3,

and costs of Administration, to be divided between them

equally share and share alike~.

Item 10 It is my desire that my beloved wife Margaret Evans

accept the part of my estate herein bequeathed to her in this my

last Will and Testament as her full share of my estate.

In Lieu of dower in the residue of my real estate except my

said Homestead Farm = her years allowance = and her part

in my personal estate ~ for the reason that the larger portion

of my said estate I had earned and accumulated prior to our

said marriage: And that my said wife has since our said

marriage inherited an estate of more than Four Thousand Dol=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 425)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 425)

Description

[page 425]

[corresponds to page 359 of Delaware County Will Records Vol. 8 1887-

1890]



359

William Evans' Will

:lars, which she holds and has held in her own right, free from

incumbrance ~ and no part thereof has ever been received by me,

or is, any part of my said estate. And it is my desire for

the above reason, and that she is in such manner amply

provided - that she consent that our said children have the

immediate possession use and title to my said estate as herein

devised,

and bequeathed to them and that , for that purpose and to

secure the same she accept to take under this my last Will

and Testament

Item 11 I do hereby revoke all former Wills by me made.

In Testimony hereof,

I have hereunto set my hand and seal this 3rd day of May.

A.D. 1887.

William Evans. {Seal}


Signed and acknowledged by said William Evans, as his last

Will and Testament in our presence ; and signed by us in his

presence.

George W. Jones.

John S. Gill.


In the Matter of the Last Will and Testament of William

Evans, deceased.

Delaware Ohio December 18 1885.

Received of Mary Ann Price, formerly Mary Ann Evans

Fifteen Hundred Dollars and all interest due Sherron

in full of said charge on this bank of said Mary Ann Price

are made by this will of William Conrad in favor of

myself, as set forth in item NO. 5 of said will which

will dated May 3rd 1887 and Lilly Probate on

Probate Court of Delaware County Ohio and admitted to

record by said Court and Recorded six Vol. Nr. 8

of record of ... And I hereby release send, fully dis-

charge said Mary Ann Price on account of said

legacy, and hereby acknowledge full payment of this

same and said real estate is hereby direct used,

said charge in my favor

Attach Nancy Elizabeth Evans

N.A. Noll

B.L. Freshwater.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 426)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 426)

Description

[page 426]

[corresponds to page 360 of Delaware County Will Records Vol. 8 1887-1890]

360

Amanda Dutton's Will.

Journal Entry.

July 17 1889.

In the Matter of the Will of }

Amanda Dutton,deceased. } This day, an instrument of writing,

purporting to be the last Will and Tes=

=tament of Amanda Dutton, late of Brown Township, in this

County. deceased, was produced in open Court for Probate, On

consideration whereof, it is ordered that the said Will be filed in this

Court. And thereupon came Almeda Johnson Newhouse, only

heir and next of kin of said Testatrix, resident of the State of

Ohio, and in writing, waived further Notice and consented to the

probate of said Will. And the hearing for the proving of said Will

is set for the 18th day of July A.D. 1889 at 1 o'clock P.M.

N.F. Overturf.

Probate Judge


Application for Probate of Will.




In State of Ohio } In Probate Court.

Delaware County ss. }


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate.

Amanda Dutton, deceased. }

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Amanda Dutton late a resident of the Township of Brown.

in said County, died on or about the 15th day of July. A.D.

1889. leaving an instrument in writing, hereto attached, purport:

=ing to be her last Will and Testament: That the said Amanda

Dutton died leaving no widower and the following named person

her only next of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address

Almeda Johnson Newhouse. Sister Warrensburg. Ohio


Your petitioner prays that a time may be fixed for the proving of

said Will.

Almeda Johnson Newhouse.

The foregoing application was signed in my presence and sworn

to before me, this 17th day of July. A.D. 1889.

N.F. Overturf.

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 427)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 427)

Description

[page 427]

[corresponds to page 361 of Delaware County Will Records Vol. 8 1887-1890]



361

Amanda Dutton's Will

Waiver

I, the undersigned only next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 17 day of July. A.D. 1889.

Almeda Johnson Newhouse.


Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court Hugh

B. McKay and H.B. Knapp the subscribing witnesses to the last

Will and Testament of Amanda Dutton, late of Brown Township_

in said Delaware County. deceased; who being duly sworn accord=

:ing to law, to speak the truth, the whole truth, and nothing but the

truth, in relation to the execution of said Will, depose and say:

That the paper before them bearing date the 2nd day of March. A.

D. 1886, purporting to be the last Will and Testament of Amanda

Dutton now deceased, is the Will of said deceased Amanda Dut=

=ton, that they were present at the execution of said Will, and at

the request of the Testatrix, respectively subscribed their names

to the same as witnesses, in his presence; that they saw the said

Amanda Dutton deceased sign and seal said Will, and heard

her acknowledge the same to be her last Will and Testament, and

that the said Amanda Dutton, at the time of making, signing

and sealing said Will, was of full age, of sound mind and memory,

and not under any restraint.

Hugh B. McKay.

H.B. Knapp.

Sworn to and subscribed by said witnesses, in open Court. this

18 day of July. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

July 18 1889.

In the Matter of the Will of

Amanda Dutton_ deceased. Be it remembered, that, heretofore,

to-wit:

on the 17th day of July A.D.1889. an

instrument of writing, purporting to be the last Will and Testa:

=ment of Amanda Dutton, late a resident of Brown Township, in this

County, deceased, was produced in open Court for probate and

was then filed. And Almeda Johnson Newhouse, only next

of kin of the Testatrix, resident of the State of Ohio, having

waived Notice, thereupon came Hugh B. McKay and H.B.

Knapp the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them respectively
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 428)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 428)

Description

[page 428]

[corresponds to page 362 of Delaware County Will Records Vol. 8 1887-1890]

362

Amanda Dutton's Will.

subscribed, and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and Testa:

=ment of said Amanda Dutton,deceased. That the same was du=

=ly executed, and attested; and that the said Testatrix, at the time

of making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. It is, therefore,

by the Court ordered, that the said Will be admitted to probate -

and that the same, together with the testimony of the witnesses a=

:bove named, as well as the proceedings had thereon, be entered of

record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will

Eden. March. 2nd 1886.

I, Amanda Dutton, make this my last Will and Testament,

I give devise and bequeath all my estate and property real and

personal as follows: My residence in the Village of Eden Brown

Township. Delaware Count, State of Ohio, known as lots No.

(2) and (32) with all the appurtenances attached thereunto .

Also my Household effects such as Bedding. Bedsteads.

Chairs, Stoves, Carpets, Earthenware, Pictures, Books, in fact

every thing pertaining to my home, Also all my interest in

Bank deposits, Notes, Bonds, or Mortgages or any other prop:

:erty in which I may have any interest at the time of death

to Almeda Johnson.

I appoint Almeda Johnson Executor of this

my Will [If in the Providence of God Almeda Johnson

should die before I do] I hereby substitute the name of Bar=

=bara Ellen Sheets as the person to execute this Will to whom

all the benefits in this Will accruing to Almeda Johnson

shall go.

In witness whereof I have signed and sealed and

published and declared this instrument as my last Will and

Testament.

{Seal} Amanda Dutton.


The said Amanda Dutton at the Village of Eden on the

Second day of March A.D. 1886. signed and sealed and de:

:clared the same as her last Will and we at her request in

her presence and in the presence of each other have hereunto

written our names as subscribing witnesses.

Hugh B. McKay {Seal}

H.B. Knapp. {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 429)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 429)

Description

[page 429]

[corresponds to page 363 of Delaware County Will Records Vol. 8 1887-1890]


363

Bridget Burgess' Will.

Journal Entry.

July 19 1889.

In the Matter of the Will }

of Bridget Burgess, decd } An authenticated Copy of the last

Will and Testament of Bridget

Burgess, late of Marion County. Ohio, was this day presented

to this Court for record; whereupon the Court being satisfied

on examination that said Will was duly executed and proved

according to the laws of the State of Ohio, and part of the property

by said Will devised being situated in this County, said

Copy is hereby admitted to record in this Court, according to

law.

N.F. Overturf

Probate Judge.



Copy of Will and Proceedings


I, Bridget Burgess, of the Village of Marion Ohio, being of sound

mind and memory, declare this to be my last Will and Testament:

Item First It is my wish that all my just debts be paid.

Item Second I give and devise to my beloved husband Michael

Burgess,

during his natural life, In Lot number 502. on East Central

Avenue, in the City of Delaware, Ohio, and after his death, I

desire said lot 502 aforesaid sold and the proceeds divided among

my children, Bessie Burgess. Alice Burgess. William

Burgess and Grace Burgess share and share alike.

Item Third: I also give and devise to my beloved husband Michael

Burgess

and his heirs all my real estate situated in Berlin Township,

Delaware County. Ohio, and being the undivided half of about

Ninety Eight Acres of land in Section three Township four,

Rang. eighteen, United State. Military Survey, and being a

part of Lots Number Nine, twenty four and twenty five in

said survey.

Item Fourth: I desire that my husband Michael Burgess, be executor

of

this my will, without bond, and I hereby authorize and empower

him to settle and adjust all claims for and against my estate

as he sees fit:

Item Fifth: I hereby revoke all former wills by me made.

In Witness Whereof I.

Bridget Burgess hereunto set my hand and seal, this 27th day of

March. 1889. and declare this to be my last will and testament.

Mrs. Bridget Burgess.

Signed, sealed and declared by the said Bridget Burgess, as

and for her last will and testament in the presence of us who

at her request, and in her presence and in the presence of each

other, have hereunto subscribed our names as witnesses.

D.R. Crissinger. Marion Ohio

L.D. Hamilton. Marion Ohio
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 430)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 430)

Description

[page 430]

[corresponds to page 364 of Delaware County Will Records Vol. 8 1887-1890]

364

Bridget Burgess' Will



Journal

Volume 7

Page 186,



In the Matter of the } In Probate Court, Marion County. Ohio.

Last Will and Testament } Will Presented. Proven and Admitted to

of Bridget Burgess,deceased. } Probate and Record. April.11 A D.1889


The Last Will and Testament of Bridget Bur:

=gess deceased, late of this Count was this day presented to the

Court for Probate and Record, and it appearing to the Court that

the husband of said decedent and all the next of kin have been

duly notified of the presentation of said Will for probate, and are

now present in open Court.

Thereupon D.R. Crissinger and L.D. Hamilton subscribing

witnesses to said Will appeared in open Court, and were duly sworn

and examined according to law, and their testimony thereon was re=

=duced to writing and filed. And it appearing to the Court from the

testimony so taken that the said Will was duly executed and at:

=tested, and that at the time of executing the same the testatrix was

of full age and of sound mind and memory, and not under any re:

=straint. The Court now admit the said Will to Probate, and

order the same together with the testimony so taken, to be record:

=ed according to the Statute in such cases made and provided.

J.H. Criswell

Probate Judge.


Certificate of Will.


The State of Ohio }

Marion County ss. } I, J.H. Criswell. Sole Judge and Ex=

Offic Clerk of the Probate Court within

and for the County of Marion do hereby certify that the foregoing

is a true copy of the last Will and Testament of Bridget Bur=

=gess, deceased, late of said Marion County. Ohio, together with

the entry of probate thereof, as the same remains on file and pro=

=bate (and record) in said Court (and in my custody.

In Witness Whereof,

I have hereunto set my hand and affixed the seal of said Pro=

=bate Court at Marion Ohio, this 19th day of July A.D.1889.

{Seal} J.H. Criswell

Judge and Ex-Officio Clerk.

Will Probated April 17 A.D.1889.

Will Recorded. Vol. 6. Page. 321.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 431)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 431)

Description

[page 431]

[corresponds to page 365 of Delaware County Will Records Vol. 8 1887-1890]



365

Mariah Gillies Will

Journal Entry.

July.12th 1889.

In the Matter of the Nun: }

:cupative Will of Mariah }

Gillies, deceased. } This day, an instrument of writing,

purporting to be a Nuncupative Will of

Mariah Gillies, deceased, late of Liberty Township, in this County-

was produced in open Court for Probate; On Consideration Where=

=of, it is ordered that the said Will be filed in this Court, and

that due notice thereof, and of the application to admit the same to

probate and record, be given to James W. Gillies, heir and next of

kin of the Testator, resident of the State of Ohio, that said appli:

=cation will be for hearing before this Court on the 19th day of

July A.D. 1889 at 10 o'clock. A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate.

Mariah Gillies, deceased. }

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Mariah Gillies, late a resident of the Township of Liberty in

said County, died on or about the 2nd day of July A.D.1889. leaving

a Statement of her Will which has been reduced to writing hereto at:

:tached, purporting to be her last Will and Testament: That the

said Mariah Gillies died leaving no person - widower and the fol:

=lowing named person her only next of kin resident of the State

of Ohio:

Name. Degree of Kinship P.O. Address.

James W. Gillies. Son. Youngstown Ohio.


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

John Cellar.


The foregoing application was signed in my presence and sworn

to before me, this 12th day of July A.D.1889.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 432)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 432)

Description

[page 432]

[corresponds to page 366 of Delaware County Will Records Vol. 8 1887-1890]

366

Mariah Gillies Will

Notice to Heirs.


The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and Testament

of Mariah Gillies, deceased.

To James W. Gillies.

You are hereby notified that on

the 12th day of July A.D.1889. an instrument of writing, pur=

=porting to be the last Will and Testament of Mariah Gillies

late of Liberty Township, in said County, deceased, was produced

in open Court, and an application to admit the same to probate

was on the same day made in said Court, Said application will

be for hearing before this Court on the 19th day of July.A.D.1889,

at 10 o'clock A.M.,

N.F. Overturf.

Probate Judge.

Dated at Delaware Ohio, this 12 day of July.A.D.1889.

{Seal}

I the undersigned person within named hereby acknowledge service of

the within notice this 15th day of July A.D.1889,

James W. Gillies .


Copy of Will

In the Matter of the Nuncupative }

Will of Mariah Gillies,deceased. } On the 4 day of July.A.D.1889.

Mariah Gillies , being in her last

sickness, at the residence of John Cellar in Liberty Township.

Delaware County where said Mariah Gillies then was and died.

In the presence of the subscribers did declare her last Will concern=

=ing the disposition of her property as follows.

I desire all my personal debts and expenses paid.

I desire that sufficient money of my estate be paid E. G. Taggart

and Mrs. Dr. James Hughs so they shall neither have loss by

reason on money they have had to pay or will have to pay be reason

of being sureties on the bond of my son James W. Gillies.

I desire that M. Westgate of Cleveland Ohio, be paid out of my estate

eighty one Dollars more, in payment of a just debt, owed to him by

my said son James W. Gillies.

I desire that sufficient money of my estate be used to place a plain

stone at the grave of sister Sarah Gillies of about the value & kind

as the graves of our other relatives.

I desire that Mr. John Cellar act in settling my estate and carry=

=ing out these my requests and I appoint him my Executor.


Reduced to writing and signed by us this 12th day of July. A.D.

1889.

Cornelia J. Cellar.

Elizabeth D. Cellar.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 433)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 433)

Description

[page 433]

[corresponds to page 367 of Delaware County Will Records Vol. 8 1887-1890]



367

Mariah Gillies Will

Testimony of Witnesses


The State of Ohio } Before me N.F. Overturf- Judge of the

Delaware County.ss. } Probate Court of Delaware County - per=

=sonally appeared Cornelius J. Cellar and

Elizabeth D. Cellar, who being duly sworn say that they were pres=

=ent on the 3rd and the 4th days of July A.D.1889, at the residence of

John Cellar in Liberty Township Delaware County. Ohio-the place

where Mariah Gillies then was, and who, the said Mariah

Gillies, state what is specified in the foregoing writing: That she the

said Mariah Gillies was at that time she made statements

of sound mind and memory and not under any restraint, and that she at

the time of the testamentary words were spoken called upon them to

bear testimony to said disposition as her will and request.

Cornelius J. Cellar

Elizabeth D. Cellar.

Sworn to before me and subscribed in my presence by the above

named this 19th day of July A.D. 1889,

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

July 19th 1889.

In the Matter of the Nuncupative }

Will of Mariah Gillies, deceased, } Be it remembered, that heretofore, to-wit:

on the 12th day of July A.D.1889. an in=

=strument of writing, purporting to be the Nuncupative Will of Mariah

Gillies, late of Liberty Township, in this County, deceased, was produced

in open Court. for probate, and was then filed. And, it now being shown to

the satisfaction of the Court, that due notice of the filing of said Will, and

of the application to admit the same to probate and record in this Court,

has been given to James W. Gillies, only heir and next of kin of the Tes=

=tatrix, resident of the State of Ohio, pursuant to a former order of this

Court; therefore, on this day came Cornelia J. Cellar and Elizabeth D. Cellar

the subscribing witnesses to said Will, who being duly sworn, testified to the

due execution and attestation of said Will which testimony was reduced to writing, by

them respectively subscribed, and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the Nuncupative Will

of said Mariah Gillies,deceased, and that said Will was reduced to writing

within ten days from the death of said Testatrix. That the same was duly

executed and attested, and that the said Testatrix at the time of making said

Will, was in her last sickness, and of full age, of sound mind and memory and

not under any restraint. It is, therefore, by the Court ordered, that the

said Will be admitted to probate and that the same, together with the tes:

:timony of the witnesses above named as well as the proceedings had

thereon, be entered of record in this Court.

N.F. Overturf. Probate
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 434)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 434)

Description

[page 434]

[corresponds to page 368 of Delaware County Will Records Vol. 8 1887-1890]

368

Albert Turner's Will

Journal Entry.

July 27th 1889.

In the Matter of the Will of

Albert Turner. deceased. This day, an instrument of writing,

purporting to be the last Will and Tes=

=tament of Albert Turner, late of Delaware City, in this Coun:

=ty, deceased, was produced in open Court for Probate; On Con:

=sideration Whereof, it is ordered that the said Will be filed in

this Court, and thereupon came Laura A. Turner, widow of

said Testator, and in writing, waived further notice, and consented to

the probate of Will. Ordered, that due notice thereof, and of the

application to admit the same to probate and record, be given to

William L. Turner- Clara Alberta Turner and George Turner

heirs and next of kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before this Court on the

30th day of July A D 1889, at 2 o'clock P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County ss. }


In the Matter of the Last }

Will and Testament of Albert } Application to Admit to Probate

Turner, Deceased. ~

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Albert Turner, late a resident of the City of Delaware in said

County died on or about the 18th day of July A.D.1889. leaving

an instrument in writing, hereto attached, purporting to be his last

Will and Testament; That the said Albert Turner died leaving

Laura A Turner his widow and the following named persons

his only next of kin resident of the State of Ohio:


Name Degree of Kinship P.O. Address

William L Turner Son Delaware O

Clara Alberta Turner Daughter " "

George Turner Son " "

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac:

:cording to law of the pending of said proceedings.

Laura A. Turner

The foregoing application was signed in my presence and sworn to be=

=fore me, this 27th day of July A.D.1889.

N.F.Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 435)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 435)

Description

[page 435]

[corresponds to page 369 of Delaware County Will Records Vol. 8 1887-1890]



369

Albert Turner's Will

Waiver

I, the undersigned, widow of the within named decedent, hereby waive

further notice, and consent to the probate of said Will.

Dated this 27th day of July A.D.1889.

Laura A. Turner.



Notice


The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testament of

Albert Turner, deceased.

To Laura A. Turner;

You are hereby commanded to notify William L. Turner - Clara

Alberta Turner and George Turner: that on the 27th day of Ju:

=ly. A.D.1889 an instrument of writing, purporting to be the last

Will and Testament of Albert Turner late of Delaware Township,

in said County, deceased, was produced in said Court, and an appli=

=cation to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this Court

on the 30th day of July A.D.1889. at 2 o'clock P.M.

Witness my hand and the seal of said

Probate Court, at Delaware. Ohio, this 27th day of July.A.D.

1889.

N.F. Overturf

{Seal} Probate Judge


Proof of Service.

The State of Ohio }

Delaware County.ss.} Laura A. Turner, being duly sworn, says

that on the 27 & 29 days of July. A.D.

1889 she served the within notice by delivering a true copy thereof

to the within named William L. Turner. Clara Alberta

Turner and George Turner.

Laura A. Turner.

Subscribed in my presence and sworn to before me this 30th day

of July A.D.1889.

N.F. Overturf

{Seal} Probate Judge.


Probate of Will


In Probate Court } In the Matter of proving the last Will and

Testament of ]

Delaware County.Ohio Albert Turner. Deceased


The State of Ohio }

Delaware County.ss. } Henry J. Eaton, being duly sworn and exam=

=ined as a witness in the above entitled matter,

says: I was present at the execution of the instrument now
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 436)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 436)

Description

[page 436]

[corresponds to page 370 of Delaware County Will Records Vol. 8 1887-1890]

370

Albert Turner's Will

shown to me, bearing date the 10th day of June A.D.1882,

and offered for probate as the last Will and Testament of Albert

Turner, late of Delaware City, in said County of Delaware,

deceased, and saw the said Albert Turner, now deceased sign and

seal said instrument, and heard him acknowledge the same to be

his last Will and Testament; and I, thereupon, at his request and in

his presence, subscribed my name to the same as a witness. The said

decedent, at the time of making, signing and sealing said instrument,

was of full age, of sound mind and memory, and not under any re:

=straint.

Henry J. Eaton.

Sworn to and subscribed by said witness in open Court this

30th day of July. A.D.1889.

N.F. Overturf

{Seal} Probate Judge




Proof of Signature of Witness to Will.


The State of Ohio

Delaware County ss Henry J. Eaton and Rufus Carpenter

being duly sworn, say that they were

well acquainted with Henry G. Sheldon who is now deceased,

that they were well acquainted with the hand writing of the

said Henry G. Sheldon , having often seen him write, that

the signature Henry G. Sheldon as subscribing witness to the

last Will and Testament of Albert Turner, deceased, is in the

own proper hand writing and signature of the said Henry G.

Sheldon, who at the date of said Will was in full life, and

resided in Delaware City, in said County.

Henry J. Eaton

Rufus Carpenter.

Sworn to before me, and subscribed in my presence, this 30th

day of July A.D.1889.

N.F. Overturf

{Seal} Probate Judge




Journal Entry.

July 30 1889.

In the Matter of the Will

of Albert Turner.deceased.

Be it Remembered, that heretofore,

to-wit: on the 27th day of July A.D.1889. an instrument of

writing, purporting to be the last Will and Testament of Al=

=bert Turner, late of Delaware City, in this County deceased,

was produced in open Court, for probate, and was then filed

And, Laura A. Turner, widow, having waived Notice, and

it now being shown to the satisfaction of the Court, that due
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 437)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 437)

Description

[page 437]

[corresponds to page 371 of Delaware County Will Records Vol. 8 1887-1890]



371

Albert Turner's Will

notice of the filing of said Will, and of the application to admit

the same to probate and record in this Court, has been given

to William L. Turner - Clara Alberta Turner - and George

Turner heirs and next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court;

therefore, on this day came Henry J Eaton, one of the sub=

=scribing witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will. Which testi=

=mony was reduced to writing, by him subscribed, and filed with

said Will.

And it appearing that Henry G. Sheldon- the other subscrib:

=ing witness to said Will, is now deceased. thereupon Henry J.

Eaton and Rufus Carpenter appeared in open Court, and

were duly sworn and examined according to law touching the

genuineness of the signature of said Henry G. Sheldon at=

=tached to said Will, and their testimony thereon was reduced

to writing and filed. Whereupon the Court finds that the afore=

=said instrument of writing is the last Will and Testament of

said Albert Turner, deceased. That the same was duly exe:

=cuted and attested ; and that the said Testator, at the time of

making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint. It is,

therefore, by the Court ordered, that the said Will be admit=

=ted to probate, and that the same, together with the testimony

of the witnesses above named, as well as the proceedings had

thereon ,be entered of record in this Court.

N.F. Overturf

Probate Judge.




Last Will and Testament


I, Albert Turner, of the City of Delaware, County of Delaware.

and State of Ohio, being about Forty five years of age, and being

of sound and disposing mind and memory, Do Make, Publish

and Declare this my Last Will and Testament, hereby revok=

=ing and making null and void all other Last Wills and

Testaments by me made heretofore:


First. My Will is that all my just Debts and Funeral Expenses

shall be paid out of my Estate as soon after my decease as

shall be found convenient.

Second. I Give, Devise, and Bequeath to my beloved wife Laura

A. Turner to be hers absolutely & in lieu of her years support

& of all that portion of my estate to which she would be entitled

by law were I to make no Will, all my household furniture

& other personal property, money, credits, & property of every

descript:

=ion other than Real Estate, of which I may be the owner

at my decease, & which is not disposed of in the above item "First."
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 438)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 438)

Description

[page 438]

[corresponds to page 372 of Delaware County Will Records Vol. 8 1887-1890]

372

Albert Turner's Will

Item Third. All the real estate of which I may be the owner at my decease,

I do give. devise & bequeath as follows.

1 To my beloved wife the said Laura A. Turner, to have & to

hold as long after my decease as she shall remain unmarried.

2 I will that at her decease or re=marriage, (in case she should re=

=marry,) that all said real estate shall then become the absolute

property, in fee simple of such of her children by me begotten as shall

be living at the time of her decease or re-marriage, so that each child

shall then take one with another equally thereof, & in case of the

decease of any child leaving his or her issue surviving my said wife

or living at the time of her re-marriage, then said issue shall take

the same portion of said real estate the parent would have taken if

then living.

3 If my said wife should out-live all her children by me begotten

& all the issue of such children, then, I will that at the decease

of the last surviving of said children or the last surviving of their is-

=sue, in case they have issue, that she the said Laura A. take all

said real estate in fee simple absolutely.

Item Fourth. I hereby nominate & appoint my wife, said Laura A.

Turner, Ex=

ecutrix of this my last Will & Testament, & it is my wish that

she may execute the same without giving bond & that there be no

appraisement or sale of my personal property, or inventory thereof.


In Testimony Whereof, I have set my hand to this, my

Last Will and Testament, at the City of Delaware Ohio,

this tenth day of June. in the year of our Lord One Thousand

Eight Hundred and Eighty Two.

Albert Turner {Seal}


The foregoing Instrument was signed by the said Albert Turner,

in our presence, and by him published and declared as and for his

Last Will and Testament, and at his request, and in his presence,

and in the presence of each other, we hereunto subscribe our Names

as Attesting Witnesses, at the City of Delaware Ohio. this

tenth day of June. A.D.1882,

Henry G. Sheldon, resides at Delaware Ohio

Henry J. Eaton. resides at Delaware Ohio-
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 439)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 439)

Description

[page 439]

[corresponds to page 373 of Delaware County Will Records Vol. 8 1887-1890]



373

Charles H. Martin's Will

Journal Entry.

July 6 1889.

In the Matter of the Will of

Charles H. Martin,deceased. } This day, an instrument of writing,

} purporting to be the last Will and

Testament of Charles H. Martin, late of Berlin Township, in this

County. deceased, was produced in open Court for Probate, On

Consideration Whereof, it is ordered that the said Will be filed in

this Court, and that due notice thereof, and of the application to

admit the same to probate and record, be given to Thomas Martin-

Jacob Martin - Mary Clark- L.H.Martin - Charles W Martin -

Mrs. E.M. Fleming . John E. Williams - Johanna Evans -

Hiram Williams - Lewis Williams - Philena Seward and An=

and Williams heirs and next of kin of the Testator, resident of the

State of Ohio, that said application will be for hearing before this

Court in the 30th day of July. A.D.1889. at 10 o'clock A.M.

N.F. Overturf.

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court

Delaware Ohio.ss. }


In the Matter of the Last }

Will and Testament of Charles } Application to Admit to Probate.

H. Martin - deceased. ~ }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Charles H. Martin, late a resident of the Township of Berlin,

in said County, died on or about the 2nd day of June. A.D.1889,

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Charles H. Mar:

=tin died leaving no person his widow and the following named per:

=sons his only next of kin resident of the State of Ohio:


Name Degree of Kinship P.O. Address.

Thomas Martin Brother Celina. Ohio

Jacob Martin " London, Ohio.

Mary Clark Sister Celina Ohio.

L.H. Martin Nephew Alexander. Ohio.

Charles W. Martin " Perryton Ohio

Mrs. E.M. Fleming Niece " "

John E Williams Nephew Celina . Ohio.

Johanna Evans. Niece Columbus. Ohio

Hiram Williams Nephew Granville. Ohio.

Lewis Williams " Granville. Ohio.

Philena Seward Niece Perryton Ohio

Anna Williams " Perryton Ohio.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 440)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 440)

Description

[page 440]

[corresponds to page 374 of Delaware County Will Records Vol. 8 1887-1890]

374

Charles H. Martin's Will

Your petitioner prays that a time may be fixed for the proving of said

Will and that said above named persons may be notified accord:

=ing to law of the pending of said proceedings.

Stephen Hults.

The foregoing application was signed in my presence and sworn to

before me, this 6th day of July A.D. 1889,

N.F. Overturf

{Seal} Probate Judge.


Notice to Heirs.


The State of Ohio In Probate Court

Delaware County.ss

In the Matter of the last Will and Testa=

=ment of Charles H. Martin, deceased.

To Thomas Martin. Jacob Martin. Mary

Clark - L.H. Martin - Charles W. Martin - Mrs. E.M. Fleming.

John E. Williams - Johanna Evans . Hiram Williams - Lewis

Williams - Philena Seward and Anna Williams.

You are hereby notified

that on the 6th day of July A.D.1889. an instrument of writing,

purporting to be the last Will and Testament of Charles H. Martin

late of Berlin Township, in said County, deceased, was produced in

open Court, and an application to admit the same to probate was on

the same day made in said Court. Said application will be for

hearing before this Court on the 30th day of July A.D.1889. at 10

o'clock A.M.,

N.F. Overturf

Probate Judge

Dated at Delaware, Ohio, this 6th day of July A.D. 1889

{Seal}

Return.

The State of Ohio }

Delaware County.ss. } Stephen Hults being duly sworn, says

that on the 27th day of July A.D.1889.and

prior thereto he served the within notice by delivering a true copy

thereof to the within named Thomas Martin. Jacob Martin -

Mary Clark. L.H. Martin- Charles W. Martin - Mrs. E.M. Fleming -

John E. Williams - Johanna Evans. Hiram Williams. Lewis Wil:

=liams_ Philena Seward and Anna Williams.

Stephen Hults.

Subscribed in my presence and sworn to before me this 30th day of July

1889.

N.F. Overturf

Probate Judge


Probate of Will.

In Probate Court.

The State of Ohio }

Delaware County ss. } Personally appeared in open Court N. Leonard

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 441)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 441)

Description

[page 441]

[corresponds to page 375 of Delaware County Will Records Vol. 8 1887-1890]

375

Charles H. Martin's Will

and W.H.Duckworth the subscribing witnesses to the last Will and

Testament of Charles H. Martin late of Berlin Township in said

Delaware County, deceased; who being duly sworn according to

law, to speak the truth, the whole truth, and nothing but the

truth, in relation to the execution of said Will, depose and say:

That the paper before them bearing date the 9th day of December A.

D.1887, purporting to be the last Will and Testament of Charles

H. Martin now deceased, is the Will of said deceased, Charles

H. Martin, that they were present at the execution of said Will, and

at the request of the Testator, respectively subscribed their names to

the same as witnesses, in his presence; that they saw the said Char:

=les H. Martin, deceased sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament, and that the

said Charles H. Martin at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not un=

=der any restraint.

N. Leonard

W H. Duckworth.

Sworn to and subscribed by said witnesses, in open Court, this

30th day of July A.D.1889.

N.F. Overturf.

{Seal} Probate Judge


Journal Entry.

July 30th 1889.

In the Matter of the Will of }

Charles H. Martin,deceased. } Be it remembered, that heretofore, to-wit:

on the 6th day of July A.D.1889, an in=

strument of writing, purporting to be the last Will and Testament,

of Charles H. Martin, late of Berlin Township, in this County, in

this County, deceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction of the Court,

that due notice of the filing of said Will, and of the application to

admit the same to probate and record in this Court, has been given

to Thomas Martin. Jacob Martin. Mary Clark. L.H.Martin _

Charles W. Martin. Mrs. E.M. Fleming. John E. Williams. Johan=

=na Evans. Hiram Williams. Lewis Williams. Philena Seward-

and Anna Williams heirs and next of kin of the Testator, resident

of the State of Ohio, pursuant to a former order of this Court; there:

=fore, on this day came N. Leonard and W.H.Duckworth the sub=

=scribing witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said Charles

H. Martin, deceased. That the same was duly executed and attested;

and that the said Testator, at the time of making, signing and sealing

said

Will, was of full age, of sound mind and memory, and not under any

restraint. It is, therefore, by the Court ordered, that the said Will
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 442)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 442)

Description

[page 442]

[corresponds to page 376 of Delaware County Will Records Vol. 8 1887-1890]

376

Charles H. Martin's Will

be admitted to probate, and that the same, together with the testimony

of the witnesses above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will.


Last Will and Testament of Charles H. Martin.


I, Charles H. Martin of Berlin Township Delaware County. State

of Ohio, considering the uncertainty of life, and being of sound mind,

and disposing memory - do make and publish this my Last Will and

Testament in manner and form following:

First I direct my Executor hereinafter named to pay all my just debts

and funeral expenses [After my decease I direct that my body be

placed in the Vault at Cheshire Dol. Co. O. and afterwards buried in

Graveyard at Peach Blow Church about 3/4 Miles east of my present

residence a Good Marble or Granite Tomstone to be placed at head and

foot of Grace.]

Second. I give and bequeath to my faithful friend Stephen Hoults all the

Real Estate and personal property, credits, Monies. Household Furniture,

and property or rights of any kind whatever of which I may die seized

or have a right to possession.

Third. I do hereby nominate and appoint my said friend Stephen Hoults, of

Berlin Township Delaware County Ohio to be the Executor of this

my Last Will and Testament hereby directing that he be not required

to give any Bond or Surety as such Executor, but to faithfully per:

=form the trust and make legal settlement therefor.

In Testimony Whereof I the said

Charles H. Martin have hereunto subscribed my name and affixed

my seal this 9th day of December. 1887,

Charles H. Martin. {Seal}

Signed, sealed and declared by the said

Charles H. Marin to be his Last Will

and Testament in presence of us - who at

his request and in his presence and the

presence of each other, have hereto subscribed

our names as witnesses ~ the addition

[] being made to Item First before

signing.

W.H. Duckworth

N. Leonard

Geo C. Eaton
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 443)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 443)

Description

[page 443]

[corresponds to page 377 of Delaware County Will Records Vol. 8 1887-1890]



377

Betsey Smith's Will

Journal Entry

July. 23 1889.

In the Matter of the Will of }

Betsey Smith, deceased. } This day, an instrument of writing,

purporting to be the last Will and

Testament of Betsey Smith, late of Berkshire Township, in

this County, deceased, was produced in open Court for Probate;

On Consideration Whereof, it is ordered that the said Will be

filed in this Court, and that due Notice thereof, and of the appli:

=cation to admit the same to probate and record, be given to May

Blanchard and Fred Blanchard heirs and next of kin of the Tes:

=tatrix (James Smith widower, and Levi Smith heir of said

Testatrix, having in writing waived further notice and consented

to the probate of said Will) resident of the State of Ohio, that

said application will be for hearing before this Court on the 1st

day of August A.D.1889. at 1 o'clock P.M.

N.F. Overturf

Probate Judge.



Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Betsey Smith, Deceased }

To the Hon. N F Overturf. Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents

that Betsey Smith, late a resident of the Township of Berkshire in

said County, died on or about the 11th day of July A.D.1889 leaving

an instrument in writing. hereto attached, purporting to be her last

Will and Testament. That the said Betsey Smith died leaving

James Smith, widower and the following named persons her only

next of kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address.

Henrietta Armstrong Daughter Hillside. P.O.

Colorado

May Blanchard Grand-child Granville, O.

Fred Blanchard " " Granville, O.

Emma Smith Daughter-in-law

Levi Smith Son 51 King Av. Columbus. O.

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

Levi Smith

The foregoing application was signed in my presence and sworn to

before me, this 23rd day of July A.D.1889

N.F. Overturf.

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 444)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 444)

Description

[page 444]

[corresponds to page 378 of Delaware County Will Records Vol. 8 1887-1890]

378

Betsey Smith's Will

Waiver

We, the undersigned Husband & Next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said Will.

Dated this 22nd day of July. A.D.1889.

James Smith

Levi Smith


Notice to Heirs.


The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and Testament of

Betsey Smith, deceased.

To May Blanchard & Fred Blanchard.

You are hereby notified that on the 23rd day of July A.D.

1889, an instrument of writing, purporting to be the last Will and

Testament of Betsey Smith, late of Berkshire Township, in said

County, deceased, was produced in open Court, and an application to

admit the same to probate was on the same day made in said

Court. Said application will be for hearing before this Court on

the 1st day of August A.D.1889 at 1 o'clock P.M.

N.F. Overturf

{Seal} Probate Judge.

Dated at Delaware Ohio, this 23rd day of July. A.D.1889.


Return.

The State of Ohio }

Delaware County.ss.} Levi Smith, being duly sworn, says that on the

26th day of July A.D.1889 he served the within

notice by delivering a true copy thereof to the within named May

Blanchard and Fred Blanchard and also to Lillian Blanchard, their

mother and with whom they reside.

Levi Smith.

Subscribed in my presence and sworn to before me this 1 day

of August. 1889.

N.F. Overturf

Probate Judge


Probate of Will.


The State of Ohio } In Probate Court

Delaware County.ss. }

Personally appeared in open Court Lissia H

Ports and I A. Ports the subscribing witnesses to the last Will

and Testament of Betsey Smith late of Berkshire Township in

said Delaware County, deceased; was being duly sworn according

to law, to speak the truth, the whole truth, and nothing but the truth

in relation to the execution of said Will, depose and say: That the paper

before them bearing date the 13th day of March A.D.1888, purport:
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 445)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 445)

Description

[page 445]


[corresponds to page 379 of Delaware County Will Records Vol. 8 1887-1890]

379

Betsey Smith's Will

=ing to be the last Will and Testament of Betsey Smith now de=

=ceased, in the Will of said deceased Betsey Smith, that they were

present at the execution of said Will, and at the request of the Tes=

=tatrix, respectively subscribed their to the same as witnesses. in

her presence; that they saw the said Betsey Smith, deceased,

sign and seal said Will, and heard her acknowledge the same to be

her last Will and Testament, and that the said Betsey Smith

at the time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

Lissia H. Ports

I.A. Ports.

Sworn to and subscribed by said witnesses, in open Court, this 1st

day of August. A.D.1889.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

August 1 1889.

In the Matter of the Will of }

Betsey Smith, deceased. } Be it remembered, that heretofore, to-wit:

on the 23 day of July. A.D.1889, an

instrument of writing, purporting to be the last Will and Testament

of Betsey Smith late of Berkshire Township, in this County,

deceased, was produced in open Court for probate, and was then filed.

And it now being shown to the satisfaction of the Court, that due

notice of the filing of said Will, and of the application to admit the

same to probate and record in this Court, has been given to May

Blanchard and Fred Blanchard, heirs and next of kin of the

Testatrix, resident of the State of Ohio pursuant to a former order

of this Court; (James Smith widower, and Levi Smith heir of

Testatrix having waived Notice.) therefore, on this day came

Lissia H. Ports and I.A. Ports the subscribing witnesses to

said Will, who being duly sworn, testified to the due execution and

attestation of said Will. Which testimony was reduced to writing

by them respectively subscribed, and filed with said Will, where=

=upon the Court finds that the aforesaid instrument of writing is

the last Will and Testament of said Betsey Smith, deceased.

That the same was duly executed and attested; and that the said

Testatrix at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not under any re:

:straint. It is, therefore, by the Court ordered, that the said Will

be admitted to probate, and that the same, together with the

testimony of the witnesses above named, as well as the proceed=

=ings had thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 446)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 446)

Description

[page 446]

[corresponds to page 380 of Delaware County Will Records Vol. 8 1887-1890]

380

Betsey Smith's Will

Copy of Will.


In the name of the Benevolent Father of All, I, Betsey Smith of

Delaware County Ohio, do make and publish this my last Will

and Testament.

Item 1 I will that all my just debts be paid.

Item 2 I give and devise to my Daughter Henriett Armstrong Ten ($10.00)

Dollars in money, and six of my silver table-spoons.

Item 3 I give and devise to May Blanchard and her Brother name not

known (the same

being my grand-children) and being also the children of Edwin Blanch:

=ard, a certain promisary note now held by me against said Erin Blanch=

=ard. I also give to the said May Blanchard my silver tea-spoons.

Item 4. I give and devise to Emma Smith (my Daughter-in-law) my silver

knives & forks, and my gold watch.

Item 5. I will that all my household furniture, Carpets. Bedding and

table-ware

& except as above disposed of shall be equally divided between the

said Henriett Armstrong, the said May Blanchard and her said

Brother (the two being as one Heir) and my son Levi Smith, the

said division to be made by themselves as they may agree.

Item 6 I give and devise to my said son Levi Smith all the property

both

personal and real (except that above disposed of by this Will and Tes:

=tament) of which I may die possessed.

Item 7 I do hereby nominate and appoint my son Levi Smith Executor of

this my last Will and Testament, hereby authorizing and empowering

him to compromise, adjust, release, and discharge in such manner

as he may deem proper the debts and claims due me. I do also au:

:thorize 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 (if there be any) and deeds to purchasers to exe=

=cute. acknowledge, and deliver in fee simple.

I desire that no appraisement and no sale of my person property

be made, and that the Court of Probate direct the omission of the

same, in pursuance of the statute.

I also direct that the Executor aforesaid shall not be required to

give bonds.

In testimony hereof, I have hereunto set my hand and seal,

this thirteenth day of March in the year of our Lord Eighteen

Hundred and Eighty Eight.

Betsey Smith {Seal}


Signed and acknowledged by said Betsey Smith as her last Will

and Testament in our presence, and signed by us in her presence.

Lissia H. Ports

I. A. Ports.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 447)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 447)

Description

[page 447]


[corresponds to page 381 of Delaware County Will Records Vol. 8 1887-1890]


381

Robert E. Jenning's Will

Journal Entry


August 3rd 1889.

In the Matter of the Will }

of Robert E. Jennings, deceased } This day an instrument of writing, pur=

:porting to be the last Will and Testament

of Robert Jennings late of Delaware Township, in this County, de:

=ceased, was produced in open Court for Probate. On Consideration

Whereof, it is ordered that the said Will be filed in this Court

and that due notice thereof, and of the application to admit the same to

probate and record, be given to Anna H. Miller. Martha Liggett . Al=

=meda A. Stummel and Louisa Honeter, next of kin of the Testa=

=tor, resident of the State of Ohio, that said application will be for

hearing before this Court on the 7th day of August. A.D.1889. at

9 o'clock. A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will.


The State of Ohio } In Probate Court

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of Robert } Application to Admit to Probate

E. Jennings, Deceased. }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Robert E. Jennings late a resident of the Township of Delaware

in said County, died on or about the 31st day of July A.D.1889,

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Robert E. Jennings

died leaving no person his widow and the following named persons

his only next of kin resident of the State of Ohio:

Name Degree of Kinship P.O. Address.

Anna H Miller Sister Delaware. O.

Martha Liggett Sister Watkins . O

Louisa Honater 1/2 Sister Ostrander

Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

C.C. Miller.

The foregoing application was signed in my presence and sworn

to before me, this 3rd day of July A.D.1889.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 448)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 448)

Description

[page 448]

[corresponds to page 382 of Delaware County Will Records Vol. 8 1887-1890]

382

Robert E. Jennings' Will.

Notice

The State of Ohio } In Probate Court.

Delaware County.ss. }

In the Matter of the last Will and Testament

of Robert E. Jennings, deceased.

To C.C. Miller:

You are hereby commanded to notify

Anna H. Miller Martha Liggett and Louisa Honater & Almeda

A. Stimmell,

That on the 3rd day of August A.D.1889, an instrument

of writing, purporting to be the last Will and Testament of Robert E.

Jennings, late of Delaware Township, in said County, deceased, was

produced in said Court, and an application to admit the same to

probate was on the same day made in said Court. Said application

will be for hearing before this Court on the 7th day of August.

A.D.1889.

at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 3 day of August. A.D.1889.

N.F. Overturf

{Seal} Probate Judge


Proof of Service


The State of Ohio }

Delaware County.ss } C.C. Miller being duly sworn, says that

on the 3 day of August. A.D.1889. he serv:

=ed the within notice by delivering a true copy thereof to the with=

=in named Anna H. Miller. Martha Liggett . Louisa Honeter and

Almeda A Stimmell.

C.C. Miller.

Subscribed in my presence and sworn to before me this 7th day of

August A.D.1889.

N.F. Overturf

{Seal}
Probate Judge




Probate of Sevice


The State of Ohio } In Probate Court.

Delaware County.ss }

Personally appeared in open Court Mary E.

Miller and John D. Van Deman the subscribing witnesses to the

last Will and Testament of Robert E. Jennings, late of Delaware

Township in said Delaware County. deceased; who being duly sworn

according to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will, depose and say:

That the paper before them bearing date the 29th day of May. A.

D.1889, purporting to be the last Will and Testament of Robert E.

Jennings now deceased, is the Will of said deceased Robert E.


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 449)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 449)

Description

[page 449]

[corresponds to page 383 of Delaware County Will Records Vol. 8 1887-1890]



383

Robert E. Jenning's Will

Jennings, that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence; that they saw

the said Robert E. Jennings deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will and Testament,

and that the said Robert E. Jennings at the time of making,

signing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

John D. Van Deman.

Mary E. Willey.

Sworn to and subscribed by said witnesses, in open Court, this

7th day of August .A.D.1889.

N.F. Overturf

{Seal} Probate Judge





Journal Entry.

August 7th 1889.

In the Matter of the Will of }

Robert E. Jennings, deceased. }

Be it remembered, that heretofore, to-wit:

on the 3rd day of August. A.D.1889. an instrument of writing, pur=

=porting to be the last Will and Testament of Robert E. Jennings

late of Delaware Township, in this County, deceased, was produced

in open Court for probate, and was then filed. And, it now being

shown to the satisfaction of the Court, that due notice of the fil=

=ing of said Will, and of the application to admit the same to

probate and record in this Court, has been given to Anna H.

Miller. Martha Liggett . Louisa Honeter and Almeda Stimmell

next of kin of the Testator, resident of the State of Ohio, pursu=

=ant to a former order of this Court; therefore, on this day came

John D. Van Deman and Mary E. Willey, the subscribing

witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will. Which testimony

was reduced to writing, by them respectively subscribed, and filed

with said Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said

Robert E. Jennings, deceased. That the same was duly executed

and attested; and that the said Testator, at the time of making.

signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will be admitted to probate, and

that the same, together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered of record

in this Court.

N.F. Overturf.

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 450)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 450)

Description

[page 450]

[corresponds to page 384 of Delaware County Will Records Vol. 8 1887-1890]

384

Robert E. Jennings' Will

Copy of Will.


In the name of God Amen. I Robert Elmer Jennings of the

County of Delaware and State of Ohio, of lawful age, and of sound

and disposing mind and memory and under no restraint, do make and

publish this my last Will and Testament hereby revoking all former

wills by me made.

Item I. I hereby direct that all my just debts and funeral expenses and

the costs of administering my estate be first paid out of my estate.

Item II. I hereby give devise and bequeath all the rest and residue of my

estate, both real and personal, wherever situate, whether in possession

or expectoney to my namesake Elmer C. Miller, so on Charles

C. Miller, and unto his heirs and assigns forever.

Item. III. I hereby constitute and appoint my brother in law Charles C.

Miller, as the Executor of this my last Will and Testament, hereby

authorizing and empowering him to settle compromise and adjust

any claim, owing me or any debt existing against me.

In Witness Whereof

I have hereunto set my hand and seal this 29th day of May_

A.D.1889.

Robert E. Jennings. {Seal}


Signed, sealed, acknowledged and declared and published by the

said Robert Elmer Jennings as and for his last Will and Tes=

=tament in our presence and we have signed the same at his re:

=quest, as witnesses thereto, in his presence and in the presence of

each other the day last aforesaid.

Mary E. Willey

John D. Van Deman.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 451)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 451)

Description

[page 451]

[corresponds to page 385 of Delaware County Will Records Vol. 8 1887-1890]



385

Abraham Lloyd's Will

4550 Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of Ab: } Application to Admit to Probate -

=raham Lloyd, deceased. }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Abraham Lloyd, late a resident of the Township of Radnor

in said County, died on or about the 6th day of July A.D.1889. leav:

:ing an instrument in writing, hereto attached, purporting to be his

last Will and Testament. That the said Abraham Lloyd died leav:

=ing Eliza A. Lloyd his widow and the following named person his

only next of kin resident of the State of Ohio


Name Degree of Kinship. P.O.Address.

Margaret Ann Gast Daughter. Prospect. Ohio


Your petitioner prays that said Will may be admitted to Probate.

Eliza A. Lloyd.

The foregoing application was signed in my presence and sworn

to before me, this 14th day of August. A.D. 1889.

N.F. Overturf

[sic] {Sell} Probate Judge .


Waiver

We, the undersigned widow and next of kin of the within named dece:

:dent, hereby waive further notice, and consent to the probate of said

Will.

Dated this 14th day of August A.D.1889.

Eliza A. Lloyd

Margaret Ann Gast.


Journal Entry

August 14th 1889.

In the Matter of the Will of }

Abraham Lloyd, deceased. } This day, an instrument of writing, pur:

:porting to be the last Will and Testament

of Abraham Lloyd, late of Radnor Township, in this County,

deceased, was produced in open Court for Probate; On Consid:

=eration Whereof, it is ordered that the said Will be filed in

this Court. And thereupon came Eliza A. Lloyd, widow, and

Margaret Ann Gast, only next of kin of said Testator, resident

of the State of Ohio, and in writing, waived further notice and

consented to the probate of said Will. and thereupon came Jno.

A. Cone and Mary E. Cone the subscribing witnesses to said

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 452)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 452)

Description

[page 452]


[corresponds to page 386 of Delaware County Will Records Vol. 8 1887-1890]

386

Abraham Lloyd's Estate.

Will, who being duly sworn, testified to the due execution and attestation

of said Will. Which testimony was reduced to writing, by them respect:

=ively subscribed and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and Testament

of said Abraham Lloyd, deceased. That the same was duly exe:

=cuted and attested; and that the said Testator, at the time of mak:

=ing, signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and that the

same, together with the testimony of the witnesses above named as well

as the proceedings had thereon, be entered of record in this Court.

N F Overturf.

Probate Judge.


Probate of Will


The State of Ohio } In Probate Court

Delaware County.ss }

Personally appeared in open Court Jno.

A. Cone and Mary E. Cone the subscribing witnesses to the

last Will and Testament of Abraham Lloyd late of Radnor

Township in said Delaware County, deceased; who being duly

sworn according to law, to speak the truth, the whole truth, and noth:

=ing but the truth, in relation to the execution of said Will, de:

:pose and say: That the paper before them bearing date the 30th

day of March A.D.1880. purporting to be the last Will and Testa:

=ment of Abraham Lloyd, now deceased, is the Will of said de:

=ceased Abraham Lloyd, that they were present at the execution

of said Will, and at the request of the Testator, respectively sub:

=scribed their names to the same as witnesses, in his presence;

that they saw the said Abraham Lloyd, deceased, sign and seal

said Will, and heard him acknowledge the same to be his last

Will and Testament, and that the said Abraham Lloyd at

the time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

Jno. A. Cone

Mary E. Cone.

Sworn to and subscribed by said witnesses, in open Court, this

14th day of August A.D.1889.

N.F. Overturf

{Seal} Probate Judge



Copy of Will

I Abraham Lloyd 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:

1 It is my will that my Funeral expenses and all my just

debts be fully paid.

2 I give devise and bequeath to my beloved wife Eliza in Fee

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 453)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 453)

Description

[page 453]


[corresponds to page 387 of Delaware County Will Records Vol. 8 1887-1890]


387

Abraham Lloyd's Estate.

Simple my house and Lot Number Thirty Two (32) in the town

of Delhi Radnor Township. Delaware County Ohio, with all

the appurtenances thereof, also one half of my Personal property con:

=sisting in Book Accounts, Notes and Rail Road Stock.

3rd I give devise and bequeath to my Daughter Margaret Ann

Gast one half of all my Personal property equally divided between

my wife Eliza and my Daughter Margret Ann as soon as it

can be done share and share alike.

And lastly it is my will and desire to have this will probated

and for my wife and Daughter to collect what shall be due and

divide equally among themselves dispensing with Letters of Admin=

=istration and Appraisement of the property etc.

In testimony whereof I have

hereunto set my hand and seal this 30th day of March A.D.

1880.

Abraham Lloyd {Seal}

Signed published and declared

by the above named Abraham

Lloyd as and for his last

Will and Testament in in

presence of us who at his re:

=quest have signed as witnesses

to the same.

Jno. A. Cone

Mary E. Cone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 454)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 454)

Description

[page 454]

[corresponds to page 388 of Delaware County Will Records Vol. 8 1887-1890]

388

John McElroy's Will

Journal Entry.

September 5th 1889.

In the Matter of the Will of }

John McElroy_ deceased.~ } This day, an instrument of writing,

purporting to be the last Will and Tes:

=tament of John McElroy, late of Delaware City, in this County.

deceased. was produced in open Court for Probate; On Consider-

=ation Whereof, it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to admit

the

same to probate and record, be given to Mariah G. McElroy, his

widow and Milo G. McElroy and Stella May Adams (Amelzer

H. McElroy having, in writing waived further notice and consented

to the probate of said Will) next of kin of the Testator, resident

of the State of Ohio, that said application will be for hearing

before this Court, on the 9th day of September A.D.1889 at

10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of John } Application to Admit to Probate

McElroy. Deceased. ~ }

To the Hon. N. F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that John McElroy, late a resident of the City of Delaware,

in said County, died on or about the 1st day of September A.D.

1889 leaving an instrument in writing, hereto attached, purporting to

be his last Will and Testament. That the said John Mc

Elroy died leaving Mariah G. McElroy - his widow - and the follow=

=ing named persons his only next of kin resident of the State of

Ohio.


Name Degree of Kinship P.O. Address

Ervin B. McElroy Son California

Amalzer H. McElroy " Delaware O

Milo G. McElroy " " "

Stella May Adams. Daughter " "



Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be not:

:ified according to law of the pending of said proceedings.

Amelzer H. Mc Elroy

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 455)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 455)

Description

[page 455]

[corresponds to page 389 of Delaware County Will Records Vol. 8 1887-1890]


389

John McElroy's Will

The foregoing application was signed in my presence and sworn to

before me, this 5th day of September A.D. 1889.

N.F. Overturf.

{Seal} Probate Judge





Waiver

I, the undersigned, one of the next of kin of the within named

decedent, hereby waive further notice, and consent to the probate

of said Will.

Dated this 5th day of September A.D.1889.

A.H. McElroy.



Notice


The State of Ohio In Probate Court.

Delaware County ss

In the matter of the last Will and

Testament of John McElroy, deceased,

To Amelzer H. McElroy:

You are hereby commanded

to notify Mariah G. McElroy - Milo G. McElroy and

Stella May Adams

That on the 5th day of September A.D.1889.

an instrument of writing, purporting to be the last Will and

Testament of John McElroy, late of Delaware City, in

said County, deceased, was produced in said Court, and an

application to admit the same to probate was on the same day

made in said Court. Said application will be for hearing

before this Court on the 9th day of September A.D.1889. at

10 o'clock A.M.,

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 5th day of September A.D.1889.

N.F. Overturf

{Seal} Probate Judge


Proof of Service


The State of Ohio

Delaware County.ss. Amelzer H. McElroy being duly sworn,

says that on the 5th day of Sept A.D.

1889. he served the within notice by delivering a true copy there:

=of to the within named Milo G. McElory - Mariah G. Mc

Elroy and Stella May Adams.

Amelzer H. McElroy

Subscribed in my presence and sworn to before me this 9th day

of September A.D.1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 456)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 456)

Description

[page 456]

[corresponds to page 390 of Delaware County Will Records Vol. 8 1887-1890]

390

John McElroy's Will

Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court Geo. H.

Waldo and Geo. C. Eaton the subscribing witnesses to the

last Will and Testament of John McElroy, late of Delaware

Township in said Delaware County, deceased; who being duly sworn

according to law, to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will, depose

and say: That the paper before them bearing date the 10th day

of January - A.D 1888, purporting to be the last Will and

Testament of John McElroy now deceased, is the Will of

said deceased, John McElroy, that they were present at the

execution of said Will, and at the request of the Testator respect=

=ively subscribed their names to the same as witnesses, in his

presence; that they saw the said John McElroy deceased,

sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said John

McElroy at the time of making, signing and sealing said Will

was of full age, of sound mind and memory, and not under any

restraint.

Geo. H. Waldo

Geo. C. Eaton.

Sworn to and subscribed by said witnesses, in open Court - this

9th day of September A.D. 1889.

N.F. Overturf

{Seal} Probate Judge




Journal Entry.

September 9 1889.

In the Matter of the Will

of John McElroy - deceased.

Be it remembered, that heretofore,

to-wit:

on the 5th day of SeptemberA.D.1889. an instrument of writing.

purporting to be the last Will and Testament of John McEl:

:roy, late of Delaware City, in this County. deceased, was pro:

=duced in open Court for probate, and was then filed. And,

it now being shown to the satisfaction of the Court, that due

notice of the filing of said Will, and of the application to admit

the same to probate and record in this Court, has been given

to Mariah G. McElroy his widow, Milo G. McElroy and

Stella May Adams (Ameler H. McElroy having waived

Notice) heirs and next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court; there:

:fore, on this day came Geo. H. Waldo and Geo. C. Eaton, the

subscribing witnesses to said Will, who being duly sworn, tes:

=tified to the due execution and attestation of said Will. Which

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 457)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 457)

Description

[page 457]

[corresponds to page 391 of Delaware County Will Records Vol. 8 1887-1890]



391

John McElroy's Will

testimony was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last Will and Tes:

=tament of said John McElroy, deceased. That the same

was duly executed and attested; and that the said Testator-

at the time of making - signing and sealing said Will, was of

full age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will be

admitted to probate, and that the same, together with the testi:

=mony of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.




Copy of Will


Know all men by these presents that I, John McElroy

of the City of Delaware, County of Delaware State of Ohio

being in full posession of my mental faculties do make and

publish this my last Will and Testament.


1 I direct that my remains be buried on the South West

corner of my Family Lot in Oak Grove Cemetery.


2 I wish to be buried without any show or ostentation, but in

a manner respectful to my neighbours, whose kindness

has constributed so much to the hapiness of me and mine.


3. My affectionate wife who has been to me a source of so much hap:

=iness, must be tenderly provided for, care must be taken that

she has some reasonable income.

4. I apoint my sons Milo G. McElroy and Amelzer H. McEl:

=roy to be my Executors of this my Will ~

5. I give and devise to my son Amelzer H. McElroy the North

part of Lot Fifty Six (56) discribed as follows: commencing 10

feet

North of Lot line conveyed to E.E.Jones, running North on

line of Washington St to lot line, thence West on said line one

hundred feet (100) thence south the same Number of feet as

on line of Washington St. thence East to place of beginning,

with all the improvements thereon with the free use off the al:

=lies and to have the property in posession and he is to keep the

property in repair, pay the taxed & insurance.


6. I do hereby autherize and empower my Executors to mortgage,

sell or lease so much of the property as is necessary to pay debts,

and pay to my Wife so much from the rents, profits and in:

=come as is necssary for her comfortable support during her natur=

=al life.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 458)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 458)

Description

[page 458]


[corresponds to page 392 of Delaware County Will Records Vol. 8 1887-1890]

392

John McElroy's Will

7 I desire that the vacant lot commenceing sixty five feet

west

from the south east corner of the double brick dweling on corner

of Washington and Wm Street runing West 45 feet and North

Ninety four feet to south line of Lot owned by E. E. Jones: para:

=lel with West line of Washington St, also the lot on which the

office now stands North of the double brick building 29 1/2 feet

wide, North and 65 feet long west, to be sold to pay debts against

my Estate.

8 My Will is that my Wife have full and entire possession of

the property where I now reside, bounded as follows. commencing

one hundred and ten feet. West from the South East corner of

brick dweling on corner of Washington and Wm St. running West

forty nine feet (49) thence North to North line of Lot 55 thence

East on North line of Lot 55 including barn wagon shed and

free use of the allies now open, with all the improvements and the

personal property in said dwelling and on the premises in which

I have an interest during her natural life ~ the property af=

=ter the decease of my Wife, I give and bequeath to my Daughter

Stella May Adams wife of David S. Adams to have and to hold

the said premises with all the apurtanaces to her the said Stel:

=la May Adams, to her sole and separate use, free from the in:

=terferance or control of her Husband. and to her heirs and asigns

forever.~

I do appoint my Son Milo G. McElroy Trustee for my

said Daughter Stella M. Adams to take charge of and manage

the business required to care for and use said property for her sup=

=port and maintaince and to sell and convey said property when=

=ever her interest may require it.

9 I give and bequeath to my son Milo G. McElroy all of the

West part of Lot Fifty five (55) with the improvements thereon,

commencing in the West line of the premises here discribed

as bequeathed to my Daugther Stella May Adams.


10 I give and bequeth to my said Executors the double brick

dweling on the South East corner of In Lot Fifty Six (56)

with the land belonging therto, to be held in trust as here-

after discribed, the rents of the South half after paying all

nessary repairs taxes and insurance thereon shal be paid

to my Son Erwin B. McElroy dureing his natural life ~

and after his deceased, convey the same in fee to his nearest

relatives as may deam most advisable, they acting therein

with my sons concurance, if circumstances admit of him ex=

=presing his wishes, otherwise in their own discretion, and the

rent of the North half of said building be paid to to my son

Amelzer H. McElroy after paying for repairs insurance &.

taxes during his natural life at his decease the property said

North half - in which he is interested he sold and the proce to

be equaly devided to his legal heirs.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 459)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 459)

Description

[page 459]

[corresponds to page 393 of Delaware County Will Records Vol. 8 1887-1890]



393

John McElroy's Will

11 Any of the Legatees herein described apealing to the Courts

to change or alter this Will, shall deprive themselves of any

interest in the same.

12 I here request that my Executors and Trustes be not re=

=quired to give bonds for the performance of their respective du=

=ties under this Will, and that they discharge the dutires under

this Will without other compensation than herein devised.

In Testimony whereof. I have hereunto

set my hand and seal at the city of Delaware, Delaware

Co. O. and have published and declared this to be my last Will

and Testament in the 10th January in the year of our Lord

Eighteen Hundred & Eighty Eight (1888)

John McElroy.


Signed by the above named John McElroy as and for his

last Will and Testament in the presence of us at the time, who

in his presence, and in the presence of each other, have hereunto

subscribed our names as atesting witnesses thereto. at his re:

=quest this 10th day of January- 1888.

Geo. G. Waldo

Z. P Hammond

Geo. C. Eaton.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 460)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 460)

Description

[page 460]

[corresponds to page 394 of Delaware County Will Records Vol. 8 1887-1890]

394

Elizabeth Johnson's Will

Journal Entry.

September 4th 1889.

In the Matter of the Will of

Elizabeth Johnson, deceased.

This day, an instrument of writing, pur=

=porting to be the last Will and Testament of Elizabeth Johnson. late

of Harlem Township, in this County, deceased, was produced in open

Court for Probate; On Consideration Whereof, it is ordered that the

said Will be filed in this Court, and Alonzo L. Johnson one of the

next of kin of said Testatrix, having in writing, waived further notice

and consented to the probate of said Will, it is ordered that due

notice of the filing of said Will, and of the application to admit the

same to probate and record, be given to Harrison Johnson. Har:

:ry Neff. Seymour Neff. Lizzie Neff. Samuel Neff. Mary

Oller. Lizzie Oller and John Oller. next of kin of the

Testatrix, resident of the State of Ohio, that said application will

be for hearing before this Court, on the 21st day of September. A.

D.1889. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of_ Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate.

Elizabeth Johnson. deceased. }

To the Hon. N.F. Overturf. Judge of the Probate

Court in and for said County:

Your petitioner respectfully represents, that

Elizabeth Johnson, late a resident of the Township of Harlem in said

County, died on or about the 30th day of August A.D.1889, leaving

an instrument in writing, hereto attached, purporting to be her last

Will and Testament. That the said Elizabeth Johnson died leaving

no widower, and the following named persons her only next of kin

resident of the State of Ohio.


Name Age of Degree of Kinship. P.O. Address
Address.

Alonzo L. Johnson Son. Harlem Ohio

Harrison Johnson " Ohio.

Laura Kidwell Grand-child Indiana.

Harry Neff " " Ohio

Seymour Neff 7 or 8 " " "

Lizzie Neff 14 " " "

Samuel Neff 12 " " "

Mary Oller " " Ohio

Lizzie Oller " " "

John Oller. " " "
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 461)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 461)

Description

[page 461]

[corresponds to page 395 of Delaware County Will Records Vol. 8 1887-1890]



395

Elisabeth Johnson's Will

Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

A. L. Johnson.

The foregoing application was signed in my presence and sworn

to before me, this 4th day of September A.D. 1889.

N.F. Overturf

{Seal} Probate Judge



Waiver

I, the undersigned, next of kin, of the within named decedent, hereby

waive further notice, and consent to the probate of said Will.

Dated this 4th day of Sept. A.D. 1889.

A.L. Johnson.



Notice.


The State of Ohio } In Probate Court.

Delaware County.ss. }

In the matter of the last Will and Testament

of Elizabeth Johnson, deceased.

To Alonzo Johnson.

You are hereby commanded to notify Har:

=rison Johnson - Harry Neff. Seymour Neff. Lizzie Neff _

Samuel Neff- Marry Oller. Lizzie Oller. and John Oller.

that on the 4th day of Sept. A.D.1889. an instrument of writing,

purporting to be the last Will and Testament of Elizabeth Johnson,

late of Harlem Township, in said County deceased, was produced in

said Court, and an application to admit the same to probate was on

the same day made in said Court. Said application will be for-

hearing before this Court on the 21st day of September A.D.

1889. at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware. Ohio, this 4th day of September A.D.1889.

N.F. Overturf

{Seal} Probate Judge



Proof of Service


The State of Ohio }

Delaware County.ss }

Alonzo Johnson being duly sworn, says

that on the 5th day of September A.D.1889, he served the within

notice by delivering a true copy thereof to the within named Har:

:rison Johnson. Harry Neff. Seymour Neff. Lizzie Neff.

Samuel Neff. Mary Oller Brant - Lizzier Oller Couold

and John Oller

A.L. Johnson.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 462)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 462)

Description

[page 462]

[corresponds to page 396 of Delaware County Will Records Vol. 8 1887-1890]

396

Elizabeth Johnson's Will

Subscribed in my presence and sworn to before me this 21st day of

September A.D.1889.

N.F. Overturf

Probate Judge


Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court Harvey Sei:

:bring and James Cockrell. Jr. the subscribing witnesses to the last

Will and Testament of Elizabeth Johnson, late of Harlem Town-

=ship in said Delaware County, deceased; who being duly sworn ac:

=cording to law, to speak the truth, the whole truth, and nothing but the

truth, in relation to the execution of said Will, depose and say: That

the paper before them bearing date the 11th day of July A.D.1885.

purporting to be the last Will and Testament of Elizabeth John=

=son, that they were present at the execution of said Will, and at the

request of the Testator, respectively subscribed their names to the

same as witnesses, in her presence; that they saw the said Eliza:

:beth Johnson, deceased, sign and seal said Will, and heard her

acknowledge the same to be her last Will and Testament, and that

the said Elizabeth Johnson at the time of making, signing and

sealing said Will, was of full age, of sound mind and memory, and

not under any restraint.

Harvey Sebring

James Cockrell. Jr.

Sworn to and subscribed by said witnesses, in open Court, this

21st day of September A.D.1889.

N.F.Overturf.

{Seal} Probate Judge


Journal Entry

September 21st 1889,

In the Matter of the Will of }

Elizabeth Johnson. deceased. } Be it remembered, that heretofore,

to-wit:

on the 4 day of September. A.D. 1889,

an instrument of writing, purporting to be the last Will and Testa:

:ment of Elizabeth Johnson, late of Harlem Township, in this Coun:

:ty, deceased, was produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction of the Court, that

due notice of the filing of said Will, and of the application to admit the

same to probate and record in this Court, has been given to Harri:

:son Johnson- Harry Neff. Seymour Neff - Lizzie Neff. Sam=

=uel Neff- Mary Oller Brant - Lizzie Oller Couold. and John

Oller (Alonzo L. Johnson having waived Notice) next of kin of the

Testator, resident of the State of Ohio pursuant to a former order of

this Court; therefore, on this day came Harvey Sebring and James
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 463)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 463)

Description

[page 463]

[corresponds to page 397 of Delaware County Will Records Vol. 8 1887-1890]


397

Elizabeth Johnson's Will

Cockrell, Jr. the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of said Will.

Which testimony was reduced to writing, by them respectively sub=

=scribed, and filed with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last Will and Testament

of said Elizabeth Johnson, deceased, That the same was duly ex=

=ecuted and attested; and that the said Testator, at the time of mak=

=ing, signing and sealing said Will, was of full age. of sound mind and

memory, and not under any restraint. It is, therefore, by the Court.

ordered, that the said Will be admitted to probate, and that the same,

together with the testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge



Copy of Will

In the name of the benevolent Father of All I Elizabeth Johnson

of Harlem Township. Delaware County. Ohio, do make and publish

this my last Will and Testament.

Item 1st I devise and bequeath to my Grand Children Laura Kidwell -

Harry Neff. Welton Neff - Lizzie Neff - Samuel Neff. Sewmour

Neff each Forty five ($45.00) Dollars of my Estate.

Item 2nd To my Grand children Mary Oller- Lizzie Oller- John Oller I

have already given to each one Fifty Dollars (50.00) of my estate

which is all I have for them and they will not have any claim

whatever in my estate.

Item 3rd I devise bequeath to my Sons Alonza Johnson and Harrison John=

=son equal all of my estate chattles, Notes and Money after pay:

=ing Forty five ($45.00) Dollars to each of the heirs mentioned in

Item 1st.

Item 4th I do hereby nominate and appoint my Sons Alonzo Johnson and

Harrison

Johnson Executors of this my last Will and Testament authorizing

and empowering them to compromise adjust release and discharge in

such a manner as they deem proper the debts and claims due me.

This instrument to be kept by Alonzo Johnson until my death.

In Testimony hereof I have hereunto set my hand and seal this

11th day of July. 1885. her

Elizabeth X Johnson. {Seal}

mark

Signed and acknowledged by said Elizabeth Johnson as her last

Will and Testament in our presence and signed by us in her

presence.

Harvey Sebring.

James Cockrell. Jr.


Executed by me the subscriber a Justice of the peace of Harlem

Township. Delaware County. Ohio this eleventh day of July.

1885.

James Cockrell. J.P.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 464)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 464)

Description

[page 464]

[corresponds to page 398 of Delaware County Will Records Vol. 8 1887-1890]

398

Abraham Worline's Will

Journal Entry.

October 8th 1889.

In the Matter of the Will of

Abraham Worline, deceased. This day, an instrument of writing,

purporting to be the last Will and

Testament of Abraham Worline, late of Troy Township, in this Coun=

=ty, deceased, was produced in open Court for Probate, On consid:

=eration whereof, it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to admit

the same to probate and record, be given to Rebecca Worline, his

widow, and Daniel Worline (Rebecca Schultz - Edward Worline

and Nathan Worline having this day, in writing, waived further

notice and consented to the probate of said Will) next of kin of

the Testator, resident of the State of Ohio, that said application

will be for hearing before this Court on the 12th day of October

A.D.1889. at 11 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will.


The State of Ohio } In Probate Court

Delaware County.ss. }


In the Matter of the Last Will }

and Testament of Abraham } Application to Admit to Probate

Worline, deceased. ~ }

To the Hon. N.F. Overturf. Judge

of the Probate Court in and for said County

Your petitioner respectfully represents

that Abraham Worline, late a resident of the Township of Troy

in said County, died on or about the 6th day of October A.D. 1889,

leaving an instrument in writing, hereto attached, purporting to be

his

last Will and Testament. That the said Abraham Worline died

leaving Rebecca Worline, widow and the following named persons

his only next of kin resident of the State of Ohio:

Names Degree of Kinship P.O. Address

Daniel Worline Son Ashley. Ohio

Rebecca Schultz Daughter Convoy. Ohio

Edwin Worline Son Convoy Ohio

Nathan Worline " Vanwert Ohio

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

Rebecca Schultz.

The foregoing application was signed in my presence and sworn to

before me, this 8th day of October. A.D.1889.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 465)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 465)

Description

[page 465]

[corresponds to page 399 of Delaware County Will Records Vol. 8 1887-1890]

399

Abraham Worline's Will

Waiver

We, the undersigned Next of kin, Residents of the State of Ohio,

of the within named decedent, hereby waive further notice, and

consent to the probate of said Will.

Dated this 8th day of October.A.D.1889.

Rebecca Schultz.

Edward Worline

Nathan Worline


Notice.


The State of Ohio } In Probate Court.

Delaware County.ss. }



In the matter of the last Will and Testament

of Abraham Worline, deceased.

To Wilbert Main:

You are hereby commanded to notify


Rebecca Worline and Daniel Worline, that on the 8th day of

Oct. A.D. 1889. an instrument of writing. purporting to be the

last Will and Testament of Abraham Worline, late of Troy Town=

=ship, in said County deceased, was produced in said Court, and

an application to admit the same to probate was on the same day

made in said Court. Said application will be for hearing before

this Court on the 12th day of October A.D.1889. at 11 o'clock AM

Witness my hand and the seal of said Probate Court at

Delaware Ohio, this 8th day of October. A.D.1889.

N.F. Overturf

{Seal} Probate Judge


Proof of Service.

The State of Ohio }

Delaware County.ss. } Wilbert Main being duly sworn, says that on

the 8th & 9th days of October A.D.1889. he served

the within notice by delivering a true copy thereof to the within

named

Rebecca Worline and Daniel Worline.

Wilbert Main.

Subscribed in my presence and sworn to before me this 14th day of

October A.D.1889.

N.F. Overturf

{Seal} Probate Judge.

October 12th 1889. Journal Entry.

In the Matter of the Will of

Abraham Worline, deceased. This day, this cause came on for

hearing. and

Wilbert Main, to whom Notice was

issued

to be served on the Widow, and next of kin, failing to appear, the

hearing

of said Will is continued until the 14th day of October A.D.1889. at 2

o'clock P.M.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 466)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 466)

Description

[page 466]

[corresponds to page 400 of Delaware County Will Records Vol. 8 1887-1890]

400

Abraham Worline's Will

Probate of Will.


The State of Ohio } In Probate Court

Delaware County.ss. }

Personally appeared in open Court Wil=

=liam J. Davis and Henry J. Eaton the subscribing witnesses

to the last Will and Testament of Abraham Worline, late of

Troy Township in said Delaware County, deceased; who being

duly sworn according to law, to speak the truth, the whole truth

and nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bearing

date the 26th day of December A.D. 1888. purporting to be the

last Will and Testament of Abraham Worline now deceased,

is the Will of said deceased Abraham Worline, that they

were present at the execution of said Will, and at the request

of the Testator, respectively subscribed their names to the same

as witnesses, in his presence; that they saw the said Abraham

Worline, deceased, sign and seal said Will, and heard him ac:

=knowledge the same to be his last Will and Testament, and

that the said Abraham Worline, at the time of making, sign=

=ing and sealing said Will, was of full age, of sound mind and

memory and not under any restraint.

William J. Davis

Henry J. Eaton.

Sworn to and subscribed by said Witnesses, in open Court, this

14th day of October A.D.1889,

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

October 14th 1889.

In the Matter of the Will of }

Abraham Worline, deceased. } Be it remembered, that heretofore,

to-wit:

in the 8th day of October A.D.1889.

an instrument of writing, purporting to be last Will and

Testament of Abraham Worline, late of Troy Township, in

this County, deceased, was produced in open Court for probate,

and was then filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will, and of

the application to admit the same to probate and record in this

Court, has been given to Rebecca Worline, widow, and Daniel

Worline (Rebecca Schultz. Edward Worline and Nathan

Worline having waived Notice) next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order of

this Court; therefore, on this day came William J. Davis

and Henry J. Eaton the subscribing witnesses to said Will,

who being duly sworn, testified to the due execution and attesta:

=tion of said Will. Which testimony was reduced to writing,

by them respectively subscribed, and filed with said Will, where=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 467)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 467)

Description

[page 467]

[corresponds to page 401 of Delaware County Will Records Vol. 8 1887-1890]



401

Abraham Worline's Will

=upon the Court finds that the aforesaid instrument of writing

is the last Will and Testament of said Abraham Worline,

deceased. That the same was duly executed and attested; and

that the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and memory,

and not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered of

record in this Court.

N.F. Overturf

Probate Judge.





[Paragraph Heading in left sidebar: "Article of Agreement filed with

Will"]

Copy of Will


The Last Will and Testament

of

Abraham Worline

Of Troy Township. Delaware County. Ohio


In the Name of the Benevolent Father of All: I, the said

Abraham Worline, being of sound and disposing mind and mem:

=ory, considering the uncertainty of continuance in life, and desiring

to make such disposition of my worldly estate as I deem best,

do make, publish and declare, this to be my last Will and Testa=

=ment; hereby revoking and annulling any and all former Will

or Wills whatsoever by me made.


Item First: I desire all my just debts and funeral expenses to be

paid, as

soon as possible after my decease, out of money then on hand or ow=

=ing to me.

Item Second: I give and bequeath to my beloved wife, Rebecca

Worline

who has been my faithful industrious & economical compan=

=ion, lo, these many years, if she be living at my decease,

as follows: First, the use so long as she shall live of all

the money & property real & personal of which I may be the

owner at my decease, & if that should not be found sufficient

for her good & comfortable support, then, Second, my Exec=

=utor hereinafter named, shall make up from & expend of

the principal of all money belonging to my estate, so much as

he may find the said use of my estate to lack in supporting

her; & Third, if the money belonging to my estate should

at any time be exhausted in the support of said Rebecca

Worline, then my Executor is hereby authorized & required to

sell all real estate belonging to my estate, & expend of the pro:

=ceeds for the good & comfortable support of my said wife all that

he may find necessary. It being my Will, that the said

Rebecca Worline shall have out of my estate as good &
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 468)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 468)

Description

[page 468]

[corresponds to page 402 of Delaware County Will Records Vol. 8 1887-1890]

402

Abraham Worline's Will

comfortable support as long as she shall live as she has

whilst I am living, if it shall take & use up the whole es=

=tate, for she is worthy. Said Real Estate consists of the

26 acres of land, more or less, where we now reside & is situ:

=ated in the State of Ohio, Delaware County, Troy Town=

=ship. Range 19. Township 5. Section One, U.S.W. Sur:

=vey & is described on the tax duplicate of said County as the

North part of Lots Nos 26 & 28, & is bounded on the north by

land of Clinton Main, & on the east & south by Simpson's

land, & on the West by the land sold by my son, Ed Worline

to Dix. My Executor, if it should become necessary as afore=

=said, during the life of my wife to sell said real estate for her

support, may sell it at public or private sale & upon such

terms & for such price as he may think best & deeds in fee-

simple to purchasers to execute & deliver

Item Third: I do give & bequeath to my beloved grand-daughter

Rebecca

Worline daughter of Abraham Worline, Jr. deceased & who is

now residing within four miles (about,) of Pleasant Hill .

Cass County . Missouri, the sum of One Hundred Dollars,

to be paid to her as soon after the decease of my wife, (of after my

deceased if I outlive her,) as it can conveniently be collected.


Item Fourth: To my beloved sons Nathan & Edward & beloved daughter

Re:

=becca widow of Wm Dix all of Van Wert County. Ohio. I do

give & bequeath all of my estate real & personal, that may be left

after filling all the requirements of the three foregoing items, in:

=cluding the payment of the expenses of the last sickness & funeral

of my said wife, & the erection by my Executor of a suitable

monument on my lot in the old cemetery in the City of Dela:

=ware Ohio. All to be equally divided among said three child=

:ren, only the said Rebecca shall receive & be charged with as

a part of her share of one third with her note to me for the

Three Hundred & Twenty Dollars, which I gave to her about

eighteen months ago. She shall not be charged with any interest

thereon but shall take it at $320.

Item Fifth: I authorize & direct my Executor at my decease, if my

said

wife be still living, to take the charge & management of said real

estate, she to live thereon or not as she may choose, & also to take

the charge & management of all my money & personal estate, keep

said real estate in good repair pay the taxes thereon, & see

that she is carefully & comfortably provided for as hereinbefore di=

=rected & at her decease, (if not previously sold for the support of

my wife as above directed,) or at my decease, if I outlive her,

he shall sell said real estate at public or private sale & for such

price & upon such terms as he may think best & deeds in fee-

simple to purchasers to execute & deliver & he shall turn all per=

=sonal property belonging to my estate into money at public or

private sale for such prices & upon such terms as he judges

for the best interests of all concerned & after paying all debts &
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 469)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 469)

Description

[page 469]

[corresponds to page 403 of Delaware County Will Records Vol. 8 1887-1890]


403

Abraham Worline's Will

funeral expenses of myself & wife & erecting said monument,

& paying said legacy of One Hundred Dollars, in Item

Third, divide the net proceeds as above in Item Fourth

directed.

I nominate and appoint my respected friend and neighbor

Lewis Bush to be the Executor of this Will.

In Witness Whereof, I have

hereunto set my hand and seal this twenty sixth day of

December, in the year eighteen hundred and eighty eight.

his

Abraham X Worline . {Seal}

mark

Signed, sealed, and acknowledged, by said Abraham Worline as

and for his last Will and Testament, in our presence, and

subscribed and attested by us, as witnesses, in his presence, and

at his request, & in the presence of each other.

William J. Davis

Henry J. Eaton




Article of Agreement filed with Will

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 470)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 470)

Description

[page 470]

[corresponds to page 404 of Delaware County Will Records Vol. 8 1887-1890]

404

Permelia Cornell's Will

Journal Entry.

September 23rd 1889.

In the Matter of the Will of }

Permelia Cornell, deceased. } This day, an instrument of writing,

purport:

=ing to be the last Will and Testament

of Permelia Cornell, late of Berkshire Township, in this Coun=

=ty, deceased, was produced in open Court for Probate; On consid=

=eration whereof, it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to admit

the same to probate and record be given to George Cornell -

Mary Comstock - Briggs T. Cornell - and Betsey B. Carpenter

H.H. Cornell and H. L. Dustin, having, in writing, waived furth:

=er notice and consented to the probate of said Will) next of kin

of the Testatrix, resident of the State of Ohio, that said applica=

=tion will be for hearing before this Court on this 2nd day of October.

A.D.1889. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.



Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last Will }

and Testament of Permelia } Application to Admit to Probate.

Cornell, Deceased. ~ }

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Permelia Cornell, late a resident of the Township of Berk:

=shire, in said County, died on or about the 14th day of September.

A D.1889 leaving an instrument in writing, hereto attached, pur:

=porting to be her last Will and Testament: That the said

Permelia Cornell, died leaving no person her widower, and the

following named persons his only next of kin resident of the

State of Ohio:


Names Degree of Kinship P.o. Address.

John A. Cornell Son Adatin. Ill.

Sabina Filbrick Oregon. Mo.

George Cornell Son St Mary's Ohio.

Mary Comstock Flint Fran. Co.

Briggs T. Cornell Galena Ohio

Betsey B. Carpenter Delaware. O.

Hannah Dustin Galena. O.

Clay Cornell. Sunbury. O:


Your petitioner prays that a time may be fixed for the proving of

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 471)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 471)

Description

[page 471]

[corresponds to page 405 of Delaware County Will Records Vol. 8 1887-1890]



405

Permelia Cornell's Will

said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

H.C.Cornell

The foregoing application was signed in my presence and sworn

to before me, this 23rd day of September A.D.1889.

N.F. Overturf

{Seal} Probate Judge


Waiver

We, the undersigned next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 23rd day of September A.D. 1889,

H.C.Cornell

H.L.Dustin .



Notice.


The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and Testa=

=ment of Permelia Cornell, deceased:

To H. C. Cornell:

You are hereby commanded to noti=

=fy George Cornell - Mary Comstock - Briggs T. Cornell -

and Betsy B. Carpenter. ~ that on the 23rd day of September.

A.D.1889 an instrument of writing, purporting to be the last

Will and Testament of Permelia Cornell, late of Berkshire

Township, in said County, deceased, was produced in said Court,

and an application to admit the same to probate was on the same

day made in said Court. Said application will be for hearing

before this Court on the 2nd day of October A.D.1889. at 10 o'clock

A.M.

Witness my hand and the seal of said Probate Court,

at Delaware, Ohio, this 23rd day of September A.D.1889.

N.F. Overturf

{Seal} Probate Judge



Proof of Service

The State of Ohio }

Delaware County.ss } H.C.Cornell being duly sworn, says that

on the day of September A.D.1889. he

served the within notice by delivering a true copy thereof to the

with=

=in named George Cornell- Mary Comstock- Briggs T. Cornell .

Betsey B. Carpenter.

H.C.Cornell

Subscribed in my presence and sworn to before me this 2nd day of Oc:

:tober. A.D. 1889.

{Seal} N.F. Overturf. Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 472)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 472)

Description

[page 472]

[corresponds to page 406 of Delaware County Will Records Vol. 8 1887-1890]

406

Permelia Cornell's Will

Journal Entry.

October 2nd 1889.

In the Matter of the Will of }

Permelia Cornell, deceased. } Be it remembered, that heretofore,

to-wit:

on the 23rd day of September AD 1889

an instrument of writing, purporting to be the last Will and Testa=

=ment of Permelia Cornell, late of Berkshire Township, in this

County, deceased, was produced in open Court for probate, and was

then filed. And it now being shown to the satisfaction of the Court,

that due notice of the filing of said Will, and of the application

to admit the same to probate and record in this Court, has been

given to George Cornell- Mary Comstock - Briggs T. Cor=

=nell and Betsey B. Carpenter H.C.Cornell and H.L.Dus:

=tin having waived Notice) who being duly sworn, testified to the

due execution and attestation of said Will, which testimony

was reduced to writing, by him subscribed, and filed with said

Will. The further hearing of this Will is continued to the

7th day of October A.D.1889. to take the testimony of J.F. Jones,

the other subscribing witness to said Will.

N.F. Overturf

Probate Judge



Testimony of E. Brown


In Probate Court. ~ In the Matter of proving the last Will and

Delaware County. Ohio Testament of Permelia Cornell - Deceased


The State of Ohio }

Delaware County.ss } E. Brown, being duly sworn and examined as

a witness in the above entitled matter, says:

I was present at the execution of the instrument now shown to

me, bearing date the 12th day of June A.D.1874. and offered for pro:

=bate as the last Will and Testament of Permelia Cornell, late of

Berkshire Township, in said County of Delaware, deceased, and

saw the said Permelia Cornell, now deceased sign and seal said

instrument, and heard her acknowledge the same to be her last

Will and Testamentt; and I, thereupon, at her request, and in her

presence, subscribed my name to the same as a witness: The

said decedent, at the time of making, signing and sealing said in=

= strument, was of full age, of sound mind and memory, and not

under any restraint.

E. Brown

Sworn to and subscribed by said witness in open Court. this

2nd day of OctoberA.D.1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 473)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 473)

Description

[page 473]

[corresponds to page 407 of Delaware County Will Records Vol. 8 1887-1890]



407

Permelia Cornell's Estate.

Journal Entry.

October 7th 1889,

In the Matter of the Will of

Permelia Cornell. deceased. This day this cause came on to be

heard, and it now appearing to the

Court that J.F. Jones, the other subscribing witness to said

Will, is a resident of Clark County. Virginia, and is without

the jurisdiction of this Court, it is thereupon ordered, that a

Commission, with the Will annexed, issue herein , to Charles

M.Brown, of Clark County. Virginia, directing him to

take the testimony of said subscribing witness, and return the

same, according to law, with all convenient speed, to this Court.

N.F. Overturf

Probate Judge.




Commission


To Take Testimony of Witness to Will.


The State of Ohio } To Charles M Brown, Greeting:

Delaware County.ss. }


Know Ye, That we, in confidence of your prudence

and fidelity, have appointed you, and by these presents do give you

full power and authority to examine and take the deposition of

J. F.Jones on of the subscribing witnesses to the last Will

and Testament of Permelia Cornell hereto annexed, late of the

County of Delaware, in the State of Ohio, deceased; and therefore

we command you, that at certain days and places appointed by you,

you cause the said J. F.Jones to be brought before you, and

then and there to examine on oath or affirmation first taken

before you, touching the due execution of said Will of the said Per=

=melia Cornell and that you reduce such examination to writing,

and return the same, together with this Commission and the

Will of the said Permelia Cornell thereto annexed, closed up

under your seal, into our said Probate Court, with all con=

=venient speed.

In Testimony WhereofI , N.F. Overturf -

Judge of the said Court, have hereunto set my hand and affixed

the seal of said Court, at Delaware Ohio, this 7th day of

October A.D.1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 474)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 474)

Description

[page 474]

[corresponds to page 408 of Delaware County Will Records Vol. 8 1887-1890]

408

Permelia Cornell's Will

Copy of Will


I, Permelia Cornell of Galena Delaware County. Ohio do

make and publish this my last Will and Testament.


First It is my will that my just debts and all charges be paid out

of my estate.

Item 2nd I give and devise all the residue of my estate, both real and

personal that I may be possessed of at the time of my death,

to my son Clay Cornell.

I do hereby revoke any and all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this 12th day of June in the year 1874.

Permelia Cornell {Seal}


Signed and acknowledged by said

Permelia Cornell as her last

Will and Testament in our presence,

and signed by us in her presence.

J.F. Jones

E. Brown.



Deposition of Witness to Will.


The State of Virginia } In the Matter of the last Will and Testament

Clark County.ss. } of Permelia Cornell.


Personally appeared before me Charles M. Brown, Commissioner,

J.F. Jones subscribing witness to the last Will and Testament

of Permelia Cornell, late of Berkshire Township in said Del:

=aware County, deceased, who being by me first duly sworn accord:

=ing to law, to speak the truth, the whole truth, and nothing by

the truth in relation to the execution of said Will, deposes and

says: That he was present at the execution of the paper before

him bearing date the 12th day of June A.D.1874, purporting to

be the last Will and Testament of Permelia Cornell now de=

=ceased, whose name is signed at the end thereof, and at the re:

:quest of said deceased, he subscribed his name to the same as a

witness in her presence; that he saw the said Permelia Cor:

=nell sign and seal said Will, and heard her acknowledge the

same to be her last Will and Testament; and that the said Per=

=melia Cornell at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not un=

=der any restraint.

J.F. Jones, Witness

Sworn to and subscribed before me, this 17th day of October. A.

D.1889.

Charles M. Brown

Commissioner
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 475)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 475)

Description

[page 475]

[corresponds to page 409 of Delaware County Will Records Vol. 8 1887-1890]


409

Permelia Cornell's Will

The State of Virginia }

Clark County, ss. } I, Charles M. Brown, duly appointed

and commissioned by the Judge of the

Probate Court, of the County of Delaware and the State of

Ohio, to take the testimony of J.F.Jones subscribing witness

to the last Will and Testament of Permelia Cornell, deceased,

late a resident of said County and State, which Commission,

and the said Will are hereto annexed, do hereby certify that in

pursuance of said Commission, I caused the above named J.

F. Jones subscribing witness as aforesaid to appear before me,

at Berryville, Clark Co. Va. on the 17th day of October. 1889

that he was first duly sworn by me, according to law, to speak

the truth, the whole truth, and nothing but the truth, that

I examined him in relation to the execution of said Will, and

reduced his testimony to writing as above set forth in his pres=

=ence and that he signed the same in my presence, and I

further certify that I am not Counsel, Attorney. or Relative

of any of the parties named in said Will, or otherwise interes=

=ed in the Probate thereof.

In witness whereof I have hereunto set my hand,

this 17th day of October A.D.1889.

Charles M. Brown.

Commissioner.



Journal Entry

October 22 1889.

In the Matter of the Will of }

Permelia Cornell,deceased. } The Commission heretofore issued

herein to take the testimony of J.F.

Jones, one of the subscribing witnesses to the Will of said Permelia

Cornell, deceased, was this day returned duly executed, and the

same was filed herein. ~ And it appearing to the Court from

the examination of the former witness, and from the deposition

of the said J.F. Jones, that the aforesaid instrument of writing is

the last Will and Testament of said Permelia Cornell, de=

=ceased. That the same was duly executed and attested; and

that the said Testatrix. at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not

under any restraint. It is, therefore, by the Court ordered,

that the said Will be admitted to probate, and that the same,

together with the testimony of the witnesses above named, as well

as the proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 476)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 476)

Description

[page 476]

[corresponds to page 410 of Delaware County Will Records Vol. 8 1887-1890]

410

Margaret E. Scott's Will

Journal Entry.

November13th 1889.

In the Matter of the Will of }

Margaret E. Scott,deceased. } This day, an instrument of writing,

purporting to be the last Will and Tes:

=tament of Margaret E. Scott, late of Troy Township, in this Coun:

=ty, deceased, was produced in open Court for Probate; On Con=

=sideration Whereof, it is ordered that the said Will be filed in

this Court, and that due notice thereof, and of the application

to admit the same to probate and record, be given to James Scott

her widower, and Mariah Curtis- Henry Downing . Elizabeth

E. Deppen - Harriet Reiner - Margaret J. Darst and Ester

Amelia Ashbrook ( James Downing, having in writing, waiv:

=ed further notice and consented to the probate of said Will.)

next of kin of the Testatrix. resident of the State of Ohio, that

said application will be for hearing before this Court, on the 19th

day of November A.D.1889. at 10 o'clock A.M.

N.F.Overturf.

Probate Judge.


Application for Probate of Will.

The State of Ohio } In Probate Court

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of Mar: } Application to Admit to Probate .

:garet E. Scott, deceased }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Margaret E. Scott, late a resident of the Township of Troy in said

County, died on or about the 10th day of November A.D.1889,

leaving an instrument in writing, hereto attached, purporting to

be her last Will and Testament. That the said Margaret E.

Scott died leaving James Scott, her widower, and the following

named persons her only next of kin resident of the State of Ohio.


Names Degree of Kinship. P.O. Address.

Mariah Curtis Daughter Radnor. O.

Henry Downing Son Prospect. O.

James Downing " Delaware .O.

Elizabeth E. Deppen Daughter " "

Harriet Reiner " Westfield

Margaret J. Darst " Delaware. O

Ester Amelia Ashbrook " Delaware O.


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 477)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 477)

Description

[page 477]

[corresponds to page 411 of Delaware County Will Records Vol. 8 1887-1890]



411

Margaret E. Scott's Will

according to law of the pending of said proceedings

James Downing

The foregoing application was signed in my presence and sworn to

before me, this 13th day of November A.D.1889.

N.F. Overturf

{Seal} Probate Judge


I, the undersigned, one of the next of kin of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will.

Dated this 13th day of NovemberA.D.1889.

James Downing .


Notice


The State of Ohio } In Probate Court.

Delaware County.ss. }

In the Matter of the last Will and Testament

of Margaret E. Scott, deceased.

To James Downing:

You are hereby commanded to notify

James Scott- Mariah Curtis- Henry Downing. Elizabeth

E. Deppen - Harriet Reiner - Margaret J. Darst - Es=

=ter A. Ashbrook. that on the 13th day of November A.

D.1889. an instrument of writing, purporting to be the last

Will and Testament of Margaret E. Scott, late of Troy

Township, in said County - deceased, was produced in said

Court, and an application to admit the same to probate was

on the same day made in said Court. Said application

will be for hearing before this Court on the 19th day of No=

=vember A.D. 1889. at 10 o'clock A.M.

Witness my hand and the seal of

said Probate Court, at Delaware, Ohio, this 13th day of

November A.D .1889.

N.F.Overturf

{Seal} Probate Judge.


Proof of Service.

The State of Ohio

Delaware County.ss. James Downing being duly sworn,

says that on the 13th 14th & 16th days of

November A.D. 1889, he served the within notice by delivering

a true copy thereof to the within named James Scott - Ma=

=riah Curtis - Henry Downing - Elizabeth E. Deppen_ Har:

:riet Reiner - Margaret J. Darst. and Ester A. Ashbrook.

James Downing

Subscribed in my presence and sworn to before me this 14th day of

November A.D. 1889.

N.F. Overturf. Probate Judge

{Seal}

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 478)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 478)

Description

[page 478]

[corresponds to page 412 of Delaware County Will Records Vol. 8 1887-1890]

412

Margaret E. Scott's Will

Testimony of Witnesses.

In Probate Court } In the Matter of proving the last Will and

Delaware County. Ohio. } Testament of Margaret E. Scott. deceased.


The State of Ohio }

Delaware County.ss. } W. P. Harmon, being duly sworn and exam=

=ined as a witness in the above entitled mat=

=ter, says: I was present at the execution of the instrument now

shown to me, bearing date the 2rd day of April A.D. 1889. and

offered for probate as the last Will and Testament of Margaret E.

Scott, late of Troy Township, in said County of Delaware, deceas_

=ed, and saw the said Margaret E. Scott, now deceased sign and

seal said instrument; and I, thereupon, at her request, and in

her presence, subscribed my name to the same as a witness.

The said decedent, at the time of making, signing and sealing said

instrument, was of full age, of sound mind and memory, and not

under any restraint.

W.P.Harmon.

Sworn to and subscribed by said witness in open Court this

19th day of November A.D.1889.

N.F. Overturf

{Seal} Probate Judge


The State of Ohio

Delaware County.ss. W.F. Galleher, being duly sworn and

examined as a witness in the above entitled

matter, says: I was present at the execution of the instrument

now shown to me, bearing date the 23rd day of April A.D.1889,

and offered for probate as the last Will and Testament of

Margaret E. Scott, late of Troy Township, in said County of

Delaware, deceased, and saw the said Margaret E. Scott, now

deceased, sign and seal said instrument, and heard her acknowl:

=edge the same to be her last Will and Testament; and I,

thereupon, at her request, and in her presence, subscribed my name

to the same as a witness. The said decedent, at the time of

making, signing and sealing said instrument, was of full age,

of sound mind and memory, and not under any restraint.

W.F. Galleher

Sworn to and subscribed by said witness in open Court, this

19th day of November A.D. 1889.

N.F Overturf

Probate Judge

{Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 479)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 479)

Description

[page 479]

[corresponds to page 413 of Delaware County Will Records Vol. 8 1887-1890]





413

Margaret E. Scott's Will

Journal Entry

November. 19 1889.

In the Matter of the Will of }

Margaret E. Scott, deceased. }

Be it remembered, that heretofore,

to-wit: on the 13th day of November A.D.1889, an instrument

of writing, purporting to be the last Will and Testament of

Margaret E. Scott, late of Troy Township in this County. de:

:ceased, was produced in open Court for probate, and was then

filed. And, it now being shown to the satisfaction of the Court

that due notice of the filing of said Will, and of the application

to admit the same to probate and record in this Court, has been

given to James Scott, her widower, and Mariah Curtis - Hen=

=ry Downing. Elizabeth E. Deppen -Harriet Reiner- Mar=

=garet J. Darst and Ester A. Ashbrook (James Downing

having waived Notice) next of kin of the Testatrix, resident

of the State of Ohio, pursuant to a former order of this court;

therefore, on this day came W. P Harmon and W. F. Gal=

=leher the subscribing witnesses to said Will, who being duly

sworn, testified to the due execution and attestation of said

Will, which testimony was reduced to writing, by them re:

=spectfully subscribed, and filed with said Will, whereupon

the Court finds that the aforesaid instrument of writing is

the last Will and Testament of said Margaret E Scott,

deceased. That the same was duly executed and attested

and that the said Testatrix, at the time of making, signing

and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Court, ordered, that the said Will be admitted to probate, and

that the same, together with the testimony of the witnesses

above named, as well as the proceedings had thereon, be en=

=tered of record in this Court.

Citation ordered and issued to James Scott, widower of

said decedent, to elect as to said Will, as required by law,

and thereupon came said James Scott, widower of

said decedent, to elect as to said Will, as required by law,

and thereupon came said James Scott and in writing ack=

=knowledged service of the within Citation, and the same is

filed

N. F. Overturf

Probate Judge.




Copy of Will


I, Margaret E. Scott of Troy Township Delaware County

Ohio do make and publish this my last Will and Testa=

=ment.

Item 1 It is my will that all my just debts and funeral expenses

be paid.

Item 2 I give give and devise to Margaret Downing daughter of

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 480)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 480)

Description

[page 480]

[corresponds to page 414 of Delaware County Will Records Vol. 8 1887-1890]

414

Margaret E. Scott's Will

James Downing my mahogany bureau.

Item 3 I give and devise to my beloved Husband James Scott

one bed and bed stead.

Item 4 I desire that all the rest and residue of my personal property be

sold and converted into money and all debts and obligations owing

to me be collected, and out of the money so received together with

any money that may be on hand at my decease. It is my

will that my just debts and funeral expenses be first paid

and if there is any part of the same left or remaining . I give

and devise said remainder to James Downing. my son.


Item 5 I give and devise to my husband James Scott to be held by

him during his natural life time and at his death I give and

devise to Samuel Downing, so of James Downing, his heirs

and assigns forever the following described real estate, to-wit:

The undivided on half of Forty-five acres of land more or less

being the farm on which I now reside Situated in Troy Town:

=ship Delaware County, Ohio. Bounded on the South by a

Township Road. West by John Morris - North by Nancy

Keifer East by James Downing & Pierce Dick.


Item 6 I do hereby nominate and appoint James Downing my

son Executor of this my last Will and Testament.

I do hereby revoke all

former wills by me made.

In Testimony hereof I have here=

=unto set my hand and seal this 23rd day of April A.D.1889.

her
Margaret X E. Scott. {Seal}
mark

Signed and acknowledged by said Margaret E. Scott as her

last Will and Testament in our presence and signed by us

in her presence.

W.P. Harmon

W.F. Galleher.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 481)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 481)

Description

[page 481]


[corresponds to page 415 of Delaware County Will Records Vol. 8 1887-1890]



415

William M. Flanegin's Will

Journal Entry.

October 16th 1889.

In the Matter of the Will of

William M. Flanegin, deceased This day, an instrument of writing,

purporting to be the last Will and

Testament of William M. Flanegin, late of Scioto Township,

in this County, deceased, was produced in open Court for pro=

=bate, on consideration whereof, it is ordered that the said Will

be filed in this Court. ~ And thereupon came Sarah Jane

Flanegin, widow of said Testator (there being no next of kin) and

in writing, waived further notice and consented to the probate of

said Will.

And it appearing to the Court that S.A.Boynton and Jas. H.

Smith the subscribing witnesses to said Will, are residents of

Cleveland, Cuyahoga County. Ohio, and are without the juris=

=diction of this Court, it is therefore ordered that a Commission

with the Will annexed, issue herein to Henry C. White, the

Probate Judge of Cuyahoga County. Ohio. directing him to

take the depositions of said subscribing witnesses and return

the same, duly certified, with all convenient speed, to this Court.

N F. Overturf

Probate Judge.



Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of Wil: } Application to admit to Probate.

:liam M. Flanegin, deceased. }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that William M. Flanegin, late a resident of the Township of

Scioto, in said County, died on or about the 9th day of October.

A.D. 1889. leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament. That the said

William M. Flanegin, died leaving Sarah Jane Flanegin

widow, and no other persons next of kin.

Your petitioner prays that a time may be fixed for the

proving of said Will.

Sarah Jane Flanegin

The foregoing application was signed in my presence and sworn

to before me, this 16th day of October A.D. 1889.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 482)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 482)

Description

[page 482]

[corresponds to page 416 of Delaware County Will Records Vol. 8 1887-1890]

416

William M. Flanegin's Will

Waiver

I, the undersigned, widow of the within named decedent, hereby

waive further notice, and consent to the probate of said Will.

Dated this 16th day of October A.D. 1889.

S.J.Flanegin.


Testimony of Witnesses to Codicil.


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court John S.

Jones and James R.Lytle, the subscribing witnesses to the Cod=

=acil to the last Will and Testament of William M. Flanegin,

late of Scioto Township, in said Delaware County, deceased;

who being duly sworn according to law, to speak the truth, the

whole truth, and nothing but the truth, in relation to the exe:

=cution of said Codacil, depose and say: That the paper before

them bearing date the 16th day of February A.D. 1875. purport:

=ing to be the Codacil to the last Will and Testament of Wil:

=liam M. Flanegin now deceased, is the Codacil to the Will

of said deceased, William M. Flanegin, that they were pres:

:ent at the execution of said Codacil, and at the request of the

Testator, respectively subscribed their names to the same as

witnesses, in his presence; that they saw the said William

M. Flanegin deceased, sign and seal said Codicil, and heard

him acknowledge the same to be his last Will and Testa:

=ment, and that the said William M. Flanegin at the

time of making, signing and sealing said Codicil, was of

full age of sound mind and memory, and not under any re:

=straint.

John S Jones

James R. Lytle.

Sworn to and subscribed by said witnesses, in open Court, this

16th day of November A.D. 1889

N.F.Overturf

Probate Judge.


Journal Entry .

November 16th 1889.

In the Matter of the Will of

William M. Flanegin, deceased. The Commission heretofore issued

to Henry C White, the Probate

Judge of Cuyahoga County. Ohio, to take the depositions of

S.A. Boynton and Jas. H Smith subscribing witnesses

to said Will, was this day returned, with the information

that neither of said witnesses could be found within his jur=

:isdiction. ~ And it now appearing to the Court that

S.A. Boynton, one of said witnesses is a resident of Ashville,

Buncombe County North Carolina- and is without the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 483)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 483)

Description

[page 483]

[corresponds to page 417 of Delaware County Will Records Vol. 8 1887-1890]



417

William M. Flanegin's Will

jurisdiction of this Court, it is thereupon ordered that a Com=

=mission, with the Will annexed, issue herein to W.B.Gwyn

of Asheville. Buncombe County. North Carolina - directing

him to take the testimony of said subscribing witness, and return

the same, according to law, with all convenient speed, to this

Court,

N.F. Overturf

Probate Judge.



Commission

To take Testimony of Witness to Will


The State of Ohio } To W.B. Gwyn. Greeting.

Delaware County.ss. }

Know Ye That we, in confident of your

prudence and fidelity, have appointed you, and by these presents

do give you full power and authority to examine and take the dep:

=osition of S.A. Boynton. one of the subscribing witnesses to the

last Will and Testament of William M.Flanegin hereto annex=

=ed, late of the County of Delaware, in the State of Ohio, de=

=ceased; and therefore we command you, that at certain days and

places appointed by you, you cause the said S.A. Boynton

to be brought before you, and then and there to examine him

on oath or affirmation first taken before you, touching the due

execution of said Will of the said William M. Flanegin, and as

to the proof of the signature of Jas. H. Smith the other subscrib=

=ing witness to said Will, and that you reduce such examin=

=ation to writing, and return the same, together with the Com:

=mission and the Will of the said William M. Flanegin there:

=to annexed, closed up under your seal, into our said Probate

Court, with all convenient speed,

In Testimony Whereof, I, N.F.

Overturf. Judge of the said Court, have hereunto set

my hand and affixed the seal of said Court, at Delaware, Ohio

this 16th day of November A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Copy of Will


In the name of the Benevolent Father of all, I, William M

Flanegin of Ostrander Delaware County, State of Ohio, do

make and publish this my last Will and Testament.


1st Item After all my just debts and all charges have been paid,

I give and bequeath to each one of my Brothers, and Sis:

=ters the sum of One hundred Dollars to be paid to them

one year after my decease. If however any of said Brothers

or Sisters should die before the above bequest is due then
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 484)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 484)

Description

[page 484]

[corresponds to page 418 of Delaware County Will Records Vol. 8 1887-1890]

418

William M. Flanegin's Will

said bequest to be devided equally between said Brothers or Sis=

=ters deceased, children, but if they have no children then this

payment to them is void.

2 Item I give and bequeath all the rest and residue of my property to

my beloved wife Sarah Jane Flanegin to be her, and hers dur=

=ing her natural life, including my real, personal, and mixed

property of every kind whatsoever.

3 Item At the death of my said wife the rest and residue of estate

aforesaid, I give and bequeath to the two boards of Foreign,

and Domestic Missions of the Presbyterian Church of the

United States.

4 Item I appoint my wife said Sarah Jane Flanegin to be Exec:

=utrix of this my last Will and Testament and I desire

that no bonds be required, or appraisement be made and

that the court of probate direct. the omission of the same in

pursuance of the statute.

William M. Flanegin [L.S].


Signed and acknowledged by said William M. Flanegin, as

his last will and testament, in our presence, and signed by us

in his presence. April. 28 1873.

S.A. Boynton. Cleveland. Ohio

Jas.H. Smith. 79 Public Square.

Cleveland. Ohio.


Whereas I William M. Flanegin on the 28th day of

April A.D. 1873 made my last will and testament of that

day as above set forth do hereby declare the following to be a

Codicil to the same. This Codicil is to make the payment

of certain bequests in the above and former will dependent on the

following conditions, viz; Whereas each one of my brothers and

sisters received of their father Jas Flannegin Sen. one hun:

dred dollars for which they gave their receipt and in the

same agreed to pay him six per cent interest from the date

thereof during his lifetime; this interest to be paid annually

Now if any of the above brothers or sisters fail to pay the above

annual interest they will have forfeited the amount bequeathed

to them in my will so far that the amount of their failure shall

be distributed from the sum willed to them and the amount of

failure shall be counted with interest at the rate of ten per cent

per annum from the time each payment of interest became due

until their fathers decease.

In witness whereof I have hereunto set my

hand and seal this 16th day of February in the year A.D. 1875.

William M. Flanegin. {Seal}

Signed and acknowledged by said William M. Flannegin as his

last will

and testament in our presence and signed by us in his presence.

John S. Jones.

James R. Lytle.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 485)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 485)

Description

[page 485]

[corresponds to page 419 of Delaware County Will Records Vol. 8 1887-1890]



419

William M. Flanegin's Will

Deposition of Witness to Will


The State of North Carolina } In the Matter of the last Will and Testament

Buncombe County.ss. } of William M. Flanegin.


Personally appeared before me W. B. Gwyn, Commissioner,

S.A. Boynton, one of the subscribing witnesses to the last Will

and Testament of William M. Flanegin, late of Scioto Township,

in said County deceased, who being by me first duly

sworn according to law, to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution of said Will

deposes and says: That he was present at the execution of the pa=

=per before him bearing date the 28th day of April A.D. 1873

purporting to be the last Will and Testament of William M. Flan=

=egin now deceased, whose name is signed at the end thereof, and

at the request of said deceased, he subscribed his name to the

same as a witness in her presence; that he saw the said Wil:

=liam M. Flanegin sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament, and

that the said William M. Flanegin at the time of making,

signing and sealing said Will, was of full age of sound mind

and memory, and not under any restraint.

S. A. Boynton

Subscribed in my presence and sworn to before me this 23rd

day of November A.D. 1889.

W. B. Gwyn.

Commissioner

The State of North Carolina }

Buncombe County.ss. }I, W .B. Gwyn, duly appointed and commis

=sioned by the Judge of the Probate Court,

of the County of Delaware and the State of Ohio, to take the testi=

=mony of S.A. Boynton one of the subscribing witnesses to the last

Will and Testament of William M. Flanegin. deceased, late a resi=

=dent of said County and State, which Commission, and the said

Will are hereto annexed, do hereby certify that in pursuance

of said Commission, I caused the above named S.A. Boynton,

subscribing witness as aforesaid to appear before me, at Asheville -

N. C. on the 23rd day of November 1889 that he was first duly

sworn by me, according to law, to speak the truth, the whole truth

and nothing but the truth; that I examined him in relation to

the execution of said Will, and reduced his testimony to writing

as above set forth in his presence and that he signed the same

in my presence, and I further certify that I am not Counsel.

Attorney, or Relative of any of the parties named in said Will

or otherwise interested in the Probate thereof.

In witness whereof I have here=

:unto set my hand, this 23rd day of November. A.D. 1889.

W.B.Gwyn

Commissioner

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 486)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 486)

Description

[page 486]

[corresponds to page 420 of Delaware County Will Records Vol. 8 1887-1890]

420

William M. Flanegin's Will

Journal Entry.

November 25th 1889.

In the Matter of the Will of

William M. Flanegin, deceased. The Commission heretofore issued

herein to take the testimony of S.A.

Boynton, one of the subscribing witnesses to the Will of William

M. Flanegin, deceased, was this day returned, duly executed, and the

same was filed herein. And the court having made diligent en:

=deavor to ascertain the residence of Jas. H. Smith, the other sub=

=scribing witness to said Will, and having failed to find any per=

son, who could identify his hand writing or signature to said will,

the same was on consideration of the court omitted, as the Codicil

to said Will refers explicitly and definitely to said Will, and its

date thereof, and John S. Jones and James R. Lytle the sub=

=scribing witnesses to the Codicil to said Will, having heretofore,

to-wit: on the 16th day of November A.D. 1889. appeared in

Court, and being duly sworn, testified to the due execution and

attestation of said Codicil to said.Will, said William

M. Flanegin. declared said Will to be his last Will and Tes:

:tament, which testimony was reduced to writing, by them respect=

=ively subscribed and filed with said Will ~ Whereupon

the Court finds from the examination of said witnesses and

from the deposition of the said S.A. Boynton, that the afore=

=said instrument of writing is the last Will and Testament

and Codicil thereto, of said William M. Flanegin, deceased.

That the same was duly executed and attested, and that the

said Testator, at the time of making, signing and sealing said

Will and Codicil thereto, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Court ordered, that the said Will and Codicil thereto be ad:

=mitted to probate, and that the same, together with the depo:

=sition and the testimony of the witnesses above named, as well

as the proceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 487)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 487)

Description

[page 487]


[corresponds to page 421 of Delaware County Will Records Vol. 8 1887-1890]



421

David R. Griffith's Will

Journal Entry

December 3rd 1889

In the Matter of the Will of

David R. Griffiths, deceased

This day, an instrument of writing,

purporting to be the last Will and Testament of David R.

Griffiths, late of Radnor Township, in this County, de=

=ceased, was produced in open Court for Probate; On considera=

=tion whereof, it is ordered that the said Will be filed in this

Court, and that due notice thereof, and of the application to

admit the same to probate and record, be given to John R.

Griffiths . Charles Burgner - George Burgner - Margaret

Burgner- Geo. M. Griffiths. Joel Griffiths_ Elizabeth

Kyle - Mattie A. Griffiths_ Evan D. Griffiths. Charles

E. Griffiths _ Maggie M. Griffiths - William L. Griffiths -

Wilbert Griffiths - Ernest Griffiths_ (Albert Griffiths

having this day in writing waived further notice and consented

to the probate of said Will.) next of kin of the Testator, resi=

=dent of the State of Ohio, that said application will be for

hearing, before this Court, on the 11th day of December. A.

D. 1889 at 11 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. ]


In the Matter of the Last }

Will and Testament of David } Application to Admit to Probate

R. Griffiths, Deceased.~

To the Hon. N.F. Overturf.

Judge of the Probate Court in and for said County:

Your petitioner respectfully rep=

:resents that David R. Griffiths, late a resident of the

Township of Radnor, in said County, died on or about the

18th day of November A.D. 1889. leaving an instrument

in writing, hereto attached, purporting to be his last Will and

Testament. That the said David R. Griffiths, said leav=

=ing no widow, and the following named persons his only next

of kin resident of the State of Ohio.


Name Degree of Kinship P.O Address.

John R. Griffiths Son Radnor. O.

Nettie Burgner Grand-child Nebraska.

Charles Burgner " " Richwood, O.

Maggie Burgner " " Nebraska.

George Burgner " " Richwood O.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 488)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 488)

Description

[page 488]

[corresponds to page 422 of Delaware County Will Records Vol. 8 1887-1890]

422

David R. Griffith's Will

Emery Burgner Grand-child Unknown.

Margaret Burgner Daughter Richwood. O.

Geo. M. Griffiths Son Radnor. O .

Joel Griffiths " " "

Elizbaeth Kyle Daughter Richwood . O

Albert Griffiths Son Radnor. O.

Mattie A. Griffiths Grand-child " "

Evan D. Griffiths " " " "

Charles E. Griffiths " " " "

Maggie M. Griffiths " " " "

William L. Griffiths " " " "

Wilbert Griffiths " " " "

Ernest Griffiths " " " "


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be noti=

=fied according to law of the pending of said proceedings.

Albert Griffiths

The foregoing application was signed in my presence and sworn

to before me, this 3rd day of December A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.




Waiver

I, the undersigned, one of the next of kin of the within named de:

=cedent hereby waive further notice, and consent to the probate of

said

Will.

Dated this 3rd day of December A.D. 1889.

Albert Griffiths


Notice.

The State of Ohio } In Probate Court.

Delaware County.ss. }

In the Matter of the last Will and Tes:

=tament of David R. Griffiths, deceased.

To Albert Griffiths:

You are hereby commanded to

notify John R. Griffiths. Charles Burgner . George Burg:

=ner - Margaret Burgner. Geo. M. Griffiths . Joel Griffiths .

Elizabeth Kyle- Mattie A. Griffiths - Evan D. Griffiths -

Charles E. Griffiths . Maggie M. Griffiths _ William L. Grif:

=fiths. Wilbert Griffiths . Ernest Griffiths ~ that on the

5th day of December A.D. 1889. an instrument of writing, pur=

=porting to be the last Will and Testament of David R. Grif=

=fiths, late of Radnor Township, in said County, deceased, was

produced in said Court, and an application to admit the same

to probate was on the same day made in said Court. Said

application will be for hearing before this Court on the 11th

day of December A.D. 1889, at 11 o'clock. A.M,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 489)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 489)

Description

[page 489]

[corresponds to page 423 of Delaware County Will Records Vol. 8 1887-1890]



423

David R. Griffith's Will

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio this 3rd day of December A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.



Proof of Service


The State of Ohio

Delaware County.ss. Albert Griffiths being duly sworn,

says that on the 5th day of December -

A.D. 1889, he served the within notice by delivering a true

copy thereof to the within named John R. Griffiths . Charles

Burgner . George Burgner- Margaret Burgner- Geo. M.

Griffiths. Joel Griffiths - Elizabeth Kyle_ Mattie A. Grif=

=fiths . Evan D. Griffiths. Charles E. Griffiths . Maggie M.

Griffiths - William L. Griffiths. Wilbert Griffiths and

Ernest Griffiths.

Albert Griffiths.

Subscribed in my presence and sworn to before me this 11th

day of December A.D. 1889.

{Seal} N.F. Overturf

Probate Judge.




Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss

Personally appeared in open Court G. E.

Hedges and Jno. A Cone the subscribing witnesses to the

last Will and Testament of David R. Griffiths, late of

Radnor Township in said Delaware County, deceased;

who being duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, in relation to the

execution of said Will, depose and say: That the paper before

them bearing date the 17th day of February A.D.1888 purport=

=ing to be the last Will and Testament of David R. Griffiths

now deceased, is the Will of said deceased David R. Griffiths

that they were present at the execution of said Will, and at

the request of the Testator, respectively subscribed their names

to the same as witnesses, in his presence; that they saw the

said David R. Griffiths deceased sign and seal said Will,

and heard him acknowledge the same to be his last Will and

Testament, and that the said David R. Griffiths at the

time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

G.E. Hedges

Jno. A Cone.

Sworn to and subscribed by said witnesses, in open Court,

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 490)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 490)

Description

[page 490]

[corresponds to page 424 of Delaware County Will Records Vol. 8 1887-1890]

424

David R. Griffith's Will

this 11th day of December A.D. 1889.

N.F. Overturf

{Seal} Probate Judge



Journal Entry .

December 11th 1889.

In the Matter of the Will of }

David R. Griffiths,deceased. } Be it remembered, that heretofore, to-wit:

on the 3rd day of December.A.D.1889.

an instrument of writing, purporting to be the last Will and Testa=

=ment of David R. Griffiths, late of Radnor Township, in this

County, deceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction of the

Court that due notice of the filing of said Will, and of the appli=

=cation to admit the same to probate and record in this Court has

been given to John R. Griffiths _ Charles Burgner_ George

Burgner- Margaret Burgner- Geo. M. Griffiths- Joel Griffith-

Elizabeth Kyle- Mattie A. Griffiths_ Evan D. Griffiths- Charles

E. Griffiths - Maggie M. Griffiths - William L. Griffiths Wilbert

Griffiths and Ernest Griffiths - (Albert Griffiths having waived

Notice) next of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this Court; therefore, on this day

came G.E. Hedges and Jno. A. Cone, the subscribing witnesses

to said Will, who being duly sworn, testified to the due execu=

=tion and attestation of said Will, which testimony was reduced

to writing, by them respectively subscribed, and filed with said

Will, whereupon the court finds that the aforesaid instrument

of writing is the last Will and Testament of said David R. Grif:

=fiths, deceased. That the same was duly executed and attested;

and that the said Testator, at the time of making, signing

and sealing said Will, was of full age, of sound mind and memory,

and not under any restraint. It is, therefore, by the Court or=

=dered, that the said Will be admitted to probate, and that the

same together with the testimony of the witnesses above named,

as well as the proceedings had thereon, be entered of record in this

Court.

N.F. Overturf

Probate Judge.



Copy of Will


In the name of the Benevolent Father of All, Amen. I,

David R. Griffiths, of sound and disposing mind and memory, and

knowing the uncertainty of human life and wishing to arrange

my worldly affairs, while I am living, do make and publish

the following as my last Will and Testament:

Item 1 I direct that all my just debts, the expenses of my last

sickness and funeral expenses, and the necessary expenses of

settling my estate, be paid out of my personal estate.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 491)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 491)

Description

[page 491]


[corresponds to page 425 of Delaware County Will Records Vol. 8 1887-1890]



425

David R. Griffith's Will

Item 2nd I give and bequeath to my three sons, Joel. George and Albert

my household and kitchen furniture, carpets, bed and bedding (but not in=

=cluding the Sewing Machine) to be shared by them equally.

Item 3rd I give and bequeath to my Grand-daughter, Allie Watkins my

Sewing Machine.

Item 4th I will and direct that the remainder of my personal property af=

=ter the payment of my debts, and the expenses etc as directed in

the first item of this will, and the specific legacies bequeathed in

the 2nd and 3rd items of this will shall be equally divided among those

of my children who may be living at the time of my decease

Item 5th I give devise and bequeath to my three sons, Joel Griffiths,

George Griffiths and Albert Griffiths my two farms, situated in

Radnor Township Delaware County_ Ohio. the one, being about

Ninety eight Acres known as and called the Taylor Griffith's

Farm, the said farms to go to my said three sons share and share

alike, as tenants in common; and said bequest of said farms to my

said three sons is subject to the payment of One Thousand Dol=

=lars ($1000) to each of my following named children, to-wit: John R.

Griffiths. William H. Griffiths. Margaret Burgner and Elizabeth

Kyle_ and also the further payment of Two Hundred Dollars ($200)

to my said Grand daughter Alice Watkins; and also the sum of

One Hundred Dollars ($100) to be paid to each of the five children

of my deceased daughter Mary Burgner who may be living at the

time of my decease, and said several sums so directed to be paid by

this item of this will, shall be a charge and encumbrance on the said

farms until paid, and shall become due and payable in one year from

and after my decease, without interest:

Item 6th I hereby request my beloved children who may survive me, that

they by mutual consent and agreement make a fair-just and equita-

=ble division of the personal property bequeathed to them in the 4 item

of this Will, or the proceeds thereof after converting the same into

money, and avoid the expense of administration, and in case of such

agreement by my said children, I hereby request the Probate

Court to consent thereto and that there be no administration on my

said Estate and no further proceedings by said Court under this

Will than to duly admit the same to probate and record.

I hereby revoke all former wills heretofore made by me, and declare

the foregoing to be my last Will and Testament.

Witness my signature and seal, this

17th day of February in the year of our Lord One Thousand Eight

Hundred & Eighty Eight.
his
David R. X Griffiths. {seal}
mark

Signed by the said David R. Griffiths in our presence, and by him

declared to be his last Will and Testament in our hearing and signed by us

as witnesses thereto at his request and in his presence and in the presence

of each other on said 17th day of February A.D. 1888.

G.E. Hedges.

Jno. A. Cone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 492)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 492)

Description

[page 492]

[corresponds to page 426 of Delaware County Will Records Vol. 8 1887-1890]

426

Cornelia Potter's Will

Journal Entry.

December 11th 1889.

In the Matter of the Will }

of Cornelia Potter,deceased. }

This day, an instrument of writing,

purporting to be the last Will and Testament of Cornelia

Potter, late of Brown Township, in this County, deceased,

was produced in open Court for Probate; On consideration

whereof, it is ordered that the said Will be filed in this Court,

and that due notice thereof, and of the application to admit the

same to probate and record, be given to Israel Potter - Louisa

Riley - Fidelia Philips- Charles E. Longwell - Harry E. Long =

=well. Erskine H. Potter _ Lyman Potter, next of kin of the

Testator, resident of the State of Ohio - that said application

will be for hearing before this Court on the 17th day of Decem=

=ber. A.D.1889 at 1 o'clock P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss }


In the Matter of the Last }

Will and Testament of Cor= } Application to Admit to Probate .

=nelia Potter _ deceased. ~ }

To the Hon. N.F. Overturf -

Judge of the Probate Court in and for said County.

Your petitioner respectfully represents

that Cornelia Potter, late a resident of the Township of Brown,

in said County, died on or about the 2nd day of Dec. A.D. 1889.

leaving an instrument in writing, hereto attached, purporting to be

her last Will and Testament; That the said Cornelia Pot=

=ter, died leaving no relick and the following named persons her

only next of kin resident of the State of Ohio:



Name Degree of Kinship P.O. Address

Israel Potter Brother Leonardsburg. O.

Louisa Riley Sister Ashley . O.

Fidelia Philips " Pagetown. O.

Charles O. Longwell Grand-Nephew Stantontown. O.

Harry E. Longwell " " Leonardsburg. O.

Erskine H. Potter Nephew Toledo. Ohio

Mary Keating Niece Kansas.

Frank Potter Nephew Iowa.

Mary Vanderpool Niece Kans.

Laura E. Dermond Niece Holy ohe. Colorado.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 493)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 493)

Description

[page 493]

[corresponds to page 427 of Delaware County Will Records Vol. 8 1887-1890]



427

Cornelia Potter's Will

Lyman Potter. } Brother. } Leonardsburg O.

Charles Benton } Nephew. }


Your petitioner prays that a time may be fixed for the

proving of said Will, and that said above named persons

may be notified according to law of the pending of said proceed=

=ings.

Clarence G. Potter.

The foregoing application was signed in my presence and sworn

to before me this 11th day of December A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Notice


The State of Ohio } In Probate Court.

Delaware County.ss. }

In the matter of the last Will and

Testament of Cornelia Potter, deceased.

To Clarence G. Potter:

You are hereby commanded to notify Israel Potter - Lou:

=isa Riley - Fidelia Philips - Charles E. Longwell -

Harry E. Longwell_ Erskine H. Potter - Lyman Potter

that on the 11th day of December A.D. 1889 an instrument

of writing, purporting to be the last Will and Testament of

Cornelia Potter, late of Brown Township, in said County -

deceased, was produced in said Court, and an application to

admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this

Court on the 17th day of December A.D. 1889 at 1 o'clock

P.M.

Witness my hand, and the seal of said Probate Court,

at Delaware. Ohio, this 11th day of December A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Proof of Service.


The State of Ohio

Delaware County.ss. Clarence G. Potter - being duly sworn,

says that on the 11. 12. & 13 days of Decem=

=ber A.D. 1889 he served the within notice by delivering a true copy

thereofkine Potter and Lyman Potter.

Clarence G. Potter .

Subscribed in my presence and sworn to before me this 17th day of De=

=cember A.D. 1889.

{Seal} N.F. Overturf. Probate Judge.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 494)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 494)

Description

[page 494]

[corresponds to page 428 of Delaware County Will Records Vol. 8 1887-1890]

428

Cornelia Potter's Will


The State of Ohio } In Probate Court.

Delaware County.ss. }

Personally appeared in open Court,

Solomon Shoemaker and Hannah Shoemaker, the subscrib=

=ing witnesses to the last Will and Testament of Cornelia Pot:

=ter, late of Brown Township in said Delaware County, de=

=ceased; who being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth , in re=

=lation to the execution of said Will, depose and say: That

the paper before them bearing date the 7th day of January.

A.D. 1889 purporting to be the last Will and Testament

of Cornelia Potter, now deceased, is the Will of said de=

=ceased Cornelia Potter, that they were present at the execu=

=tion of said Will, and at the request of the Testatrix, re=

=spectively subscribed their names to the same as witnesses,

in her presence; that they saw the said Cornelia Potter

deceased sign and seal said Will, and heard her acknowledge

the same to be her last Will and Testament, and that

the said Cornelia Potter at the time of making, signing

and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

Solomon Shoemaker

Hannah Shoemaker.

Sworn to and subscribed by said witnesses, in open Court,

this 17th day of December A.D. 1889.

N.F. Overturf

Probate Judge.



Journal Entry .

December 17th 1889.

In the Matter of the Will

of Cornelia Potter, deceased. Be it remembered, that heretofore,

to-wit: on the 11th day of December.

A.D.1889. an instrument of writing, purporting to be the last

Will and Testament of Cornelia Potter, late of Brown Town=

=ship, in this County deceased, was produced in open Court

for probate, and was then filed. And, it now being shown to the

satisfaction of the Court, that due notice of the filing of

said Will and of the application to admit the same to pro=

=bate and record in this Court, has been given to Israel

Potter- Louisa Riley- Fidelia Philips - Charles E. Long =

=well. Harry E. Longwell- Erskine H. Potter- Lyman

Potter, next of kin of the Testatrix, resident of the State of

Ohio, pursuant to a former order of this Court; therefore, on

this day came Solomon Shoemaker and Hannah Shoemaker

the subscribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said Will.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 495)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 495)

Description

[page 495]

[corresponds to page 429 of Delaware County Will Records Vol. 8 1887-1890]



429

Cornelia Potter's Will

Which testimony was reduced to writing, by them respectively

subscribed, and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said Cornelia Potter, deceased.

That the same was duly executed and attested; and that the

said Testatrix, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and

not under any restraint. It is, therefore, by the Court or=

=dered, that the said Will be admitted to probate - and that

the same, together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered of

record in this Court.

N.F. Overturf

Probate Judge.



Copy of Will


I, Cornelia Potter, an unmarried woman now residing in

Delaware County in the State of Ohio, do hereby make

my last Will and Testament by which I direct: ~

First:~ That all my just debts be paid out of the proceeds of my

estate.

Second:~ That my following named brothers and sisters to-wit: Ly=

=man Potter - Louisa P. Riley - and Fidelia Phlips each

have such share of my estate as they each would have, under

the laws of Ohio, at the time of my death if I had made no

Will. and I give and bequeath the same to them.

Third:~ That my nieces Lucy E and Helen E. Potter, daughters of

my brother Lyman, have such share of my estate as in the

absence of any will, would have fallen to the descendant of my

deceased sister Ursula Eaton; to be shared equally by my

said nieces; and I give and bequeath the same to them.

Fourth:~ That my said nieces Lucy E. Potter and Helen E Potter

and my nephew Clarence G. Potter, all children of my brother

Lyman, have such share of my Estate as in the absence of

any Will, would have fallen to my brother Israel or his

heirs to be shared equally by said Lucy E. Helen E. and

Clarence G. Potter and I give and bequeath the same to

them, the intention being that my said brother Israel Potter

and his heirs shall have no part of my estate, he being

already well supplied with this worlds goods.

Fifth:~ That my nephews Erskine H. Potter and Frank Pot=

=ter and my niece Mary E. Keating all children of my

brother Amos. Potter, have such share of my estate as

would, in the absence of any Will, have fallen to the heirs

of my said brother Amos to be shared eaqually by them, and

I give and bequeath the same to them.

Sixth:~ That my nieces Laura NB. Dermond and Mary Vanderpool


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 496)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 496)

Description

[page 496]

[corresponds to page 430 of Delaware County Will Records Vol. 8 1887-1890]

430

Cornelia Potter's Will

daughters of my deceased sister Sophronia Benton have

such share of my estate as would in the absence of any Will

have fallen to the heirs of my said deceased sister Sophronia ,

to be shared equally by them and I give and bequeath the

same to them; the intention being to exclude their brother

Charles Benton, who is liberally pensioned by the Government.

Seventh:~ It is my Will that in case of the death, prior to my

death, of any of the devisees named in this Will, the share

of my estate which I have herein devised to such devisee shall

become at my death, the property of his or her heirs in such

shares as they would have received it had such devisees sur=

=vived me and died in possession of the property.

Eighth:~` I hereby select to be the Executrix and Executor of this

Will my niece Lucy E. Potter & my nephew Clarence G.

Potter and request the proper court to appoint them as such

Executrix & Executor.

Ninth:~ I hereby revoke all former wills made by me.

Signed at Ashley, Ohio, this 7th

day of January 1889.

Cornelia Potter.

The above Will was this 7th day of January 1889 at Ash=

=ley. Ohio, signed by Cornelia Potter in our presence and

declared by her to be her last Will and Testament, and at

her request and in her presence and in the presence of each

other we sign our names hereto as witnesses.

Solomon Shoemaker

Hannah Shoemaker.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 497)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 497)

Description

[page 497]

[corresponds to page 431 of Delaware County Will Records Vol. 8 1887-1890]



431

Sallie Welch' Will

4618 Journal Entry

December. 14th 1889.

In the Matter of the Will }

of Sallie Welch. deceased. } This day, an instrument of writing,

purporting to be the last Will and

Testament of Sallie Welch, late of Delaware City , in

this County deceased, was produced in open Court for Probate;

On consideration whereof, it is ordered that the said Will be

filed in this Court, And thereupon came Lurietta Welch -

Ralph R. Welch - Henry A. Welch - Edward Welch -

Fannie S. Welch - Louie Welch - Philena B. Tallman -

Lucy P. Welch and Calvin Welch next of kin of the Tes=

=tatrix, and in writing, waived further notice and consented to

the probate of said Will - it is therefore ordered that due no=

=tice of the filing of said Will, and of the application to admit

the same to probate and record, be given to William O. Welch -

Priscilla Littell- L.G. Peet - William Peet and Mary

Hendricks next of kin of the Testatrix, resident of the

State of Ohio, that said application will be for hearing before

this Court on the 24th day of December. A.D. 1889. at 9

o'clock A.M.

N.F. Overturf

Probate Judge.



Waiver

We the undersigned next of kin of the within named dece=

=dent hereby waive further notice, and consent to the probate

of said Will.

Dated Dec 14, 1889.

Henry A. Welch.

Ralph R. Welch. Edward Welch.

Lucy P. Welch Fannie S. Welch.

Calvin Welch Louie Welch.

Lurietta Welch. Philena B. Tallman.




Application to Probate Will


In the Probate Court_ Delaware County. Ohio.


In the Matter of the Will of }

Sallie Welch - deceased. } To the Honorable the Judge

of said Court.

And now comes Lurietta

Welch and produced for admission to Probate in said Court

the last Will and Testament of Sallie Welch, late a

resident of the City of Delaware in said County, who died

on the 8 day of October, A.D. 1889.

Said Testatrix died leaving no widower, and the following
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 498)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 498)

Description

[page 498]

[corresponds to page 432 of Delaware County Will Records Vol. 8 1887-1890]

432

Sallie Welch Will

named persons, all of her next of kin resident in the State of

Ohio.


Name Degree of Kinship P.O. Address

Lurietta Welch. Sister Delaware Ohio

William Welch. Nephew Columbus. O.

Philena B. Tallman Niece Delaware Ohio

Henry A. Welch Nephew " "

Ralph R. Welch " " "

Edward Welch " " "

Tammie S. Welch Niece " "

Louie Welch Nephew " "

Dr Calvin Welch " " "

Lucy Welch Niece " "

Priscilla Littell " Kenton. Ohio .

L.G. Peet Nephew Richwood . Ohio

William Peet "

Mary Hendricks Niece Delaware. O.


The State of Ohio }

Delaware County.ss } The above named Lurietta Welch

being first duly sworn, says the state=

=ments of the foregoing application are true as she verily be=

=lieves.
her
Lurietta X Welch.
mark


Sworn to before me and subscribed in my presence this 6th day

of Dec. A.D. 1889.

Witness N.F. Overturf

H.A. Welch Probate Judge

N.F. Overturf.


Notice.


The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and

Testament of Sallie Welch, deceased.

To Henry Welch.

You are hereby commanded

to notify William O Welch. Priscilla Littell . L.G.

Peet. William Peet. Mary Hendricks that on the 14th

day of December. A.D. 1889. an instrument of writing pur=

=porting to be the last Will and Testament of Sallie Welch

late of Delaware City, in said County, deceased, was produced

in said Court, and an application to admit the same to pro=

=bate was on the same day made in said Court. Said appli=

=cation will be for hearing before this Court on the 4th day of

December A.D. 1889 at 9 o'clock A.M,
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 499)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 499)

Description

[page 499]

[corresponds to page 433 of Delaware County Will Records Vol. 8 1887-1890]



433

Sallie Welch' Will

Witness my hand and the seal of said Probate Court,

at Delaware, Ohio, this 14th day of December A.D. 1889

N.F. Overturf

{Seal} Probate Judge


Proof of Service .


The State of Ohio }

Delaware County.ss. } Henry A. Welch, being duly sworn,

says that on the 19 day of Dec. A.D.

1889, he served the within notice by delivering a true copy

thereof to the within named William O. Welch - Priscilla

Littell - L.G. Peet - William Peet . Mary Hendricks -

Henry A. Welch.

Subscribed in my presence and sworn to before me this 24

day of December. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.


Testimony of Witnesss


In Probate Court ~ } In the Matter of proving the last Will and

Delaware County, Ohio } Testament of Sallie Welch. Deceased.


The State of Ohio }

Delaware County.ss } Ida Shur Welch, being duly sworn

and examined as a witness in the above

entitled matter, says; I was present at the execution of the

instrument now shown to me, bearing date the 22nd day of Ap=

=ril. A.D. 1873, and offered for probate as the last Will and

Testament of Sallie Welch, late of Delaware City, in

said County of Delaware, deceased, and saw the said Sallie

Welch, now deceased sign and seal said instrument, and heard

her acknowledge the same to be her last Will and Testament,

and I, thereupon, at her request, and in her presence, subscribed

my name to the same as a witness. The said decedent, at

the time of making, signing and sealing said instrument,

was of full age, of sound mind and memory, and not under any

restraint.

Ida Shur Welch.

Sworn to and subscribed by said witness in open Court. this 24th day

of December A.D. 1889.

N.F. Overturf

{Seal} Probate Judge


Proof of Signature of Witness to Will

The State of Ohio }

Delaware County.ss } J. L. Thurston and W. H. Cutler being duly
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 500)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 500)

Description

[page 500]

[corresponds to page 434 of Delaware County Will Records Vol. 8 1887-1890]

434

Sallie Welch Will

sworn, say that they were well acquainted with A.R. Gould, who

is now deceased, that they were well acquainted with the hand

writing of the said A.R. Gould, having often seen him write, that

the signature A.R. Gould, as subscribing witness to the last

Will and Testament of Sallie Welch, deceased, is in the own

proper hand writing and signature of the said A.R. Gould, who

at the date of said Will was in full life, and resided in Dela=

=ware, in said County.

J. L. Thurston

W. H. Cutler

Sworn to before me and subscribed in my presence, this 24th day

of December. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge.


Journal Entry.

December 24 1889.

In the Matter of the Will of }

Sallie Welch, deceased. } Be it remembered, that heretofore, to=

=wit, on the 14th day of December. A.

D.1889. an instrument of writing, purporting to be the last Will and

Testament of Sallie Welch, late of Delaware City, in this

County, deceased, was produced in open Court for probate, and was

then filed. And, it now being show to the satisfaction of the

Court, that due notice of the filing of said Will, and of the ap=

=plication to admit the same to probate and record in this Court,

has been given to William O. Welch. Priscilla Littell -

L.G. Peet. William Peet. Mary Hendricks (Lurietta

Welch. Henry A. Welch. Edward Welch. Fannie S. Welch -

Louie Welch - and Philena B. Tallman having waived Notice)

next of kin of the Testatrix, resident of the State of Ohio, pur=

=suant to a former order of this Court; therefore, on this day

came Ida Shur Welch one of the subscribing witnesses to

said Will, who being duly sworn testified to the due execution

and attestation of said Will, which testimony was reduced to

writing, by her subscribed , and filed with said Will.

And it appearing that A.R. Gould the other subscribing

witness to said Will is now deceased, thereupon J .L. Thurston

and W. H. Cutler appeared in open Court, and were duly sworn and

examined according to law touching the genuineness of the signa=

=ture of said A.R. Gould, attached to said Will, and their testi=

=mony thereon was reduced to writing and filed. ~ Whereupon

the court finds that the aforesaid instrument of writing is the

last Will and Testament of said Sallie Welch, deceased.

That the same was duly executed and attested; and that the

said Testatrix, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint. It is, therefore, by the Court ordered, that the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 501)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 501)

Description

[page 501]

[corresponds to page 435 of Delaware County Will Records Vol. 8 1887-1890]


435

Sallie Welch Will

said Will be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as well as the

proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will

In the name of the Benevolent Father of all I Sallie Welch

of the Village of Delaware in the County of Delaware State of

Ohio, being of lawful age and of sound mind & memory. do make

& publish this my last will & testament, hereby revoking & declaring

null & void all other last Will & Testaments or writings in

the nature of last Wills & Testaments heretofore by me made

or executed.

Item 1:- I desire that at my decease, my Executrix, hereinafter named

shall pay and discharge all my funeral expenses and expenses in=

=cident thereto, and also all my just debts including any and all

expense that may attend the settlement of my estate.

Item 2:- I devise & bequeath to my sister Lurietta Welch all the

Real Estate of which I may be the owner or in which I may have

an interest at the time of my decease. To have and to hold the

same to her the said Lurietta & to her heirs and assigns forever,

and also to my said sister Lurietta all my personal estate, in=

=cluding household furniture & goods, money, notes for money, bonds,

mortgages, stocks, & in fact all the personal property of which I may

be the owner or in which I may have an interest at the time of

my decease, and further I desire that my said sister Lurietta

shall have not only all the Real & Personal property of which I

may be in possession at the time of my decease, but also of any + all

the Real or personal property of which I may be in expectancy

by bequest or from any source whatever, that would have in any

manner come to me had I not died.

Item 3 ~ I nominate + appoint my said sister Lurietta Welch Exe=

=utrix of this my last Will + Testament, and desire that she

shall not be required to give bond + that there be no appraise=

=ment of my personal property.

In witness whereof I hereunto set my hand +

seal this 22nd day of April A.D. 1873.

Sallie Welch. {Seal}


Executed, signed, seal + acknowledged by the said Sallie

Welch as her last Will + testament in our presence, and

at her request signed by us in her presence + in the presence

of each other as witnesses thereto, on the day + at the date last

above written.

A.R. Gould {Seal}

Witnesses } Ida Shur. {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 502)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 502)

Description

[page 502]

[corresponds to page 436 of Delaware County Will Records Vol. 8 1887-1890]

436

Joel B Wood Will

4 6 17 Journal Entry

December 24 1889.

In the Matter of the Will }

of Joel B. Wood, deceased. } This day, an instrument of writing,

purporting to be the last Will and

Testament of Joel B. Wood, late of Delaware City, in

this County, deceased, was produced in open Court for Probate.

On consideration whereof, it is ordered that the said Will

be filed in this Court. And thereupon came Amanda

M. Wood, widow, and Augusta Wood. Jay W. Leeper. and

Emma T Bland next of kin of the Testator, resident of

the State of Ohio, and in writing, waived further notice and

consented to the probate of said Will, and thereupon came

Rebecca B. Vail and Lydia M. Bushfield the sub=

=scribing witnesses to said Will, who being duly sworn, testified

to the due execution and attestation of said Will, which tes=

=timony was reduced to writing, by them respectively subscribed,

and filed with said Will, whereupon the Court finds that

the aforesaid instrument of writing is the last Will and Tes=

=tament of said Joel B. Wood, deceased. That the same

was duly executed and attested; and that the said Testator,

at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any re=

=straint. It is, therefore, by the Court ordered, that the said

Will be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as well as

the proceedings had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge


Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of Joel } Application to Admit to Probate.

B. Wood - Deceased ~ }

To the Hon. N.F. Overturf

Judge of the Probate Court in and for said County.

Your petitioner respectfully represents that Joel

B. Wood, late of resident of the Township of Delaware, in

said County, died on or about the 16th day of November. A.

D.1889 leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament:

That the said Joel B. Wood died leaving Amanda M.

Wood, widow, and the following named persons his only next

of kin resident of the State of Ohio:

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 503)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 503)

Description

[page 503]


[corresponds to page 437 of Delaware County Will Records Vol. 8 1887-1890]



437

Joel B. Wood's Will

Name Degree of Kinship P.O. Address

James W. Leeper Grand - son Delaware, O

Emma F Bland Daughter Girls Ind. Home. O.

Augusta A. Wood " Delaware O.


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be

notified according to law of the pending of said proceedings

Amanda M. Wood

The foregoing application was signed in my presence and

sworn to before me, this 24th day of December A.D. 1889.

N.F. Overturf

Probate Judge .



Waiver

We, the undersigned widow & next of kin of the within

named decedent, hereby waive further notice, and consent to

the probate of said Will.

Dated this 16th day of December A.D. 1889.

Amanda M. Wood. Jay W. Leeper

Augusta Wood. Emma F. Bland .




Probate of Will



The State of Ohio } In Probate Court

Delaware County.ss }

Personally appeared in open Court

Rebecca B. Vail and Lidia M. Bushfield, the subscribing

witnesses to the last Will and Testament of Joel B. Wood

late of Delaware Township in said Delaware County de=

=ceased, who being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth, in relation

to the execution of said Will, depose and say: That the paper

before them bearing date the 27 day of August A.D. 1884.

purporting to be the last Will and Testament of Joel B.

Wood, now deceased, is the Will of said deceased, Joel B.

Wood, that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed their

names to the same as witnesses, in his presence; that they

saw the said Joel B. Wood deceased sign and seal said

Will, and heard him acknowledge the same to be his last

Will and Testament, and that the said Joel B. Wood at

the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any

restraint.

Rebecca B. Vail

Lydia M. Bushfield.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 504)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 504)

Description

[page 504]

[corresponds to page 438 of Delaware County Will Records Vol. 8 1887-1890]

438

Joel B. Woods Estate.

Sworn to and subscribed by said witnesses, in open Court, this

24 day of Dec. A.D. 1889.

N.F. Overturf

{Seal} Probate Judge



Copy of Will


On this twenty seventh day of August 1884. I Joel B.

Wood of the City of Delaware and State of Ohio and of the

age of seventy two years and being of sound mind and memory

do make publish and declare this my last Will and Testa=

=ment in the manner follows, that is to say,

First of all I do hereby give and bequeath to my wife A=

=manda M. Wood all of my property both personal and real

estate with the power and rite to transfer sell or dispose of

as she may feel disposed to do and at the decease of A.M.

Wood I do hereby give and bequeath to Emma F. Bland

the House and Lot by her paying to Mary M. Sackett Fif=

=ty Dollars $50. also to Thressa J. Wood $50. Fifty Dol=

=lars and if Augusta is living to pay her $100, One Hundred

Dollars. We give this to Emmy G Bland for support,

us during our natural lives and I also give J. W. Leep=

=er my silver watch after we are done with it and I

also appoint my wife as Administratrix of my last will

and testament on this the twenty seventh day of August

1884.


The instrument on the sheet above was at the date thereof

sealed published and declared by the said Joel B. Wood for

his last Will and Testament in present of us who at his

request and in his presence and in the presence of each other

have subscribed our names as witnesses thereto or to the

instrument on the sheet above this was the date thereof de=

=livered to us by Joel B Wood the Testator therein men=

=tioned to be his Last Will and Testament and he at the

same time acknowledged to us and each of us that he had

signed and sealed the same and we therefore at his request

and in his presence and in the presence of each other do sign

our names thereto as witnesses.

Joel B Wood.

Rebecca B Vail

Lydia M Bushfield
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 505)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 505)

Description

[page 505]

[corresponds to page 439 of Delaware County Will Records Vol. 8 1887-1890]



439

Thomas G. Miller's Will

Journal Entry.

December 24th 1889.

In the Matter of the Will of }

Thomas G. Miller= deceased; } This day, an instrument of writing,

purporting to be the last Will and

Testament of Thomas G. Miller, late of Delaware City, in

this County, deceased, was produced in open Court for probate.

On consideration whereof, it is ordered that the said Will

be filed in this Court. ~ And thereupon came Rebecca

H. Miller and Margaret M. Stevens, widow and only next

of kin of said Testator, resident of the State of Ohio, and

in writing, waived further notice and consented to the probate

of said Will. And thereupon came J.F. Curren and

J. Hipple the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attestation of

said Will. Which testimony was reduced to writing, by them

respectively subscribed, and filed with said Will, whereupon

the court finds that the aforesaid instrument of writing is the

last Will and Testament of said Thomas G. Miller, de=

=ceased. That the same was duly executed and attested, and

that the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and memory,

and not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses above

named, as well as the proceedings had thereon, be entered of

record in this Court.

Citation ordered and issued to Rebecca H. Miller, widow

of said decedent to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge





Application for Probate of Will.


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate.

Thomas G. Miller - deceased. }

To the Hon. N.F. Overturf.

Judge of the Probate Court in and for said Court:

Your petitioner respectfully rep=

=resents that Thomas G. Miller, late a resident of the

Township of Delaware & City of Delaware in said County

died on or about the 19th day of December A.D. 1889 leaving

an instrument in writing, hereto attached. purporting to be

his last Will and Testament: That the said Thomas G.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 506)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 506)

Description

[page 506]

[corresponds to page 440 of Delaware County Will Records Vol. 8 1887-1890]

440

Thomas G. Miller's Estate.

Miller died leaving Rebecca H. Miller, widow, and the fol=

=lowing named persons his only next of kin resident of the

State of Ohio.

Margaret M. Stevens Daughter. Delaware. O.


Your petitioner prays that a time may be fixed for the prov=

=ing of said Will, and that said above named persons may

be notified according to law of the pending of said proceedings.

Margaret M. Stevens.

The foregoing application was signed in my presence and sworn

to before me, this 24th day of December A.D. 1889.

N.F. Overturf

{Seal} Probate Judge





Waiver

We, the undersigned, widow & daughters of the within named

decedent, hereby waive further notice, and consent to the probate

of said Will.

Dated this 24th day of December A.D. 1889.

Rebecca H. Miller

Margaret M. Stevens.




Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss }

Personally appeared in open Court,

J.F. Curren and J. Hipple the subscribing witnesses

to the last Will and Testament of Thomas G. Miller

late of Delaware City & Township in said Delaware Coun=

=ty, deceased; who being duly sworn according to law, to speak

the truth, the whole truth, and nothing but the truth, in

relation to the execution of said Will, depose and say: That

the paper before them bearing date the 16th day of October A.

D. 1885, purporting to be the last Will and Testament of Thom=

=as G. Miller now deceased, is the Will of said deceased,

Thomas G. Miller, that they were present at the execution

of said Will, and at the request of the Testator, respective=

=ly subscribed their names to the same as witnesses, in

his presence; that they saw the said Thomas G. Miller

deceased sign and seal said Will, and heard him ac=

=knowledge the same to be his last Will and Testament;

and that the said Thomas G. Miller at the time of mak=

=ing, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

J.F. Curren

J. Hipple
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 507)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 507)

Description

[page 507]

[corresponds to page 441 of Delaware County Will Records Vol. 8 1887-1890]


441

Thomas G. Miller Will

Sworn to and subscribed to by said witnesses, in open Court

this 24th day of December A.D. 1889.

{Seal} N.F. Overturf

Probate Judge



Copy of Will


I, Thomas G. Miller of Brown Township Delaware

County, Ohio, do hereby make and publish this my Last

Will and Testament.

Item 1 It is my Will that all my just debts and funeral ex=

=penses be paid.

Item 2. I give and bequeath to my wife Rebecca Miller in trust

for my grand daughter Nellie M. Stevens Five Hundred

Dollars to be used and expended by my wife in such manner

as she sees fit and expedient for the support and education of

my said grand - daughter and I desire that no bond be given

or required of my said wife for said trust.

Item 3 I give devise and bequeath to my wife Rebecca Miller and

my daughter Margaret Ann Stevens and my grand daugh=

=ter Nellie M. Stevens all the rest and residue of my

property Real & personal of every kind and description to

them and their heirs forever. share and share alike.

And this devise and bequest is in lieu of my wifes dower

homestead and years support and all Statutory allowances

so far as my wife is concerned.

Item 4. I hereby nominate and appoint my daughter Margaret

Ann Stevens Guardian of my grand daughter Nellie

M. Stephens and desire that no bonds be required of her.


Item 5. I do hereby nominate and appoint my wife Rebecca Miller

and my daughter Margaret Ann Stevens Executrixses 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 them if it shall

become necessary in order to pay debts or to carry out the

provisions of this Will, to sell by private sale or public sale

in such manner, upon such terms of credit, or otherwise

as they may think proper all or any part of my personal

property or real estate and to make execute and deliver to

the purchaser or purchasers good and sufficient deeds of con=

=veyance for the same conveying the title thereto in fee simple.

I desire that no bonds be required of my Executors and

that no appraisement and no sale of my personal property be

made except such sale thereof as they may think best

and that the Court of Probate direct the omission of the
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 508)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 508)

Description

[page 508]

[corresponds to page 442 of Delaware County Will Records Vol. 8 1887-1890]

442

Thomas G. Miller Estate

same in pursuance of the Statute.

In testimony hereof I have hereunto

set my hand and seal this Sixteenth day of October. A.

D. 1885.

T.G. Miller. {Seal}


Signed and acknowledged by

said Thomas G. Miller as

his Last Will and Testament

in our presence; and signed by

us in his presence.

J.T. Curren

J. Hipple.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 509)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 509)

Description

[page 509]

[corresponds to page 443 of Delaware County Will Records Vol. 8 1887-1890]

443

Mathew A. & Cynthia R. McDaniel's Will

Journal Entry

4639 January11th 1890. }

In the Matter of the last Will and }

Testament of Mathew A. Mc } Authenticated Copy.

Daniel and Cythia R. McDaniel }

late of Morrow County. Ohio. deceased,

An authenticated copy of the

last Will and Testament of Mathew A. McDaniel and

Cynthia R. McDaniel, late of Morrow County. Ohio. de=

=ceased, and of the order of probate of the same, in said County.

were this day presented to this Court for record. Whereupon

the Court, finding that certain real estate devised by said

Will, is situated in this County hereby admits said cop

=ies to record, as provided by law in such cases.

N.F. Overturf

Probate Judge.


Certified Copy of Will


In the name of Benevolent Father of all, we Mathew A.

McDaniel and Cynthia R. MacDaniel do make and pub=

=lish this our last will and testament.

Item 1.- It is our will that our daughter Mary C. McDaniel

(a mute) if living at the time of our death to receive one thousand

dollars from our real or personal estate. The above named sum

to be put into the hands of M.F. Bonum to be used for her

as her circumstance may require. He to be held responsible for

same principle and interest.

Item 2.- It is our will that within two years after the death

of both of us that the real estate be sold and divided among our

heirs as follow ~ The heirs of our older daughter Lydda

Fleming deceased James W McDaniel his heirs Henry

K. McDaniel & his heirs - Ann J. Fleming & her heirs -

Clara Bonum & heirs share and share equal after Benjamin

F. McDaniel has received an equal share with those here

mentioned and four hundred dollars extra for labor performed

by him for us.

3 - We do hereby nominate and appoint William A. Flem=

=ing Executor of this our last will and testament hereby au=

=thorizing and empowering him to sell our real estate and deeds to

purchasers to execute and deliver in fee simple.

4 We do hereby authorize and empower our executor to appraise

and sell the personal property that be in our possession and not

otherwise disposed of at the time of our decease.

We do hereby revoke all former wills by either of us made.

In testimony hereof we hereunto set our hands and seals

this ninth day of May 1888.

Matthew G. McDaniel

Cynthia R. McDaniel


Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 510)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 510)

Description

[page 510]

[corresponds to page 444 of Delaware County Will Records Vol. 8 1887-1890]

444

Mathew A. & Cynthia R. McDaniel's Will

Signed and acknowledged by Matthew A. McDaniel and Cyn=

=thia R. McDaniel as their last Will and Testament in our

presents and signed by us in their presence.

R.N. Leonard

Ida Leonard.



Probate Court. Morrow Co. } Ohio. December 31 1889.

In the Matter of the Will of }

Matthew A. McDaniel, and } Will admitted to Probate.

Cynthia R. McDaniel, deceased. }

The joint last Will and Testament

of Matthew A. McDaniel and Cynthia R. McDaniel, deceased,

late of this County was this day presented to the Court for pro=

=bate and record, and it appearing to the Court, that said above

named decedents were husband and wife, and that all their next

of kin residents of Ohio have been duly notified of the presen=

=tation of said Will for probate: Thereupon R. N. Leonard and

Ida Leonard subscribing witnesses to said Will, appeared in open

court, and were duly sworn and examined according to law, and their

testimony thereon was reduced to writing and filed. And it ap=

=pearing to the Court from the testimony as taken, that the

said will was duly executed and attested, and that at the time

of executing the same, each of said Testators was of full age,

and of sound mind and memory, and not under any restraint,

the Court now admits the said Will to probate, and orders the

same together with the testimony so taken to be recorded.







The State of . Ohio }

Morrow County . ss } I, L K Powell, Sole Judge and Ex Officio

Clerk of the Probate Court within and

for the County of Morrow do hereby certify that the foregoing is

a true copy of the Last Will and Testament of Matthew A.

and Cynthia R. McDaniel, deceased. late of said Morrow

County. Ohio, together with the entry of Probate thereof, as the

same remains on file and probate (and record) in said Court, and

in my custody.

In Witness Whereof, I have hereunto set

my hand and affixed the seal of said Probate Court at Mr.

Gilead. Ohio, this 10th day of January A.D. 1890.

L.K. Powell.

{Seal} Judge and Ex-Officio Clerk

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 511)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 511)

Description

[page 511]


[corresponds to page 445 of Delaware County Will Records Vol. 8 1887-1890]



445

Thomas Jones Will. (Franklin Co O.)

4 6 3 8 Journal Entry .

January. 18 1890. }

In the Matter of the Au= }

=thenticated Copy of the last }

Will nad Testament of Thom= }

=as Jones. late of Franklin }

County. Ohio, deceased }

An authenticated copy of the last

Will and Testament of Thomas Jones late of Franklin

County. Ohio. deceased, and of the order of probate of the

same, in said County, were this day presented to this Court

for record. Whereupon the court finding that certain real

estate devised by said Will is situated in this County -

hereby admits said copies to record, as provided by law in

such cases.

N.F. Overturf

Probate Judge.


Copy of Will and Proceedings. Filed January. 18 1890


Thomas Jones Will

In the Matter of the Will of } Probate Court. Franklin County O.

Thomas Jones, Deceased. }

April 29 A.D. 1889.

This day an instrument of writing, purporting to be the

Last Will and Testament of Thomas Jones, late of Perry

Township, in this County- deceased, was produced in open Court

for Probate. It is now ordered that the said Will be filed in

this Court and that due notice thereof and of the application to

admit the same to Probate and Record, be given to the widow

and next of kin of the Testator, resident of the State of Ohio,

2 days prior thereto, that said application will be for hear=

=ing before this Court, on the 4th day of May A D. 1889 at

2 o'clock P M., said notice to be in writing and to be served

on said parties personally, or by leaving copies thereof at

their usual place of residence.


Charles G. Saffin

Probate Judge.


And afterwards to-wit: on the 4th day of May A.D. 1889,

the finds and orders of this Court relative to the last

Will and Testament of Thomas Jones, deceased, were en=

=tered on the Journal in words and figures following. to-wit:


In the Matter of the Will

of Thomas Jones, Deceased. May 4 A.D. 1889.


Be it Remembered, That heretofore, to-wit: on the 29th day

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 512)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 512)

Description

[page 512]


[corresponds to page 446 of Delaware County Will Records Vol. 8 1887-1890]

446

Thomas Jones Will- (Franklin Co. O.)

of April. A.D. 1889 an instrument of writing, purporting to be

the Last Will and Testament of Thomas Jones late of

Perry Township in this County, deceased, was produced in

open Court for Probate, and was then filed. And it

now being shown to the satisfaction of the Court, that due no=

=tice of the filing of said Will and of the application to admit

the same to Probate and Record in this Court - has been

given to the widow and next of kin of the Testator, pursuant

to a former order of this Court; thereupon on this day came

Ira H Crum and W. Galbraith the subscribing witnesses

to said Will, who being duly qualified, testified to the due exe=

=cution and attestation of said Will; which testimony was re=

=duced to writing, by them respectively subscribed, and filed with

said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said

Thomas Jones deceased; that the same was duly executed

and attested; that the said Testator, at the time of signing

the same, was of lawful age, of sound and disposing mind

and memory, and under no undue or unlawful restraint

whatsoever. It is therefore by the Court ordered, that the

said Will be admitted to Probate, and that the same,

together with the testimony of the witnesses above named,

be entered of Record in this Court.

Charles G. Saffin

Probate Judge.




Will.

Be it known that I Thomas Jones of the Township of

Perry, County of Franklin and State of Ohio being of

sound and disposing mind and memory, do hereby make and pub=

=lish this my last Will and Testament.

Item 1 I give, devise and bequeath to my son Lovett W Jones

and to my daughter Olive Abigal Jones my homestead

and the land thereto attached situated in Franklin Coun=

=ty. Ohio, also my mill property in said Franklin County.

Ohio and commonly known as "Jones Mill" also my

farm of two hundred and six acres situated in Radnor

Township Delaware County. Ohio to have and to hold to

the said Lovett W. Jones and Olive Abigal Jones their

heirs and assigns forever share and share alike.

Item 2. I give devise and bequeath to my said son Lovett W Jones

and my said daughter Olive Abigal Jones all my personal

and chattel property of any and every kind and description.

[four lines of text crossed out]

Item 3 I desire that my son Lovett W Jones and my daughter

Olive Abigal Jones shall pay my indebtedness in equal
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 513)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 513)

Description

[page 513]

[corresponds to page 447 of Delaware County Will Records Vol. 8 1887-1890]



447

Thomas Jones Will - (Franklin Co. O.)

shares.

Item 4 I hereby nominate and appoint my son Lovett W. Jones Ex=

ecutor of this my last will and testament and I request that

he be not required to give any bond as such Executor.

It is my desire that my said Executor may if he shall

think best continue to operate and run said mill for the joint

interest of himself and my said daughter Olive Abigal Jones

until she shall arrive at the age of majority.

Item 5. I give, devise and bequeath any and all property of which

I may die seized or possessed weather personal or real to

my son Lovett W. Jones and to my daughter Olive Abi=

gal Jones share and share alike.

Item 6. I hereby revoke any and all other wills and codicils here=

=tofore by me made.

In Testimony whereof I have hereunto set

my hand and seal this the 11th day of April A.D. 1889.

Thos Jones. {Seal}


Signed sealed and acknowledged by Thomas Jones as his

Last Will and Testament and signed by us as witnesses

at his request and in his presence and in the presence of

each other. April 11th 1889.

Ira H. Crum.

W. Galbraith.





Testimony.

The subscribing witnesses to said Will, after being duly

sworn to speak the truth, the whole truth, and nothing

but the truth, in relation to the execution of said Will,

testified thereto in open Court, which testimony was re=

=duced to writing, and by them respectively subscribed, and

is in words and figures following, to-wit:


The State of Ohio Probate Court.

Franklin County.ss

We, Ira H Crum and W. Gal=

=braith being duly sworn in open Court, this 4th day of

May A.D. 1889. depose and say that we were present at

the execution of the Last Will and Testament of Thom=

as Jones, deceased, hereinto annexed. That we saw Thom=

as Jones, said Testator subscribe said Will, and heard

him publish and declare the same to be his Last Will

and Testament; and that the said Thomas Jones, 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 sign=

ed the same as witnesses at his request, and in his presence.

Ira H. Crum.

W. Galbraith

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 514)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 514)

Description

[page 514]

[corresponds to page 448 of Delaware County Will Records Vol. 8 1887-1890]

448

Thomas Jones Will - (Franklin Co. O.)

Sworn to and subscribed in open Court, on the day and year

first above written.

Charles G. Saffin.

Probate Judge.



The State of Ohio

Franklin County.ss.

I, Charles G. Saffin, Judge of the

Probate Court, within and for said County, hereby certify

the foregoing to be a true copy of the Last Will and Testa=

ment of Thomas Jones, deceased, as the same remains

on file and record in said Court, together with the orders

of said Court made on the Probate thereof, and of the tes=

timony of witnesses examined as reduced to writing and

filed, and as recorded in Record of Wills, Vol L, Page

401

Witness my official signature, and the seal of said

Court, at Columbus, this 14 day of January. A.D.

1890.

Charles G. Saffin

{Seal} Probate Judge.

By Samuel A. Kinnear - Deputy. Clerk.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 515)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 515)

Description

[page 515]

[corresponds to page 449 of Delaware County Will Records Vol. 8 1887-1890]



449

Samuel Lowry Will

Journal Entry

January. 30 1890.

In the Matter of the Will

of Samuel Lowry.deceased.

This day an instrument of

writing, purporting to be the last Will and Testament of

Samuel Lowry, late of Liberty Township. in this County

deceased, was produced in open Court for Probate; On

consideration whereof, it is ordered that the said Will be

filed in this Court, and that due notice thereof, and of the

application to admit the same to probate and record be given

to Roxia Lowry. Hilia A. Lowry - William H. Lowry -

Cynthia E. Case ~ A B.Lowry ~ Margaret Staley -

Charles T. Lowry ~ Phoebe Keesham - Samuel Lowry ~

Jennie Quigley ~ Mary Meeker and Lucina Roach. ~

Eliza Lowry, widow, and Minnie E. Shanahan, one of the

next of kin having waived Notice next of kin of the Tes=

tator, resident of the State of Ohio, that said application

will be for hearing before this Court on the 7 day of

February. A.D. 1890. at 1 o'clock P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss


In the Matter of the Last

Will and Testament of Application to Admit to Probate.

Samuel Lowry .deceased.

To the Hon. N F Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Samuel Lowry, late a resident of the Township of

Liberty, in said County, died on or about the 6 day of

January.A.D 1890, leaving an instrument in writing,

hereto attached, purporting to be his last Will and Testa=

ment. That the said Samuel Lowry. died leaving Eliza

Lowry, his widow, and the following named persons his only

next of kin resident of the State of Ohio.


Names Degree of Kinship P.O Address.

Minnie E. Shanahan Daughter. Columbus. O.

Roxia Lowry " Powell. O.

Helia A. Lowry " " "

William H. Lowry Son " "

Cynthia E. Case Daughter Columbus. O.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 516)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 516)

Description

[page 516]

[corresponds to page 450 of Delaware County Will Records Vol. 8 1887-1890]

450

Samuel Lowry Will

A.B. Lowry Son Powell. O.

Margaret Staley Daughter Industrial Home.

Charles T. Lowry Son Powell O.

Phoebe Keesham Daughter Columbus. O.

Samuel Lowry Son Powell. O.

Jennie Quigley Daughter Bradnor.Wood. Co O.

Mary Meeker " Powell. O.

Lucinda Roach " Columbus. O.


Your petitioner prays that a time may be fixed for the prov=

ing of said Will, and that said above named persons may

be notified according to law of the pending of said proceedings:

her
Attest. ~ Eliza X Lowry .
mark
Mame Parks

Edwin J. Hall.

The foregoing application was signed in my presence and sworn

to before me, this 30 day of January. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Waiver

We, the undersigned, widow and one of the next of kin of the with=

in named decedent, hereby waive further notice, and consent to

the probate of said Will,
her
Attest to mark Eliza X Lowry
mark
Mame Parks Minnie E. Shanahan.

Edwin J. Hall .

The foregoing application was signed in my presence and sworn

to before me, this 30 day of January. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Waiver

We, the undersigned, widow and one of the next of kin of the with=

in named decedent, hereby waive further notice, and consent to

the probate of said Will,
her
Attest to mark Eliza X Lowry
mark
Mame Parks Minnie E. Shanahan.


Notice

The State of Ohio In Probate Court.

Delaware County ss.

In the Matter of the Last Will and Testament

of Samuel Lowry. deceased.

To Eliza Lowry:

You are hereby commanded to notify Roxia Lowry. Hilia

A Lowry. William H. Lowry. Cynthia E. Case- A.B. Lowry - Mar=

garet Staley . Charles T. Lowry. Phoebe Keesham . Samuel Lowry.

Jennie Quigley - Mary Meeker . Lucinda Roach. ~ that on the 30

day of January. A.D.1890. an instrument of writing, purport=

ing to be the last Will and Testament of Samuel Lowry _

late of Liberty Township, in said County - deceased, was produced

in said Court, and an application to admit the same to probate

was on the same day made in said Court. Said application

will be for hearing before this Court on the 7 day of February

A.D.1890. at 1 o'clock P.M.

Witness my hand and the seal of said Probate Court,

at Delaware, Ohio, this 30 day of January. A.D.1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 517)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 517)

Description

[page 517]

[corresponds to page 451 of Delaware County Will Records Vol. 8 1887-1890]


451

Samuel Lowry Will

Proof of Service


The State of Ohio

Delaware County.ss Eliza Lowry being duly sworn, says

that on the 31 day of January. 1890,

& 1 and 4 days of February. A.D.1890. she served the within

notice by delivering a true copy thereof to the within named

Roxia Lowry. Hilia A. Lowry ~ William H. Lowry -

Cynthia E. Case - A.B. Lowry ~ Margaret Staley

Charles T. Lowry - Phoebe Keesham_ Samuel Lowry -

Jennie Quigley ~ Mary Meeker and Lucinda Roach.

Witness to Mark.
her
Mame Parks Eliza X Lowry.
mark
Minnie E. Shanahan.

Subscribed in my presence and sworn to before me this 7

day of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Probate of Will


The State of Ohio In Probate Court

Delaware County.ss

Personally appeared in open Court.

James Hall and Edwin J. Hall the subscribing wit=

nesses to the last Will and Testament of Samuel Low=

ry late of Liberty Township in said Delaware County. de=

ceased, who being duly sworn according to law, to speak the

truth, the whole truth, and nothing but the truth, in relation

to the execution of said Will, depose and say: That the pa=

per before them bearing date the 10 day of April. A.D.1888,

purporting to be the last Will and Testament of Samuel

Lowry, now deceased, is the Will of said deceased Samuel

Lowry, that they were present at the execution of said Will,

and at the request of the Testator, respectively subscribed

their names to the same as witnesses, in his presence;

that they saw the said Samuel Lowry, deceased, sign and

seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said Samuel

Lowry, at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory. and not under any

restraint.

James Hall

Edwin J. Hall

Sworn to and subscribed by said witnesses, in open Court

this 7 day of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 518)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 518)

Description

[page 518]

[corresponds to page 452 of Delaware County Will Records Vol. 8 1887-1890]

452

Samuel Lowry Will

Journal Entry.

February 7 1890.


In the Matter of the Will

of Samuel Lowry. deceased.

Be it remembered, that heretofore,

to-wit: on the 30 day of January. A.D. 1890. an instr=

ment of writing, purporting to be the last Will and Testament

of Samuel Lowry, late of Liberty Township, in this County -

deceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will, and of the

application to admit the same to probate and record in this

COurt, had been given to Roxia Lowry Hilia A Lowry .

William H. Lowry - Cynthia E. Case - A.B. Lowry.

Margaret Staley - Charles T. Lowry_ Phoebe Keesham

Samuel Lowry - Jennie Quigley ~ Mary Meeker and

Lucinda Roach next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of this court -

(Eliza Lowry, widow, and Minnie E. Shanahan having

waived Notice), therefore, on this day came James

Hall and Edwin J. Hall the subscribing witnesses to

said Will, who being duly sworn. testified to the due exe=

cution and attestation of said Will, which testimony was

reduced to writing, by them respectively subscribed, and filed

with said Will, whereupon the court finds that the aforesaid

instrument of writing is the last Will and Testament of

said Samuel Lowry _ deceased. That the same was duly

executed and attested; and that the said Testator, at the

time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will be

admitted to probate, and that the same, together with the

testimony of the witnesses above named, as well as the pro=

ceedings had thereon, be entered of record in this Court.

Citation ordered and issued to Eliza Lowry. widow of

said decedent to elect as to said Will, as required by law.

And thereupon came said Eliza Lowry, widow, and

acknowledged service of the said Citation.

N F Overturf

Probate Judge





Copy of Will


In the name of the Benevolent Father of all. I

Samuel Lowry of Liberty Township. Del. Co. Ohio, do

make and publish this my last Will and Testament.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 519)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 519)

Description

[page 519]

[corresponds to page 453 of Delaware County Will Records Vol. 8 1887-1890]



453

Samuel Lowry Will

Item 1 I give and devise to my beloved wife in lieu of her dower

the Farm on which we now reside. Situated in Liberty

Township. Dela. Co. Ohio, containing about Forty acres

(40) during her natural life. And all the Stock .house=

hold goods furniture, provisions and other goods and chattels

which may be thereon, at the time of my decease. I

give and bequeath to her absolutely. (she however selling so

much thereof as my be sufficient to pay my just debts.)

At the death of my said wife the real estate afore=

said and all chattle property belonging to said estate as

follows:

Item 2. I devise and bequeath to my daughter Minnie E.

Shanahan Two hundred & fifty dollars ($250.00)

Item 3, I devise and bequeath the remainder of my said

property in equal shares to the following persons and their

heirs. 1 Roxia Lowry - Hilia A. Lowry - Wil=

liam H. Lowry and Cynthia E. Case.

In testimony hereof I have hereunto set my

hand and seal this 10 day of April. in the year 1888.

Samuel Lowry. {Seal}


Signed and acknowledged by said Samuel Lowry as his

last Will and Testament in our presence and signed by

us in his presence.

Ada Hall {Seal}

James Hall {Seal}

Edwin J. Hall {Seal}
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 520)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 520)

Description

[page 520]

[corresponds to page 454 of Delaware County Will Records Vol. 8 1887-1890]

454

David Penry Estate.

Journal Entry.

February. 1 1890.

In the Matter of the Will

of David Penry_deceased, This day, an instrument of writing,

purporting to be the last Will and

Testament of David Penry, late of Radnor Township, in

this COunty . deceased, was produced in open Court for Probate;

On consideration whereof, it is ordered that the said Will

be filed in this Court, and that due notice thereof, and of the

application to admit the same to probate and record, be given to

Joanne Penry. widow, and Thomas L. Penry- Hannah Hord-

Amelia J. Adams and John P. Penry next of kin of

the Testator, resident of the State of Ohio. that said ap=

plication will be for hearing before this Court on the 8 day

of February. A.D.1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss.


In the Matter of the last

Will and Testament of Application to Admit to Probate.

David Penry - Deceased

To the Hon. N.F. Overturf. Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that David Penry, late a resident of the Township of Rad=

not, in said County, died on or about the 27 day of January

A D.1890, leaving an instrument in writing, hereto attached

purporting to be his last Will and Testament. That the said

David Penry died leaving Joanna Penry. widow - and the fol=

lowing named persons his only next of kin resident of the State

of Ohio


Names Degree of Kinship P.O. Address.

Thomas L. Penry Son Prospect. O

Hannah Hord Daugh. Prospect. O.

Amelia J. Adams " " "

John R. Penry Son " "


Your petitioner prays that a time may be fixed for the

proving of said Will, and that said above named per=

sons may be notified according to law of the pending of

said proceedings.

William W. Jones.

The foregoing application was signed in my presence and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 521)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 521)

Description

[page 521]

[corresponds to page 455 of Delaware County Will Records Vol. 8 1887-1890]



455

David Penry Estate.

sworn to before me, this 1 day of February. A.D.1890.

N.F. Overturf

Probate Judge.


Notice


The State of Ohio In Probate Court.

Delaware County.ss.

In the matter of the last Will and

Testament of David Penry_ deceased.

To William W. Jones:

You are hereby commanded to notify Joanna Penry.

Thomas L. Penry - Hannah Hord - Amelia J. Adams

and John P. Penry. that on the 1 day of February. A.D.

1890, an instrument of writing, purporting to be the last

Will and Testament of David Penry late of Radnor Town=

ship, in said County. deceased. was produced in said court

and an application to admit the same to probate was on the

same day made in said Court, Said application will be for

hearing before this Court on the 8 day of February. A.D.

1890. at 10 o'clock A.M.

Witness my hand and the seal of said Pro=

bate Court. at Delaware , Ohio; this 1 day of February. A.D.

1890.

N.F. Overturf.

{Seal} Probate Judge


Proof of Service


The State of Ohio

Delaware County.ss. William W. Jones being duly wrong,

says that on the 3 day of February. A.

D.1890. he served the within notice by delivering a true copy

thereof to the within named Joanne Penry. Thomas L.

Penry. Hannah Hord. Amelia J. Adams and John P.

Penry.

William W. Jones.

Subscribed in my presence and sworn to before me this 8

day of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 522)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 522)

Description

[page 522]

[corresponds to page 456 of Delaware County Will Records Vol. 8 1887-1890]

456

David Penry Will.

Probate of Will.


The State of Ohio. In Probate Court.

Delaware County.ss

Personally appeared in open Court,

J.P. Osborn and Walter Adams, the subscribing witness=

=es to the last Will and Testament of David Penry, late

of Radnor Township in said Delaware County, deceased;

who being duly sworn according to law, to speak the truth

the whole truth, and nothing but the truth - in relation to

the execution of said Will, depose and say: That the paper

before them bearing date the 18 day of February. A.D.1888.

purporting to be the last Will and Testament of David Pen=

ry now deceased, is the Will of said deceased David Penry -

that they were present at the execution of said Will, and at

the request of the Testator, respectively subscribed their names

to the same as witnesses, in his presence; that they saw

the said David Penry deceased sign and seal said Will,

and heard him acknowledge the same to be his last will

and Testament, and that the said David Penry at the time

of making, signing and sealing said Will, was of full age,

sound mind and memory, and not under any restraint.

Jas P. Osborn

Walter Adams.

Sworn to and subscribed by said witnesses, in open Court,

this 8 day of February. A.D.1890.

N.F. Overturf

Probate Judge


Journal Entry.

February.8 1890.

In the Matter of the Will

of David Penry. deceased.

Be it remembered, that heretofore, to=

wit: on the 1 day of February. A.D.1890, an instrument of

writing, purporting to be the last Will and Testament of

David Penry, late of Radnor Township, in this County.

deceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction of the

Court, that due notice of the filing of said Will, and of the

application to admit the same to probate and record in this

Court, has been given to Joanna Penry. widow, and Thomas

L. Penry . Hannah Hord . Amelia J. Adams. and

John P. Penry, next of kin of the Testator, resident of the

State of Ohio. pursuant to a former order of this Court;

therefore, on this day came Jas P. Osborn and Walter

Adams the subscribing witnesses to said Will, who being

duly sworn, testified to the due execution and attestation of

said Will, which testimony was reduced to writing, by them
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 523)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 523)

Description

[page 523]

[corresponds to page 457 of Delaware County Will Records Vol. 8 1887-1890]


457

David Penry Will

respectively subscribed, and filed with said Will, whereupon

the Court finds that the aforesaid instrument of writing

is the last Will and Testament of said David Penry.

deceased. That the same was duly executed and attested;

and that the said Testator, at the time of making, sign=

ing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint. It is, there=

fore, by the Court ordered, that the said Will be admit=

ted to probate, and that the same, together with the testi=

mony of the witnesses above named, as well as the proceed

ings had thereon, be entered of record in this Court.

Citation ordered and issued to Joannah Penry

widow of said decedent, to elect as to said Will, as required

by law.

N. F. Overturf

Probate Judge.





Copy of Will


In the name of the Benevolent Father of All, Amen:

I David Penry of Radnor Township. Delaware

County. Ohio, being of sound and disposing mind and mem=

ory do make and publish the following as my last Will

and Testament.


Item 1 I give and devise to my beloved wife the farm on which

we now reside Situate in Radnor Township Dela=

was County Ohio, containing about one hundred and

thirty acres and all the stock household goods Furniture

provisions and all other goods and chattels belonging to me

at the time of my decease; during her natural life as afore=

said. she showever selling so much thereof as may be

sufficient to pay my just debts including my last sick=

ness, and funeral expense.

Item 2 It the death of my said wife, the real estate afore=

said and such part of the said personal property or the pro=

ceeds thereof; as may then remain unconsumed and unex=

pended, I give and devise to my children Thomas L. Penry,

John P. Penry. Mary Wolfley wife of Ebenezer Wolf=

ley: Hannah J. Hord wife of B.M. Hord. Amelia Ad=

ams wife of George Adams; all the rest and residue of my

estate; after the payment of my just debts as described in

the first item of this Will; and the expenses of the admin=

istration of my estate, to be divided between my said sons

Thomas L. Penry. John P. Penry. Mary Wolfley -

Hannah J. Hord. Amelia Adams share and share alike-

and in case either of my said sons: of daughters, die before

my decease, the share or portion of my said Estate herein
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 524)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 524)

Description

[page 524]

[corresponds to page 458 of Delaware County Will Records Vol. 8 1887-1890]

458

David Penry Will

directed to be paid to my said son or my said Daughter,

shall go to and be paid to the heirs of my said son or daugh=

ter.

I hereby appoint and constitute William W. Jones

Executor of this my last Will and Testament.

I hereby revoke all former Wills or parts of Wills

by me heretofore made and declare the foregoing to be my last

Will and Testament.

Witness my signature and seal this eighteenth

day of February in the year of our Lord one thousand eight

hundred and eighty eight.

David Penry. {Seal}


Signed by the above named David Penry in our pres=

ence, and by him declared to be his last Will and Testament

in our hearing and signed by us as witnesses at his request

and in his presence, and in the presence of each other on the

said 18 day of February.

J.P.Osborn.

Walter Adams

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 525)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 525)

Description

[page 525]

[corresponds to page 459 of Delaware County Will Records Vol. 8 1887-1890]



459

Ralph McCarty Estate.

Journal Entry

February. 4 1890.

In the Matter of the Will

of Ralph McCarty deceased. This day, an instrument of writing

purporting to be the last Will and

Testament of Ralph McCarty, late of Orange Town=

ship, in this County, deceased, was produced in open Court

for Probate - On consideration whereof, it is ordered that

the said Will be filed in this Court, and that due notice

thereof, and of the application to admit the same to probate

and record, be given to Margetti Cummins- Henry

A. McCarty- and George W. McCarty - next of kin of

the Testator, resident of the State of Ohio, that said appli=

cation will be for hearing before this Court on the 11 day

of February. A.D.1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge .


Application for Probate of Will


The State of Ohio In Probate Court.

Delaware County,ss


In the Matter of the last

Will and Testament of Application to Admit to Probate

Ralph McCarty. deceased.

To the Hon. N.F. Overturf. Judge

of the Probate Court in and for said County.

Your petitioner respectfully represents that Ralph

McCarty. late a resident of the Township of Orange in said

County, died on or about the 29 day of January. A.D.1890,

leaving an instrument in writing hereto attached, purporting

to be his last Will and Testament. That the said Ralph Mc

Carty died leaving no widow and the following named persons his

only next of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address.

Maryette Cummings Daughter Lewis Center. O

Henry A. McCarty Son Columbus. Ohio

George W.McCarty " Lewis Center "

Your petitioner prays that a time may be fixed for the prov=

ing of said Will, and that said above named persons may be

notified according to law of the pending of said proceedings.

L.B. Faulknor.

The foregoing application was signed in my presence and sworn

to before me this 4 day of February. A.D. 1890.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 526)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 526)

Description

[page 526]

[corresponds to page 460 of Delaware County Will Records Vol. 8 1887-1890]

460

Ralph McCarty's Will

Notice


The State of Ohio In Probate Court

Delaware County.ss.

In the matter of the last Will and

Testament of Ralph McCarty. deceased.

To L. B. Faulkner.:

You are hereby commanded to

notify Maryetta Cummings ~ Henry A. McCarty and

George W. McCarty, that on the 4 day of February. A.D.

1890. an instrument of writing, purporting to be the last Will and

Testament of Ralph McCarty, late of Orange Township,

in said County, deceased, was produced in said Court, and an

application to admit the same to probate was on the same day

made in said Court. Said application will be for hearing

before this Court on the 11 day of February. A. D. 1890. at

1 o'clock P.M.

Witness my hand and the seal of said Pro=

bate Court, at Delaware, Ohio, this 4 day of February. A.

D.1890.

N.F. Overturf

{Seal} Probate Judge



Proof of Service


The State of Ohio

Delaware County.ss L.B. Faulknor being duly sworn, says

that on the 5 day of February. A.D.1890,

he served the within notice by delivering a true copy thereof to

the within named Maryett Cummings . Henry A.Mc

Carty and George W. McCarty.

L.B. Faulkner.

Subscribed in my presence and sworn to before me this 11 day

of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge.


Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court Mike

Slattery and Henry W. Skeeles the subscribing witnesses

to the last Will and Testament of Ralf McCarty, late of

Orange Township in said Delaware County. deceased; who

being duly sworn according to law, to speak the truth, the

whole truth and nothing but the truth, in relation to the execu=

tion of said Will, depose and say: That the paper before them

bearing date the 19 day of May. A.D.1888, purporting to be

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 527)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 527)

Description

[page 527]

[corresponds to page 461 of Delaware County Will Records Vol. 8 1887-1890]



461

Ralph McCartys Will.

the last Will and Testament of Ralf [Ralph] McCarty now de=

ceased, is the Will of said deceased Ralf [Ralph] McCarty, that

they were present at the execution of said Will, and at the

request of the Testator, respectively subscribed their names to

the same as witnesses, in his presence; that they saw the

said Ralf [Ralph] McCarty deceased sign and seal said Will

and Testament, and that the said Ralf [Ralph] McCarty, at the time

of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

Mike Slattery

Henry W. Skeels

Sworn to and subscribed by said witnesses, in open Court, this

11 day of February. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

February 11 1890.

In the Matter of the Will of

Ralph McCarty. deceased. Be it remembered, that heretofore,

to-wit: on the 4 day of February. A.

D.1890. an instrument of writing, purporting to be the last

Will and Testament of Ralph McCarty, late of Orange

Township, in this County. deceased, was produced in open

Court for probate, and was then filed. And, it now being shown

to the satisfaction of the Court, that due notice of the filing of

said Will, and of the application to admi the same to probate

and record in this Court, has been given to Maryetti Cum:

mins ~ Henry A. McCarty and George W. McCarty - next of

kin of the Testator, resident of the State of Ohio, pursuant

to a former order of this Court; therefore, on this day came

Mike Slattery and Henry W. Skeels the subscribing wit=

nesses to said Will. who being duly sworn, testified to the due

execution and attestation of said Will, which testimony was

reduced to writing, by them respectively subscribed, and filed

with said Will, whereupon the court finds that the afor=

said instrument of writing is the last Will and Testament of

said Ralph McCarty, deceased. That the same was duly

executed and attested; and that the said Testator, at the time

of making, signing and sealing said Will, was of full age. of sound

mind and memory, and not under any restraint. It is there=

fore, by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testimony of

the witnesses above named, as well as the proceedings had

thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 528)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 528)

Description

[page 528]

[corresponds to page 462 of Delaware County Will Records Vol. 8 1887-1890]

462

Ralph McCarty's Will

Copy of Will

I Ralph McCarty of Orange Township - Delaware County -

Ohio, by occupation a farmer make this my last Will -.

I give devise - bequeath my Estate and property real and personal as

follows, that is to say,

1 I order and direct that all my just debts shall be paid

with convenient speed.

2 I give and bequeath to my Grand-son Lewis B. Faulknor my

house and three acres of land commencing at a stone in the cen=

ter of the Tp. road at the north east corner of my land and running

south twenty (20) rods, thence west twenty four (24) rods thence

north twenty 20 rods to the center of said road composing three

acres of land. To hand and to hold during life and at his death it

shall become the property of his two sons.

The house and lot that the house stands on to be independent

of the three (3) acres of land.

3 I give to my Daughter Maryetti Cummins Fifteen

(15) acres of land as follows, to-wit: Commencing at the south

east corner of my land running west thence north to Tp. road -

thence East to the West line of L.B, Faulkners, thence South twen=

ty (20) rods, Thence East twenty-four (24) rods, thence South to

the place of beginning, composing fifteen (15) acres of land to have

and to hold during life, then it shall become the property of her

heirs.

4 I give to my son Henry A. McCarty fifteen (15) acres

running west in the center of the road form Maryett Cum=

mins west line, thence south forty (40) rods, thence east to

said Cummins line, thence to the place of beginning com=

posing in all fifteen acres to have and to hold during life, then it

shall become the property of his heirs;

5 I give to my son George W. McCarty and Lucy his wife to have

and to hold during life then to become the property of their heirs

the balance of the west end of my land.

I appoint Lewis B. Faulkner of Orange Tp. Delaware Co.

Ohio Executor of this my last Will.

6 In witness whereof I have signed and sealed and published and

declared this instrument as my Will. at Orange Tp. Del=

aware Co. Ohio, on this 19 day of May. A.D.1888,

Ralf McCarty. {Seal}

7 The said Ralph McCarty at said Orange Tp. Delaware

Co. Ohio, on said 19 day of May A.D.1888 signed and sealed

this instrument and published and declared the same as

his last Will and we at his request and in the presence of each

other have hereunto written our names as subscribing wit=

nesses.

Mrs Mattie Cruickshank

Mike Slattery

Henry W. Skeels
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 529)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 529)

Description

[page 529]

[corresponds to page 463 of Delaware County Will Records Vol. 8 1887-1890]



463

Thomas E. [F] Joy's Will

Journal Entry

February 12 1890,

In the Matter of the Will

of Thomas E. Joy - deceased. This day, an instrument of writing,

purporting to be the last Will and Tes=

tament of Thomas F. Joy. late of Delaware Township, in this

County, deceased, was produced in open Court for Probate. On

consideration whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the application

to admit the same to probate and record, be given to Lettie Ann

Joy. widow, and Anna Joy Halliday, next of kin of the Testator

resident of the State of Ohio, that said application will be for

hearing before this Court on this 15 day of February. A.D.1890

at 1 o'clock P.M.

N.F. Overturf

Probate Judge .



Application for Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss.


In the Matter of the last Will

and Testament of Thomas F. Application to Admit to Probate.

Joy - deceased.

To the Hon. N.F. Overturf. Judge,

of the Probate Court in and for said County:

Your petitioner respectfully represents that Thomas F.

Joy, late a resident of the Township of Delaware in said Coun=

ty, died on or about the 4 day of February. A.D.1890, leav=

ing an instrument in writing, hereto attached. purporting to

be his last Will and Testament. That the said Thomas F.

Joy, died leaving Lettie Ann Joy his widow and the following

named person his only next of kin resident of the State of Ohio:


Anna J Halliday - Daughter - Columbus. O.


Your petitioner prays that a time may be fixed for the

proving of said Will, and that said above named persons may

be notified according to law of the pending of said proceedings.

Thomas R. Smith



The foregoing application was signed in my presence and

sworn to before me, this 12 day of February. A.D.1890.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 530)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 530)

Description

[page 530]

[corresponds to page 464 of Delaware County Will Records Vol. 8 1887-1890]

464

Thomas E. [F.] Joy's Will

Notice


The State of Ohio In Probate Court.

Delaware County.ss.

In the Matter of the last Will and

Testament of Thomas F. Joy. deceased.

To T. R. Smith:

You are hereby commanded to notify Lettie Ann Joy

and Annie J ~ Halliday ~ that on the 12 day of Febru=

ary. A.D.1890, an instrument of writing, purporting to be the

last Will and Testament of Thomas F. Joy late of Delaware

Township, in said County, deceased, was produced in said

Court, and an application to admit the same to probate was

on the same day made in said Court. Said application will

be for hearing before this Court on the 15 day o February.

A.D.1890. at 1 o'clock P.M.

Witness my hand and the seal of said

Probate Court, at Delaware Ohio, this 12 day of February.

A.D.1890.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service


The State of Ohio

Delaware County.ss. T.R. Smith being duly sworn, says that

on the 13 day of February. A.D.1890, he

served the within notice by delivering a true copy thereof to the

within named Lettie Ann Joy and Annie J Halliday.

J.R. Smith

Subscribed in my presence and sworn to before me this 15 day of

February.A.D.1890.

N.F. Overturf

Probate Judge


Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss.

Personally appeared in open Court Frances

S. Miller and Julia Smith the subscribing witnesses to the last

Will and Testament of Thomas F. Joy late of Delaware Town=

ship in said Delaware County, deceased; who being duly sworn

according to law, to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bearing

date the 24 day of January. A.D.1890, purporting to be the

last Will and Testament of Thoman F. Joy now deceased, is

the Will of said deceased Thomas F. Joy. that they were pres=
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 531)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 531)

Description

[page 531]

[corresponds to page 465 of Delaware County Will Records Vol. 8 1887-1890]


465

Thomas F. Joy's Will

ent at the execution of said Will, and at the request of the

Testator, respectively subscribed their names to the same as

witnesses, in his presence; that they saw the said Thomas F.

Joy, deceased sign and seal said Will, and heard him acknowl=

edge the same to be his last Will and Testament; and that

the said Thomas F. Joy at the time of making, signing

and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

Frances S. Miller

Juliaa Smith

Sworn to and subscribed by said witnesses, in open Court, this

15 day of February. A.D.1890.

N.F. Overturf

Probate Judge.


Journal Entry.

February. 15 1890.

In the Matter of the Will of

Thomas E. [F] Joy. deceased. Be it remembered, that heretofore,

to-wit: on the 12 day of February.

A.D.1890. an instrument of writing, purporting to be the last

Will and Testament of Thomas F. Joy, late of Delaware Town:

ship, in this County, deceased, was produced in open Court

for probate, and was then filed. And, it now being shown to

the satisfaction of the Court, that due notice of the filing of

said Will, and of the application to admit the same to probate

and record in this Court, has been given to Lettie Ann Joy.

widow, and Ann Joy Halliday next of kin of the Testator,

resident of the State of Ohio, pursuant to a former order

of this Court; therefore; on this day came Frances S.

Miller and Julia Smith the subscribing witnesses to said

Will, who being duly sworn, testified to the due execution and

attestation of said Will, which testimony was reduced to

writing, by them respectively subscribed, and filed with said

Will, whereupon, the Court finds that the aforesaid in=

strument of writing is the last Will and Testament of said

Thomas F. Joy, deceased. That the same was duly executed

and attested; and that the said Testator, at the time of mak=

ing, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. It is, there=

fore, by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testimony of

the witnesses above named, as well as the proceedings had there-

on, be entered of record in this Court.

Citation ordered and issued to Lettie Ann Joy widow of

said decedent to elect as to said Will, as required by kaw.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 532)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 532)

Description

[page 532]

[corresponds to page 466 of Delaware County Will Records Vol. 8 1887-1890]

466

Thomas F. Joy's Will

Copy of Will

In the name of the Benevolent Father of All, I. Thomas F.

Joy of Delaware O, being of sound and disposing mind & memory,

do make publish & declar this to be my last Will and Testa=

ment, hereby revoking & declaring null & void any & all former last

Wills by me made.

I. I give bequeath & devise to my beloved wife Lettie Ann Joy my

entire estate of Lands, Stock, Notes and all other property of which

I may be possessed or which may be due or coming to me at the

time of my death ~ to be used & controlled by her, after paying all

just claims against my estate in such manner as she may

think prudent & best. I fully & freely confide in her to pro=

vide for & aid such charities as she knows I desire to be aided.

II. Should the income from our farm not prove sufficient for the

comfortable maintenance of my wife Lettie I do hereby author=

ize her to contact sell & dispose of such parts of the farm as she

may think best to provide for her maintenance and the charities

before referred to in Item I, and deeds to execute & deliver therefor.

III. Within three months after my decease, I desire my

wife Lettie to execute her last Will & Testament, disposing of

the entire estate in accordance with with my wishes, well

known & understood by her. Should circumstances demand it,

she shall execute other & later Wills, providing for the disposi=

tion of my estate, always however, keeping in mind my beloved

daughter Ann Joy Halliday & the issue of her body.

IV. Should any devisee or legatee of either myself or my belov=

ed wife institute or cause to be instituted any legal proceeding

to set aside or thwart the purposes or provisions of either this

Will or the last Will & Testament of my wife. Such devi=

see or legatee shall be by such action, cut off & deprived any por=

tion of my estate.

V I do hereby nominate & appoint my beloved wife Executrix of

this Will & do hereby request the Court to authorize & empow=

er her to act as such Executrix without being required to give

bond therefor. I do hereby nominate & appoint Thomas R.

Smith assistant Executor with my wife.

Witness my hand this twenty fourth day of Jan=

uary. A.D. 1890.

Thomas F. Joy . {Seal}


Signed by Thomas F. Joy in our presence & by us signed in

his presence & at his request as witnesses to his signature

Jan. 2 4 1890.

Frances S. Miller

Julia Smith
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 533)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 533)

Description

[page 533]

[corresponds to page 467 of Delaware County Will Records Vol. 8 1887-1890]


467

James H. Crumb's Will

4 6 5 6 Journal Entry

February. 4 1890.

In the Matter of the Will of

James H Crumb. deceased This day, an instrument of

writing, purporting to be the last

Will and Testament of James H. Crumb, late of Or=

ange Township, in this County, deceased, was produced in

open Court for Probate, on consideration whereof it is or=

and that due Notice thereof, and of the application to admit the

same to probate

dered that the said Will be filed in this Court, be given

to Elizabeth M. Crumb. widow. and Eunice Furnice - Lyman

J. Crumb - Julia E. Crumb (William B. Crumb

having in writing waived further Notice and consented to the

probate of said Will) next of kin of the Testator, resident

of the State of Ohio, that said application will be for

hearing before this Court on the 17 day of February.

A.D.1890. at 1 o'clock P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss


In the Matter of the last

Will and Testament of Application to Admit to Probate

J H. Crum. deceased.

To the Hon. N.F. Overturf- Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents that J H. Crumb

late a resident of the Township of Orange in said County.

died on or about the 15 day of January. A.D.1890, leaving

an instrument in writing, hereto attached, purporting to be his

last Will and Testament: That the said J.H. Crumb

died leaving Elizabeth M. Crumb his widow and the fol=

lowing named persons his only next of kin resident of the

State of Ohio:


Name Degree of Kinship. P.O. Address.

Eunice Furnice Daughter Delaware O.

Lyman J. Crumb Son " "

Harvy J. Crumb " McCune Kans.

William B. Crumb " Lewis Center. O.

Hiland F. Crumb " Trenton. N.J.

Julia E. Crumb Daughter Lewis Center. O.

Your petitioner prays that a time may be fixed for the prov=

ing of said Will, and that said above named persons may

be notified according to law of the pending of said proceedings.

Wm B. Crumb.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 534)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 534)

Description

[page 534]

[corresponds to page 468 of Delaware County Will Records Vol. 8 1887-1890]

468

James H. Crumb's Will.

The foregoing application was signed in my presence and

sworn to before me this 4 day of January. A.D.1890.

N.F. Overturf

Probate Judge.



Waiver

I, the undersigned son of the within named decedent, hereby waive

further notice, and consent to the probate of said Will.

Dated this 4 day of February. A.D. 1890.

W.B. Crumb.



Notice.


The State of Ohio In Probate Court.

Delaware County.ss.

In the Matter of the last Will and Tes=

tament of J H Crumb, deceased.

To William B. Crumb:

You are hereby commanded to notify Eunice Furnice

Lyman J. Crumb - Julia E. Crumb and Elizabeth M.

Crumb that on the 4 day of February. A.D.1890. an in=

strument of writing, purporting to be the last Will and Testa=

ment of J H. Crumbe, late of Orange Township, in sai

County deceased, was produced in said Court, and an applica=

tion to admit the same to probate was on the same day made

in said Court. Said application will be for hearing before

this Court on the 17 day of February. A.D.1890. at 1 o'clock

P.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 4 day of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service


The State of Ohio

Delaware County.ss William B. Crumb being duly sworn,

says that on the 4 day of February A.D.1890,

he served the within notice by delivering a true copy thereof to

the witin named Eunice Furnice - Lyman J Crumb. Ju=

lia E. Crumb and Elizabeth M. Crumb.

Wm. B. Crumb.

Subscribed in my presence and sworn to before me this 13 day

of February. A.D.1890.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 535)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 535)

Description

[page 535]

[corresponds to page 469 of Delaware County Will Records Vol. 8 1887-1890]



469

James H. Crumb's Will

Journal Estate

February.17 1890.

In the Matter of the Will

of James H. Crumb. deceased.

Be it remembered, that heretofore

to-wit, on the 4 day of February. A.D.1890. an instrument

of writing, purporting to be the last Will and Testament of

James H. Crumb, late of Orange Township, in this coun=

ty. deceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction of

the Court, that due notice of the filing of said Will, and

of the application to admit the same to probate and record in

this Court, has been given to Elizabeth M. Crumb.

widow - Eunice Furnice - Lyman J. Crumb. and Julie E.

Crumb. (William B. Crumb having waived Notice) next

of kin of the Testator, resident of the State of Ohio, pursu=

ant to a former order of this Court. thereupon, on this day

came William B. Hedges one of the subscribing witnesses

to said Will, who being duly sworn, testified to the due ex=

ecution and attestation of said Will, which testimony was

reduced to writing, by him subscribed , and filed with said will

and Frank Kenyon the other subscribing witness failing

to appear the further hearing of said Will is continued un=

til the 19 day of February. A.D.1890. at 1 o'clock P.M.

N.F. Overturf

Probate Judge




Testimony of W.B. Hedges


In Probate Court In the Matter of proving the last Will and

Delaware County.Ohio Testament of J.M.Crumb. Deceased. ~


The State of Ohio

Delaware County.ss. W.B. Hedges being duly sworn and ex=

amined as a witness in the above entitled

matter, says; I was present at the execution of the instrument

now shown to me, bearing date. 17 day of December. A.D. 1889, and

offered for probate as the last Will and Testament of J H.

Crumb, late of Orange Township, in said County of Del=

aware, deceased, and saw the said J.H. Crumb, now deceased

sign and seal said instrument, and heard him acknowledge

the same to be his last Will and Testament; at the time of

making, signing and sealing said instrument, was of full age,

of sound mind and memory, and not under any restraint.

W.B. Hedges.

Sworn to and subscribed by said witness in open Court,

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 536)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 536)

Description

[page 536]

[corresponds to page 470 of Delaware County Will Records Vol. 8 1887-1890]

470

James H. Crumb's Will.

this 17 day of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Testimony of Frank Kenyon


In Probate Court In the Matter of proving the last Will

and

Delaware County. Ohio. Testament of James H. Crumb.

deceased.


The State of Ohio

Delaware County.ss Frank Kenyon, being duly sworn and

examined as a witness in the above entitled

matter, says; I was present at the execution of the instrument

now shown to me, bearing date the 17 day of December. A.

D. 1889. and offered for probate as the last Will and Testament

of Frank Kenyon late of Orange Township, in said County _

of Delaware, deceased, and saw the said James H. Crumb

now deceased, sign and seal said instrument, and heard him

acknowledge the same to be his last Will and Testament; and

I, thereupon, at his request, and in his presence, subscribed my

name to the same as a witness. The said decedent, at the time

of making, signing and sealing said instrument, was of full age, of

sound mind and memory, and not under any restraint.

Frank Kenyon.

Sworn to and subscribed by said witness in open Court, this

19 day of February A.D.1890.

N F. Overturf

{Seal} Probate Judge.



Journal Entry.

February. 19 1890.

In the Matter of the Will of

James H. Crumb-deceased. This day came Frank Kenyon. the

other subscribing witness to said Will

who being duly sworn, testified to the due execution and attesta=

tion of said Will, which testimony was reduced to writing, by

him subscribed and filed with said Will, whereupon the court

finds that the aforesaid instrument of writing is the last Will

and Testament of said James H. Crumb, deceased. That the

same was duly executed and attested; and that the said Testator

at the time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will be admitted

to probate, and that the same, together with the testimony of the wit=

nesses above named, as well as the proceedings had thereon, be enter=

ed of record in this Court. Citation ordered and issued to Elizabeth

M. Crumb, widow of said decedent to elect as to said Will, as re=

quired by law.

N.F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 537)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 537)

Description

[page 537]

[corresponds to page 471 of Delaware County Will Records Vol. 8 1887-1890]


471

James H. Crumb Estate

Last Will and Testament


In the Name of the Benevolent Father of All, Amen:

I, James H. Crumb, of the Tp. of Orange County of Dela=

ware, and State of Ohio. being about 66 years of age, and being of

sound and disposing mind and memory, Do Make, Publish and

Declare this my Last Will and Testament, hereby revoking and

making null and void all other last Wills and Testaments by

me made heretofore;

First:~ My Will is that all my just debts and funeral expenses

shall

be paid out of my Estate, as soon after my decease as shall be

found convenient.

Second:~ I Give, Devise and Bequeath to my beloved wife in lieu

of

her dower the farm on which we now reside. Situate in Orange

Township. Delaware County- Ohio. and in Range 18 Township

3. Sec. 2. Lot No.32. containing about 130 Acres, during her nat=

ural life: and all of the Stock, household goods, furniture, provis=

ions, and other goods and chattels which may be thereon, at the

time of my decease I give and bequeath to me absolutely. She how=

ever selling so much thereof as may be sufficient to pay my

just debts.

At the death of my said wife the Real Estate aforesaid I give

to my six children and to their heirs after them in equal part

or portions except to Harry J. Crumb, who is to have the use of 1/6

of the Real Estate, described above during his natural life and to

his heirs after him provided there are heirs born to him after this

time, then if he dies without having any more heirs born to him

then the share of said property devised to said Harry J Crumb,

is hereby devised, and bequeathed to my other five children in

equal portions, the names of the five being as follows. Mrs Eunice

Furniss Lyman Crumb - William Crumb - Hyland Crumb

and Julia Crumb

In Testimony Whereof, I have set my hand to this, my

Last Will and Testament, at Home, this 17 day of Dec. in the

year of our Lord, One Thousaid Eight Hundred and Eighty Nine.

J.F. Crumb. {Seal}

The foregoing Instrument was signed by the said J.H. Crumb

in our presence and by him published and declared as and for

his last Will and Testament, and at his request, andf in his

presence, and in the presence of each other, we hereunto subscribe

our Names as Attesting Witnesses at the Home, this 17

day of Dec. A.D.1889.

Frank Kenyon.resides at Lewis Center. O.

W.B. Hedges, resides at Delaware. o.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 538)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 538)

Description

[page 538]

[corresponds to page 472 of Delaware County Will Records Vol. 8 1887-1890]

472

James W Davies Will

Journal Entry.

February.22 1890.

In The Matter of the Will

of James W. Davies,deceased The day an instrument of writing, purporting

to be the last Will and Testament of James

W Davies, late of Radnor Township, in this County deceased, was produced

in open Court for Probate, On consideration whereof, it is ordered that

the said Will be filed in this Court, and that due notice thereof, and

of the application to admit the same to probate and record be given to

Sarah Jones - Anna Herbert - Lizzie Jones. Ruth Jones -

Alice Jones - Mattie Osborn and Edward D. Griffiths,

next of kin of the Testator, resident of the State of Ohio. that

said application will be for hearing before this Court on the 1

day of March. A.D.1890. at 2 o'clock P.M.

N.F. Overturf

Probate Judge .



Application for Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss


In the Matter of the last

Will and Testament of James Application to Admit to Probate .

M. Davies, deceased ~

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that James W. Davies, late a resident of the Township of Rad:

nor in said County, died on or about the 16 day of February. A.D.

1890 leaving an instrument in writing, hereto attached, purporting

to be his last Will and Testament; That the said James W.

Davies died leaving no widow and the following named persons his

only next of kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address.

Sarah Jones Niece Richwood. O.

Anna Herbert " Radnor "

Lizzie Jones " " "

Ruth Jones " " "

Alice Jones " " "

Mattie Osborn " " "

Edward D Griffiths Nephew " "


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified accord=

ing to law of the pending of said proceedings.

David Bevan.

The foregoing application was signed in my presence and sworn to

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 539)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 539)

Description

[page 539]

[corresponds to page 473 of Delaware County Will Records Vol. 8 1887-1890]



473

James W. Davies Will

before me, this 22 day of February. A.D.1890.

N.F. Overturf

Probate Judge.


Notice

The State of Ohio In Probate Court.

Delaware County.ss

In the Matter of the last Will and Testament

of James W Davies deceased.

To David Beven and David Davis:

You are hereby commanded to notify Sarah Jones. Mattie

Osborn and Edward D. Griffiths; that on the 22 day of Feb=

ruary. A.D.1890. an instrument of writing, purporting to be the

last Will and Testament of James W. Davies late of Rad=

nor Township, in said County, deceased, was produced in said

Court, and an application to admit the same to probate was on

the same day made in said Court. Said application will be

for hearing before this Court on the 1 day of March. A.D.1890,

at 2 o'clock P.M.,

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 22 day of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Return

The State of Ohio

Delaware County.ss. David Beaver being duly sworn, says

that on the 22 day of February. A.D.1890,

he served the within notice by delivering a true copy thereof to

the within named Alice Jones. Anna Herbert. Lizzie Jones _

Ruth Jones. Mattie Osborn and Edward D. Griffiths, and

served the same on Mrs. Sarah Jones on the 24 day of Febru=

ary 1890.

David Bevan.

Subscribed in my presence and sworn to before me this 1 day of

March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge.


Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss

Personally appeared in open Court David

W. Prichards and David Davis the subscribing witnesses to the

last Will and Testament of James W Davies late of Rad=

nor Township in said Delaware County deceased, who being

duly sworn according to law, to speak the truth, the whole truth,

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 540)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 540)

Description

[page 540]

[corresponds to page 474 of Delaware County Will Records Vol. 8 1887-1890]

474

James W. Davies Will

and nothing but the truth, in relation to the execution of said Will,

depose and say: That the paper before them bearing date the 26

day of December. A.D.1889, purporting to be the last Will and

Testament of James W. Davies now deceased, is the Will of

said deceased James W. Davies, that they were present at the

execution of said Will, and at the request of the Testator,

respectively

subscribed their names to the same as witnesses, in his presence,

that they saw the said James W. Davies deceased, sign and seal

said Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said James W. Davies at the

time of making, signing and sealing said Will, was of full age,

of sound mind and memory, and not under any restraint.

David W. Pritchard

David Davis

Sworn to and subscribed by said witnesses, in open Court, this 1

day of March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge.




Journal Entry.

March 1 1890.

In the Matter of the Will of

James W. Davies,deceased Be it remembered, that heretofore,

to-wit: on the

22 day of February. A.D.1890, an

instrument

of writing, purporting to be the last Will and Testament of James

W. Davies, late of Radnor Township, in this County, deceased, was

produced in open Court for probate, and was then filed. And, it

now being shown to the satisfaction of the Court, that due notice

of the filing of said Will, and of the application to admit the

same to probate and record in this Court, has been given to

Sarah Jones. Anna Herbert. Lizzie Jones. Ruth Jones -

Alice Jones- Mattie Osborn and Edward D Griffiths

next of kin of the Testator, resident of the State of Ohio, pursuant

to a former order of this Court; therefore, on this day came David

W. Pritchard and David Davis the subscribing Witnesses to

said Will, who being duly sworn, testified to the due execution

and attestation of said Will. Which testimony was reducedn to writ=

ing, by them respectively subscribed, and filed with said Will

whereupon

the Court finds that the aforesaid instrument of writing is th3e

last Will and Testament of said James W. Davies, deceased.

That the same was duly executed and attested; and that the said

Testator, at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory. and not under any restraint.

It is, therefore, by the Court ordered, that the said Will be ad=

mitted to probate, and that the same, together with the testimony

of the witnesses above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 541)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 541)

Description

[page 541]

[corresponds to page 475 of Delaware County Will Records Vol. 8 1887-1890]



475

James W. Davies Will

Copy of Will


Know all Men by these Presents that I James W. Davis, of

the Tp. of Radnor. Delaware County. State of Ohio. being in

ill health but of sound and disposing mind and memory do make

and publish this my last Will and Testament.

And as to my worldly estate and all the property personal of

which I shall die seized and possessed or to which I shall be

entitled at the time of my decease I devise bequeath and dispose

thereof in the manner following to-wit:

All my just debts and expenses shall first by my

Executors hereinafter named be paid our of my estate as soon

after my decease as shall by them be found convenient.

I devise and bequeath all my property to be divided equally

between my nephews & neices in this Country & Weals

except my neice Sarah Morgans which is to have double the

amount of any one of the other heirs.

I devise and bequeath to William Pritchard my watch ,

And lastly I do nominate and appoint David Davis & David

Bevan to be the Executors of this my last Will and Testament.

In testimony whereof I James W. Davis hereunto

set my hand & seal to this my last Will & Testament this

26 day Dec. A.D.1889.

James W. Davies {Seal}


Signed & sealed by the said James W. Davis in our presence

as his last Will and Testament & signed by us at his request

in his presence aned in the presence of each other as witnesses

on this 26 day of Dec. A.D.1889.

David W Pritchard

David Davis.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 542)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 542)

Description

[page 542]

[corresponds to page 476 of Delaware County Will Records Vol. 8 1887-1890]

476

James Cantwell's Will

Journal Entry

March 10 1890

In the Matter of the Will of

James Cantwell. deceased. This day an instrument of writing, pur=

porting to be the last Will and Testament

and Codicil thereto, of James Cantwell, late of Delaware

Township, in this County - deceased, was produced in open Court for

probate; on consideration whereof, it is ordered that the said Will be

filed in this Court . and that due notice thereof, and of the applic=

tion to admit the same to probate and record, be given to Celia

Shoub and Agnes Temple (John Cantwell having, in writing

waived Notice and consented to the probate of said Will) next of kin

of the Testator, resident of the State of Ohio, that said application

will be for hearing before this Court, on the 13 day of March. A.

D.1890. at 9 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio In Probate Court.

Dewlaware County.ss


In the Matter of the last Will

and Testament of James Can= Application to Admit to Probate.

well, deceased. ~

To the Hon. N.F. Overturf - Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that James Cantwell late of resident of the Township of Dela:

ware, in said County, died on or about the 10 day of February. A.D.

1890. leaving an instrument in writing. hereto attached, purporting to

be his last Will and Testament; That the said James Cant:

well died leaving no widow and the following named persons his only

next of kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address.

John Cantwell Son Delaware O.

Celia Sroub Daughter " "

Agnes Temple " " "


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

John Cantwell

The foregoing application was signed in my presence and sworn to be=

fore me, this 10 day of March. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 543)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 543)

Description

[page 543]

[corresponds to page 477 of Delaware County Will Records Vol. 8 1887-1890]


477
James Cantwell's Will

Waiver Filed March.10 1890.

I, the undersigned next of kin of the within named decedent. hereby

waive further notice, and consent to the probate of said Will.

Dated this 10 day of March. A.D.1890.

John Cantwell.


Notice

The State of Ohio In Probate Court.

Delaware County.ss.

In the matter of the last Will and Testament

of James Cantwell, deceased.

To John Cantwell:

You are hereby commanded to notify Celia Shoub and Agnes

Temple. that on the 15 day of March. A.D.1890. an instrument of

writing, purporting to be the last Will and Testament of James

Cantwell late of Delaware Township, in said County deceased,

was produced in said Court, and an application to admit the same

to probate was on the same day made in said Court. Said ap=

plication will be for hearing before this Court on the 13 day of March

A.D.1890. at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 10 day of March. A D.1890.

N .F Overturf

{Seal} Probate Judge


Proof of Service

The State of Ohio

Delaware County.ss. John Cantwell being duly sworn, says

that on the 10 day of March.A.D.1890, he

served the within notice by delivering a true copy thereof to the

within named Celia Shoub and Agnes Temple.

J. Cantwell

Subscribed in my presence and sworn to before me this 13 day of

March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss

Personally appeared in open Court John F.

Snodgrass and Q.D. Horr the subscribing witnesses to the last

Will and Testament and the Codicil of the same of James Cant=

well, late of Delaware Township in said Delaware County. de=

ceased; who being duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, in relation to the

execution of said Will, depose and say: That the paper before

them bearing date the 7 day of March A.D.1887 and said Cod=

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 544)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 544)

Description

[page 544]

[corresponds to page 478 of Delaware County Will Records Vol. 8 1887-1890]

478

James Cantwell's Will

icil dated Dec. 6 1888- purporting to be the last Will and Testament

of James Cantwell now deceased, is the Will and Codicil to his

Will, of said deceased, James Cantwell, that they were present

at the execution of said Will and Codicil, and at the request of the

Testator, respectively subscribed their names to the same as witness=

es, in his presence; that they saw the said James Cantwell, de=

ceased sign and seal said Will and Codicil, and heard him acknowl=

edge the same to be his last Will and Testament, and that the said

James Cantwell at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint.

John F. Snodgrass

Q.D. Horr

Sworn to and subscribed by said witnesses, in open Court, this 15

day of March. A.D.1890.

N.F. Overturf

Probate Judge


Journal Entry

March 13 1890.

In the Matter of the Will of

James Cantwell - deceased ~ Be it remembered, that heretofore,

to-wit:

on the 10 day of March. A.D.1890. an

instrument of writing, purporting to be the last Will and Testament

and Codicil thereto, of James Cantwell, late of Delaware

County, deceased, was produced in open Court for probate, and was

then filed. And, it now being shown to the satisfaction of the court,

that due notice of the filing of said Will, and of the application

to admit the same to probate and record in this court, has been

given to Celia Shoub and Agnes Temple (John Cantwell

having waived Notice) next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court; thereupon

came John F. Snodgrass and Q. D. Horr the subscribing wit=

nesses to said Will and Codicil thereto, who being duly sworn,

testified to the due execution and attestation of said Will and

Codicil

thereto, which testimony was reduced to writing is the last

Will and Testament and Codicil thereto of said James Cant=

well, deceased. That the same were duly executed and attested,

and that the said Testator, at the time of making, signing and

sealing said Will and Codicil thereto, was of full age, of sound

mind and memory, and not under any restraint. It is, there=

fore, by the Court ordered, that the said Will and Codicil thereto

be admitted to probate, and that the same, together with the tes=

timony of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 545)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 545)

Description

[page 545]

[corresponds to page 479 of Delaware County Will Records Vol. 8 1887-1890]



479

James Cantwell's Will

Copy of Will

I James Cantwell of Delaware, Delaware County. Ohio,

Gentleman make this my last Will and Testament.

I give, devise, bequeath my estate and property, real and personal,

as follows:

Item First I order and direct that all my just debts and funeral

expenses shall

be paid.

Item Second. I order that One Hundred Dollars shall be expended in

masses for the rest of the soul of my beloved wife and of myself af=

ter my death.

Item Third I give and bequeath to my daughter Celia Shoub One Hundred

Dollars to be paid oute of my estate.

Item Fourth I give and bequeath to my daughter Agnes Temple One Dollar

to be paid oute, of my estate.

Item Fifth I hereby devise, give and bequeath unto John Cantwell (my son)

and his heirs all of the remaining part of my estate both real

and personal.

Item Sixth I appoint John Cantwell (my son) of Delaware. Delaware County

Executor of this my Will, withoute bond.

In witness whereof, I have signed and seal=

ed and published and declared this instrument as my Will at Dela=

ware. Delaware Co. Ohio, on the seventh day of March. 1887.

his
James X Cantwell. (over)
mark

The said James Cantwell at said Delaware Delaware Co. Ohio.

on said March. 7. 1887. signed and sealed this instrument and published

and declared the same as and for his last Will and we at his request

and in his presence and in the presence of each other, have hereunto written

our names as subscribing witnesses.

John F. Snodgrass

Harry Donavain

Q.D. Horr


Codicil to this Will

Delaware. Ohio. Dec. 6.

1888.

Instead of Item Fourth herein, I give and bequeath to Agnes Tem=

ple my daughter One Hundred Dollars to be paid oute, of my

Estate. Provided however that in case of her death before my

demise, then this Codicil shall become void and my first Will within

shall remain as first written.
his

James X Cantwell {Seal}

mark


The said James Cantwell at said Delaware Ohio on said

Dec. 6. 1888. signed and sealed this Codicil to his Will and published

and declared the same as for his last intention and we at his request

and in his presence and in the presence of each other have hereunto

written our names as subscribing witnesses.

John F. Snodgrass

Serena Randell

Q.D Horr.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 546)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 546)

Description

[page 546]

[corresponds to page 480 of Delaware County Will Records Vol. 8 1887-1890]

480

4 6 4 7 Harriet R. Pierce Will

Journal Entry.

February. 22 1890.

In the Matter of the Will

of Harriet R. Pierce, decd This day, an instrument of writing, pur=

porting to be the last Will and

Testament

of Harriet R. Pierce, late of Berlin Township, in this County.

deceased, was produced in open Court for Probate, on consideration

whereof, it is ordered that the said Will be filed in this Court,

and thereupon came Major E. Pierce. husband and only next of kin

of said Testatrix, and in writing, waived further Notice, and

consented

to the Probate of said Will, and the hearing of said Will, is set

for the 8 day of March. A.D.1890, at 2 o'clock P.M.

N.F. Overturf

Probate Judge .


Application for Probate of Will.


The State of Ohio In Probate Court.

Delaware County.ss.

In the Matter of the last

Will and Testament of Application to Admit to Probate

Harriet R. Pierce,deceased.

To the Hon. N.F. Overturf. Judge of

Probate Court in and for said County:

Your petitioner respectfully represents

that Harriet R. Pierce, late a resident of the Township of Ber=

lin in said County, died on or about the 15 day of February A.

D. 1890. leaving an instrument in writing, hereto attached, purport=

ing to be her last Will and Testament: That the said Harriet

R. Pierce died leaving Major E. Pierce - widower her only next

of kin.

Your petitioner prays that a time may be fixed for the proving

of said Will.

Major E. Pierce

The foregoing application was signed in my presence and sworn to

before me, this 25 day of February. A.D.1890.

N.F. Overturf

{Seal} Probate Judge.


Waiver

Filed - February 25 1890.

I, the undersigned only next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said Will,

Dated this 25 day of February. A.D.1890.

Major E. Pierce
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 547)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 547)

Description

[page 547]

[corresponds to page 481 of Delaware County Will Records Vol. 8 1887-1890]



481

Harriet R. Pierce Will

Journal Entry

March. 8 1890

In the Matter of the Will of

Harriet R. Pierce. decd Be it remembered that heretofore, towit:

on the 25 day of February. A.D.

1890, an instrument of writing, purporting to be the last Will and

Testament of Harriet R. Pierce, late of Berlin Township in

this County deceased, was produced in open Court for probate,

and was then filed. And Major E. Pierce husband and only next

of kin of said Testatrix, having waived Notice, thereupon came

Clarinda Vinining [Vining], one of the subscribing witnesses to said

Will,

who being duly sworn, testified to the due execution and attestation

of said Will is continued to the 14 day of March. A.D.1890.

at 10 o'clock A.M., to take the testimony of Frances Vining, the

other subscribing witness to said Will

N.F. Overturf

Probate Judge.




Testimony of Clarinda Vining


In Probate Court ~ In the Matter of Proving the last Will and

Delaware County. Ohio. Testament of Harriet R. Pierce.deceased.


The State of Ohio

Delaware County.ss. Clarinda Vining, being duly sworn and exam=

ined as a witness in the above entitled

matter,

says: I was present at the execution of the instrument now

shown to me, bearing date the 2 day of December. A.D.1889,

and offered for probate as the last Will and Testament of Harriet

R. Pierce, late of Berlin Township, in said County of Delaware

deceased, and saw the said Harriet R. Pierce, now deceased

sign and seal said instrument, and heard her acknowledge the same

to be her last Will and Testament; and I, thereupon, at her

request, and in her presence, subscribed my name to the same

as a witness. The said decedent, at the time of making, sign=

ing and sealing said instrument, was of full age, of sound mind

and memory, and not under any restraint.

Clarinda Vining

Sworn to and subscribed by said witness in open court, this 8

day of March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 548)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 548)

Description

[page 548]

[corresponds to page 482 of Delaware County Will Records Vol. 8 1887-1890]

482

Harriet R. Pierce Will

Testimony of Frances Vining


The State of Ohio

Delaware County ss. Frances Vining, being duly sworn and ex=

amined as a witness in the above entitled

matter, says; I was present at the execution of the instrument

now shown to me, bearing date the 2 day of December- A.D. 1889_

and offered for probate as the last Will and Testament of Harriet

R. Pierce, late of Berlin Township, in said County of Dela=

ware, deceased, and saw the said Harriet R. Pierce now deceased,

sign and seal said instrument, and heard her acknowledge the same

to be her last Will and Testament; and I, thereupon, at her request,

and in her presence, subscribed my name to the same as a witness.

The said decedent, at the time of making, signing and sealing said

instrument, was of full age, of sound mind and memory, and not under

any restraint.

Frances Vining

Sworn to and subscribed by said witness in open Court, this 14 day

of March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge







Journal Entry

March.14 1890.

In the Matter of the Will of

Harriet R. Pierce . deceased

This day came Frances Vining. the

other

subscribing witness to said Will, who being duly sworn, testi=

fied to the due execution and attestation of said Will, which

testimony was reduced to writing. by her subscribed, and filed with

said Will. Whereupon the Court now finds that the aforesaid

instrument of writing is the last Will and Testament of said

Harriet R. Pierce, deceased. That the same was duly exe=

cuted and attested; and that the said Testatrix, at the time of

making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. It is, there=

fore, by the Court ordered, that the said Will be admitted to

probate, and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had thereon,

be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 549)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 549)

Description

[page 549]

[corresponds to page 483 of Delaware County Will Records Vol. 8 1887-1890]


483

Harriet R. Pierce Will

Copy of Will


I Harriet R. Pierce wife of Major E. Pierce of Berlin

Township. Delaware COunty - Ohio_do make and publish

this my last Will and Testament.


Item 1 It is my will that all my just debts and funeral expenses be

paid.

Item 2 I give devise and bequeath to my beloved husband Major E.

Pierce all my property both real & personal of every kind and

description whatsoever to have and to hold to him and his heirs

and assignes forever. The real estate I own at present therein

devised consists of about twenty five acres Situated in Berlin

Township Delaware County- Ohio - Bounded on the North

by Edward Rolosons land on the east by lands belonging to

the heirs of Elijah Shade, deceased, on the South by lands

of Hannah Wilson & David Benton on the West by George

L. Sacketts land & D. Bentons land.

Item 3 I do hereby nominate and appoint Major E. Pierce my hus=

band Executor of this my last WIll and Testament hereby

authorizing and empowering him to compromise adjust release

and discharge in such manner as he may deem proper the

debts and claims due me.

I desire that no appraisement and no sale of my personal

property be made and that the Court of Probate direct the

omission of the same in pursuance of the statute.

And I desire that no bond be required of my Executor.

In testimony hereof I have hereunto set my hand

and seal this second day of December. A.D.1889.

Harriet R. Pierce {Seal}

Signed and Acknowledged by said

Harriet R. Pierce as her last

Will and Testament in our pres=

ence and signed by us in her

presence.

Clarinda Vining

Frances Vining.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 550)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 550)

Description

[page 550]

[corresponds to page 484 of Delaware County Will Records Vol. 8 1887-1890]

484

John O. McDowell's Will

Journal Entry

March 18 1890.

In the Matter of the Will of

John O. McDowell, deceased This day, an instrument of writing,

purporting to be the last Will and

Testament of John O. McDowell, late of Delaware City, in

this County deceased, was produced in open Court for Probate _ on

consideration whereof, it is ordered that the said Will be filed

in this Court, and that due notice thereof, and of the application

to admit the same to probate and record, be given to Florence

McDowell . John Robert McDowell. Annie M. McDowell and

Mary W. McDowell- next of kin of the Testator, resident of the

State of Ohio - (Hettie McDowell widow - having waived No=

tice and consented to the probate of said Will ) that said application

will be for hearing before this Court on the 24 day of March.

A.D. 1890. at 9 o'clock A.M.

N.F. Overturf

Probate Judge.




Application for Probate of Will.


The State of Ohio In Probate Court

Delaware County.ss


In the Matter of the last Will

and Testament of John D. [O.] Application to Admit to Probate -

McDowell - decd

To the Hon. N.F. Overturf_ Judge

of the Probate Court in and for said County:

Your petitioner respectfully

represents

that John O. McDowell, late a resident of the Township of

Delaware in said County, died on or about the 12 day of March

A.D. 1890, leaving an instrument in writing, hereto attached pur=

porting to be his last Will and Testament: That the said

John O. McDowell died leaving Hettie W. McDowell his

widow and the following named persons his only next of kin

resident of the State of Ohio:

Name Degree of Kinship P.O. Address.

Florence McDowell Daughter Delaware.

O.

John Robert McDowell Son "

"

Annie M. McDowell Daughter "

"

Mary W McDowell " "

"


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be

notified according to law of the pending of said proceedings.

Hettie W. McDowell.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 551)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 551)

Description

[page 551]

[corresponds to page 485 of Delaware County Will Records Vol. 8 1887-1890]


485

John O. McDowell's Will

The foregoing application was signed in my presence and sworn to

before me, this 18 day of March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge .


Waiver

I, the undersigned Hettie W. McDowell, widow of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will.

Dated this 18 day of March. A.D.1890.

Hettie W. McDowell



Notice

The State of Ohio In Probate Court.

Delaware County.ss.

In the Matter of the last Will and Testament

of

John O. McDowell, deceased:

To Hettie W. McDowell: ~

You are hereby commanded to notify Florence McDowell_

John R. McDowell. Annie M. McDowell and Mary W. McDow:

ell, that on the 18 day of March. A.D.1890. an instrument of

writing, purporting to be the last Will and Testament of John

O. McDowell, late of Delaware Township, in said County de=

ceased, was produced in said Court, and an application to admit

the same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on the

24 day of March.A.D.1890.at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court.

at Delaware, Ohio. this 18 day of March.A D 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service.


The State of Ohio

Delaware County.ss Hettie W. McDowell - widow of John

McDowell -deceased- within named ~

being duly sworn, says that on the eighteenth day of March-

A.D.1890, she served the within notice by delivering a true

copy thereof to each of the within named Florence McDowell-

John R. McDowell- Annie May McDowell and Mary W

McDowell personally.

Hettie W. McDowell.

Subscribed in my presence and sworn to before me this 24 day

of March. A.D.1890.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 552)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 552)

Description

[page 552]

[corresponds to page 486 of Delaware County Will Records Vol. 8 1887-1890]

486

John D. [O.] McDowell's Will

Probate of Will

The State of Ohio In Probate Court.

Delaware County.ss

Personally appeared in open Court Mag=

dalena A. Wolfley and Homer M. Casper the subscribing witnesses

to the last Will and Testament of John O. [D.] McDowell, late of

Delaware Township in said Delaware County, deceased; who

being duly sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the execution of said

Will, depose and say: That the paper before them bearing date the

23 day of October. A.D.1889. purporting to be the last Will

and Testament of John O. [D.] McDowell, now deceased, is the Will

of said deceased, John O. [D.] McDowell, that they were present at

the execution of said Will, and at the request of the Testator.

respectively subscribed their names to the same as witnesses, in

his presence; that they saw the said John O. [D.] McDowell deceas=

ed sign and seal said Will, and heard him acknowledge the same to

be his last Will and Testament, and that the said John O. [D.] McDow=

ell at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any re=

straint.

Magdalena A. Wolfley

Home M. Casper.

Sworn to and subscribed by said witnesses, in open Court,

this 24 day of March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

March.24 1890.

In the Matter of the Probate and admission

to probate and record of the last Will and

Testament of John D. [O.] McDowell- late of

Delaware County-in the State of Ohio-deceased. A paper purporting to

be the

last Will and

Testament of

John O. [D.] McDowell, late of Delaware County. Ohio- deceased-

having been, on the 18 day of March. A.D.1890. filed in this court.

due notice of the filing thereof in writing, and of the time for the

hearing of the application for probate thereof, and that the hearing

thereof would be on the 24 day of March. A.D.1890. at 9 o'clock

A.M. was ordered by the Court to be given to Florence McDow=

ell - John Robert McDowell- Annie M. McDowell and Mary

W. McDowell- whom the Court finds to be residents of the State

of Ohio, and to be the only children and only heirs at Law of the said

John O. McDowell. widow of said John O. McDowell

deceased, served by true copy in writing, on each of said heirs, to-

wit:
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 553)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 553)

Description

[page 553]

[corresponds to page 487 of Delaware County Will Records Vol. 8 1887-1890]


487

John O. McDowell's Will

Florence McDowell. John R. McDowell. Annie M. McDowell and

Mary W. McDowell on said 18 day of March. A.D.1890 each per

sonally - and the Court further finds that said Notice was due and

sufficient - and the service thereof as aforesaid was in conformity to

law and to the order of this Court - and the Court doth hereby approve

the same. And now on this 24 day of March. A.D.1890. at 9 o'clock

A.M., came said Hettie W McDowell and the said paper purport=

ing to be the last Will and Testament of said John O. McDowell

late of said Delaware County. Ohio, deceased. (and whom the court

finds to have been a resident of this said Delaware County. at

the time of his death ) was again produced and presented to the court

herein for probate and record. and it appearing to the Court that

the said widow of said decedent and all the next of kin of the dece=

dent (and who survive him) resident of the State of Ohio, have

been duly notified of the presentation of said Will for probate and

record: thereupon - Homer M. Casper and Magdalena Wolfley -

the subscribing witnesses to said Will, appeared in open Court.

and were duly sworn and examined according to law, and their tes=

timony thereon was reduced to writing and filed according to law.

And it appearing to the Court from the testimony so taken

that the said paper purporting to be the said last Will and Tes=

tament of said John O. McDowell - deceased, was duly attest=

ed and executed and, that the Testator, John O. McDowell,

at the time of executing the same, was of full age, and of sound mind

and memory and not under any restraint, the Court now finds

said paper to be the Will of said John O. McDowell and admits

the said Will to probate, and orders the same, together with the

testimony so taken, to be recorded, according to the statute in

such case made and provided.

Citation ordered and issued to Hettie W. McDowell, widow of

said decedent to elect as to said Will, as required by law - and

thereupon came said Hettie W. McDowell - widow - and in writing

acknowledged service of the said Citation, and the same was filed

herein.

N.F. Overturf

Probate Judge.


Copy of Will

I, John O. McDowell- Physician of the City of Delaware-

in Delaware County- in the State of Ohio, being of lawful age,

and of sound and disposing mind and memory, and under no restraint

do make and publish this my last Will and Testament, hereby

revoking and annulling any and all wills heretofore, at any time made

by me, and declaring and publishing this to be my last will and

testament.

Item 1 It is my will that all statutory allowances to my wife, and all

my just and lawful debts, and my funeral expenses be paid, and

that they be so paid in the order provided by the Laws of Ohio in

cases of intestacy.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 554)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 554)

Description

[page 554]

[corresponds to page 488 of Delaware County Will Records Vol. 8 1887-1890]

488

John O. McDowell's Will

Item 2 I hereby give devise and bequeath to my beloved wife Hettie W.

McDowell-

all the rest and residue of my property of every description, whether

real personal or mixed of which I may be the owner or possessed of

or entitled to either at law or in equity at the time of my decease, and

all my right title and estate at Law or in equity to any property of

every kind and description, to be hers abosolutely, and all monies, book

accounts, promissory notes, choses in action, stocks, shares, options and

all other rights and property belonging or appertaining to me at my de=

cease and all my estate therein, absolutely. And nothing herein giv=

en or intended, or is to be construed to be in lieu of my said wife's

dower or homestead rights in my property or estate, nor in lieu of

her statutory allowance for years support for herself and minor child=

ren as is provided by the laws of Ohio, nor in lieu of any of her stat=

utory rights and allowances, but are given in addition to all the

statutory rights, allowances and privileges she would be entitled to

under the laws of Ohio - if I were to die intestate, and nothing

herein shall abridge or impair them.

Item 3 It is my will that there be no sale by my Executor of any of

my property under any order of any Court and I so request.

Item 4 I hereby nominate and appoint my beloved wife Hettie W.

McDowell to be the Executrix of this my last will and testament:

and I request of the Court that she may not be required to give

bond as such Executrix.

In testimony whereof I hereunto subscribe my name

and affix my scroll seal at said City of Delaware on this twenty

third day of October - in the year of our Lord One Thousand Eight

Hundred and Eighty Nine.

Jno. O. McDowell. {Seal}

Signed sealed and declared and published by the above named

John O. McDowell - the Testator - to be his last Will and

Testament, in our presence and signed by us, each respect=

ively as witnesses, at his request, and in his presence and in the

presence of each other, this 23 day of October . A.D.1889.

Magdalena A. Wolfley Witnesses.

Homer M. Carper. [Casper]

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 555)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 555)

Description

[page 555]

[corresponds to page 489 of Delaware County Will Records Vol. 8 1887-1890]


489

Mariah Debolt's Will

4 6 81 Journal Entry

March. 18 1890.

In the Matter of the Will

of Mariah Debolt-deceased. This day, an instrument of writing,

purporting to be the last Will and Testa=

ment of Mariah Debolt, late of Thompson Township in this Coun=

ty - deceased - was produced in open Court for Probate - on considera=

tion whereof, it is ordered that the said Will be filed in this Court-

and that due notice thereof, and of the application to admit the same

to probate and record, be given to Mary B. Davis - Lucina A.

Debolt and Rebecca V. Domigan next of kin of the Testatrix,

resident of the State of Ohio. (Wiliam Debolt - widower of Tes=

tatrix, having in writing, waived further notice and consented to the

probate of said Will) that said application will be for hearing be=

fore this Court and on the 26 day of March. A.D.1890. at 10 o'clock

A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio In Probate Court.

Delaware County.ss.


In the Matter of the last

Will and Testament of Application to Admit to Probate.

Mariah Debolt. deceased.

To the Hon. N.F. Overturf. Judge of

the Probate Court in and for said County:

Your petitioner respectfully

represents


that Mariah Debolt late a resident of the Township of Thompson

in said County, died on or about the 31 day of January. A.D.

1890. leaving an instrument in writing, hereto attached, purporting to

be her last Will and Testament; That the said Mariah Debolt

died leaving William Debolt widower and the following named per=

sons her only next of kin resident of the State of Ohio:

Name Degree of Kinship P.O. Address.

Mary B. Davis Daughter Richwood O.

Lucina A. Debolt " " "

Rebecca V. Domigan " Twinsburg .O

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac=

cording to law of the pending of said proceedings

Wm Debolt.

The foregoing application was signed in my presence and sworn to

before me, this 18 day of March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 556)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 556)

Description

[page 556]

[corresponds to page 490 of Delaware County Will Records Vol. 8 1887-1890]

490

Mariah Debolt's Will

Waiver

I, the undersigned widower of the within named decedent, hereby waive furth=

er notice, and consent to the probate of said Will.

Dated this 18 day of March. A.D.1890.

Wm Debolt.


Notice

The State of Ohio In Probate Court

Delaware County.ss

In the matter of the last Will and Testament of Mariah

Debolt, deceased.

To Wm Debolt:~ You are hereby commanded

to notify Lucina Debolt _ Rebecca V. Domigan and Mary B. Davis

that on the 18 day of March. A.D. 1890. an instrument of writing, pur=

porting to be the last Will and Testament of Mariah Debolt, late of

Thompson Township, in said County, deceased, was produced in said

Court, and an application to admit the same to probate was on the same

day made in said Court. Said application will be for hearing before

this Court on the 25 day of March.A.D.1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court, at Del=

aware, Ohio, this 18 day of March. A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service

The State of Ohio

Delaware County.ss Wm Debolt being duly sworn, says that on the 19

day of March. A.D.1890. he served the within notice

by delivering a true copy thereof to the within named Lucina A. Debolt-

Mary B. Davis and Rebecca V Domigan.

Wm Debolt

Subscribed in my presence and sworn to before me this 26 day of

March.A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Probate of Will

The State of Ohio In Probate Court

Delaware County.ss.

Personally appeared in open Court A.A. Maize

and A.F. Hoskins the subscribing witnesses to the last Will and

Testament

of Mariah Debolt, late of Thompson Township in said Delaware Coun=

ty, deceased; who being duly sworn according to law, to speak the truth,

the whole truth, and nothing but the truth, in relation to the

execution of said Will, depose and say: That the paper before them bearing date the

25 day of August A.D.1884. purporting to be the last Will and Tes=

tament of Mariah Debolt, now deceased, is the Will of said deceased

Mariah Debolt, that they were present at the execution of said Will,

and at the request of the Testatrix, respectively subscribed their

names to the same as witnesses, in her presence; that they saw the said Mariah

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 557)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 557)

Description

[page 557]

[corresponds to page 491 of Delaware County Will Records Vol. 8 1887-1890]


491

Mariah Debolt's Will

Debolt deceased, sign and seal said Will, and heard her acknowledge the

same to be her last Will and Testament, and that the said Mariah

Debolt at the time of making. signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

A.A. Maize

A.F. Hoskins

Sworn to and subscribed by said witnesses, in open Court - this 26 day

of March. A.D.1890.

N.F. Overturf

Probate Judge.


Journal Entry

March.26 1890.

In the Matter of the Will }

of Mariah Debolt-deceased } Be it remembered, that heretofore,

to-wit: on the

18 day of March. A.D.1890. an instrument

of writing, purporting to be the last Will and Testament of Mariah Debolt

late of Thompson Township. in this County deceased, was produced in

open Court for Probate; and was then filed. And, it now being

shown to the satisfaction of the Court, that due notice of the filing of

said Will, and of the application to admit the same to probate and record

in this Court, has been given to Mary B. Davis. Lucina A. Debolt

and Rebecca V. Domigan next of kin of the Testatrix, resident of the

State of Ohio, pursuant to a former order of this Court, (William De-

bolt, widower of said Mariah Debolt having waived Notice)., thereupon, on

this day came A.A. Maize and A.F Hoskins the subscribing wit=

nesses to said Will, who being duly sworn, testified to the due execution

of said Will, which testimony was reduced to writing, by them respec=

ively subscribed and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and

Testament of said Mariah Debolt, deceased, That the same was duly executed

and attested; and that the said Testatrix, at the time of making,

signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the Court

ordered, that the said Will be admitted to probate, and that the

same, together with the testimony of the witnesses above named, as

well as the proceedings had thereon, be entered of record in this

Court. ~ Citation ordered and issued to William Debolt, widower

of said decedent to elect as to said Will, as required by law and there=

upon the said William Debolt, in writing, acknowledged service of

the within Citation, and the same is filed herein.

N.F. Overturf

Probate Judge.


Copy of Will

In the name of the Benevolent Father of All, I Mariah De=

bolt of the County of Delaware and State of Ohio and being of sound

mind and knowing the uncertainty of life and the certainty of death I

do make and publish this my last will and testament.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 558)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 558)

Description

[page 558]

[corresponds to page 492 of Delaware County Will Records Vol. 8 1887-1890]

492

Mariah Debolt's Will

Item 1 I give and bequeath my body to the dust and my soul to the God who

gave it.

Item 2 Devise and bequeath to my beloved daughter Lucina A. Debolt my

Farm lying and being in Thompson Township. Delaware County. Ohio -

and known as the Adam Smith Farm and containing Seventy Five

Acres of Land more or less and in case of the said Lucina A.

Debolt's death and if she should die without bodily heirs then the

same shall go to my daughter Mary B. Davis and in case of her

death then the said Seventy Five Acres of Land shall be equally

divided among the children of the said Mary B. Davis and in case

said Land could not be divided without injury to said Land or in

the division of the same it would do injustice to any of said children

then the same may be sold and the proceeds equally divided among

said children

Item 3 In case I should be the owner of any personal property at the time of

my decease I give the same to my daughter Lucina A. Debolt and

in case of her death the same shall go to my Daughter Mary B.

Davis reserving enough out of said Land and personal property if

it should become necessary to pay any debts or to pay expences of

sickness or burial expences.

Item 4. I give and bequeath to my three daughters - namely - Lucina A.

Debolt - Mary B. Davis - and Rebecca Domegan all of my wear=

ing apparel or clothing after my decease to be divided equally be=

tween them and in case of the death of either of them the same

shall be divided between the others.

Item 5. I desire that no appraisement and no sale of my personal

property - should I be the owner of any at the time of my de=

cease, but dispose as set forth in the third and fourth item and that

the Court of Probate direct the same in pursuance of the stat=

ute.

I hereby revoke all former Wills by me made.

In testimony hereof I have hereunto set my hand and seal this

the 28th day of August 1884.

Mariah Debolt. {Seal}


Signed and acknowledged by the said Mariah Debolt as her

last Will and Testament in our presence and signed by us in her

presence and at her request.

A.A.Maize

A.F.Hoskins.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 559)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 559)

Description

[page 559]

[corresponds to page 493 of Delaware County Will Records Vol. 8 1887-1890]



493

Mary Davies Will

Journal Entry.

February. 14 1890. }

In the Matter of the Will }

of Mary Davis - deceased } This day, an instrument of writing, pur=

porting to be the last Will and Testament of

Mary Davies, late of Radnor Township - in this County - deceased, was

produced in open Court for Probate, On consideration whereof, it is

ordered that the said Will be filed in this Court - and that due notice

thereof, and of the application to admit the same to probate and record, be

given to Martha Breese - Henry L. Davies - Richard Thomas - James

Thomas - Mary Thomas - William H. Davies, next of kin of the

Testator, resident of the State of Ohio, that said application will

be for hearing before this Court on the 1st day of March A..D.

1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the last }

Will and Testament of } Application to Admit to Probate.

Mary Davies - deceased. }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Mary Davies, late of resident of the Township of Radnor in said

County, died on or about the day of A.D. 18__ , leaving

an instrument in writing, hereto attached, purporting to be her last

Will and Testament; That the said Mary died leaving no

widower and the following named persons her only next of kin res=

idents of the State of Ohio:


Name Degree of Kinship P.O. Address.

Martha Breese Daughter Delphos

Henry L. Davies Grandson Do

Richard Thomas Grandson Alaska Vanment Co. O.

James Thomas Grandson Do

Mary Thomas Grand daughter Do.

William H. Davies Grandson Delphos Allen Co. O.

James R. Davies Son. Wichata Kansas

William P. Davies Son. Omaha Neb.

Edward Davies Grandson. Gerard. Kan.

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

James R. Davies

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 560)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 560)

Description

[page 560]

[corresponds to page 494 of Delaware County Will Records Vol. 8 1887-1890]

494

Mary Davies Will

The foregoing application was signed in my presence and sworn to

before me, this 5th day of February A.D.1890.

Edward B. Rood

{Seal} Notary Public-

Commission expires April 27th 1890.


State of Kansas }

Sedgwick County.ss. } I, C.H. Luling, Clerk of the District

Court of the 18th Judicial District of the State

of Kansas, within and for said County of Sedgwick, the same being

a Court of Record, do hereby certify that Edward B. Rood whose

name is signed to the annexed application as Notary Public, was, at

the time of signing the same , an acting Notary Public, duly commis=

sioned and qualified as such for said County of Sedgwick, and author=

ized by the laws of Kanses to take the same; and that I am well

acquainted with his hand writing, and believe his signature thereto is

genuine; and that the same is in conformity with the laws of Kansas.

In Testimony Whereof, I have hereunto set my hand

and fixed the seal of said Court, at my office at Wichita Kan=

sas, this the 6th day of Feby. A.D.1890.

C.H. Luling. Clerk.

{Seal} By J.V. Kingle Deputy


Notice


The State of Ohio In Probate Court.

Delaware County.ss

In the Matter of the last Will and Testament

of Mary Davies, deceased.

To Martha Breese:~ You are hereby

notified that on the 14th day of February A.D.1890 an instrument

of writing, purporting to be the last Will and Testament of Mary

Davies late of Radnor Township, in said County - deceased_

was produced in said Court, and an application to admit the same

to probate was on the same day made in said Court. Said ap=

plication will be for hearing this Court on the 1 day of March.

A.D.1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware. Ohio, this 14th day of February A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


I, the undersigned person within named hereby acknowledge ser=

vice of the within notice this 18th day of February A.D.1890.

Martha Breese.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 561)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 561)

Description

[page 561]

[corresponds to page 495 of Delaware County Will Records Vol. 8 1887-1890]



495

Mary Davies Will

Notice

The State of Ohio }
Delaware County }

In the Matter of the last Will and Testament

of Mary Davies deceased

To Henry L. Davies You are hereby

notified that on the 14th day of February A.D. 1890 an matter

ment of writing, purporting to be the last Will and Testament of

Mary Davies, late of Radnor Township, in said County, de=

ceased, was produced in said Court, and an application to admit

the same to probate was on the same day made in said Court.

Said application will be for hearing before the Court on the

1st day of March A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said

Probate Court, at Delaware, Ohio, this 14th day of February.

A.D.1890.

{Seal} N.F. Overturf

Probate Judge.


I the undersigned person within named hereby acknowledge ser=

vice of the within notice this 18th day of February A.D. 1890

Henry L. Davies.


Notice


The State of Ohio } In Probate Court

Delaware County.ss. }

In the matter of the last Will and Testament

of Mary Davies deceased-

To Richard Thomas:~ You are hereby

notified that on the 14th day of February. A.D.1890. an instru=

ment of writing, purporting to be the last Will and Testament

of Mary Davies late of Radnor Township, in said County de=

ceased. was produced in said Court, and an application to admit

the same to probate was on the same day made in said court,

Said application will be for hearing before this Court on the

1st day of March A.D. 1890, at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 14th day of February A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


I, the undersigned person within named hereby acknowledge service

of the within notice this 21st day of February A.D. 1890.

Richard Thomas.

By John Darnell.

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 562)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 562)

Description

[page 562]

[corresponds to page 496 of Delaware County Will Records Vol. 8 1887-1890]

496

Mary Davies Will

Notice


The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and Testament

of Mary Davies, deceased.

To James Thomas: ~ You are hereby

notified that on the 14th day of February A.D. 1890. an instrument

of writing, purporting to be the last Will and Testament of Mary Da=

vies, late of Radnor Township, in said County-deceased- was pro=

duced in said Court, and an application to admit the same to

probate was on the same day made in said Court. Said appli=

cation will be for hearing before this Court on the 1st day of March.

A.D.1890. at 10 o'clock. A.M.,

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 14 day of February.A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


I, the undersigned person within named hereby acknowledge ser=

vice of the within notice this 21st day of February A.D.1890.

James Thomas.

By John Darnell

his Atty.


Notice

The State of Ohio In Probate Court.

Delaware County ss

In the Matter of the last Will and Testament

of Mary Davies deceased.

To Mary Thomas:~ You are hereby notified

that on the 14th day of February A.D. 1890. an instrument of

writing, purporting to be the last Will and Testament of Mary Da=

vies late of Radnor Township, in said County -deceased, was pro=

duced in said Court, and an application to admit the same to

probate was on the same day made in said Court. Said

application will be for hearing before this Court on the 1st day of

March A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Pro=

bate Court at Delaware. Ohio. this 14th day of February A.D. 1890

N.F. Overturf

{Seal} Probate Judge


I, the undersigned person within named hereby acknowledge ser=

vice of the within notice this 21st day of February A.D. 1890.

Mary Thomas

By John Darnell.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 563)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 563)

Description

[page 563]

[corresponds to page 497 of Delaware County Will Records Vol. 8 1887-1890]



497

Mary Davies Will

Notice


The State of Ohio } In Probate Court.

Delaware County.ss. }

In the Matter of the last Will and Testament

of Mary Davies - deceased.

To William H. Davies:~ You are hereby

notified that on the 14th day of February A.D. 1890. an instru=

ment of writing, purporting to be the last Will and Testament of

Mary Davies, late of Radnor Township, in said County, de=

ceased, was produced in said Court, and an application to admit

the same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on the

1st day of March A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware. Ohio . this 14th day of February A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


I, the undersigned person within named hereby acknowledge service

of the within notice this 18th day of February A.D. 1890.

William H. Davies.


Testimony of Wm Prichard & John A. Cone

Filed March 1

1890.

In Probate Court In the Matter of Proving the last Will and

Delaware County, Ohio. Testament of Mary Davies. deceased.


The State of Ohio

Delaware County.ss. Wm Prichard. being duly sworn and examined

as a witness in the above entitled matter,

say: I was present at the execution of the instrument now

shown to me, bearing date the 23rd day of December A.D. 1880.

and offered for probate as the last Will and Testament of Mary

Davies, late of Radnor Township. in said County of Delaware,

deceased, and saw the said Mary Davies, now deceased sign and seal

said instrument, and heard her acknowledge the same to be her

last Will and Testament; and I, thereupon, at her request, and

in her presence, subscribed my name to the same as a witness.

The said decedent, at the time of making, signing and sealing

said instrument, was of full age, and not under any restraint.

Wm Prichard


Sworn to and subscribed by said witness in open Court, this

1st day of March. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 564)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 564)

Description

[page 564]

[corresponds to page 498 of Delaware County Will Records Vol. 8 1887-1890]

498

Mary Davies Will

The State of Ohio

Delaware County.ss. John A. Cone being duly sworn and exam=

ined as a witness in the above entitled matter,

says: I was present at the execution of the instrument now shown to

me, bearing date the 1st day of March A.D. 1880, and offered for pro=

bate as the last Will and Testament of Mary Davies, late of Rad=

nor Township, in said County of Delaware, deceased, and saw the

said Mary Davies, now deceased, sign and seal said instrument,

and heard her acknowledge the same to be her last Will and Testa=

ment; and I, thereupon, at her request, and in her presence, sub=

scribed my name to the same as a witness. The said decedent, at

the time of making, signing and sealing said instrument, was of full

age, of sound mind and memory, and not under any restraint.

Jno. A. Cone

Sworn to and subscribed by said witness in open Court, this 1st

day of March A.D.1890.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

March 1 1890.

In the Matter of the Will

of Mary Davies, deceased. Be it remembered, that heretofore, to=

wit: on the 14th day of February A.D.

1890, an instrument of writing, purporting to be the last Will

and Testament of Mary Davies, late of Radnor Township

in this County deceased, was produced in open Court for probate -

and was then filed. And, it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will, and of the

application to admit the same to probate and record in this Court,

has been given to Martha Breese- Henry L. Davies - Richard

Thomas - James Thomas - Mary Thomas- William H.

Davies-next of kin of the Testatrix, resident of the State of

Ohio, pursuant to a former order of this Court, and thereupon

came Wm Prichard one of the subscribing witnesses to said

Will, who being duly sworn, testified to the fact that he was

present at the execution of the instrument now shown to him,

bearing date the 23rd day of December A.D. 1880. and offered

for probate as the last Will and Testament of Mary Davies late

of Radnor Township, in said Delaware County- deceased, and

saw the said Mary Davies, now deceased, sign and seal said

instrument, and heard her acknowledge the same to be her last

Will and Testament; and that he thereupon at her request, and

in her presence, subscribed his name to the same as a witness, and

that said decedent, at the time of making, signing and sealing said

instrument, was of full age, and not under any restraint, but said

William Prichard refused to testify that the said Mary Davies

was of sound mind and memory at the time of executing said Will.

Also at the same time came Jno. A. Cone the other
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 565)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 565)

Description

[page 565]



[corresponds to page 499 of Delaware County Will Records Vol. 8 1887-1890]

499

Mary Davies Will

subscribing witness to said Will, who being duly sworn testified

to the due execution and attestation of said instrument, and that the

said decedent, at the time of making, signing and sealing said

instrument, was of full age, of sound mind and memory and not

under any restraint, which testimony was filed.

Whereupon the Court now continues the further hearing of

said Instrument until Tuesday the 1st day of April A.D.

1890. at 10 o'clock A.M., that further testimony may be offered

concerning the proof of said Will, if so desired, by parties interest=

ed.

N.F. Overturf

Probate Judge.


Testimony of

Sarah Watkins ~ Mary A. Bunford & David W. Jones.


In Probate Court } Filed April 1 1890.

Delaware County.Ohio }


In the Matter of proving the }

last Will and Testament of }

Mary Davies. deceased. }


The State of Ohio }

Delaware County.ss } Personally appeared in open Court Sarah

Watkins - Mary A. Bunford & David W.

Jones who being duly sworn according to law to speak the truth,

the whole truth and nothing but the truth, and being examined as

witnesses in the above entitled matter, say: They were well and

intimately acquainted with Mary Davies, widow of Rev. James

Davies, both late of Radnor - Delaware County. Ohio.

That they have all read the Will of the said Mary Davies

now here offered for probate and record [two words crossed out], and from the

references to bequests, children, grandchildren and legacies, and

the witnesses to said Will, that the Testatrix in said Will,

Mary Davies, is the Mary Davies of whom they refer and with

whom they were well and intimately acquainted, at the date of said

Will, December 23rd 1880. and for at least ten years prior to

said date, that during said ten years they all resided within a

short distance from said Testatrix. Mary Davies and saw her fre=

quently, as often as once in a week, and held frequent social con=

versations with said Mary Davies, They say that they, by said

contact and intimately social relation knew as much of the mental

ability of Mary Davies, during said ten years as friends and

constant associates can know, or do usually know of each other.

And they, said affiants, say that at the date, December

23rd 1880, said Testatrix. Mary Davies was of sound mind and

memory and fully competent to transact business and dispose of

property. Affiants say they knew said mental soundness
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 566)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 566)

Description

[page 566]

[corresponds to page 500 of Delaware County Will Records Vol. 8 1887-1890]

500

Mary Davies Will.

existed from the year 1881. back during their acquaintance with said

Mary Davies, as early as 1875

Sarah Watkins

Mary A Bunford

David W. Jones.

Sworn to before me and subscribed in my presence by the above

named Sarah Watkins - Mary A. Bunford and David W. Jones

this 1st day of April 1890.

N.F Overturf

{Seal} Probate Judge


Testimony of D. A.Evans

Filed April 1st 1890.

In Probate Court }

Delaware County. Ohio. } In the Matter of proving the last Will and

Testament of Mary Davies - deceased.

The State of Ohio }

Delaware County.ss } Personally appeared in open Court Rev. D.

A. Evans, who on affirmation according

to law, says he has resided in Radnor Delaware County. Ohio-

since July. 1879. to the present time, and had charge of Congre=

gational Church at that place_ and during that time until a=

bout 1881 or later; was well and very intimately acquainted with

Mary Davies, that she was a member of his congregation, and

widow of a former pastor of the same Church and congregation,

and by reason of said pastorate relation and frequent conversa=

tions, he is well qualified to know of the mental soundness of

said Mary Davies. Affiant says he has read the Will of

said Mary Davies and from the references to children and

grand-children therein, she is the person of whom he refers.

Affiant now says from his knowledge of said Mary Davies

as aforesaid, that on the 23rd day of December 1880 said Mary

Davies was of sound mind and memory and fully competent to

transact business and dispose of property and that said mental

ability existed during the period herein named, to-wit: from

July. 1879. until as late as 1881 - further Affiant saith

not.

D.A.Evans.

Solemnly affirmed to before me and subscribed in my pres=

ence this 1st day of April A.D.1890 by the above named

D.A.Evans.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 567)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 567)

Description

[page 567]

[corresponds to page 501 of Delaware County Will Records Vol. 8 1887-1890]



501

Mary Davies Will

Journal Entry

April.1 1890. }

In the Matter of the Will }

of Mary Davies - deceased } The hearing of the instrument purporting

to be the last Will and Testament of

Mary Davies, late of Radnor Township, in this County deceased.

having been continued to this date ~ Thereupon came Martha

Breese, one of the next of kin of said Testatrix and submitted for

witnesses in this matter Sarah Watkins - Mary A. Bunford -

David W. Jones. and D.A.Evans , who were duly sworn ac=

cording to law and examined touching the soundness of mind and

memory of said Mary Davies, deceased, at the time of executing

said instrument purporting to be her last Will and Testament,

which testimony was reduced to writing, by them respectively

subscribed and filed with said Will. Whereupon the Court

finds from the evidence of said Sarah Watkins - Mary A.

Bunford - David W. Jones and D.A.Evans ~ and the evidence

of Wm Prichard and Jno. A. Cone heretofore taken on the 1st day

of March A.D. 1890. that the aforesaid instrument of writing is

the last Will and Testament of said Mary Davies, deceased.

That the same was duly executed and attested; and that the said

Testatrix, at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any restraint.

It is therefore by the court ordered, that the said Will be ad=

mitted to probate, and that the same, together with the testimony of

the witnesses above named, as well as the proceedings had thereon be

entered of record in this Court.

N.F. Overturf

Probate Judge.


Copy of Will


In the name of the Benevolent Father of All, Amen. I

Mary Davies, of Radnor, in the County of Delaware and State

of Ohio, being of sound and disposing mind and memory, do make and

publish the following as my last Will and Testament.


Item 1 I will and bequeath to my Grand -daughter Emma Breese - One

Hundred Dollars, to be paid to her by my Executor hereinafter

named, within five years after my decease, or as soon after my de=

cease as my said Executor may think best for her interest, pro=

vided however, that the same shall be paid within said period of

Five years after my decease: and also, I will, give and bequeath

to my said Grand-daughter Emma Breese, one half of my

Household Furniture, including Beds Bedding and Carpets.

Item 2 I give devise and bequeath to my daughter Martha my

Graphic Stove, and also, one half of my Household Furniture,

including Beds, Bedding and Carpets with the further direct=

ion that at the decease of my said daughter Martha, said Graphic
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 568)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 568)

Description

[page 568]

[corresponds to page 502 of Delaware County Will Records Vol. 8 1887-1890]


502

Mary Davies Will

Stove" shall become the property of her daughter Emma:

Item 3rd I give and bequeath to my Grand son Henry L. Davies One Hun=

dred Dollars, to be paid him by my said Executor, at his discretion,

within Five years after my decease.

Item 4th I give and bequeath to each of the two sons of my son Benjamin

Twenty Dollars, to be paid them by my said Executor when they

shall become of age, in case they shall not have become of age at

my decease.

Item 5th I give and bequeath to each one of the children of my daughter Sa=

rah, one Dollar.

Item 6th I give and bequeath to my two sons James R. and William P.

and to my daughter Martha, all my Books to be equally divided

between them.

Item 7th I give, devise and bequeath all the remainder of my

property after

paying the aforenamed legacies and bequests, and also my funeral

expenses and costs of administration etc., which I may have at

the time of my decease both personal and real, to my sons James

R. & William P. and to my daughter Martha, and to my two Grand-

sons, the sons of my son Benjamin, to be divided among them in

the following manner, to-wit: to my son James One fourth part:

to my son William one fourth part: to my daughter Martha

one fourth part: and to the said two sons of my son Benjamin one

fourth part to be equally divided between them. said portion of my

said two grand sons to be held in trust for them by my said Execu=

tor until they shall become of age, in case they are not of age at my

decease.

Item 8 I hereby appoint and constitute my son James R. Davies.

Executor

of this my last Will and Testament, and I hereby direct that he be

authorized to act as such, and to carry out the provisions of this my

said Will without giving Bond as Executor, and I also direct that

there be no appraisement of sale of any part of my estate by order of

any Court, but I hereby authorize and empower my said Executor, at

any time after my decease, to sell, at public or private sale, as he may

deem best, for the interest of the parties concerned, any and all, of the Real

Estate which I may own at the time of my decease, and also any per=

sonal property which I may have at my decease, and which shall

not have been specifically bequeathed.

Signed sealed and published. as my last Will and Testament, this

23rd day of December A.D. 1880.

Mary Davies. {Seal}

Signed by the said Mary Davies in our presence, and by her ac=

knowledged as her last will and testament in our presence and hearing

and signed by us as witnesses thereto, at her request, and in her

presence and in the presence of each other, on the date above written.

Wm Prichard

Jno. A. Cone.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 569)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 569)

Description

[page 569]

[corresponds to page 503 of Delaware County Will Records Vol. 8 1887-1890]



503

Harvey Gillet's Will

Journal Entry

April 15rh 1890.

In the Matter of the Will of }

Harvey Gillet -deceased- } This day. an instrument of writing.pur=

porting to be the last Will and Testament

of Harvey Gillet, late of Marlborough Township. in this County. de=

ceased, was produced in open Court for Probate: On Consideration

Whereof it is ordered that the said Will be filed in this Court.

And thereupon came Elizabeth Gillet and Harles O. Gillet -next

of kin of the Testator, and in writing waived Notice and consented to

the probate of said Will. Whereupon it is ordered that Notice

be given to Clinnie Brown and Nellie Crown, the other only next

of kin of said Testator, resident of the State of Ohio; and it appear=

ing to the Court that said Clinnie Brown and Nellie Brown

are minors under fourteen years of age, it is also ordered that Notice

be given to the father of said minors with whom they reside, that

said Instrument has been filed in this Court- and that said

application to admit the same to probate. and record will be heard

in said Court on the 26th day of April A.D. 1890 at 11 o'clock

A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss. }


In the Matter of the last }

Will and Testament of } Application to Admit to Probate

Harvey Gillet -deceased. }

To the Hon. N.F.Overturf Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that Harvey Gillet late a resident of the Township of Marl=

borrow in said County. died on or about the 6th day of April

A.D 1890 leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament; That the said

Harvey Gillet died leaving Elizabeth Gillet, widow and the

following named persons his only next of kin resident of the State

of Ohio,


Name Age of Minors Degree of Kinship P.O. Address.

Allen V. Gillet Son Norton O.

Edson B. Gillet Son " O

Harles O. Gillet Son " O

Albert N. Gillet Son Ashley O

Clinnie Brown 12 Grand daughter Hixville Ohio

Nellie Brown 1 Grand daughter " "
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 570)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 570)

Description

[page 570]

[corresponds to page 504 of Delaware County Will Records Vol. 8 1887-1890]

504

Harvey Gillet's Will

Raymond Smith } Grand Son

Maud Smith } Grand daughter Lansoure. Minn.

Edson Smith } Grand Son


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

Elizabeth Gillet

The foregoing application was signed in my presence and sworn to

before me, this 15th day of April A.D. 1890

N.F. Overturf

{Seal} Probate Judge.


Waiver

We, the undersigned next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said

Will.

Dated this 15th day of April A.D. 1890.

Elizabeth Gillet

Albert N. Gillet

Allen V. Gillet

Edson B. Gillet

Harles O. Gillet


Notice to Heirs

Ret'd & Filed Apr 22 1890

The State of Ohio In Probate Court.

Delaware County.ss

In the Matter of the last Will and Tes=

tament of Harvey Gillet _ deceased.

To Clinnie Brown- and Nellie Brown

and also to Parker E. Brown their father with whom they reside.

You are hereby notified that on the 15 day of April.A.

D.1890.an instrument of writing, purporting to be the last Will

and Testament of Harvey Gillet, late of Marlborough Town=

ship. in said County, deceased, was produced in open Court .and

an application to admit the same to probate was on the same day

made in said Court. Said application will be for hearing be=

fore this Court on the 26 day of April. A.D.1890 at 11 o'clock

A.M.

N.F. Overturf

{Seal} Probate Judge


Dated at Delaware Ohio. this 15th day of April A.D. 1890.


I the undersigned person within named hereby acknowledge

service of the within notice this 19th day of April A.D. 1890.

Parker E. Brown.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 571)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 571)

Description

[page 571]

[corresponds to page 505 of Delaware County Will Records Vol. 8 1887-1890]



505

Harvey Gillet's Will

Testimony of Witnesses


In Probate Court } In the Matter of Proving the last Will

Delaware County, Ohio. } and Testament of Harvey Gillet. Deceased.


The State of Ohio }

Delaware County ss. } James E. Clark being duly sworn and

examined as a witness in the above entitled

matter, says: I was present at the execution of the instrument

now shown to me, bearing date the 6th day of February A.D.

1890, and offered for probate as the last Will and Testament of Har=

vey Gillet , late of Marlborough Township, in said County of Dela=

ware, deceased, and saw the said Harvey Gillet, now deceased sign

and seal said instrument, and heard him acknowledge the same to

be his last Will and Testament, and I, thereupon, at his request,

and in his presence, subscribed my name to the same as a witness,

The said decedent, at the time of making, signing and sealing

said instrument, was of full age, of sound mind and memory, and

not under any restraint.

James E. Clark

Sworn to and subscribed by said witness in open Court, this

26th day of April A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


The State of Ohio }

Delaware County ss. } Elias Cole, being duly sworn and

examined as a witness in the above

entitled matter, says; I was present at the execution of the

instrument now shown to me, bearing date the 6th day of Feb=

ruary A.D. 1890. and offered for probate as the last Will and

Testament of Harvey Gillet, late of Marlborough Township.

in said County of Delaware, deceased, and saw the said Harvey

Gillet, now deceased, sign and seal said instrument, and heard

him acknowledge the same to be his last Will and Testament

and I, thereupon, at his request, and in his presence, subscribed

my name to the same as a witness. The said decedent, at the

time of making, signing and sealing said instrument, was of full

age, of sound mind and memory and not under any restraint.

Elias Cole.

Sworn to and subscribed by said witness in open Court, this

26th day of April A.D. 1890.

N.F.Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 572)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 572)

Description

[page 572]

[corresponds to page 506 of Delaware County Will Records Vol. 8 1887-1890]

506

Harvey Gillet's Will

Journal Entry

April 26 1890.

In the Matter of the Will }

of Harvey Gillet - deceased } Be it remembered, that heretofore,

to-wit:

on the 15th day of April A.D. 1890, an

instrument of writing, purporting to be the last will and Testament of

Harvey Gillet, late of Marlborough Township, in this County, deceased,

was produced in open Court for probate, and was then filed. And,

it now being shown to the satisfaction of the Court, that due notice of

the filing of said Will, and of the application to admit the same to

probate and record in this Court, has been given to Clinnie Brown and

Nellie Brown next of kin of the Testator, resident of the State of

Ohio, pursuant to a former order of this Court. (The widow and other

next of kin of said Testator having waived Notice) and thereupon

on this day came James E. Clark and Elias Cole the sub=

scribing witnesses to said Will, who being duly sworn, testified to the

due execution and attestation of said Will. ~ Which testimony was

reduced to writing, by them respectively subscribed, and filed with said

Will, whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Harvey Gillet,

deceased. That the same was duly executed and attested, and that

the said Testator, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under any

restraint. It is, therefore, by the Court ordered, that the said

testimony of the witnesses above named, as well of the proceedings

had thereon, be entered of record in this Court.

Citation ordered and issued to Elizabeth Gillet, widow of said

decedent to elect as to said Will, as required by law. And

thereupon came the said widow and acknowledged service of the said

Citation.

N.F. Overturf

Probate Judge




Copy of Will

In the name of the Benevolent Father of All:

I Harvey Gillet of Delaware County and State of

Ohio do make and publish this my last Will and Testament.


Item 1 I give and devise to my beloved wife an undivided life interest

in our homestead. Situated in Delaware and Marion Counties,

containing in all about Five hundred and fifty (550) acres of

land, during her natural life and all the Stock, household goods,

furniture, provisions, and other goods and chattels, which may be

thereon at the time of my decease, during her natural life as afore=

said. She however selling so much thereof as may be sufficient

to pay all my just debts.)

At the death of my said wife the real estate aforesaid I give and
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 573)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 573)

Description

[page 573]

[corresponds to page 507 of Delaware County Will Records Vol. 8 1887-1890]


507

Harvey Gillet's Will

devise equally to my sons. Allen V. Gillett- Edson B. Gillett

and Harles O. Gillett and their heirs (my son Albert N. Gillett

having previously been paid the amount of his inheritance)


Item 2 I devise and bequeath to my daughter Allice L. Brown, Four

Hundred ($400.00) Dollars, or in case of the death of said Allice

L. Brown, before the receipt of this bequeathment then Two

Hundred ($200.00) Dollars to be paid each of her heirs as here=

after provided.

Item 3 I devise and bequeath to the surviving heirs of my daughter

Samantha E. Smith the sum of One hundred $100.00) each.

Said above bequeathment to be paid equally by my four Sons

above named on the following terms: one third of said bequeath=

ment to be paid on coming into possession of the bequest and one

third in one year thereafter and the remainder in two years, with

interest on defered payments.

Item 4. I further devise that on the division of said read estate that my

son Harles O. Gillett become possessor of the division on

which the family residence stands.

Item 5. I desire that no appraisement and no sale of my personal prop=

erty be made and that the court of Probate direct the omission

of same in pursuance of the Statute.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and

seal this 6th day of February in the year of our Lord A.D.1890.

Harvey Gillet. {Seal}


Signed and acknowledged by said Harvey Gillet as his last

Will and Testament in our presence and signed by us in

his presence.

James E Clark

Elias Cole.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 574)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 574)

Description

[page 574]

[corresponds to page 508 of Delaware County Will Records Vol. 8 1887-1890]

508

Lynde Catlin's Will

4 6 9 8 Journal Entry

April 29th 1890.

In the Matter of the Authenticated }

Copy of the last Will and Testament }

of Lynde Catlin -deceased. ~ } An authenticated Copy of the last

Will and Testament of Lynde Catlin,

deceased, late of New York City. New York. was this day presented to

this Court for record; whereupon the Court being satisfied on examina=

tion that said Will was duly executed and proved according to the laws of

the State of New York, and part of the property by said Will devised

being situated in this County, said Copy is hereby admitted to record

in this Court, according to law.

N.F. Overturf

Probate Judge.


Copy of Will

In the name of God, Amen:~ I, Lynde Catlin of the City and

State of New York Gentlemen, at present feeble in health but of

sound and disposing mind and memory, wishing to make such distribu=

tion of my estate after my decease as seems to me most equitable

among my beloved wife and children, do make this my last Will and

Testament as follows: I hereby give and devise to my beloved wife

Helen M. Catlin my lot of land & dwelling house thereon in Cham=

bers Street, in which I now reside known and distinguised by Number

53 in said Chambers Street, and also the lot and dwelling house in the

rear thereof fronting on Reed Street and known and distinguished by

Number 31 in said Reed Street to have and to hold the said two lots &

dwelling houses to my said beloved wife Helen M. Catlin and her heirs

forever. I hereby give and bequeath unto my beloved wife Helen M. Cat=

lin the whole of my household furniture, Plate, Pictures, Wearing Ap=

parel, Family Stores including Wines and all Liquors provided for fam=

ily use. I also give and bequeath unto my beloved wife Helen M.

Catlin the rents and profits of my new five story fire-proof store

known and distinguished as Number 40 in Cedar Street (after

paying the taxed, insurance & repairs thereon) during her natural

life and also the use and occupancy during her natural life of my

dwelling house at State Island together with the Land as at pres=

ent enclosed on which the same stands, she paying therefor such

reasonable rent as shall be agreed upon by a majority of my execu=

tors. And I hereby declare the aforesaid devisees and bequests to my

beloved wife Helen M. Catlin to be in lieu and full satisfaction of

all claims of Dower out of my estate.

All the rest and residue of my estate Real and Personal after payment

of debts if any and funeral expenses I direct to be divided into seven e=

qual shares whereof I give and devise one seventh part to my eldest

son John Mortimer Catlin, (to whom I have already advanced in mon=

ey a sum equal to the difference between his portion under this my

Will and that of his Brothers) and to each of my other sons

Charles T Catlin and George Catlin respectively I give and devise
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 575)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 575)

Description

[page 575]

[corresponds to page 509 of Delaware County Will Records Vol. 8 1887-1890]

509

Lynde Catlin's Will

three seventh parts, to have and to hold to my said three sons respective=

ly and their respective heirs executors and administrators forever.

In case either of my said three sons shall die before me leaving

lawful issue living at my decease, the share or shares of the son so

dying before me shall go to and vest in such issue but if the son so dy=

ing before shall leave no lawful issue living at my decease the

share or shares of the son so dying shall go to his surviving brothers

above named and the issue of any one deceased such issue to take the

share to which the parent of such issue if living would have been

entitled. I hereby appoint my beloved wife Helen M. Catlin and my

said sons John Mortimer Catlin, Charles T. Catlin- George Catlin

and the survivors and survivor of them Executrix and Executors of this

my Will. And I hereby authorize and empower such of them as for

the time being shall be my acting executors to sell and convey by good

and sufficient deeds in the Law all or any part or parts of my Lands

and Real estate as also to carry into execution all agreements that

shall have been made by me at the time of my decease for the sale

of any Lands by executing conveyances therefor to the respective pur=

chasers their heirs or assigns and to apply and distribute the pro=

ceeds of such sales and conveyances according to the provisions of

this Will. I also in like manner authorize and empower my acting

executrix and executors the survivors and survivor of them to agree

upon partition or division of my lands or real estate. I may own

at the time of my decease in common with any other person or

persons and carry such agreement into effect by executing proper

Deeds or Partition or release. I hereby revoke all former wills

by me made and declare this to be my only last Will and Testa=

ment. ~ In Witness Whereof. I have hereto set my hand

and seal this twentieth day of May in the year of our Lord eight=

een hundred and thirty three.

Lynde Catlin. (L.S.)

Signed, sealed, published and declared by Lynde Catlin the Testator

to be his last Will and Testament in the presence of us, who at his

request have signed our names hereto as witnesses.

Lynde C. Ferris, residing at No. 14 Beekman St N. York

John D. Campbell, residing at No. 108 Liberty St. New York




The People of the State of New York

By the Grace of God Free and Independent.

To all to whom the Presents shall come or whom they may concern,

Send Greeting:

Know Ye, That at the City and County of New York, on the ninth

day of November in the year of our Lord one thousand eight hundred

and thirty three before James Campbell, Esq. Surrogate of our said

City and County, the Last Will and Testament of Lynde Catlin

deceased, was proved, and is now approved and allowed by us; and the said

Lynde Catlin being at or immediately previous to his death an in=

habitant of the County of New York, by means whereof the proving
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 576)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 576)

Description

[page 576]

[corresponds to page 510 of Delaware County Will Records Vol. 8 1887-1890]

510

Lynde Catlin's Will

registering said Will, and the granting Administration of all and singular
the goods, chattels and credits of the said Testator and also the auditing, al=
lowing and final discharging the account thereof, doth belong unto us, the
Administration of all and singular the goods, chattels and credits of the said
deceased, and any way concerning his Will, is granted unto Helen M. Catlin
the Executrix and John M Catlin . Charles T Catlin and George Catlin the
executors in the said Will named, they being first duly sworn, faithfully
and honestly to discharge the duties of such Executrix and Executors.

In Testimony Whereof, We have caused the Seal of Office
of our said Surrogate to be hereunto annexed.

Witness, James Campbell - Esquire, Surrogate of our
said City and County, at the City of New York, the ninth day of Dece=
mber in the year of our Lord one thousand eight hundred and thirty
three and of our Independence the fifth eighth.

James Campbell.

(L.S.)


State of New York. ss.

City and County of New York I, James F. McLaughlin, Clerk of

the Surrogate's Court of said County, do
hereby certify that I have compared the foregoing copy of the last Will
and Testament of Lynde Catlin deceased, together with the Letters
granted thereon - with the original recor thereof. now remaining in
this office, and have found the same to be a correct transcript there=
from and of the whole of such original record.

In Testimony Whereof, I have hereunto
set my hand and affixed the Seal of the Surrogate's Court. this 3
day of April. in the year of our Lord one thousand eight hundred
and eighty nine.

James F. McLaughlin.

{Seal} Clerk of the Surrogate's Court.
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 577)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 577)

Description

[page 577]

[corresponds to front of back flypaper of Delaware County Will Records

Vol. 8 1887-1890]

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 578)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 578)

Description

[page 578]

[corresponds to back of back flypaper of Delaware County Will Records Vol. 8

1887-1890]

[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 579)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 579)

Description

[page 579]

[corresponds to front of back endpaper of Delaware County Will Records

Vol. 8 1887-1890]


[blank]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 580)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 580)

Description

[page 580]

[corresponds to back of back endpaper of Delaware County Will Records

Vol. 8 1887-1890]

[marbled red, blue and gold]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 581)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 581)

Description

[page 581]

[corresponds to inside back cover of Delaware County Will Records Vol. 8 1887-1890]

[marbled green and white pasteboard]
Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 582)

Title

Delaware County Ohio Will Records Vol. 8 1887-1890 (p. 582)

Description

[page 582]

[corresponds to back cover of Delaware County Will Records Vol. 8

1887-1890]

Dublin Core

Title

Delaware County Ohio Will Records Vol. 8 1887-1890

Subject

Delaware County--Will Records--Ohio--1887-1890

Description

Delaware County Ohio Will Records Vol. 8 1887-1890. This book is located at the Delaware County Records Center at 2079 US 23 North PO Box 8006 Delaware Ohio, 43015.

Creator

Decedents of Delaware County, Ohio, 1887-1890

Date

1887-1890

Contributor

Delaware County Court Probate Judge: Rufus Carpenter

Rights

http://rightsstatements.org/vocab/NoC-US/1.0/

Format

Book

Language

English

Type

Still Image
Text

Identifier

92961171

Citation

Decedents of Delaware County, Ohio, 1887-1890, “Delaware County Ohio Will Records Vol. 8 1887-1890,” Delaware County Memory, accessed November 28, 2024, https://955853.rosydayhk.tech/items/show/145.

Output Formats