Delaware County Ohio Will Records Vol. 6 1876-1883

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RNL DATE



4 AUG 20 1959

SEP 4 1959

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MICRO STRIP



4 Sept 59

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Will

Record

6

1876-1883

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Ahern Eugene 50

Andrews Lucy A 74 Case No. 2815

Avery Frederick 129 " " 2952

Armstrong Edward 158

Altrock Roseana 159

Andrews Timothy 301

Armstrong James W. 332

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Butt Isaac Will of 1

Burkholder Sam'l C. 23

Baird James R 56

Benedict Benjamin 60

Bard Martha O. 107 Case No 2897

Benton Martin 123

Brown Jacob A. 166

Burroughs Lydia A. 186

Bevans David 191

Brown Robert O. 238

Black Gustavus 278

Brown Daniel 466

Brown Joseph S. 475

Boston Philip D 368 Case No 3370

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Carnes William 17

Chamberlain C C 39

Cook Ellen M. 46 Case No 2744

Colflesh Jacob 69

Cowgill Daniel M Sen. 77

Cook Williams 108 Case No 2898

Cole Icabod 110

Cowgill Clarissa 120

Clippinger Julia A. 208

Caulkins Sarah W. 239

Carpenter Eleazer 290

Colflesh Destamona 316

Caswell Wilbur 328 Case No 3336

Conrey Stephen C. 330 " " 3340

Criss Elizabeth 361 " " 3361

Cappedge Charles 380 " " 3394

Condit Edgar Sr 382

Cowler Elizabeth 390

Collum Elizabeth 456

Cole Thomas M. 459

Clark Oliver P. 487

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Durfey Alma Will 5

Drayer Jacob " 30 Case No 2748

Davis John E " 87

Decker Alice L " 97

Davis Evan 125 Case No 2926

Davis Robert 134

Davis Catharine R 272 Case No 3175

Derthick Ira 285

Doty Harrison's Will 303

Downing Samuel 343 Case No 3351

Donavin L. K. 420 " " 3433

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Ely Benjamin, Will of 12

Eversole Sarah 96

Eaton Olive 230 Case No 1743

Edelman Anthony 263 " " 3143

Evans Margaret 267

Evans Margaret 408

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Foster Melissa Will of 19 Case No 2575

Fryman Frederick 45

Fisher Joseph 183 Case No 3047

Fowler Emma A 226 " " 3096

Freese Diana 246 " " 3114

Flahaven Patrick 319 " " 3317

Foulk Sarah 369

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Guy John 70

Graham John 158

Gurley Leonard B. 268 Case No 3166

Green Moses 291

Gaston Dorothy 297

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Heigh, Charles Sen 28

Heaverly, Stapleford 33

Hollanbaugh, Martha 42 Case No. 2763

Horn, Joseph 63 " " 2789

Hill, Susannah 72 " " 2814

Haas, Adam 102

Hurlburt, Robt. Jr. 142

Haney, James 156 Case No. 3008

Heath, Benjamin 232

Hills, Ralph 234

Hurlburt, See 300

Hash, Chas. W. 336

Hunt, Diana 519 Case No. 3567

Hoover, Jacob 525

Hunt, Tabitha 552 Case No. 3605

Harrison, Eliza J. 556

Heller, Nancy 576

Hughes, Ann Lewis 579

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Jones John B. Will of 24

Janis Horace 64

Jacobus George 222

Jones Richard S. 265

Jordan Lucinda Will. 449 Case No 3455

Jones William H. 500

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Kirkland John 108

Kyle James 195

Kalb John S. 251

Kooken George R. 281 Case No 3217

Kunze John 364

Keefe Michael 452 Case No 3471

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Longshore John 36

Lewis Edward A. 43 Case No 2764

Little Lucy O 80

Leibendorfer (Jacob) Frederick 82 Case No 2825

Leasure William 93

Leonard Anderson 140

Lehman Joshua 154 Case No 3012

Lisater Margaret 216

Lacroix John P 220

Leonard Nancy 493

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Morrison Joseph A. Will 26 Case No 2736

Mead Mary 90

Main James 145

Money Nicholas 181

Marks Sheldon 184

Murphy John 254

McNeely Francis B. 256

Myers Ida 257 Case No 3137

James Martin 261

Mullen Adam 271 Case No 3187

Marriot Thos. H. 321 " " 3316

Main Eva. T. (Chicago) 371 " " 3382

Main Lyman 386

Murphy Bazel 416

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Null William 41 Case No 2755

Nettleton Margaret E 68 " " 2809

Norris William G. 347

Newkirk John C. 404

Neumeister Michael 366

Nash Jane Will 472

Neil Charles 511 Case No 3530

Newton Almon & Co 543

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Overturf William M 14

Owens Elizabeth 338 Case No 3344

Owings Henry W. 397

O'Keefe Michael 452

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Patrick William N 54 Case No 2778

Penry Mary 83

Parker Peter 147

Penn James 179

Parks Cinthia M. 276

Perfect Hannah. 314

Philliam William 388

Pool Betsey 517 Case No 3441

Platte Julia R. L. 536

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Roloson Joseph 65

Roloson Nathaniel 75

Randolph Helty F 135 Case No 2961

Reid Wm P. 151

Risher Jonas 169

Randolph Kassanda 240

Richards John 326 Case No 3329

Reicherts Barbara. 446 " " 3457

Rupp Catharine 481

Ryan John 484

Rosecrans Sylvester H. 496

Rider James H. 560

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Simpson Elisabeth Will of 16 Case No 2720

Smith Margaret B " " 21

Shultz Gottfried " " 52

Stults Adam 84 Case No 2829

Smith Adam Verbal Will 86

Shaver John Will of 94 Case No 2868

Strain Martha Ann 100

Shaw Sargent 112

Stark Oliver 114 Case No 2918

Schickendance Catherine 117

Sharp Daniel D. 118

Stout Samuel 127 Case No 2948

Stimmel John 171

Slawson Smith 176

Smith John C. 188 Case No 3059

Sharp Garry 206 " " 3063

Slough Thomas 219

Strawser Jeremiah 228

Slack John P. 244

Swicker Frederick 294

Stern Samuel 306

Seelye R Silas. 312

Speron John 345

Snedeker Barnet 292

Smith Rodney 424

Schnyder Daniel H. 430 Case No 3445

Smith William F. 435 " " 3460

Shaw James L. 442

Schaaf J. Peter 506

Schnoke Elizabeth H. 515

Sweetser Ann P. 528

Stith Henry. 539

Stanley Timothy W. 549

Stanbery Mary 564 Case No 3595

Schneider Otto Sen 571

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Thompson Edward R. 247

Terry James 274 Case No 3199

Thompson Mary C. 334

Thompson Stephen. 352 Case No 3285

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John Uffords Will 324

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VanKirk Asher 10

Vandermark Daniel 31

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Waldo Marion C. H 8

Warren William 88

Wallace Polly 131

Walker John 162

Waters Bazel 174

Waterman Jason 181 Case No 3051

Woolring Philip 191

Wigton Thomas W. 224 Case No 3097

Wolfley George Will 242

Wiggins Sarah E. 252 Case No 3141

Wood Jeremiah 273

Williams Alford C 284 Case No 3224

White Mary 287 " " 3226

Wingel Mary K. 296

Worline Mary A. Will. 304

Wallice John Will. 308

Wagner Daniel 340

Wheaton Chars. 356

Williamson Peter 358 Case No 3360

Woodward Ezra S. 401

Wells Joseph 412 Case No 3428

Welch William 463 " " 3480

Welsh Jane 490

Williamson Sylvester M. 532

Warren William M. 545

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Zimmer William 53

Zimmerman Isaac 105

Zimmerman Jacob 282

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1

Isaac Butts Will

August 23rd 1876

On this day the last will & testament of Isaac Butt

was presented for Probate & record whereupon C. N. McElroy

& Cha's O. Little the subscribing witnesses to the will and

Wm Zimmerman & Maria Zimmerman the witneses to

the codicil appeared in open court were duly sworn &

their testimony reduced to writing annexed to the will &

filed therewith and it appearing to the court that said

will was legally executed & attested and that at the time

of the signing & sealing said will said testator was of legal

age and of sound and disposing mind & memory and

under no undue or unlawful restraint whatsoever, it is

ordered by the Court that said will be and the same is

hereby admitted to Probate & record as the duly proven last

will & testament of the Said Isaac Butts deceased

And at the same time came W. G. Watson the Executor

named in the will and accepted said trust and gave

Bond conditioned according to law in the sum of $5000.

With Walter T. Watson & N. J. Watson as sureties which

Bond the court accepts and appoints Jo's N. Hughes, Geo

W Oller & U. J. Watson as appraisers:

F. B. Sprague Probate Judge


Copy of the Will

I Isaac Butt of the county of Delaware & State of Ohio being

of Sound and disposing mind & memory & understanding do

make publish & declare this to be my last will & testament

hereby revoking and making null & void all former last wills

& testaments & writings in the nature of last wills & testaments

by me heretofore made - My will is first that all my funeral

charges and just debts shall be paid by my executor hereinafter=

named - The residue of my estate & property which shall not

be required for the payment of my just debts funeral charges

and the expenses attending the execution of this my last

will and the administration of my estate, I give devise &

dispose of as follows - First I give & devise to my Grand

children Mary N. Butt, Isaac Butt, Jesse Butt Sarah Butt

Caroline Butt, Matilda Butt, John W Butt, Louisa Butt, Harmon

Butt, & May Butt, Children of my Son Archabald Butt in fee

all that part of lot number 23 in Liberty Township & Lot No

24 in Concord Township in said County owned by me, there

being about thirty acres in said lot No. 23 and about Ninety

acres in said Lot No 24 making in said tract So hereby devised about

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 58)

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2


Isaac Butt's Will


One Hundred and thirty two acres but it is my will that my Son

Archabald Butt shall have the use of the above devised premises

for his sole use & benefit during his natural life without let or

hindrence from my said grand children above named their heirs

or assigns - Second I give & devise unto my grand children

Leroy Benton Isaac M Benton, Minor Benton & Effie Elisabeth

Benton in fee children of my daughter Elisabeth Benton now

deceased and formerly the wife of Lewis Benton all of the land

I own in lots 31 & 34 in Liberty Township in said County and

in lot 33 in Concord Township in said county there being in said

lots 31 & 34 about one hundred & thirty eight acres and about twelve

acres in said lot 33 in Concord Township, being about one hundred

and fifty acres in said devised tract of land - Third I give & devise

unto my grand children John Butt, Albert Butt, & Isaac Henry Butt

Children of my Son Abram Butt in fee all the real estate I own

in Lot No 22 in Liberty Township in said County Containing about

Ninety Acres, but it is my will that my said son Abram Butt

shall have the use & benefit of said devised tract during his natural

life without let or hindrence from my said grand children devise

their heirs or assigns - Fourth I give & devise unto my grand

children, Frank Butt, Alice Butt & Amanda Butt in fee

Children of my son Aaron Butt all of the real estate I own

in lots 16 & 17 in Concord Township in said County being my

homestead & containing about one hundred and fifteen acres

of land - There is a part of Said lot 17 consisting of about fifteen

acres which I have occupied & cultivated but which does not

belong to me, but belongs to the heirs of Reuben Lamb deceased

It is my will that my son Aaron Butt shall have the use

& benefit of said premises so herein devised to my said grand chil

dren being the children of said Aaron Butt during his natural

life without lot or hindrence from his said children their

heirs or assigns - And it is my will further that in

consideration of the foregoing provisions of in this will that my

said sons Archabald Butt, Abram Butt, & Aaron Butt shall

have the use & benefit of the premises so herein devised to their

children in fee for their natural lives, and as a condition of the

same that my said sons Archabald Butt, Abram Butt and

Aaron Butt shall pay the taxes and assessments in the nature

of taxes on said premises & save their children hereinbefore named

heership from the same & shall commit no waste on said

premises & keep the same in good repair & Neat and like Condition

And it is my will further that should I not have

sufficient personal property to pay my just debts

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3

Isaac Butt's Will


funeral expenses and the costs & expenses of the execution of my will

& administration of my estate my sons Archabald Butt Abram Butt

& Aaron Butt shall & the children of Daughter Elisabeth each contribute

& pay an equal proportion of whatever amount may be necessary for

said purpose [crossed out: & should either of them refuse to contribute & pay

his or their proportion of the money necessary for said purpose]

& should either of them refuse to contribute & pay his or their propor

tion of the money necessary for said purpose then it is my will that

my executor sell or rent so much of the premises heretofore described

& devised to the children of the said sons & to the children of my said

daughter Elisabeth who shall refuse to pay his or their proportion or

in case of his or their decease his or their children hereinbefore named

shall refuse to pay said proportion of my debts funeral charges

and expenses of the administration of my estate, that my executor

hereinafter named shall sell or rent so much of the premises herein

devised to said grand children as may refuse to pay their proportion

of my debts expenses as may be necessary for the purpose, & I do

hereby authorize & empower my executor hereinafter named to sell

or rent so much of said premises for said purpose as may be nec-

essary without an order of the court and as in his judgment he

may deem best for the interest of all concerned: And I do nom-

inate and appoint my friend Joseph Hughes to be the sole executor

of this my last will & testament: In testimony whereof I

the said Isaac Butt have hereunto subscribed my name and

affixed my seal this Ninth day of April A D 1870

his

Isaac X Butt {Seal}

mark

Signed sealed & declared by the said Isaac Butt to be his last

will & testament in the presence of us who at his request and in

his presence have hereunto subscribed our names as witnesses hereto

in the presence of each other C. H. McElroy. C O Little


C o d i c i l t o t h e W i l l

Whereas I Isaac Butt on the Ninth day of April in the year

1870 made my last will & testament of that day do hereby declare

the following to be a Codicil to the same: It is my will first

that my grand children Andrew Butt Bertha L Butt children

of my son Archibald Butt having been born since I made

my last will & testament have an equal share with the

rest of my grandchildren, Children of Said Archibald Butt

also as I have sold twenty acres of land off of Lot No 24 in

Concord Township Delaware County since I made my last

will & testament it is my will that my son Archabald

Butt have Nine hundred dollars at my death in notes

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4

Isaac Butt's Will

and mortgage if not secured before as there is to be a book

account between us while I live and he has at this time secured

two Hundred dollars on the Nine: It is also my will that

my grand children George Butt, Edson Butt & Florina Butt

children of my son Aaron Butt having been born since I made

my last will & testament have an equal share with the rest

of my grand children, Children of said Aaron Butt and as I

have bought a part of said Lot 17 consisting of about 15 acres

of Land occupied by me and belonging to the heirs of Reuben

Lamb decd it is my will that the fifteen acres of land be

equally divided between my grand children above named children

of my son Aaron Butt as I have sold ten acres off of Lot 17

since I made my last will & testament - And as Joseph

Hughes named in my last will & testament declined to act

as executor of my last will & testament on account of ill

health I do nominate and appoint W G Watson to be the

executor of this my last will & testament - In testimony

hereof I have hereunto set my hand and seal this 19th day

of June A D 1876 his

Isaac X Butt {Seal}

mark

Signed and acknowledged by said Isaac Butt as a codicil to

his last will & testament in our presence and signed by

us in his presence Wm H Zimmerman

Maria Zimmerman


P r o b a t e o f W i l l

The State of Ohio Delaware County SS

Personally appeared Cha's H McElroy & Cha's O Little

the subscribing witnesses to the last will and testament of

Isaac Butt. And Wm Zimmerman and Maria Zim-

merman the witnesses to the Codicil to said Last will

& testament of Isaac Butt decd and being duly sworn accor-

ding to law to speak the truth in relation to the execution of

said will & codicil depose & say that the paper before

them purporting to be the last will & testament with the

codicil thereto is the will and Codicil of Isaac Butt now

deceased that they were present at the execution of said

will and Codicil at the request of the testator saw him

subscribe his name to the same and subscribed their names

to the same as witnesses in his presence and that they

saw the said Isaac Butt deceased signed & seal said will

& the COdicil and heard him declare the same to be his

last will & testament and the Codicil thereto that the

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 61)

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5

Isaac Butt's Will


said Isaac Butt at the time of making signing & sealing

said Will & Codicil was of legal age and of sound and disposing

mind & memory and under no undue or unlawful restraint

whatsoever: C. H. McElroy & C O Little, Witnesses to the will

Wm Zimmerman & Maria Zimmerman " " " Codicil

Sworn to & subscribed in open court this

23rd day of August 1876 F B Sprague

Probate Judge


Alma Durfey's Will

August 25th 1876: On this day the last will &

Testament of Alma Durfey late of Delaware Ohio decd

was presented for Probate & record, whereupon E B Adams &

F E Adams the subscribing witnesses to said will & to the Cod-

icil thereto appeared in Open Court and were duly sworn

and their testimony reduced to writing annexed to the will

and filed therewith, and it appearing to the court that

said testator at the time of signing & sealing said will was

of legal age and of sound and disposing mind &

memory and under no undue or unlawful restraint

whatsoever it is ordered by the court that said will be and

the same is hereby admitted to Probate & record as the

duly proven Last Will and testament with the Codicil thereto

of the said Alma Durfey decd And at the same time

came James Cox the executor named in the will and accep-

ted said trust and gave Bonds in the sum of one

thousand dollars conditioned according to law with

as sureties which Bond the Court

accepts and appoints

as appraisers,

F. B Sprague Probate Judge


C o p y o f t h e W i l l


In the name of the benevolent father of all, I Alma Durfey

Widow of Dexter Durfey decd being of sound mind &

memory do make this my last will & testament hereby

revoking all former and other wills by me made

First It is my will that my daughter Mrs Rhedona E Hill

shall have the sum of twenty five dollars ($25) out of my

years support as the widow of Dexter Durfey deceased

Second I give & bequeath to my son Lorenzo Durfey the family

Bible and the balance of my years support not hereinafter

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 62)

[page 62]

[corresponds to labeled page 6 of Will Record Vol. 6 1876 - 1883]

6

Alma Durfey's Will

disposed of in my will

Third I give & bequeath to my daughter Wm Eliza Stiles the sum of

Twenty five ($25) dollars out of my said years support

Fourth I give & bequeath to my daughter Mrs Isabella Salisbury

the sum of Twenty five ($25) dollars out of my said years support

Fifth I give & bequeath to my son Charles D Durfey the sum

of two hundred & fifty ($250) out of my said years support

& also his two Beds & sufficient Bedding carpet in front chamber

& Bed room, Sett & chairs & Rocker in sitting room & stove

in the same room the stand in his room & wash stand with

Bowl & Pitcher, my large Bureau, 4 flannel sheets one Plaid

flannel Blanket two oil curtains & two common curtains

looking glass in his room and one sett plated tea Spoons -

The balance of my years support is to go to my son Lorenzo

as stated in Item 2 herein

Sixth I give & bequeath to my daughter Mary Ellen Battenfield

the balance of the household goods including a sett of silver

Tea spoons & a sett of silver Table spoons A I do give to my

daughter Mary E Battenfield all that may remain of my third

or dower interest in the proceeds of the homestead farm at my

death whether in the products of the farm or the proceeds arising

from the sale of products thereof after using them from a sufficient

sum to pay all my funeral expenses

Seventh I desire that James Cox shall be the executor of this my last

will & testament: In testimony whereof I hereunto set my

hand and seal this 9th day of September A D 1875

Alma Durfey {Seal}

Signed & Sealed by Alma Durfey in our presence as her last will

& testament and subscribed by us as witnesses in her presence and in

the presence of each other on the date above written E B Adams

F E Adams

The items & things mentioned after A in the 6th Item were inserted

in this will at my request and dictation this 28th day of September

A D 1875 Alma Durfey

The above was signed by Alma Durfey in our presence and subscribed

by us as witnesses in the presence of each other on the date last above

written

E B Adams, F E Adams,

C o d i c i l

It is my desire that the foregoing will be so changed and I

hereby so change the same as to read as follows viz, I give &

bequeath to my son Lorenzo Durfey out of my years support

the [crossed out: balance] Sum of two Hundred ($200) dollars - and I give &

bequeath to my son Charles D Durfey the sum of Two Hundred

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 63)

[page 63]

[corresponds to labeled page 7 of Will Record Vol. 6 1876 - 1883]

7

Alma Durfey's Will

($200) dollars out of my years support: The balance of my said

years support after taking therefrom the Four Hundred ($400) dollars

above bequeathed to my sons Lorenzo & Charles I give & bequeath to

my daughter Mary E Battenfield: The intention being to change

the item of the will affecting my sons Lorenzo & Charles and

my daughter Mary E Battenfield: Witness my hand and seal

to the foregoing Codicil this 21st day of June A D 1876

Alma Durfey {seal}

Signed & sealed by Alma Durfey in our presence & subscribed by us

as witnesses in her presence & in the presence of each other on the dates

last above written E B Adams, F E Adams:


P r o b a t e o f W i l l

The State of Ohio Delaware County SS

Personally appeared

in open Court E B Adams & F E Adams the subscribing

witnesses to the last Will & testamwnt and Codicil of Alma

Durfey deceased who being duly sworn according to law to

speak the truth, the whole truth & nothing but the truth

in relation to the execution of said will & Codicil, depose &

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

& testament and Codicil of Alma Durfey now deceased is the

will & codicil of said deceased Alma Durfey: That they

were present at the execution of said will & codicil at the

request of testator subscribed their names to the same as

witnesses in her presence and that they saw the said Alma

Durfey deceased sign & seal said will and codicil and

heard her acknowledge the same to be her last will &

testament & Codicil, that the said Alma Durfey at the

time of making signing & sealing said will & codicil was

of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever E B Adams, F. E. Adams,


Sworn to & subscribed in open Court this 25th day of August

1876 F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 64)

[page 64]

[corresponds to labeled page 8 of Will Record Vol. 6 1876 - 1883]

8

Waldo, Marion C. U. Will of

September 13th 1876

On this day the last Will and testament of Marion C

N Waldo decd was presented and duly proved as the

last Will & testament of the said M C U Waldo decd

Journal 4 Page 435 F. B. Sprague

Probate Judge


Copy of the Will

I Marion C U Waldo of the City of Delaware in the County

of Delaware and State of Ohio do make and publish this

my last will & testament

Item 1st It is my will that all my just debts be paid by my executor

hereinafter named

Item 2nd I give and devise to my beloved wife Julia J. Waldo all

my household goods and furniture

Item 3rd All other personal property that I may have at my decease

(except a gold watch more particularly described hereinafter)

I desire to be sold and converted into money by my executor

and all debts owing to me to be collected and disposed

of as follows To Wit

Item 4th I give and devise to my wife Julia J Waldo one third part

of the money so devised from the sale of said personal property

& all moneys arising from debts or demands owing to me

in Lieu of her years support to be hers absolutely, provided

however that whereas I have a life policy in the Piedmont &

Arlington Life insurance Company for $1000. payable to

my wife Julia. Also a Policy in Class C No 1255 in the

odd fellows Beneficial Association of Columbus Ohio. Also

a policy in Class No A of said Association No 1340

all of which it is my will and I desire to have paid to

my executor provided the law permits it to be done to

constitute the fund mentioned in Items 3 & 4

Item 5th I give & devise to my daughter Emilette Waldo her heirs or

assigns, the one equal third part of the property mentioned

in Items 3 & 4 to be held by John H Warren of Delaware Ohio

in trust for her until she arrives at the age of majority &

which I desire him to invest for her at interest, the interest

to be paid to her or for her benefit until arriving at age

Item 6 I give and devise in my son Harry Waldo his home and assigns

Item 6 I give and devise to my son Harry Waldo his heirs and assigns

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 65)

[page 65]

[corresponds to labeled page 9 of Will Record Vol 6 1876 - 1883]


9

Waldo Marion C U Will of


the one equal third part of the property mentioned in Items

3 & 4 to be held by John H. Warren aforesaid in trust for him

until he arrives at the age of majority to be by him inves

ted at interest, the interest to be paid for him or his benefit

until arriving at age

Item 7 I give and devise to my wife Julia J in trust for my son

Henry Waldo his heirs and assigns my Gold watch presented to

me by P P Mast & Co of Springfield Ohio to be held and kept

by her until my son Henry at the age of majority and

then delivered to him and I desire that he should keep and

not dispose of the same

Item 8 If the law should present the life policies being converted into

cash or becoming a fund in the hands of my executor to be

distributed in accordance with the provisions of this will

but should go to my wife Julia to the extent of one thousand

dollars, then it is my will and I give & devise all my other

property above mentioned and described in this will (except

the gold watch which I have as above devised) to my two

children their heirs & assigns aforesaid to be held in trust as

aforesaid by said John H. Warren

Item 9 I do hereby nominate & appoint John H Warren of Delaware

Ohio my executor of this my last Will and testament

and authorize and empower him to collect all debts and

demands due or owing to me and to do and perform every

act and thing necessary to carry out the provisions of

this will

In witness whereof I have hereunto set my hand &

Seal this 24th day of August A D 1876

M. C. U. Waldo {seal}


Signed and acknowledged by said Marion C U Waldo as his

last will & testament in our presence and signed by us

in his presence John Dillon

J Hipple

Probate of The Will

The State of Ohio, Delaware County ss.

Personally appeared in

open court J Hipple & John C. Dillon the sub-

scribing witnesses to the last will and testament

of M. C. U. Waldo deceased who being sworn according

to law to speak the truth in relation to to the execution

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 66)

[page 66]

[corresponds to labeled page 10 of Will Record Vol. 6 1876 - 1883]


10

Waldo Marion C. H. Will of


of said will depose and say that the paper before

them purporting to be the last will and testament of

M C H Waldo now deceased is the Will of said deceased

M C H Waldo, that they were present at the execution

of said will at the request of the testator subscribed their

names to the same as witnesses in his presence and that

they saw the said M C H Waldo deceased sign & seal

said will and heard him acknowledge the same to be

his last will and testament, that the said M C H Waldo

at the time of making, signing and sealing said will

was of Legal age and of sound and disposing mind

and memory and under no undue or unlawful restraint

whatsoever J Hipple

J C Dillon

Sworn to & subscribed in open court

this 13th day of September A D 1876

F. B. Sprague Probate Judge


Ashers VanKirk's Will

September 21st 1876

On this day the last will and testament

of Asher VanKirk was presented and duly proven

In Journal 4 Page 438

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all

I Asher VanKirk of sound mind

and memory do make and publish this my last will

& testament I

Item 1st I give & devise to my beloved wife in Lieu of dower my

house and lot of ground situate in the village of Mt Liberty

in Knox County Ohio during her natural life: at the death

of my said wife the real estate aforesaid I give and devise

to my daughter in law Francis J VanKirk wife of my son

Thos H. VanKirk. If however my said son Thos H. VanKirk

should die before the decease of my said wife, then said property

above devised to Francis J VanKirk is hereby devised and be

queathed to the children of the said Francis J VanKirk by

my son Thos H. VanKirk

Item 2 I give & devise all the residue of my property both personal and

real to said Francis J VanKirk as recompense for her

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 67)

[page 67]

[corresponds to labeled page 11 of Will Record Vol. 6 1876 - 1883]


11

VanKirk Asher, Will of


Kind care and labor in providing for & taking care of me

& my wife during the remainder of our lives

Item 3rd I do hereby nominate and appoint my son Thos H. VanKirk

Executor of this my last will & testament. I do hereby

revoke all former wills by me made: In testimony whereof

I have hereunto set my hand & seal this seventh day of

April in the year of our Lord one thousand Eight hundred

and seventy five Asher Van Kirk {Seal}

Signed and acknowledged by said Asher VanKirk

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

in his presence. James Hannan

H. C. Domigan


Probate of the Will

The State of Ohio Delaware County SS.

Personally appeared in Open Court James

Hannan & H. C. Domigan the subscribing witnesses to

to the last will & testament of Asher VanKirk deceased

who being duly sworn to speak the truth in relation to

the execution of said will depose & say that the paper

before them purporting to be the last will & testament of

Asher VanKirk now deceased is the will of said deceased

Asher VanKirk, that they were present at the execution of

said will at the request of the testator subscribed their

names to the same as witnesses in his presence and that

they saw the said Asher VanKirk deceased sign & seal

said will and heard him acknowledge the same to be

his last will and testament, that the said Asher VanKirk

at the time of making signing & sealing said will was

of legal age and of sound and disposing mind and mem-

ory and under no undue or unlawful restraint what-

soever. H. C. Domigan, James Hannan

Sworn to be subscribed in open court this 21st day of

September A D 1876 F.B. Sprague Probate Judge

Sworn to & subscribed in open court this 21st day of

September A D 1876 F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 68)

[page 68]

[corresponds to labeled page 12 of Will Record Vol. 6 1876 - 1883]

12


Benjamen Ely's Will

October 7th 1876

On this day the last will and testament of

Benjamen Ely decd was presented and duly proven

to the be the last will & testament of the said B. Ely

See Journal 4 Page 449.

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent Father of all, I Benjamen

Ely of the city of Delaware in Delaware County Ohio do make

and publish this my last will & testament

First I give and devise to my beloved wife Elisabeth in Lieu of her

dower the sum of Three Hundred dollars in cash according

to Marriage Contract, also the use of the house & lot on

which I reside in the city to be held and occupied by her

as long as she shall live, or in Lieu of said house & lot

she is to have Five Hundred dollars in cash making in all

the sum of Eight hundred dollars. In case she does not

choose to retain the use of said house & lot. Also she is

to have one bureau & one bed & Bedstead and household things

to the value of twenty dollars

Second Without any regard to the several sums of money advanced

to each of my children at sunday times to help them I make

the following bequests to wit, to my two sons Nathan Ely &

Charles Ely I give and bequeath one thousand dollars each.

Third I give and bequeath the residue of my property to the following

named persons to be divided amongst them in four equal

shares, to wit, To my son Nathan Ely one equal one fourth Part

To my son Charles Ely one Equal one fourth Part

To my daughter Mary Detwiler one Equal one fourth Part

And to my Grand Children Hatty Lizzy & Benjatta Hyatt

Children of my deceased daughter Eliza Hyatt one equal

one fourth part to be divided equally between them.

Fourth Before the distribution in the third item I give & bequeath to my

Grandson Charles Cronkleton one hundred dollars only.

Fifth I do hereby nominate and appoint John Detwiler and Charles Ely

Executors of this my last will & testament authorizing & empowering

them to sell by private sale or otherwise my farm in Troy Township

Delaware Co Ohio Containing 182 acres of land also my house

& Lot in the city should my wife conclude not to retain the

same during her life time and deeds of Purchase to execute

& acknowledge and deliver in fee simple and that they

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 69)

[page 69]

[corresponds to labeled page 13 of Will Record Vol. 6 1876 - 1883]


13

Benjamen Ely's Will

and that they dispose of my personal property also at private

sale or otherwise and as soon as the funds are received from

the sales aforesaid then distribution to be made in accordance

with the bequests aforesaid

I do hereby revoke all former wills by me

made. In testimony whereof I hereunto set my hand and

seal this 24th day of February in the year of our lord 1875

Benjamen Ely {Seal}

Signed and acknowledged by said Benjamen Ely as his

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

his presence Charles Neil

Elisabeth W Neil


Probate of the Will

The State of Ohio Delaware County SS}

Personally appeared in open court

Charles Neil & Elisabeth W Neil the subscribing witnesses to

the last will & testament of Benjamen Ely deceased who

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

truth & nothing but the truth in relation to the execution of

of said will depose and say that the paper before them

purporting to be the last will & testament of Benjamen

Ely now deceased is the will of said deceased Benjamen Ely

that they were present at the execution of said will at the

request of the testator subscribed their names to the same

as witnesses in his presence and that they saw the said

Benjamen Ely deceased sign and seal said will and

heard him acknowledge the same to be his last will

and testament, that the said Benjamen Ely at the

time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever

Charles Neil

Elisabeth W Neil

Sworn to & subscribed in Open Court this 7th day of October

A D 1876 F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 70)

[page 70]

[corresponds to labeled page 14 of Will Record Vol. 6 1876 - 1833]


14

William M Overturf's Will


October 21st 1876

On this day the last will and testament of William

M Overleaf decd was presented and duly proved as

the last will and testament of the said Wm M Overleaf

See Journal 4 Page 455

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all,

I William M Overleaf of the County of Delaware

and State of Ohio do make and publish this my

last will and testament

Item 1st I will that my funeral expenses and all other just debts

that I may owe at the time of my decease shall be paid

out of the personal property that is on hand at that time.

Should there not be enough to meet such demands I will that

the farm on which I reside shall be rented until the same

is paid

Item 2nd That my wife Philinda J Overleaf shall have the old

sorrel mare that I now own

Item 3 I will that my daughter Ella C Overleaf have one cow

and fifty dollars to make her equal with the other children

in what they have received

Item 4 I will to my wife Philinda J Overleaf all the real estate

of which I am possessed lying in Brown Township

including the house in which I now reside during her

natural life

Item 5 I will that what land I own lying in Kingston Township

shall be equally divided among my nine children

Item 6 I hereby nominate and appoint Thos Reid executor of this my last

will

and testament authorizing and empowering him to see that the same

is fulfilled Wm M Overleaf {Ss}


Signed and acknowledged by said Wm M Overleaf in our

presence this 14th of June 1876. Benjamen Sheets

W H Maxwell

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 71)

[page 71]

[corresponds to labeled page 15 of Will Record Vol. 6 1876 - 1833]

15

Wm M Overturf's Will


Probate of the Will

The State of Ohio Delaware County SS} Probate Court

Personally appeared in open court

Benjamen Sheets and W. H. Maxwell the subscribing witnesses

to the last will and testament of Wm M Overleaf decd

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 purporting to be the last will and testament of Wm M

Overleaf now deceased is the will of said deceased Wm M

Overleaf, That they were present at the execution of said

will at the request of the testator subscribed their names

to the same as witnesses in his presence and that they saw

said William M Overleaf deceased sign and seal said will

and heard him acknowledge the same to be his last will

and testament, that the said Wm M Overleaf at the time

of making signing and sealing said will was of Legal

age and of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever

Benjamen Sheets

W. H. Maxwell

Sworn to & subscribed in open court this 21st day of Oct 1876

F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 72)

[page 72]

[corresponds to labeled page 16 of Will Record Vol. 6 1876 - 1833]


16

Elisabeth Simpson's Will

November 27th 1876

On this day the Last will and testament of Elisabeth

Simpson, late of Delaware Ohio was admitted to Probate

& record: See Journal 4 Page 16

F. B. Sprague, Probate Judge


Copy of The Will

In the name of the benevolent father of all:

I Elisabeth Simpson wife of Thomas Simpson do make

and publish this my last will and testament

First It is my will that all my just debts and all charges and

funeral expenses be paid out of my estate

Second I give devise and bequeath to my beloved husband Thomas

D Simpson all my estate both real and personal

of whatever kind and nature to be held and enjoyed

by him and his heirs in fee simple forever

Third If the said real and personal estate shall not be sold

or disposed of in some way by said Thomas D Simpson

during his lifetime then at his I desire the same to be

equally divided among the following named children of

ours and their heirs viz Geo W Simpson, Catharine

A Pelton Thomas D Simpson Jr and Maggy Orr

In testimony whereof I have hereunto set my hand and

seal this 25th day of August A D 1876

her

Mrs Elisabeth X Simpson {Seal}

mark

Signed and acknowledged by said Elisabeth Simpson

as her last will and testament in our presence and

signed by us in her presence

M. T. Gardner

Daniel Carmichael

The State of Ohio Delaware County SS.} Probate Court

Personally appeared in Open Court M T. Gardner and

Daniel Carmichael the subscribing witnesses to the last

will and testament of Elisabeth Simpson deceased

who being 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 purporting to be the

last will and testament of Elisabeth Simpson

now deceased is the will of said deceased Elisabeth

Simpson that they were present at the execution of said

will at the request of the testatrix subscribed their names

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 73)

[page 73]

[corresponds to labeled page 17 of Will Record Vol. 6 1876 - 1833]


17

Elisabeth Simpson's Will


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

said Elisabeth Simpson deceased sign and seal said will and

heard her acknowledge the same to be her last will and testament

that the said Elisabeth Simpson at the time of making signing

& sealing said will was of legal age and of sound and disposing

mind & memory and under no undue or unlawful restraint

whatsoever Daniel Carmichael

M T Gardner

Sworn to & subscribed in open court this 27th day of November 1876

F. B. Sprague Probate Judge


William Carnes Estate

Dec' 15th 1876

On this day the last will and testament of William

Carnes decd late of Berlin Township Delaware County who

died Dec' 11th 1876, was presented and duly proven and

admitted to Probate & record

See Journal 4 Page 477

F. B. Sprague

Probate Judge

Copy of The Will


In the name of the benevolent father of all, I William

Carnes of Berlin Township Delaware County Ohio

do make and publish this my last will & testament

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

dower the land which I hold by warrantee deed, situate

in Berkshire & Berlin Townships county & state afore

said containing Fifty nine and one half acres more

or less 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

during her natural life as aforesaid: at the death

of my said wife the real estate aforesaid I give and

devise to my son William F Carnes, providing he pays the

following heirs the following sums within one year after

the death of my wife and he also has the privilege of

paying them before the death of my wife: Charlotte Van

Sickle Betsy Ann Dewit, Abby Maria Styer Pricella Allen,

Each are to receive Three Hundred dollars and at

the death of my wife my executor shall appoint

three appraisers who shall appraise my landed

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 74)

[page 74]

[corresponds to labeled page 18 of Will Record Vol. 6 1876 - 1833]


18

William Carnes Estate


property and there after deducting the amount to be paid

to each of my daughters aforesaid the remainder to be

equally divided among all my children or their heirs

It is here provided that if my executor has not the power to

appoint the aforeaid appraisers then they are to be appointed

according to the provisions of the law

Item 2 I do hereby nominate & appoint John Finch executor of

this my last will & testament hereby authorizing and

empowering him to compromise adjust, release and dis-

charge in such manner as he may deem proper the debts

and claims due me: I do hereby require my son

William F Carnes, to pay my doctor Bills Funeral expen-

ses and all other debts of myself and wife also erect

grave stones to our graves and before the division of

my estate is made by my executor said expenses are

to be refunded to him with Eight per cent interest per

annum until paid: 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

I do hereby revoke all former wills by me made,

In testimony hereof I have hereunto set my hand and

seal this 8th day of September A D 1876

William X Carnes {Seal}

his mark

Signed and acknowledged by said William Carnes as his last

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

C. W. Webster

John Finch

D H Young

The State of Ohio Delaware County SS} In Probate Court

Personally appeared in open court C W Webster & John Finch 2 of the

subscribing

witnesses to the last will and testament of William Carnes decd who being duly

sworn

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

testament of

William Carnes now decd is the will of the said Wm Carnes, that they were

present at the execu-

tion of said will, subscribed their names to the same as witnesses in his

presence and that they saw

the said William Carnes decd sign (make his mark) will and heard him him

acknowledge the

same to be his last will & testament, that the said William Carnes at the time

of making &

signing & sealing said will was of legal age and under no undue or unlawful

restraint

whatsoever C W Webster

John Finch

Sworn to & subscribed in open court this 15th day of December A D 1876

F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 75)

[page 75]

[corresponds to labeled page 19 of Will record Vol. 6 1876 - 1833]

19


Melissa Foster's Will


January 5th 1876

On this day the Last Will and testament of Melissa

Foster was duly proven and admitted to record.

See Journal 4 page 487. F. B. Sprague

Probate Judge


Copy of The Will

In the name of the benevolent father of all, I Melissa Foster

of Genoa Township Delaware County Ohio do make and

publish this my last Will & testament

1st I give and devise to my beloved daughter Minnie Poppleton one

Bureau & all of my Bed & Bedding that I may have at

my decease and all my dishes and spoons & all the rest of

my household goods & furniture that may be on hand at my

decease & one cow & all of the money that I may have on hand

due me at the time of my decease, there being now Six Hundred

and Seventy five dollars in the hands of Edward Furniss and

fifty dollars in the hands of J P Foster

However enough of the above described money to be appropriated

to pay all of my just debts

2nd I do hereby nominate & request that my brother Francis Hoffhines

shall be appointed Guardian of my daughter Minnie until

she shall arrive at the age of fourteen, I also request that Mina

shall be left in the care of my mother Louisa Jane Hoffhines

to be educated as well as circumstances will admit,

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand & seal this 18th

day of April 1876

Signed & acknowledged by said Melissa A Foster as her last

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

John McMahon Melissa A Foster

G W Wells

The State of Ohio Delaware County SS} In the matter of the last Will &

testament

of Melissa Foster decd: I George W Wells one of the subscribing witnesses

to said will being duly sworn in open court this 2nd day of January

A D 1877 depose and say that I was present at the execution

of the will and testament of Melissa Foster of Genoa Township hereto

annexed bearing date 18th day of April 1876 that I saw the said testator

subscribe said will & heard her publish and declare the same to be her

last will & testament and that the said testator at the time of executing

the same was of full age and of sound and enduring mind and memory

and not under restraint & that I signed the same as witness at

her express request and in her presence and in the presence of each other

Geo W Wells

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 76)

[page 76]

[corresponds to labeled page 20 of Will Record Vol. 6 1876 - 1833]


20

Melissa Foster Estate

Sworn to & subscribed before me in the probate court this 2nd day of

January A D 1877 F. B. Sprague Probate Judge


The State of Ohio Delaware County SS

To John Hoffhines Greeting: Know ye that we in confidence

of your prudence and fidelity have appointed you and by

these presents do give you full power to examine and take the

deposition of John McMahan, subscribing witness to the last will

and testament of Melissa Foster hereto annexed late of Delaware

County Ohio and therefore command you that at certain days

and places appointed by you, you cause the said John

McMahon 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 Melissa Foster and

that you reduce such examination to writing and return

the same together with this commission and the will of the

said Melissa Foster thereto annexed closed up under your

seal into our said probate Court with all convenient speed

F. B. Sprague

Probate Judge

The State of Ohio Delaware County SS.

In the matter of the last will & testament of Melissa Foster decd

I John McMahan being duly sworn in open court this 4th

day of January A D 1877 depose and say that we were

present at the execution of the last will and testament of

Melissa Foster of Genoa Township hereunto annexed bearing

date 18th day of April 1876 that we saw the said testator sub

scribe said will and heard her publish and declare the

same to be her last will and testament and that the

said testator at the time of executing the same was of

full age and of sound mind and memory and not

under restraint and that I signed the same as witness

at her request and in her presence and in the presence

of each other. John Mc Mahan

Sworn to & subscribed before me commissioner duly appointed

by the Probate Court this 4th day of January A D 1877

John Hoffhines

Commissioner

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 77)

[page 77]

[corresponds to labeled page 21 of Will Record Vol. 6 1876 - 1833]


21

Margaret B. Smith's Will


January 9th 1876

On this day the last will and testament of Margaret B

Smith was presented and duly proven by the oath of the

witnesses thereto, Lewis Smith & David Tipton, & admitted to probate

See Journal 4 Page 489. F. B. Sprague Probate Judge


Copy of the Will

In the name of God the father the son & the Holy Ghost, Amen

I Margaret B Smith of Delaware in the County of Delaware

and State of Ohio widow of the late Philip Smith do make

& publish this my last will & testament as follows.

Item 1st I desire to be buried according to the form and custom of the

Evangelical Lutheran Church and that all my just debts &

funeral expenses be fully paid

Item 2nd After paying the above debts & expenses of fitting up properly the

burying

ground and expenses of Administration I give and devise the

residue of my personal property whether real or personal of every

description to all my children and if any be dead to their heirs

or legal representatives to be amically divided between them viz

to Hannah Hare (now deceased) Rachael Evans, Barbara Johnson

(now deceased) Martin Smith, John Smith, Jacob H Smith &

George Smith. My executors hereafter named to have

power to make the distribution among my children above

mentioned and to have power to withhold from the son

of Barbara Johnson (Philip Stockwell) his portion if they shall deem

it so

Item 3rd I hereby nominate and appoint my two sons Martin Smith and

Jacob H Smith to be the executors of this my last will and

testament and I give them power to sell and dispose of any

of my property that may be necessary to pay the debts & expenses above

mentioned and to sell the same by private sale or otherwise except

my clothing or wearing apparal which is to remain among my

children

Item 4 I desire that the appointment of appraisers of personal property be dis-

pensed with and omitted as is provided by the statute and that

there be no public sale of the property except in the opinion of my

executors it may become necessary

Item 5 I do hereby revoke all former wills made by me: In witness whereof

at my residence Delaware County Delaware Township & state of Ohio

I hereby set my hand & seal this second day of March 1876

Margaret B Smith {L S}

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 78)

[page 78]

[corresponds to labeled page 22 of Will Record Vol. 6 1876 - 1883]


22

Margaret B Smith's Will


The above will was signed by the said Margaret B. Smith in

our presence and declared by her to be her last will and testament

in our presence and hearing and we signed the same as witnesses

at her request in her presence & the presence of each other this

the second day of March 1876 Lewis Smith

David Tipton

The State of Ohio Delaware County SS

Personally appeared in open court Lewis Smith & David

Tipton the subscribing witnesses to the last will and testament

of Margaret B Smith deceased who being duly sworn accor-

ding 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 purporting to be the

last will and testament of Margaret B Smith now deceased

is the will of said deceased Margaret B Smith, who died

January 5th 1877, that they were present at the execution of said

will at the request of the testator subscribed their names to the

same as witnesses in her presence and that they saw the

said Margaret B Smith deceased sign and seal said will

and heard her acknowledge the same to be her last will

and testament, that the said Margaret B Smith at the

time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever

Lewis Smith

David Tipton

Sworn to & subscribed in open court this 9th day of January 1877

F. B. Sprague

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 79)

[page 79]

[corresponds to labeled page 23 of Will Record Vol. 6 1876 - 1883]


23

Samuel C. Burkholder's Will


January 19th 1877.

On this day the last will and testament of Samuel C.

Burkholder was presented and duly proved and admitted to Probate

See Journal 4 page 491

F. B. Sprague

Probate Judge

Copy of the Will

In the name of the benevolent father of all, I Samuel Burkholder

of Delaware County Delaware City Ohio do make and publish

this my last will & testament

Item 1st It is my will that sale be made of my personal property for the

payment of my just debts and should the proceeds of said sale

be insufficient for said purpose then I authorize my executor

to sell five acres of land of which I am lawfully seized situated

near the South west part of Delaware City so that all of said claims

may be fully paid

Item 2 I give & bequeath to my beloved wife Margaret N. Burkholder in

Lieu of Dower the homestead on which I reside at present to be

held by her during her natural life with express understanding that

she maintain and take proper care of our daughter Etta J. Burkholder

who is an invalid and unable to support herself. And furthermore

should the said Etta J. Burkholder outlive her mother the homestead

aforesaid bequeathed to her mother shall be held for the support of

the said Etta J. Burkholder during the period of her natural life

and at her death said property shall be equally divided between her

Brother Lorenzo Burkholder & her sister Elnora Robinson

Item 3rd I hereby nominate and appoint my beloved wife Margaret N.

Burkholder

executrix of this my last will & testament and it is my will

that no Bond be required by the Probate Court of said executrix in

the execution of the provisions of this will: In testimony whereof

I hereunto set my hand and affix my seal this 19th day of September

A D 1876 S C Burkholder {Seal}

Signed and acknowledged by said Samuel C Burkholder as his last

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

Horace Allen : Charles Neil : A. B. Corwin :


The State of Ohio Delaware County SS

Personally appeared in open court Horace

Allen and Chas. Neil Two of the subscribing witnesses to the

last will & testament of S. C. Burkholder deceased, who

being duly sworn according to law to speak the truth in relation

to the execution of said will depose and say that the paper

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 80)

[page 80]

[corresponds to labeled page 24 of Will Record Vol. 6 1876 - 1883]

24

Samuel C. Burkholder's Will

before them purporting to be the last will & testament of

Samuel C Burkholder now deceased is the will of the said

deceased Samuel C Burkholder, That they were present at

the execution of said will at the request of the testator

Subscribed their names to the same as witnesses in his presence

and that they saw the said Samuel C Burkholder deceased

sign and seal said will and heard him acknowledge the

same to be his last will and testament that the said

Samuel C Burkholder at the time of making signing

and sealing said will was of legal age and of sound and disposing

mind and memory and under no undue or unlawful restraint

whatsoever Charles Neil

Horace Allen

Sworn to & subscribed in open court this 19th day of January

A D 1877. F. B. Sprague Probate Judge


John B. Jones Will

January 22 1877

On this day the last will and testament of

John B. Jones Late of Radnor Township Delaware County

Ohio deceased was presented and duly proved and

admitted to probate & record

See Journal 4 Page 493

F. B. Sprague

Probate Judge


Copy of The Will

In the name of the benevolent father of all, I John B. Jones

of Radnor Township Delaware County Ohio do make

and publish this my last will and testament

Item 1st I give and devise to my beloved wife Elisabeth C Jones

in Lieu of her dower the house and lot on which

we now reside situated in Radnor Township Delaware

County Ohio and all of my personal property of

every description that I own at the time of my

decease to be (my said wife's) her property and her

assigns forever

Item 2nd It is my will that my just debts and all charges be

paid out of my estate: 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 former wills by me

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 81)

[page 81]

[corresponds to labeled page 25 of Will Record Vol. 6 1876 - 1883]

25

John B Jones Will


made: In testimony hereof I have hereunto set my hand and seal

this 29th day of Feb" 16 1875

John B. Jones {Seal}

Signed and sealed and acknowledged as his last will &

testament in our presence and signed by us in his presence

Valantine Dildine

Myron Dildine

Commission to take testimony

The State of Ohio Delaware County SS

To John A Cone 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

Valantine Dildine & Myron Dildine Subscribing witnesses to

the last will and testament of John B Jones hereto annexed

late of the County of Delaware in the State of Ohio decd and therefore

we command you that at certain days and places appointed

by you you cause the said Valentine Dildine & Myron Dildine

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 B. Jones & that you reduce

such examination to writing and return the same together with

this commission and the will of the said John B Jones

thereto annexed closed up under seal into our said Probate Court

with all convenient speed: In testimony whereof I F. B. Sprague

Judge of the said court have hereunto set my hand and affixed

the seal of said court at Delaware this 10th day of January A D 1877

F B Sprague Probate Judge

The State of Ohio Delaware County SS

Personally appeared before me John A. Cone Commissioner duly appointed,

Valantine Dildine

& Myron Dildine the subscribing witnesses to the last will and testament of

John B

Jones deceased who being duly sworn according to law to speak the truth in

relation to

the execution of said will depose and say that the paper before them

purporting

to be the last will and testament of John B Jones now deceased is the will of

the said deceased John B. Jones that they were present at the execution of

said will at the request of the testator subscribed their names to the same as

witnesses

in his presence and that they saw the said John B Jones decd sign & seal

said will and heard him acknowledge the same to be his last will and

testament, that at the time of making signing and sealing said will

the testator was of legal age and of sound and enduring memory and under

no undue or unlawful restraint whatsoever. Valantine Dildine } Myron Dildine

Sworn to & subscribed before me this 21st day of Jan. A D 1877

John A Cone Commissioner

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 82)

[page 82]

[corresponds to labeled page 26 of Will Record Vol. 6 1876 - 1883]

26

Joseph A Morrison's Will

Copy of the Will

I Joseph A Morrison of the City of Pleasant Hill in the

County of Cass and State of Missouri being of sound

mind and memory do make and publish this to

be my last will & testament in manner following

that is to say

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

fully paid and satisfied

2nd I give and bequeath to my Father R D Morrison all

my right title and interest in and to any personal and

real estate of which I die possessed or which in the course

of descent or distribution might fall to my share

3rd I hereby constitute and appoint my said Father R D

Morrison to be my executor to this my last will & testament

hereby revoking all former wills by me made

In witness whereof I have hereunto set my hand this 15th day

of October A D 1872 Joseph A Morrison

Signed and declared by the above

Joseph A Morrison to be his last will and testament in

presence of us who at his request and in his presence

have subscribed our names as witnesses thereto

C. O. Race of Pleasant Hill Mo

M. S. Wilson of Pleasant Hill "

V. W. Starr of Pleasant Hill "

State of Missouri }

County of Cass } I W G McCulloh Recorder of Deeds within

and for said County and State hereby certify that the

foregoing Instrument of Writing was filed for record

Oct 19, 1874 and has been duly recorded in Book 19

at Page 242 = Witness my hand & seal this 31st day of Dec

1874 W G McCulloh Recorder

By A S McCulloh depty


Proof of Will

State of Missouri County of Cass: In Probate Court

Be it remembered that on this 18th day of December

in the year of our lord one thousand Eight hundred

and Seventy six before me H Clay Daniel Ex of Clk of

the Probate & Criminal Court held in and for the County

of Cass and State of Missouri personally Appeared C

O Race who being duly sworn upon his oath deposes and

says that he was present and saw Joseph A Morrison

sign the foregoing instrument purporting to be the last

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 83)

[page 83]

[corresponds to labeled page 27 of Will Record Vol. 6 1876 - 1883]

27

Joseph A Morrison's Will


will and testament of him the said Joseph A Morrison and

heard him publish and declare the same to be his last will

and testament and that at the time of signing the same the

said Joseph A Morrison was of sound mind and that this

deponent and V W Starr & M S Wilson the other attesting

witnesses subscribed their names thereto as witnesses to the same

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

request of the said Joseph A Morrison

C. O. Race

Sworn to & Subscribed before me H Clay Daniel Judge & Ex of Clk

of the Probate & Criminal Court the day and year first aforesaid

H Clay Daniel Judge & Clerk

{ S S } by C. W. Steele, D C


Certification of Probate

State of Missouri }

County of Cass ss} In the Probate & Criminal Court

I H Clay Daniel Judge & Ex of Clk of

the Probate & Criminal Court of Cass County Missouri

having examined the foregoing instrument purporting to

be the last will and testament of Joseph A Morrison

decd and signed by said Joseph A Morrison decd late

of Cass County Missouri and having heard the testimony of

C. O. Race and deposition of V W Starr subscribing

witnesses thereto in relation to the execution of the same do

declare and adjudge said instrument to be the last

will and testament of said Joseph A Morrison decd

and the same is therefore admitted to Probate

In testimony whereof I have hereunto set my hand and

affixed the seal of said Court at Office this 18th day of

December 1876 H Clay Daniel Judge & Clerk

By C W Steele D.C.

The State of Missouri }

Cass County SS } I H Clay Daniel Judge & Ex Officio

Clerk of the Probate Court having probate jurisdiction within

& for said County of Cass hereby certify that the foregoing

is a full true and complete copy and transcript of the

last will and testament of Joseph A Morrison decd

together with the proof thereof and certificate of admission

to probate all as fully as appears of record in my Office

In testimony whereof I have hereunto set my hand and

affixed the seal of said Court at Office in Harrison with this Jan 24 1877

{ S S } H Clay Daniel Judge & Ex Officio Clk.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 84)

[page 84]

[corresponds to labeled page 28 of Will Record Vol. 6 1876 - 1883]

28

Charles High's Estate


February 20th 1877

On this day the last Will & Testament of Charles

High Sen deceased who died Feb. 7th 1877, was presented

and duly proved and admitted to Probate & Record as

the said last will of said Charles High Sen

See Journal 4 Page 505

F B Sprague

Probate Judge

Copy of The Will

In the name of the benevolent father of all

I Charles High Sen of the County of

Delaware and State of Ohio do make this and publish

my last will & testament

1st I give and devise to my son Charles High Jun the sum

of Seven Hundred and Seventy Eight dollars $ 700.78

To my daughter Caroline Woodring the sum of $ 778.00

To my Son Henry P High the sum of 778.00

To my daughter Harriet High all of my real estate in

the town plat of the Village of Norton Delaware County

Ohio also all of my household and kitchen furniture

of all descriptions and the said Charles High Jun is to pay

my daughter Caroline Woodring the $778.00 and to my

son Henry P High the sum of $778.00 it being their proportion

of the farm which I have deeded to the said Charles High

said farm is in the Township of Marlborough County Delaware

and I do appoint my two sons Charles and Henry P High

my lawful executors to and the said Charles High is to pay

to the said Henry P High and : Harriet Caroline Woodring

Seven Hundred and seventy eight dollars to each of them within

one year after my death Charles High is to pay to Henry P

High two Hundred dollars yearly with interest, and to Caroline

Woodring two Hundred dollars yearly with interest and put

the same out on interest until the whole amount is collected

then my executors are to procure a piece of real estate with

it then to deed it to Caroline Woodring and her heirs

Then after my death my executors to make sale of all

the property which remains and divide equally between

my said heirs. I do hereby revoke all former wills by me

made: In testimony whereof I have hereunto set my

hand and seal this 14th day of October in the year of our

Lord 1872 his

Charles X High Sen {Seal}

mark

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 85)

[page 85]

[3corresponds to labeled page 29 of Will Record Vol. 6 1876 - 1883]

29

Charles High Sen Will


signed and acknowledged by said Charles High Sen as his last

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

presence Hugh Cole

Elias Cole

Probate of Will

The State of Ohio Delaware County SS

Personally appeared in open court Hugh Cole

and Elias Cole the subscribing witnesses to the last will and

testament of Charles High Sen deceased who being duly sworn

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

but the truth in relation to to the execution of said will depose

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

will and testament of Charles High Sen now deceased is

the will of said deceased Charles High Sen that they were present

at the execution of said will at the request of the testator

subscribed their names to the same as witnesses in his presence

and that they saw the said Charles High Sen decd sign and

seal said will and heard him declare the same to be his

last will and testament that the said Charles High Sen

at the time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory and under

no undue or unlawfull restraint whatsoever

Hugh Cole: Elias Cole


Sworn to & subscribed in open court this 20th day of February

A D 1877 F B Sprague Probate Judge

{Seal}

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 86)

[page 86]

[corresponds to labeled page 30 of Will Record Vol. 6 1876 - 1883]

30

Jacob Drayers Will

March 9th 1877

On This day the last will and testament of Jacob

Drayher was presented, duly proved and admitted to

Probate & record. Journal 4 Page 579

F B Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all

I Jacob Drayer of Lawfull age and

Sound memory do make & publish this my last will and

testament

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

2nd I give will & bequeath all my property both Personal &

real after the payment of my debts & funeral expenses to

my beloved wife Catharine for her own use & lawfull support

during her natural life and at her death if there should

be any property left by her the same to be divided equally

between our three children Wesley H Drayer Anna E Drayer

and Amy E Drayer

In witness whereof I have hereunto set my hand & seal

this 12th day of Feby A D 1866: Jacob Drayer {Seal}

Signed by said Jacob Drayer in our presence and by us signed

at his request & in his presence & in the presence of each other

W. T. Watson. L. M. Main

The State of Ohio Delaware County S S

Personally appeared in open court Walter T Watson & L. M. Main

the subscribing witnesses to the last will & testament of Jacob Drayer decd, who

being duly sworn according to law to speak the truth in relation to the

execution of said will depose and say that the paper before them purporting

to be the last will and testament of Jacob Drayer now deceased is the

will of said deceased Jacob Drayer, That they were all present at

the execution of said will at the request of the testator subscribed

their names to the same as witnesses in his presence and that they saw

the said Jacob Drayer deceased sign & seal said will and heard him

acknowledge the same to be his last will and testament that the said

Jacob Drayer at the time of making signing and sealing said will was of

legal age and of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever W. T. Watson

L. M. Main

Sworn to & subscribed in open court this 9th day of March 1877

F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 87)

[page 87]

[corresponds to labeled page 31 of Will Record Vol. 6 1876 - 1883]

31
Daniel Vandemark's Will

March 14th 1877

On this day the Last will and testament of Daniel

Vandemark decd was presented and duly proven and

admitted to Probate & record as the last will and testament

of Said Daniel Vandemark

See Journal 4 Page 521

Copy of the Will

In the name of the benevolent father of all, I Daniel Vandemark

being of sound mind and memory but of feeble health do

make and publish this my last will and testament

revoking any and all wills by me made verbal or otherwise

1st It is my will that all just claims against

my estate be fully paid

2nd It is my will & request that my wife Sophronia

shall have the use of my dwelling house, garden, orchard,

and what room in the barn she may need for her stock and

feed as long as her natural life shall be

3rd I devise bequeath and give to my wife Sophronia

the horse harness and buggy that we now have, one cow

all the household furniture except what is given to my grand

daughter Mary Perkins, one years wood and provisions, one

years feed for stock and three Hundred dollars to be paid

her by my executors annually out of my estate during

her natural life,

4th I give to my granddaughter Mary Perkins x one

beadstead bed and bedding, one sewing machine I now

have, one cow and one Hundred dollars in money

5th I give and bequeath to my two grandchildren

Margaret & Mary Line who now reside in Pennsylvania

five Hundred dollars each be paid to them at the final

settlement of my estate

6th I devise and bequeath to my daughters

Margaret, Sarah, Caroline, and Martha to be made equal

heirs in the balance of my estate after my special bequests

are deducted

7th I bequeath and give to my wifes children

Charles Gregory x and Mary Harrison x one Hundred dollars

each

8th Whereas I have given to my son Flavius Ninety two acres

of land which I consider is his full share and therefore do not

devise any further provision for him

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 88)

[page 88]

[corresponds to labeled page 32 of Will Record Vol. 6 1876 - 1883]

32


Daniel Vandemarks Will

9th do nominate and appoint my son Flavius Vandemark

as executor of this my will and testament

I also appoint Alvah Vanfleet executor to assist in setting

my estate Daniel Vandemark

J B Willis

B Willis

In testimony hereof I have hereunto set

my hand and seal this 26th day of August A.D. 1876

Daniel Vandemark

Signed and acknowledged by said Daniel Vandemark

as his last will and testament in our presence and

by us in his presence J. B. Willis

B. B. Willis


Probate of Will

The State of Ohio Delaware County SS

Personally appeared in open court J B Willis

& B B Willis the subscribing witnesses to the last will

and testament of Daniel Vandemark decd 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 purporting to be the last will &

testament of Daniel Vandemark now deceased is the

will of said deceased Daniel Vandemark, that they were

present at the execution of said will at the request of the

testator subscribed their names to the same as witnesses in

his presence and that they saw the said Daniel Vandemark

deceased sign & seal said will and heard him acknowledge

the same to be his last will and testament that the said

Daniel Vandemark at the time of making signing &

sealing said will was of legal age and of sound and

disposing mind and memory and under no undue

or unlawfull restraint whatsoever

J. B. Willis

B. B. Willis

Sworn to & subscribed in open court this 14th day

of March A.D. 1877

F B Sprague

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 89)

[page 89]

[corresponds to labeled page 33 of Will Record Vol. 6 1876 - 1883]

33

Stapleford Heaverlo's Will


March 19th 1877

On this day the last will and testament of Stapleford

Heaverlo deceased was presented for Probate and duly proven

as the last will and testament of the said Stapleford

Heaverlo & admitted to Probate & record

See Journal 4 Page 525

F B Sprague

Probate Judge


Copy of the Will

I Stapleford Heaverlo being of sound mind and memory

do make and publish this as my last will and testament

in manner and form following, that is to say

1st I give and bequeath unto my beloved wife Hannah

Heaverlo all my property both real and personal to have

and to hold for her sole use and benefit so long as she

lives, and after her death the same shall go to and be used

for the benefit of my daughter Martha Heaverlo, and it is

my wish if it should be practicable that the said Martha

Heaverlo should live and occupy my present home and

not be moved therefrom:

After the death of my daughter Martha

Heaverlo I direct that all the property remaining shall be sold

and disposed of to the highest bidder and the proceeds

thereof be divided as follows,

To my daughter Jane James

or her children one hundred dollars and the remainder

to my daughter Mary Strain. Should she become sane,

but in case she should not become sane, then her portion

shall be equally divided between her two children, Robert

Stapleford Strain, & Euranay Strain,

And I hereby appoint my son

John Heaverlo executor of this my last will and testament

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

Twenty sixth (26th) day of July in the year of our Lord one thousand

eight hundred and seventy three:

Stapleford Heaverlo

Signed sealed published & declared by the above named Stapleford

Heaverlo to be his last will and testament in the presence of us

who have hereunto subscribed our names in the presence

of the testator O. D. Hough

Benj. B. Walker

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 90)

[page 90]

[corresponds to labeled page 34 of Will Record Vol. 6 1876 - 1883]

34

Stapleford Heaverlo' Will

Commission to take testimony to will

The State of Ohio Delaware County SS

To Henry Thompson 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 Benj. B Walker subscribing

witness to the last will and testament of Stapleford Heaverlo

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 Benj. B. Walker 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 Stapleford Heaverlo, and that you reduce such

examination to writing and return the same together with

this commission and the will of the said Stapleford

Heaverlo thereto annexed closed up under your seal into

our Probate Court with all convenient speed

In testimony whereof I F B. Sprague Judge of

the said Court have hereunto set my hand and affixed

the seal of said Court at Delaware this 12th day of March

A. D. 1877. F B Sprague

Probate Judge

The State of Ohio Montgomery County SS

Personally appeared before me a Commissioner duly

appointed by the Probate Court of Delaware County Benj. B. Walker

one of the subscribing witnesses to the last will and testament of

Stapleford Heaverlo deceased, who being duly sworn according

to law to speak the truth, the whole truth & nothing but the

truth in relation to the execution of said will, deposes and says

that the paper before him purporting to be the last will and tes

tament of Stapleford Heaverlo now deceased is the will of said

deceased Stapleford Heaverlo, that he was present at the execution

of said will at the request of the testator subscribed his name

to the same as witness in his presence and that he saw the

said Stapleford Heaverlo deceased sign and seal said will

and heard him acknowledge the same to be his last will

and testament - that the said Stapleford Heaverlo at the

time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory and

under no undue or unlawfull restraint whatsoever

Benj. B. Walker

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 91)

[page 91]

[corresponds to labeled page 35 of Will Record Vol. 6 1876 - 1883]

35

Stapleford Heaverlo' Will


Sworn to & subscribed before me this 13th day of March 1877

{ L S } Henry C. Thompson, Commissioner


The State of Ohio Delaware County SS

Personally appeared in open court O. D. Hough

one of the subscribing witnesses to the last will and testament

of Stapleford Heaverlo 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 purporting to be the last will &

testament of Stapleford Heaverlo now deceased is the will

of said deceased Stapleford Heaverlo, that he with Benj. B

Walker were present at the execution of said will at the request

of the testator subscribed their names to the same as witnesses

in his presence and that they saw the said Stapleford

Heaverlo deceased sign & seal said will and heard him

him acknowledge the same to be his last will and testament

that the said Stapleford Heaverlo at the time of making signing

and sealing said will was of legal age and of sound and

enduring mind and memory and under no undue or unlawfull

restraint whatsoever O. D. Hough

Sworn to & subscribed in open court this 19th day of March 1877

F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 92)

[page 92]

[corresponds to labeled page 36 of Will Record Vol. 6 1876 - 1883]

36

John Longshore's Will

March 21st 1877

On this day the last will and testament of

John Longshore decd late of Berkshire Township

was presented and duly proven and admitted to Probate

and record

See Journal 4 Page 526

F B Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all, I John Longshore

of the county of Delaware and State of Ohio do make and

publish this my last will and testament

1st I give to my beloved wife Jane R Longshore in Lieu

of her thirds in my estate notes and cash in the amount

of Five Hundred dollars, viz one note against Geo Gibson

dated May 8th 1867 calling for Two Hundred dollars

One note against Geo Gibson dated April 1st 1874 calling for

One Hundred dollars, One note against Lydia Grey

dated June 12 1876 calling for One Hundred dollars

One note against John Roloson dated Mch 12th 1875 calling

for seventy five dollars and I also desire that my

executor hereinafter named to pay to her Twenty five dodllars

from my estate as soon as expedient to do so and I also

empower my executor to place the aforesaid notes in her

possession and that they shall not be recovered as part

of my estate, Said notes and money to be used for

her support and if any thing be left at her death that

it be equally divided between David Longshore Phoeba Coons

John E Stanley & Chas L. Stanley. I also give to my

wife all of my household goods that she may desire

except what I specify in this my will and I also desire

that she shall make a distribution of little things to my

relatives as she may see proper. I also give to her all

the provisions Wood Grain and money that may be in

my possession at the time of my death. I also desire

that if I should be sick long that my executor pay

my wife Jane R Longshore a reasonable compen-

sation for her care of me

2nd I give to my Son David Longshore my horse also

my gun and accoutrements, also a conk Shell as

a family relict, also that he receive one Hundred

dollars in compensation for his labor in taking

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 93)

[page 93]

[corresponds to labeled page 37 of Will Record Vol. 6 1876 - 1883]

37

John Longshore's Will

care of me in my sickness

3rd I give to John E Stanley two Hundred dollars and in

case of death before he arrives at majority or if dying without

issue then this money to be equally divided between David Long-

shore Phoeba Coons & Cha's L Stanley. I also give him my

chest of carpenter tools

4 I give to Charles L. Stanley Two Hundred dollars and in

case of his death before arriving at age or without issue

that this money be equally divided between David Longshore

Phoeba Coons and John E Stanley. I also give to Charles

L Stanley our Bed and bedding

5th I desire that James Lampman be appointed guardian of my

Grandson John E Stanley, and that David Longshore be

appointed guardian of my Grandson Charles L. Stanley and

I desire that my executor pay the aforesaid moneys to the

above said guardians and all other moneys of their shares that

may arise from my estate and that this money be kept at

interest and that no part of it be used for their support and

that they shall not receive any of the aforesaid money till they

arrive at age except Twenty five dollars of Charles L. Stanleys

money which is to be used for clothing and to furnish him

with transportation to Iowa the home of David Longshore

6th I also give to Julia & Alice Longshore Daughters of David Long-

shore one Bed & Bedding each

7th I give to Desdemona Waters my large looking glass that hangs

in the parlor

8 I desire that the balance of the moneys made from the

sale of my property after paying all my debts shall be

equally divided between David Longshore Phoeba Coons,

John E Stanley & Charles L. Stanley. Item 8 I desire that

my executor shall sell my property either by private or

Public sale

9th I hereby nominate and appoint Charles W Webster Executor

of this my last will and testament hereby authorizing him

and empowering him to compromise, adjust, release and

discharge in such manner as he may deem proper the

debts and claims due me. I also desire before there

is a division made to the several heirs that he pay all

my debts and funeral expenses and also erect a

grave stone at my grave, said grave stone to be of

same pattern of the one of my former wifes grave

at Sunbury grave yard

10 I desire that if Phoeba Coons should die before the settlement

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 94)

[page 94]

[corresponds to labeled page 38 of Will Record Vol. 6 1876 - 1883]

38

John Longshore's Will


of my estate that her share shall be equally divided

between David Longshore John E Stanley & Charles

L Stanley. I do hereby revoke all former wills

by me made

In testimony hereof I have hereunto set my hand

and seal this 14th day of March A D 1877

John Longshore {Seal}


Signed and acknowledged by said John Longshore as

his last will and testament in our presence and signed

by us in his presence Charles W Webster

Geo Gibson


The State of Ohio Delaware County SS

Personally appeared in open court Chas W Webster

and George Gibson the subscribing witnesses to the

last will and testament of John Longshore 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 purporting to be the last will and

testament of John Longshore now deceased is the will

of said deceased John Longshore who died March 18

1877. That they were present at the execution of said will

at the request of the testator subscribed their names to the

same as witnesses in his presence and that they saw

said John Longshore deceased sign and seal said

will and heard him acknowledge the same to be

his last will and testament, that the said John

Longshore at the time of making signing and sealing

said will was of legal age and of sound and disposing

mind and memory and under no undue or

unlawfull restraint whatsoever

C. W. Webster

Geo Gibson

Sworn to & subscribed in open court this 21st day of

March A D 1877

F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 95)

[page 95]

[corresponds to labeled page 39 of Will Record Vol. 6 1876 - 1883]

39

C. C. Chamberlain's Will

March 24th 1877

On this day the last will and testament with the

Codicil thereto of C C Chamberlain was presented

for Probate & record and duly proven and admitted

as the last will and testament of the said C C Chamberlain

Journal 4 Page 528

F. B. Sprague Probate Judge


Copy of the Will

Know all men by these presents that I Charles C Chamberlain

of Delaware in the county of Delaware and State of Ohio

Hardman Merchant being of sound disposing mind & memory do make

and publish this my last will & testament

1st I give and bequeath to my beloved wife Isabella B Chamberlain

the dwelling house in which I now reside situate in the town

of Delaware on Inlot No One Hundred Eighty Eight being the

South half of said inlot (excepting Eighteen feet front off of the

South side & running back One Hundred feet being the ground

on which the store stands) and I also give and bequeath unto her

my out lot No (3) Three in the town of Delaware, and I give and

bequeath unto her all my household furniture and two thirds

of all my personal property which I now have or may

acquire after the date of this will as long as she shall remain

unmarried & my widow but in case of her marriage then half

of all the property herein bequeathed to her both real and person

al I give and bequeath to my only daughter Almarinca

Emmalette Chamberlain, and I also give and bequeath

to my daughter Almarina Emmalette the store now occupied

by me situated on inlot No in the town of

Delaware being Eighteen feet front off the south side of said

lot & running back One Hundred feet, and I also give &

bequeath unto her one third of all my personal property which

I now have or may acquire after the date of this will

I hereby appoint my brother Henry W

Chamberlain as executor and my beloved wife Isabella B

as Executrix of this my last will & testament. In testimony

whereof I have hereunto set my hand & seal and publish

this to be my last will & testament in presence of the witness-

es named below this 20th day of April in the year of our

Lord Eighteen Hundred & fifty six

C C Chamberlain {L S}

Attest

J. C. Avery, William Strickler

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 96)

[page 96]

[corresponds to labeled page 40 of Will Record Vol. 6 1876 - 1883]

40

C. C. Chamberlain's Will

Whereas I C. C. Chamberlain on the 20th day of April in

the year 1856 did make and publish my last will and

testament of that day I do hereby declare the following to be

a codicil to the same

I do hereby give and bequeath to my beloved wife Isabella

B Chamberlain all the rent which may accrue from

the store now occupied by me being the same store devised

by me to my daughter Almarina Emallette, now the wife

of William P Reid, the said rents being hereby bequeathed

to my said wife for her sole use and support during her

natural life:

Witness my hand and seal this 4th day of May A.D. 1871

C. C. Chamberlain {Seal}

Signed & acknowledged by said C C Chamberlain as his codicil

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

his presence. C. H. McElroy, Geo. Root


The State of Ohio Delaware County SS

Personally appeared in open Court J C Avery & William

Strickler, subscribing witnesses to the last will and & testament

of C C Chamberlain decd and C N McElroy & Geo Root

witnesses to the codicil to said will, 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 and Codicil

thereto do depose and say that the paper before them purporting

to be the last will and testament and the Codicil thereto is the

will and codicil of said deceased C C Chambeerlain, that

they were present at the execution of said will and Codicil thereto

at the request of the testator subscribed their names to the same

as witnesses in his presence and that they saw the said

C C Chamberlain deceased, sign and seal said will and

Codicil and heard him acknowledge the same to be his

last will and testament and the codicil thereto and that

at the time of making signing & sealing said will and Codicil

he was of legal age and of sound and disposing mind

and memory and under no undue or unlawfull restraint

whatsoever. J. C. Avery, Wm Strickler, witnesses to the will

and C. H. McElroy & Geo Root witnesses to the Codicil to

said will

Sworn to & subscribed in open court this 24th day of

March A.D. 1877

F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 97)

[page 97]

[corresponds to labeled page 41 of Will Record Vol. 6 1876 - 1883]

41

William Null's Will

March 30th 1877

On this day the last will and testament of William Null

was presented for Probate & record and duly proven as the last

will and testament of William Null decd and ordered admit-

ted to Probate & record as such

See Journal 4 Page 531.

F B Sprague

Probate Judge


Copy of the Will

In the name of the benevolent Father of all,

I William Null of the County of Delaware and State of

Ohio do make and publish this my last will & testament

1st I give and devise to my wife all my property real

& Personal and mixed during her natural life and at her

death I give and devise to my daughter Eliza Jane & her heirs my

house and land north of Stratford. I give and devise after

the death of my wife to my daughter Adaline and her heirs

my undivided half of the saw mill property with the building

and improvements thereon

2nd At the death of my wife I wish my personal property to

be equally divided between my two daughters or their heirs

3 I do hereby appoint my wife executrix of this my last

will and testament revoking all former wills made by me

In testimony hereof I have hereunto set

my hand and seal this 10th day of April AD 1876

his

William X Null {Seal}

mark

Signed and acknowledged by said William Null as his last

Will and testament in our presence and signed by us in his presence

B Lugenbeel

Interlined before signing Oliver Hedrick

B Lugenbeel


Probate of Will

Personally appeared in open court B Lugenbeel & O Hedrick the witnesses to the last

will & testament

of William Null decd who being duly sworn according to law to tell the truth

in relation to the execution of said will depose and say that the paper before

them purporting to be the last will and testament of William Null decd

is the will of said decd William Null, that they were present at the

execution of said will at the request of the testator subscribed their names to

the same as witnesses in his presence and that they saw the said William Null

decd sign & seal said will and heard him acknowledge the same to be his

last will & testament, that the said William Null at the time of making signing

& sealing said will was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever

B Lugenbeel, Oliver Hedrick

Sworn to & subscribed in open Court this 30th day of March 1877

{Seal} F B Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 98)

[page 98]

[corresponds to labeled page 42 of Will Record Vol. 6 1876 - 1883]

42

Martha Hollanbaugh's Will

April 14th 1877

On this day the last will and testament of

Martha Hollenbaugh was presented and duly proven

and admitted to Probate and Record

See Journal 4 Page 542

F B Sprague Probate Judge


Copy of the Will

In the name of the Benevolent father of all

I Martha Hollanbaugh of the County of Delaware

& State of Ohio being of sound mind and memory do make

and publish this my last will and testament in manner

and form following

It is my will that my beloved Husband Charles

Hollanbaugh shall have all my household stuff and

Property I may have brought to our house after our marriage

2 That he shall hold and collect and use all notes, claims

& of every Kind I may be possessed of at my decease for his

own Especial benefit after paying all my doctor Bills and

other debts & funeral expenses etc

In testimony whereof I hereunto set my hand and seal

this 27th day of January A.D. 1877

Martha Hollanbaugh {Seal}

The above was signed by Martha Hollanbaugh and declared to be her last

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

at her request. John Cunningham, David Tipton


The State of Ohio Delaware County SS. Personally appeared in open

court John Cunningham & David Tipton the subscribing witnesses to the last

Will and testament of Martha Hollanbaugh decd who being duly sworn to tell

the truth in relation to the execution of said will depose and say that

the paper before them purporting to be the last will and testament

of Martha Hollanbaugh now deceased is the will of the said deceased Martha

Hollanbaugh, that they were present at the execution of said will at the

request of the testatrix subscribed their names to the same as witnesses

in her presence & that they saw the said Martha Hollanbaugh deceased sign

and seal said will and heard her acknowledge the same to be her last

will and testament, that the said Martha Hollanbaugh at the time of

making signing & sealing said will was of legal age and of sound

and disposing mind and memory and under no undue or

unlawfull restraint whatsoever John Cunningham David Tipton

Sworn to & subscribed in Open Court this 14th day of April 14th AD 1877

F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 99)

[page 99]

[corresponds to labeled page 43 of Will Record Vol. 6 1876 - 1883]

43

Edward A Lewis Will

April 20th 1877

On this day the last will and testament of Edward A

Lewis was presented and duly proven as the last will

and testament of said deceased

See Journal 4 Page 545

F B Sprague

Probate Judge

Copy of the Will

In the name of the benevolent father of all

I Edward Lewis of Delaware County Ohio do make and

publish this my last will and testament

1st I give and devise to my beloved wife in Lieu of dower the

farm on which we now reside situate in the Township

of Troy County of Delaware and State of Ohio Containing Sixty-

Six acres during her natural life and also the following real

estate viz being Seventy to thirty two feet on the South end of

Lot 54 of Deshlers addition to the city of Columbus in

the County of Franklin and State of Ohio and all the

Stock household goods furniture provisions and other goods

and chattels which may be therein at the time of my death

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 I give and devise the real estate

aforesaid to my sons, John Lewis Thomas Lewis, Edward Lewis

& Charles Lewis in equal proportions, If either of my

sons should die before the decease of my said wife leaving no

children living, then the share or shares of my said son or sons

so devised, is hereby devised to my said son or sons then living

in equal proportions. But if my said wife should not survive

me, then I devise and bequeath the property aforesaid to my

sons then living

2nd I desire that my said wife have the privilege of selling all the

property before mentioned both real & personal after my decease

by the consent of my said sons and retaining the amount

of said purchase money in her own right during her natural

life

3rd I do hereby nominate and appoint my beloved wife Guardian

of all my sons until they arrive to the age of twenty-one years

4th I do hereby nominate and appoint my said wife

Hannah Lewis executrix of this my last will & testament

hereby authorizing and empowering her to compromise

adjust release and discharge in such manner as she

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 100)

[page 100]

[corresponds to labeled page 44 of Will Record Vol. 6 1876 - 1883]

44

Edward A Lewis Will


may deem proper the debts & claims due me and if it

shall become necessary in order to pay my debts to sell any

or all of my property both real and personal my said

wife is hereby empowered and authorized to do the same

and to make deed to purchaser to execute acknowledge

and deliver the same in fee simple. And I further

desire that no appraisement and no sale of my property

be made by order of court and the Court of Probate so

direct in pursuance of the Statute

[in left margin: Memoranda]

It is also my desire and I do hereby direct that should

my wife aforesaid be deceased before all or any of my said

sons should arrive at the age of twenty-one years that the

said property aforesaid shall not be divided until all of my

said sons shall have become of majority

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand and

seal this 29th day of December A D 1874

his

Edward X A Lewis {Seal}

mark

Signed and acknowledged by said Edward A Lewis as his Last will

& testament in our presence and signed by us in his presence,

H. C. Olds & Wm Downing


Probate of Will

The State of Ohio Delaware County SS

Personally appeared in open court William Downing and H C

Olds the subscribing witnesses to the last will & testament of Edward

A Lewis deceased who being duly sworn according to law to speak

the truth in relation to the execution of said will depose and say that

the paper before them purporting to be the last will & testament of

Edward A Lewis now deceased is the will of the said deceased Edward

A Lewis, that they were present at the execution of said will at the request

of the testator subscribed their names to the same as witnesses in his

presence & that they saw the said Edward A Lewis deceased sign

and seal said will and heard him acknowledge the same to

be his last will & testament, that the said Edward A Lewis

at the time of making signing and sealing said will was of legal

age and of sound and disposing mind and memory and under

no undue or unlawfull restraint whatsoever

Wm Downing

Sworn to & subscribed in Open Court this 20th day of April 1877

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 101)

[page 101]

[corresponds to labeled page 45 of Will Record Vol. 6 1876 - 1883]

45

Frederick Fryman's Will

April 20th 1877

On this day the last will and testament of Frederick Fryman

was presented and duly proven & admitted to Probate & record

as such Last will & testament

See Journal 4 Page 545

F B Sprague

Probate Judge


Copy of the Will

The last will and testaement of Frederick Fryman of

Thompson Township Delaware County Ohio,

In the name of God I Frederick Fryman considering the uncertainty

of this mortal life and being of sound mind and memory blessed be

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

& testament in manner & form following, that is to say First I give

and bequeath unto my beloved wife Mary Freyman all the personal

property to use or sell as she sees fit, that is after the expenses are

paid, and debts if any exist. And I further bequeath unto her

all my real estate to have and to hold her natural life time

then it is my sincere desire that it shall belong to Sarah Field

my step daughter and her children after she is no more

Now I hereby appoint Martial Field sole executor of this my last

will & testament. In witness whereof I have hereunto set my hand

& seal this the Fourteenth day of December in the year of our

Lord one Thousand Eight Hundred and sixty nine 1869.

Frederick Freyman {Seal}

Signed sealed published and declared by the said named Frederick Fryman

to be his last will & testament in the presence of us who at his request and in his

presence have subscribed our names as witnesses thereunto

D. M. Russell, Joseph M. Russell

The State of Ohio Delaware County SS

Personally appeared in open court D. M. Russell & Joseph M. Russell the sub

scribing witnesses to the last will & testament of Frederick Fryman decd who

being duly sworn according to law to speak the truth in relation to the execution

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

the last will and testament of Frederick Fryman now deceased is the will

of said deceased Frederick Fryman that they were present at the execution of

said will at the request of the testator subscribed their names to the same as

witnesses in his presence and that they saw the said Frederick Fryman decd

sign & seal said will and heard him acknowledge the same to be his last

will & testament and that at the time of signing and sealing said will the

testator was of legal age and of sound and disposing mind & memory and

under no undue or unlawfull restraint whatever

D. M. Russell

Joseph M. Russell

Sworn to & subscribed in open court this 20th day of April 1877

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 102)

[page 102]

[corresponds to labeled page 46 of Will Record Vol. 6 1876 - 1883]

46

Ellen M. Cook's Will

In the name of the Benevolent Father of all.

I Ellen M. Cook of Bennington Township, Morrow County

Ohio, of lawful age, of sound mind and memory do make

and publish this my last Will and Testament because

of duty and uncertainty of life and the certainty of

death.

Item 1st I devise that all just debts and funeral expenses be

paid out of my personal property.

Item 2nd I give and bequeath to my much respected

daughter Maria Cook Tims all my property both person-

al and real during her natural life or the lives of any

heir of her body begotten including and being the undi-

vided one half of the old farm where my parents resi-

ded at the time of their decease in Bennington Town

ship, Morrow County Ohio. Being the undivided one

half of about one hundred and thirty four acres of land

Bounded on the South by lands of Lydia A. Rolloson and

Isaac Bennett, on the East by lands of Jonathan

Bennett and Tobias Stilly, on the South by lands of

Phillip Gage and Thomas Case. on the West by lands of

Thomas H. Morehouse, Harriette Witham and Isaac Bennett.

also the undivided one half of about thirty acres of land in

Kingston Township Delaware County Ohio. Bounded on the

North by lands of Charles Lee, on the East by lands

held in trust for Stiles Cook and heirs. on the South

by lands of A. Wood. on the West by the lands of Nel-

son Fleming and Wm Smith. Including and being all

the money due me from Charles Jackson in Eldora

Iowa. Secured by Mortgage and including all the monies

or credits due me, as well as all the personal property

and household goods belonging to me on the said old

home farm or anywhere else.

Item 3rd In case my said daughter Maria Cook Tims Should

die leaving no heirs of her body, or in case my said

daughter and all the heirs of her body be deceased, I devise

that my much respected brother George W. Cook have

all my property both personal and real, if he be living

if not living, then I devise that the heirs of the body

of said brother have all my property both personal and

real. And if my said Brother and the heirs of his body

be deceased (if he have any) there and in that case, I

devise that my property both personal and real be divi-

ded among the children of my much respected Brothers

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 103)

[page 103]

[corresponds to labeled page 47 of Will Record Vol. 6 1876 - 1883]

47

Ellen M. Cook's Will

and Sisters equally.

Item 4th It is my request that this my last Will and

Testament be so interpreted that no part of my prop-

erty ascend or be inherited by or fall to the Father or

relatives of my said daughter's Father.

Item 5th I hereby nominate and appoint my much respect-

ed Brother, George W. Cook, executor of this my last

Will and Testament. Authorizing and empowering him

if it shall become necessary in order to pay my

just debts, to sell all or any part of my real estate

and deeds to purchasers to make and execute the same

as though I was personally present and did the same.

Item 6th I desire that no appraisement of my personal or real

property be made, that no bond be required and that

the Judge of Probate Court direct the omission of the same

Item 7th I desire that my much respected Brother George W.

Cook take special care of the property and welfare of my

much respected daughter Maria Cook Tims. And if it

shall become necessary in order to special Welfare. It is

my desire that he be appointed Guardian of her person.

Item 8 I hereby revoke all former wills by me made. In testi-

mony whereof I have hereunto set my hand and seal

this 5th day of February, one Thousand eight hundred

and Seventy Seven. Ellen M. Cook {Seal}


Signed by said Ellen M. Cook as her last Will and

Testament in our presence and by us in hers this 5th

day of Feb'y 1877.

P. C. Beard.

B. D. Buxton.

The State of Ohio }

Morrow County } S.S. Proof of Will

Personally appeared in open Court P. C.

Beard one of the subscribing witnesses to the last Will

and Testament of Ellen M. Cook late of said County,

deceased. Who being duly sworn according to law, depose

and say that the foregoing is the last Will and Testament

of said Ellen M. Cook deceased. That he subscribed his

name thereto as the attesting witness at the request of

said Testatrix and in his presence and in the presence of

and that she signed the same in his presence and

acknowledged the same to be her last Will and Tes-

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 104)

[page 104]

[corresponds to labeled page 48 of Will Record Vol. 6 1876 - 1883]

48

Ellen M. Cook's Will.

tament. That said Testatrix at the time of executing the

same was of full age, sound mind and memory and

not under any restraint.

P. C. Beard.

Sworn to and subscribed before me this 12th day of

February A.D. 1877.

H. L. Beebe

Probate Judge.

Commission

To take Testimony of Witness of Will.

The State of Ohio }

Morrow County S.S. }

To W. C. Harris. - 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 B. D. Buxton subscribing witness to the

last Will and Testament of Ellen M. Cook hereto an-

nexed late of the County of Morrow 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 B. D. Buxton 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 Ellen M. Cook, and that you re-

duce such examination to writing and return the

same, together with this Commission and the Will of

the said Ellen M. Cook deceased, thereto annexed. Closed

up under your Seal, into our said Probate Court.

with all convenient speed.

In testimony whereof I H. L.

Beebe Judge of the said Court have hereunto set my

hand and affixed the seal of said Court at Mt.

Gilead, this 27th day of February A.D. 1877.

H. L. Beebe Probate Judge.


Testimony of Witness of Will.

In the matter of the last Will and Testament of Ellen

M. Cook deceased, I, W. C. Harris duly appointed and

commissioned by the Judge of the Probate Court of the

County of Morrow in the State of Ohio, to take the testimo-

ny of B. D. Buxton one of the subscribing witnesses of the

last Will and Testament of Ellen M. Cook deceased, late

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 105)

[page 105]

[corresponds to labeled page 49 of Will Record Vol. 6 1876 - 1883]

49

Ellen M. Cook's Will.

a resident of said County of Morrow in the State of Ohio

which commission and the said Will are hereto annexed

marked "A", do hereby certify that in pursuance of said

Commission, I caused B. D. Buxton one of said sub-

scribing witnesses as aforesaid, to come personally before

me, at my office in Sparta, Morrow County, Ohio, who

being by me first duly sworn according to law, to

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

truth, concerning and in relation to the execution of

said Will. depose and say. That he was present at

the making of said Will, hereto attached marked "A".

and at the request of the deceased, subscribed his name

to said Will as witness in the presence of the deceased

and of each other that he saw the said Ellen M. Cook

deceased sign and seal said Will, and heard her ac-

knowledge the same to be her last Will and Testa-

ment. That the said Ellen M. Cook deceased was, at the

time of making, signing and sealing said last Will

and Testament, of legal age and of sound mind and

memory, and under no undue or unlawful restraint

whatsoever. B. D. Buxton


I, W. C. Harris do further testify that the said testimo-

ny was reduced to writing by myself in the presence of

said witness respectively and subscribed by said witness

in my presence on this 28th day of February A.D. 1877.

In testimony whereof I have hereunto set my

hand this 28th day of February A.D. 1877.

W. C. Harris

Commission.

State of Ohio }

Morrow County S.S. }

I, H. L. Beebe Probate Judge of Mor-

row County Ohio, do hereby certify that the foregoing is a

true copy of the last Will and Testament of Ellen

M. Cook, deceased, as shown by the records of the

Probate Court of the aforesaid County.

H. L. Beebe

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 106)

[page 106]

[corresponds to labeled page 50 of Will Record Vol. 6 1876 - 1833]

50

Eugene Ahern's Will

May 10th" 1877

On this day the last will and testament with the Codicil

thereto was presented and duly proved as the Said Last Will

and testament of Eugene Ahern and admitted to probate

as such.

See Journal 4 Page 560

F. B. Sprague

Probate Judge


Copy of The Will

I, Eugene Ahern do make and publish this my last will

and testament

1st It is my will that my just debts and charges be paid out

of my personal estate

2nd I give and devise in lot No 56 in Hosea Williams addition to the

town of East Delaware (old Number) as the same is designated and

numbered on the recorded plat of said addition, the new number of

Said Lot is six Hundred and thirteen, being the lot willed to me

by my first wife Hanorah Ahern, to Lawrence Ahern Mary Ahern

and Hanorah Ahern my children by my first wife Hanorah Ahern

3rd It is my will that the balance of my personal estate after paying

my just debts & all charges shall be equally divided among

all my children

4th It is my will that my wife shall have the share of my estate

which the law allows her

5th It is my will that William Sweeney be appointed Guardian of

Lawrence Mary & Hanorah Ahern until they respectively become of

age

6 In testimony whereof I have hereunto set my hand and seal

this 18th day of November AD 1875

Eugene Ahern

Signed and acknowledged by said Eugene Ahern as his last will

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

John L. Jones, James R. Lytle


Whereas I Eugene Ahern on the 18th day of November AD 1875 made

my last will and testament of that day do hereby declare the

following to be a codicil thereto. I do hereby nominate and appoint

Robert Parker executor of this my last will and testament, In witness whereof

I have hereunto set my hand and seal this 10th day of July AD 1876

Eugene Ahern {Seal}

Signed and acknowledged by said Eugene Ahern as a Codicil to his last will & testament

in our presence and signed by us in his presence John L. Jones, James R. Lytle

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 107)

[page 107]

[corresponds to labeled page 51 of Will Record Vol. 6 1876 - 1883]

51

Eugene Ahern's Will

whereas I Eugene Ahern on the 18th day of November AD 1875 made my

last will and testament of that day and on the 10th day of July 1876

made a Codicil thereto and nominated & appointed Robert Parker as

executor of said will & testament and whereas said Robert Parker prefers not

to act as such executor, I do hereby nominate and appoint Michael Neville

executor of this my last will and testament, and I do hereby declare

this to be a Codicil to my last will and testament.

In witness whereof I have hereunto set my hand & seal this 24th day of

April A.D. 1877 Eugene Ahern

Signed and acknowledged by said Eugene Ahern as a Codicil to his last

will and testament in our presence & signed by us in his presence and by his request

G. A. Henderson, James R. Lytle,


Probate of Will & first Codocil

The State of Ohio Delaware County SS. }

Personally appeared in open court J. L. Jones & James R

Lytle, the subscribing witnesses to the last will and testament and 1st Codicil to the

same of Eugene Ahern deceased who being duly sworn to speak the truth in relation

to the execution of said will & Codicil depose and say that the paper before them

purporting to be the last will and testament and 1st Codicil thereto is the will

and 1st Codicil of Eugene Ahern, they were present at the execution of said will and

1st Codicil at the request of the testator and subscribed their names to the same as
witnesses in

his presence and that they saw the said Eugene Ahern deceased sign and seal said

will & 1st Codicil and heard him acknowledge the same to be his last will and testament

and 1st Codicil that the said Eugene Ahern at the time of making signing & sealing said will

& Codicil was of legal age and of sound and disposing mind and memory and under no

undue restraint whatever. John L Jones, James R. Lytle

Sworn to & subscribed before me this 10th day of May 1877. F. B. Sprague Probate Judge

The State of Ohio Delaware County } SS

In the matter of the 2nd Codicil to the last will & testament of Eugene Ahern decd

we James R. Lytle & G. A. Henderson being duly sworn in open court this 10th

day of May 1877, depose and say that we were present at the execution of the second

Codicil to the last will and testament of Eugene Ahern of Delaware Ohio hereto

annexed bearing date April 24th 1877. that we saw said testator subscribe said

2nd Codicil and heard him declare and publish the same to be the second Codicil

that at the time the testator executed said Codicil he was of Legal age and of

Sound mind and memory and not under any restraint & that we signed

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

of each other James R. Lytle G. A. Henderson


Sworn to & subscribed before me this 10th day of May AD 1877

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 108)

[page 108]

[corresponds to labeled page 52 of Will Record Vol. 6 1876 - 1883]

52

Gottfried Shultz Will

May 14th 1877

On this day the Last will and testament of Gotfried Shultz

was presented and duly proved and admitted as the

last will and testament of Said Gotfried Shultz

See Journal 4 Page 562


Copy of the Will

In the name of the benevolent Father of all

I G. Shultz of Delaware County Ohio

do make and publish this my last will and testament

1st After all my debts are fully paid and discharged I will to my

last wife Hannah Shultz the sum of Four Hundred Dollars

in addition to her dower in my Estate

2nd I will & bequeath to Norman Shultz Augusta Shultz Godfred

F Shultz & Godard Uon an equal division of all the rem-

ainder of my estate

3rd I hereby nominate and appoint John H Warren executor of

this will hereby authorizing & empowering him to sell by private

sale or otherwise my lots in Millville Delaware County Ohio & deed

or deeds to purchasers to make acknowledge & deliver as my executor

in fee simple: In testimony hereof I have hereunto set

my hand and seal this 26th day of Nov. AD 1868

Gottfried Shultz {Seal}

Signed and acknowledged by G Shultz as his last will in our

presence & signed by us in his presence Wm M. Warren: Wm M. Warren Jr


The State of Ohio Delaware County } SS.

Personally appeared in open court Wm M. Warren & Wm. M. Warren Jr

the subscribing witnesses to the last will & testament of Gottfried Shultz decd

who being duly sworn according to law to tell the truth in relation to the execution

of said will, depose and say that the paper before them purporting to be the

last will and testament of G Shultz now decd is the will of said decd G

Shultz that they were present at the execution of said will at the request

of the testator subscribed their names to the same as witnesses in his

presence and that they saw the said testator sign and seal said will &

heard him acknowledge the same to be his last will and testament, that

at the time of signing and sealing said will said testator was of legal

age and of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

Wm. M. Warren

Wm. M. Warren Jr

Sworn to & subscribed in open court this

14th day of May AD. 1877. F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 109)

[page 109]

[corresponds to labeled page 53 of Will Record Vol. 6 1876 - 1883]

53

William Zimmer's Will

May 21st 1877

On this day the Nuncupative last will and

testament of William Zimmer was presented for probate

and record and duly proven as such last verbal will

See Journal 4 Page 565

F. B. Sprague

Probate Judge


Copy of the Will and testimony

The following is the last will of William Zimmer Merchant

of Delaware Delaware County Ohio, who being sick and nigh

unto death which occured the next day the same was made

by the said William Zimmer in the presence of the persons

whose names are hereto subscribed and who were specially

requested by said testator to take notice to the same as

witnesses to said will and which was in these words, to wit

"I give to my wife all my property and I desire her to have

"everything as long as she shall live and I desire that she

"shall carry on everything as it now is as long as she lives"

We the undersigned were called upon by the said

William Zimmer at the time the said testamentary words

were spoken to bear testimony to said disposition as his will

This will was reduced to writing on the (12th) Twelfth day of May

A.D. 1877 being the Third day after the day of the death of said

William Zimmer and subscribed by us in the presence of each other

as witnesses to said will: In testimony whereof we have hereunto

subscribed our names at Delaware Ohio on the (12th) day of

May A D 1877. Rosina Huffman

Conrad Pepper

Benneville Stimmel

Proof of Will

The State of Ohio, Delaware County } SS

The Probate Court

The undersigned Rosine Hoffman, Conrad Pepper, Benneville

Stimmel the above named witnesses to the will, being duly sworn

according to law in open court on this 21st day of May A D 1877

depose and say that on the 9th day of May A D 1877 the

Said Rosine Hoffman Conrad Pepper & Benneville Stimmel

were at the request of the testator William Zimmer to notice

what his last verbal will was and then stated his will to be

just as the same is now reduced to writing as stated in the

paper to which this is attached and of which the following

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 110)

[page 110]

[corresponds to labeled page 54 of Will Record Vol. 6 1876 - 1883]

54

William Zimmer's Will

is a true copy viz "I give to my wife all my property

and I desire her to have everything as long as she lives

and I desire that she shall carry on everything as it

now is as long as she lives"

That the said William Zimmer

was then in last sickness and died the next morning

the 10th day of May at 11 O'Clock A.M. That at the time

of making Said verbal will the testator William Zimmer

was of legal age and of sound mind and under no

undue or unlawful restraint whatsoever

Rosina Hoffman

Conrad Pepper

Benneville Stimmel

Subscribed and sworn to before me this 21st day of

May A D 1877

F. B. Sprague

Probate Judge
============================================================

May 22nd 1877

William H. Patrick's Will

On this day the last will and testament of William

H. Patrick deceased late of Orange Township Delaware

County Ohio was presented and duly proven as such

last will and testament

See Journal 4, Page 567

F. B. Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all I William H.

Patrick do make and publish this my last will and

testament

1st I give and devise to my beloved wife in Lieu of her dower

the farm on which we now reside situated in Orange Township

Delaware County Ohio containing twelve acres during her

natural life and all the household goods furniture provisions

and other goods and chattels which may be thereon at the

time of my decease during her natural life as aforesaid

I also give and devise to my beloved wife a life policy which

I hold in the Home Life insurance Company of Brooklyn

New York. I also give and devise to my beloved wife

eighty acres of land which I now own and being in

the County of St Clair in the State of Missouri and being

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 111)

[page 111]

[corresponds to labeled page 55 of Will Record Vol. 6 1876 - 1883]

55

William H. Patrick's Will


the north half of the south east quarter of section 14 Township 36

Range 25 during her natural life as aforesaid, at the death of my

said wife the real estate aforesaid I give and devise to my two children

Charles Henry Patrick and Mary Ellen Patrick and their heirs to be equ-

ally divided between them: If however either of my two children should

die before the decease of my said wife bearing no children living at the

decease of my said wife, then the share of said property above devised

to such child is hereby divided and bequeathed to the other child and

their heirs: If both of my two children should die before the decease

of my said wife leaving no children living at the death of my said

wife Then I bequeath the said property after the death of my said

wife to my next Kin living

2nd I give and devise all the residue of my property to my two children

to be equally divided between them when they arrive at the age of major

ity

3rd I do hereby nominate and appoint my beloved wife executrix of this

my last will and testament hereby authorizing her to compromise

adjust release and discharge in such manner as she may deem

proper the debts and claims due me: I desire that no appraisement

and no sale of my personal property be made & that my wife shall

not be requested to give a Bond as executrix or guardian & that

the court of Probate direct the omission of the same in pursuance

of the statute: I desire that my dear mother shall have a home

with my wife during her life and that my wife provide for her

out of the means devised to her

In testimony hereof I have here unto Set my hand and seal

this 3rd day of May A.D. 1877.

William H. Patrick {Seal}

Signed and acknowledged by said William H Patrick as his

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

Rufus Carpenter, Joseph J. Woods.

The State of Ohio Delaware County } SS

Personally appeared in open court Rufus Carpenter & Joseph H Woods the subscribing witnesses

to the last will and testament of William H Patrick deceased who being duly sworn

according to law to speak the truth in relation to the execution of said will depose

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

of Joseph H Patrick now deceased is the will of the said deceased William H

Patrick that they were present at the execution of said will at the request of the

testator subscribed their names to the same as witnesses in his presence and that

they saw the said William H Patrick deceased sign and seal said will and

heard him declare the same to be his last will and testament that the said

William H Patrick at the time of making signing and sealing said will was

of legal age and of sound and disposing mind and memory and under

no undue or unlawful restraint whatever Rufus Carpenter

Joseph J. Woods

Sworn to & subscribed before me this 22nd day of May AD 1877

F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 112)

[page 112]

[corresponds to labeled page 56 of Will Record Vol. 6 1876 - 1883]

56

James R Beard's [Baird] Will

May 26th 1877

On this day the last will and testament with

the codicil thereto was presented for Probate and record

and duly proved and ordered to be admitted to Probate

& record as such

See Journal 4 Page 569

F. B. Sprague

Probate Judge


Copy of the Will

In the name of the Benevolent father of all

I, James R Baird of the city of Delaware County of

Delaware and State of Ohio being of sound mind and

memory do make and publish this my last will and

testament hereby revoking and declaring null and void

all other last wills & testaments or writings in the nature

of last wills and testaments heretofore by me made

Item 1st I desire that all my just debts and funeral expen-

ses and expenses incidental thereto shall be paid as soon

as can reasonably be done after my decease

Item 2nd After paying the expenses named in Item first above

Specified and all expenses incurred in the probate court

in the proof and record of this will and attending to the

carrying into effect the provision of the same I will and

bequeath to my Son Thomas Baird to be paid annually

the rents and profits of all the balance of my estate

real and personal during his natural life excepting

so much from said rents and profits as shall by the

Probate court be judged a reasonable compensation to be

paid to my trustees of my estate to be hereafter appointed

Item 3rd At my decease and after this will shall have been admit-

ted to Probate & record I desire the Probate Court to appoint some

Suitable person Trustee whose duty it shall be to take

charge of and manage my estate and in all respects

to carry into effect the provisions of this will, and

that said Trustees be required to give bond to the satisfac-

tion of said Court Conditioned for the safe and carefull

management of my said estate and that said Trustee

be allowed such compensation yearly for his services in

this behalf as the Probate Court may deem reasonable

Said compensation to be paid out of the rents and

profits of Said Estate and the said Trustee is from

time to time as it shall become necessary invest the

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 113)

[page 113]

[corresponds to labeled page 57 of Will Record Vol. 6 1876 - 1883]

57

James R. Baird's Estate


the funds of said estate in such safe and carefull manner

as he may deem best, and to pay out yearly the rents and

profits as hereinbefore directed.

Item 4th At the decease of my son Thomas Baird I will and bequeath

to the children of my Brother William Baird and the children

of my sister Jane Beach the remainder of my estate both

real and personal to be distributed among said children share

and share alike

Item 5th If at any time prior to the full and entire settlement of

my estate the Trustee so as hereinbefore provided should die

become incapacitated or for good & sufficient cause should

cease to serve as said trustee then and in that case I desire

the said Court to appoint some suitable person as his successor

in said trust with all the powers and on the same conditions

and under the same restrictions as the trustee first appointed

In testimony whereof I set my hand and seal to this

my last will and testament on the 17th day of November AD 1874

James R Baird {Seal}

Signed by the said James R Baird as his last will and

testament in our presence and by us at his request and in

his presence and in the presence of each other this 17th day of

November A D 1874 A. R. Gould

Margaret J Gould


Codicil to the Will

In the name of the benevolent father of all I James R Baird of the County

of Delaware and State of Ohio being of sound mind and memory do make &

publish this my last will in addition to one I made and signed some time

over two years ago which is now deposited with the Probate Judge in said

County: I hereby constitute and appoint my friends John Cunningham and Robert

O Brown to take charge of all my estate at my decease and with my estate

according to the directions in said will and they or either of them

are hereby authorized to sell and convey any real estate I may be possessed

of at my decease and do & perform all other matters that may be

necessary according to law. In testimony whereof I hereunto set my

hand and seal this sixteenth day of May A.D. 1877.

James R. Beard {Seal}

The above instrument was signed acknowledged by the testator in

our presence and signed by us in his presence and at his request

Ambrose Blinn

William Blinn

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 114)

[page 114]

[corresponds to labeled page 58 of Will Record Vol. 6 1876 - 1883]

58

James R. Baird's Will

Probate of Will

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open court

Margaret J. Gould (who with A. R. Gould now deceased) were

the subscribing witnesses to the last will and testament of

James R Baird deceased who being duly sworn according

to law to speak the truth in relation to the execution of said

will deposes and says that the paper before her purporting

to be the last will and testament of James R Baird

now deceased is the will of said deceased James R Baird

that they were present at the execution of said will at the

request of the testator subscribed their names to the same

as witnesses in his presence and that She saw the said

James R Baird deceased sign and seal said will and

heard him acknowledge the same to be his last will and

testament, that the said James R Baird at the time

of making signing and sealing said will was of legal age

and of sound and disposing mind and memory and

under no undue or unlawfull restraint whatsoever

Margaret J. Gould

Sworn to and subscribed in open court this

26th day of May A.D. 1877.

F B Sprague Probate Judge

The State of Ohio }

Delaware COunty } SS

Personally appeared in open court E. B.

Adams and John Chapman who being duly sworn say

that they are well acquainted with the hand writing of

A R Gould now deceased. That the signature to the last

will and testament of James R Baird attached hereto

purporting to have been signed by said A R Gould is

his signature and that both the body of the will and

the signature was written by him in his lifetime as we

believe, and further deponents saith not

E B Adams

John Chapman

Subscribed and sworn to before me this 26th

day of May A. D. 1877

F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 115)

[page 115]

[corresponds to labeled page 59 of Will Record Vol. 6 1876 - 1883]

59

James R Baird's Will

The State of Ohio } In Probate court,

Delaware County } SS Testimony to Codicil to will

Personally appeared in open court Ambrose Blinn

& William Blinn the subscribing witnesses to the codicil to the

last will and testament of James R Baird deceased who

being duly sworn according to law to speak the truth in relation

to the execution of said codicil depose and say that the paper

before them purporting to be the Codicil to the last will and testament of

James R Baird now deceased is the codicil to the said last

will and testament of said deceased James R Baird

That they were present at the execution of said codicil at the

request of the testator subscribed their names to the same as

witnesses in his presence and that they saw the said James R

Baird deceased sign and seal said codicil and heard him

acknowledge the same to be a codicil to his last will and

testament that the said James R Baird at the time of making

signing and sealing said codicil to the will was of legal age

and of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

William Blinn

Sworn to & subscribed in open court

this 26th day of May A D 1877

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 116)

[page 116]

[corresponds to labeled page 60 of Will Record Vol. 6 1876 - 1883]

60

Benjamin Benedict's Will

June 2nd 1877

On this day the last will and testament with

the codicil thereto was presented for Probate &

record and duly proven and ordered to be

admitted to Probate & record

See Journal 5 Page 1.

F. B. Sprague

Probate Judge


Copy of the will

Know all men by these presents that I Benjamin

Benedict of Kingston Township Delaware County

Ohio do make and publish this my last will and

testament in following form, that is to say

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

expenses be paid

2nd I give and bequeath unto my wife Jane Benedict in

lieu of her dower Forty seven (47) acres of land in

the south part of the farm on which we now reside

during her natural life. I moveover give and bequeath

unto my wife during her natural life the north part

of the house in which we now live together with all the

household and kitchen furniture beds & bedding owned

by me at the time of my decease. I likewise give unto

her one Horse one Cow and ten sheep such as she

may select

3rd I give and bequeath unto my two grandsons Ira Ben-

edict & Edgar Benedict each one hundred and seventy

one dollars and fifty cents to be paid, one half in one

year and one half in two years from my decease

4th I give and bequeath unto my son Sturgis

Benedict and his heirs forever in fee simple the

farm on which we now reside situated in Kingston

Township Delaware County Ohio and containing

about one Hundred and Forty seven acres, Subject how

ever to the rights granted to my wife in the Second

Item of this will I moreover give unto my son

Sturgis Benedict all the live stock of all Kinds owned

by me at my decease except what is given to my wife

in the second item of this will. I likewise give unto

my said son all my personal property monies and

credits not otherwise disposed of in this will and owned

by me at the time of my decease

5th It is my will that at the time of the decease of my

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 117)

[page 117]

[corresponds to labeled page 61 of Will Record Vol. 6 1876 - 1883]

61

Benjamin Benedict's Will

wife all the household and kitchen furniture beds and

bedding then left shall belong one half to my son Sturgis

Benedict and the other half in equal parts to my two grand

sons Ira Benedict & Edgar Benedict

6th I do hereby nominate and appoint Franklin M Owen

of Kingston Township county and state aforesaid Executor

of this my last will & 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 & 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 21st day of March A D 1868.

Benjamin Benedict {Seal}

Signed and acknowledged by said Benjamin Benedict

as his last will & testament in our presence and signed by

us in his presence N. P. Ferguson

H Hodgden


Codicil to the foregoing Will


Whereas I Benjamin Benedict of the Township of

Kingston County of Delaware in the State of Ohio

having made and duly executed my last will &

Testament in writing bearing date the 21st day of March

A.D. 1868. Now I do hereby declare this present writing to

be as a codicil to my said will and direct the same to

be annexed thereto and taken as a part thereto as follows

That Whereas F M Owen appointed in the foregoing will

as executor thereof has deceased, Therefore I do nominate

and appoint William H Maxwell as executor of my last

will and testament instead of F M Owen deceased

with all the powers delegated to the same in said will

In witness whereof I have hereunto set my hand and seal

this 21st day of June A D 1875

Benjamin Benedict {Seal}

Signed Sealed and delivered in

our presence as dated above

J. Sheets

A Sheets

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 118)

[page 118]

[corresponds to labeled page 62 of Will Record Vol. 6 1876 - 1883]

62

Benjamin Benedict's Will

Probate of Will

The State of Ohio Delaware County } SS In Probate Court


Personally appeared in open Court N. P. Ferguson &

H. Hodgden the subscribing witnesses to the will of the

Said Benjamin Benedict, and J. Sheets and A

Sheets subscribing witnesses to the codicil to said will

who being duly sworn according to law to tell the truth

in relation to the execution of said will and the codicil

thereto depose and say that the paper before them

purporting to be the last will and testament with

the codicil thereto of Benjamin Benedict is the will

with the codicil thereto of the said Benjamin Benedict

that they were present at the execution of said will and

Codicil subscribed their names to the same as witnesses

in his presence and that they saw Benjamin Benedict

deceased sign and seal said will and codicil and heard

him acknowledge the same to be his last will and codicil,

That the said Benjamin Benedict at the time of making

signing & sealing said will & codicil was of legal

age and of sound and disposing mind and mem-

ory and under no undue or unlawfull restraint what

soever. H Hodgden }

N P Ferguson } Witnesses to the Will

J. Sheets }

A Sheets } Witnesses to the Codicil

Sworn to & subscribed in open court this

2nd day of June A D 1877

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 119)

[page 119]

[corresponds to labeled page 63 of Will Record Vol. 6 1876 - 1883]


63

Joseph Norr's Will

June 8th 1877

On this day the last will & testament of Joseph

Norr late of Ashley Delaware County Ohio, was presented

and duly proven and admitted to Probate & record as the

last will and testament of the said deceased Joseph Norr

See Journal 5 Page 3

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent Father of all

I Joseph Norr of Ashley County of Delaware & State of Ohio

do make and publish this my last will and testament

1st It is my will that my Just debts and all charges including

doctors bill funeral expenses to be paid out of my estate

2nd I give and devise all the residue of my estate both

real and personal to Elizabeth my wife to be to her and

her heirs forever, the said real estate belonging to my said

Estate consisting of the house and lot in the Village of

Ashley now occupied as my homestead and also the farm

in Oxford Township Delaware County Ohio recently purchased

of Franklin Bartholomew

3rd I appoint and make the said Elizabeth my wife

Executrix of this my last will and testament and further

that I desire that no appraisement and no sale of personal

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 hereunto set my hand

and seal this 15th day of February A D 1876.

Joseph Norr {Seal}

Signed and acknowledged by said Joseph Norr as his

last will and testament in our presence and signed by us

in his presence, John Chapman Josephus F. Doty

The State of Ohio County of Delaware } SS

Personally appeared in open court John Chapman and Josephus Doty the sub-

scribing witnesses to the last will & testament of Joseph Norr deceased who being

duly sworn according to law to speak the truth in relation to the execution of said will

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

of Joseph Norr now deceased is the will of the said deceased Joseph Norr that they

were present at the execution of said will at the request of the testator subscribed

their names to the same as witnesses in his presence and that they saw the said

Joseph Norr deceased sign & seal said will and heard him acknowledge the

same to be his last will & testament that the said Joseph Norr at the time of

making signing & sealing said will was of legal age and of sound and disposing

mind and memory and under no undue or unlawful restraint whatsoever


Sworn to & subscribed in open court } F B Sprague

this 8th day of June A D 1877 } Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 120)

[page 120]

[corresponds to labeled page 64 of Will Record Vol. 6 1876 - 1883]


64

Horace Janes: Estate Will

July 20th 1877

On this day the Last will and testament of Horace

Janes was presented and duly proved and ordered

admitted to record as such last will and Testament

Journal 5 Page 15

F. B. Sprague

Probate Judge


Copy of The Will


In the name of the benevolent father of all, I Horace Janes of

Delaware County Ohio do make this my last will and testament

Item 1st It is my will that my wife Jane and daughter Minerva

shall have the homestead containing 84 1/4 acres of land in Range

18 Township 4 Section 4 Lot l Berlin Township Delaware

County and also 15 acres of Lot 16 Sect 3 it being one half

of 30 acres divided north and south, they having the east half

Item 2 That my son Seymour Janes shall have 19 3/4

acres in range 18 Township 4 Section 4 Lot 2 in said T.P

& county and 15 acres in Lot 16 Section 3 it being the west half

of 30 acres: In testimony whereof I have hereunto set my hand

and seal this Eleventh day of July in the year one thousand eight

Hundred and seventy Seven Horace Janes {Seal}


Signed and acknowledged by said Horace Janes as his last will

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

L M Hitchcock

H S Rust


Probate of the Will

The State of Ohio Delaware County } SS

Personally appeared in open court L M Hitchcock & H S Rust the

subscribing witnesses to the last will and testament of Horace Janes decd

who being duly sworn according to law to speak the truth in relation to the execution

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

will and testament of Horace Janes now deceased is the will of the said

deceased Horace Janes. That they were present at the execution of said will

at the request of the testator subscribed their names to the same in his

presence as witnesses and that they saw the said Horace Janes deceased sign

and seal said will and heard him acknowledge the same to be his last will

& testament that the said Horace Janes at the time of making signing and sealing

said will was of legal age and of sound and disposing mind & memory and not

under any undue or unlawfull restraint whatsoever: H.S. Rust, L.M. Hitchcock

Sworn to and subscribed in open Court this 21st day of July AD 1877

F B Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 121)

[page 121]

[corresponds to labeled page 65 of Will Record Vol. 6 1876 - 1883]


65

Joseph Roloson's Estate

August 2nd 1877

On this day the last will and Testament of Joseph

Roloson decd was presented and duly proved and

admitted to Probate & Record

See Journal 5 Page 20


Copy of the Will

In the name of God Amen,

I Joseph Roloson of the township

of Berlin in the county of Delaware and state of Ohio

being of sound mind and memory and considering the

uncertainty of this frail and transitory life do therefore make

ordain publish & declare this to be my last will and testament

That is to say first after all my lawfull debts and expense

that may arise in the settlement of my Estate are paid &

discharged the residue of my estate real & personal I give bequeath

and dispose of as follows: To my beloved wife Margaret

I give devise & bequeath the one third part in value of all

my real estate to her and her heirs and assigns forever

in fee simple so that by this will she will take an absolute

title in fee simple in said third part in value

I further give devise and bequeath to my said wife all

my personal property of every name nature and description

whatsoever including stocks or bonds moneys and credits being

all that is left after paying my debts and any expenses

that may be incured in the settlement of my estate,

This bequest to my wife is in lieu of that portion of my

estate real & personal to which she would be entitled by

law were I to make no will and also in lieu of her years

support which would have been set off to her had I made no

will

I give bequeath and devise all the residue and remainder

of my real estate being the two thirds part thereof to my children

to wit, Lydia wife of Reuben C Gardner, Elisabeth wife

of Lewis Richardson Henrietta wife of Chauncy W Smith

Louisa Roloson, and Fidelia Roloson all now resident

in Berlin township Delaware County Ohio but Elisabeth who

resides in Madison County Ohio, so that each of my said

Children at my decease shall be seized in fee simple of the

undivided one fifth (1/5) part of the two thirds (2/3) part of

all my real estate

In case any one or more of my children die before I do leaving

no child living at my decease, then the share of my said

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 122)

[page 122]

[corresponds to labeled page 66 of Will Record Vol. 6 1876 - 1883]


66

Joseph Roloson's Will

real estate which such child of mine would have taken

by this will had she been living at my decease I give and

devise and bequeath to such of my said children as shall

be living at my decease and to my grandchildren living

at my decease whose mother may have not survived me

so that said grandchildren may take by this will jointly

the share that their mother would have taken had she

survived me: In case any of my children die before I

do leaving children surviving me it is my will that the share

which the mother would have taken by this will had she

survived me go to the child or children of said mother jointly

In case my personal property should prove insufficient

for the payment of my debts funeral expenses and any

expenses that may be incured in the settlement of my

estate it is my will that such deficiency be paid out of

my real estate before any division thereof is made and then

in that case it is my will that the residue left of my

real estate after making up such deficiency be divided

as hereinbefore stated to wit one third to my children in

fee simple with the same arrangement in case of a child

or children surviving me or in case of dying with child or

children surviving me as above set forth

I constitute and appoint my said wife executrix of

this my last will and testament and request that she

be not required to give bonds, and further request that there

be no appraisement or inventory of my estate required

In witness whereof I have hereunto subscribed my name and

affixed my seal this 28th day of January in the year of

our Lord one thousand Eight Hundred and seventy four

John Roloson {Seal}


The above written instrument was subscribed by the said

Joseph Roloson in our presence and acknowledged by him

to each of us and he at the same time published and

declared the above instrument so subscribed to be his last

will and testament and we at the testators request and

in his presence have been signed our names as witnesses

hereto and written opposite our names our respective

places of residence John Chapman

Henry J Eaton

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 123)

[page 123]

[corresponds to labeled page 67 of Will Record Vol. 6 1876 - 1883]

67


Joseph Roloson's Will

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court John Chapman

& Henry J Eaton the subscribing witnesses to the last will

and testament of Joseph Roloson deceased who being duly

sworn according to law to speak the truth in relation to the

execution of said will depose and say that the paper before

them purporting to be the last will and testament of Joseph

Roloson now deceased is the will of said deceased Joseph

Roloson, that they were present at the execution of said will

at the request of the testator subscribed their names to the

same as witnesses in his presence and that they saw the

said Joseph Roloson sign and seal said will and heard

him acknowledge the same to be his last will and test-

ament, that the said Joseph Roloson at the time of making

signing & sealing said will was of legal age and of sound

and disposing mind and memory and under no undue

or unlawfull restraint whatsoever

John Chapman

Henry J Eaton

Sworn to & Subscribed in open court this second day

of August A D 1877

F. B. Sprague Probate Judge
===========================================================

Margret E. Nettleton's Will

August 14 1877

On this day the Last Will and Testament of

Margaret E Nettleton decd late of Berlin Township was

presented and duly proven as the last will & testament of said

Margaret E Nettleton

See Journal 5 Page 21

F. B. Sprague Probate Judge


Copy of the Will

Know all men by these presents that I Margaret E Nettleton

of the Township of Berlin in the County of Delaware and State

of Ohio considering the uncertainty of this life and being of

sound mind and memory do make declare and publish

this my last will and testament

I give and bequeath unto my Son Charles C Nettleton the

following described land situated in Berlin Township Delaware

County Ohio in Range Eighteen Township four Section four

United States Military Survey bounded and described as follows