Delaware County, Ohio
of the will of Luther Boyd (Sr.) dec'd born 1781 Vermont
Recorded in book 4, page 310, case number 1612
Proceedings had before
W. Powell, Judge of the Probate Court in
and for the County of Delaware and the State of Ohio at his office in the
town of Delaware on the 28th day of January, 1867.
This day the last will
testament of Luther Boyd, late of Orange
Township in the county, dec'd was presented to the court for probate and
recorded thereupon Cicero M. Elsbee and Gustavus Elsbee the two
subscribing witnesses to the said will, came into court and were duly
sworn and examined, and their testamony reduced to writing, and now
annexed to the said will and filed therewith; and it appearing to the
Court that the said will was duly executed and attested, and that the
testator at the time of execution, the same was of full age and sound
mind and age and not under any restraint; thereupon the Court, upon
consideration thereof, orders that the said will be administered to
probate as duly proved as the last will and testament of the said Luther
Boyd dec'd and ordered to be recorded as such.
Thereupon Levi Boyd the
named in the will came into court and
declined acting as such executor and thereupon the Court appointed James
Phinney Administrator of the said Estate with the will annexed. who gave
bonds in the sum of $100.00 with Levi Boyd, Gustavus Elsbee, Cicero M.
Elsbee his sureties and accepted his appointment.
The Court appointed
Kenyon, William B. McKinnie and Hudson Roe
appaisers of the estate. Wm. Powell, Probate Judge.
(Copy of Will to Wit:)
In the name of the Benevolent Father of all!
Luther Boyd of Orange Township County of Delaware, Ohio
_____ all or any
of my real estate and deeds of purchase to execute
acknowledge and deliver in fee simple-I do hereby revoke all former wills
by me made.
In testamony hereof I
hereunto set my hand and seal this 28th day of
May in the year of our lord one thousand eight hundred and sixty-six.
Luther Boyd (seal)
Signed and acknowledged by said Luther Boyd as his last will and
testament in our presence and signed by us in his presence.
Jan 28, 1867 Gustavus Elsbee
The State of Ohio
Delaware County, in the matter of the last will and
testament of Luther Boyd of Orange Township deceased.
We, Cicero M. Elsbee and
Elsbee being duly sworn in open court
this 28th day of January, AD 1867, depose and say that we were present at
the execution of the last will and testament of Luther Boyd of Orange
Township hereto annexed; that we saw the said testator subscribe said
will and heard him publish and declare the same to be his last will and
testament, and that was of full age, and of sound mind and memory and not
under any restraint and that we signed the same as witnesses and request
and in his presence and in the presence of each other.
Sworn to and subscribed
me in the Probate Court this 28th day of
January A.D. 1867
T.W. Powell, Probate Judge
I, Luther Boyd being of
age and sound mind and of Orange Township,
County of Delaware, State of Ohio will and devise my last will and
testament to wit:
Item 1. I devise and
to my daughter Hannah Bennett two hundred
Item 2. I devise and bequeath to my daughter Diana Callahan thirty acres
of land well fenced to be taken out of my farm directly opposite and
across the road from lands owned by my said daughter Diana Callahan, one
cow and twenty ewe sheep and all the household furniture at my death,
Item 3. I devise and
to my son Levi Boyd eighty acres of land to
include the homestead,
Item 4. I devise and
to my son Luther Boyd Jr, sixty three acres
of land to be taken from my home farm on the east side thereof running
across the same from north to south. I also devise and bequeath to my
said son Luther Boyd Jr. two colts and one cow and all of my wearing
Item 5. I devise and
to my daughter Mary Wilson two hundred
Item 6. I devise and
to my son William Boyd's heirs, one dollar
to be paid when it becomes of age,
Item 7. I devise and bequeath to my son David Boyd fifty dollars,
Item 8. I devise and bequeath to my son Abraham Boyd fifty dollars,
Item 9. I devise and
to my son Levi Boyd all the money, credit
notes and accounts owed by me at my decease, the said Levi Boyd being the
same person named in Item 3 of my will.
Item 10. I do hereby
and appoint my son Levi Boyd executor of
this my last will and testament hereby authorizing and empowering him to
compromise, adjust, release, and discharge in such manner as he may deem
proper the debt and claims due me. I do also authorize and empower him if
it shall become necessary in order to pay my debts to sell by private
sale or in such manner and upon such terms of credit or otherwise as he
Luther Boyd Jr, 1830-1887 Will/Guardianship
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