It appearing to the Probate Court that on the 6th day of December A.D. 1823 the last will and testament of James Hearne deceased, was duly admitted for Probate and Record in the Court of Common Pleas of Hamilton County Ohio, and the Record of said Will was afterwards by law transferred to the Probate Court of said County and that the original Record of said Will was destroyed in the burning of the Court House on March 29th A.D. 1884 but that the original Will together with the endorsement thereon and the Probate thereof upon the Journal of said Court were preserved.
It is now ordered by the Probate Court on it's own motion that the Record of said Will be and the same is hereby restored from said original Will endorsement and Probate as provided by Statute in the words and figures to wit: The State of Ohio Hamilton County S.S. Hamilton Common Pleas. Be it remembered that on the day and year aforesaid the last Will and Testament of James Hearne late of this County deceased was presented to the Court for Probate and Record clothed in the words and figures following to wit:
In the name of God amen I James Hearne of the Township of Green County
of Hamilton and State of Ohio, Farmer, being sick and weak in body but
of perfect mind memory and understanding calling unto mind the mortality
of my body and knowing that it is appointed for all men once to die do
make and ordain this my last will and testament in manner and form
following
First I give and bequeath unto my dearly beloved wife my
landed estate with the profits thereof as long as she remains my
widow and also all my horses all my cows or other horned cattle all
my sheep all my hogs all my farming utentials viz ploughs harrows hoes
axes iron traces collars haines back bands & together with all the
household and kitchen furniture such as beds and bedding chairs all
the pot mettle and all other cooking utentials & she paying the following
money legacies expenses of funeral and other incidental expenses
Second I give and bequeath unto my son Joshua Hearne five dollars
Third I give and bequeath unto my son Moses Hearne five dollars
Fourth I give and bequeath unto my son Jesse Hearne five dollars
Fifth I give and bequeath unto my son Beverly A.Hearne five dollars
Sixth I give and bequeath unto my son James Hearne the use of my waggon jointly with my wife and my son Stephen in the lifetime of my wife and at her death or marriage the waggon to belong to James and Stephen jointly also my clock at my wife's decease or marriage
my double tricker gun to belong to James Hearne
Seventh I give and bequeath unto my son Isaac Hearne twenty five dollars also my single tricker riffle gun
Eighth I give and bequeath unto Stephen M. Hearne all my landed property at the death or marriage of my wife, also a mare a saddle and bridle which is at present called his also the use of my waggon jointly with his mother and brother James
Ninth I give and bequeath unto my daughter Elizabeth Stouton five dollars
unto my daughter Sanrina Scuddle five dollars
unto my daughter Nancy Miller five dollars
unto my daughter ?Meneter? Stouton five dollars
Tenth I also give and bequeath unto my wife the use of my waggon jointly with my son James and Stephen also all my grain which has come to perfection and all that is growing in the ground all my geese and fowls of all kinds
lastly I do also constitute my son James Hearne to be the executor
of this my last will and Testament and I do hereby
disallow revoke and disanul all and every other wills and testaments
legacies and bequests be me made at any former time confirming this my
last will and testament and no other In witness whereof I have hereunto
set my hand and seal this third day of October in the year of our Lord
one thousand eight hundred and twenty three
James Hearne