1848, Waller, Ashbell, Sept. 26th
In the name of the Benevolent Father of All:
I Ashbell Waller of Butler County Ohio do make and publish this my last will and testament.
Item 1st I direct that al my just debts and journal charges be first paid. Item 2nd I direct that my Executor hereafter named pay as soon as he can after my death to my daughter Ruth Thompson two hundred dollars, to my daughter Hannah Myers two hundred dollars, to my daughter Sena Moore two hundred dollars, to my son Alvy Waller two hundred dollars, to my son Salmon Waller two hundred dollars and to my grand daughter Ruth Osborn the sum of two hundred dollars. If my Estate is not sufficient to pay all the above legacies, then each one is to have an equal proportion of what is above directed to be paid to each of them. Item 3. The title to my farm in Liberty township is now in litigation in the Supreme Court of Butler County Ohio as a suite validated by me against Zadre W. Turner. If by the decree in that came the Land would be directed to be recovered to me, then I direct my Executor to sell my said real Estate for the purpose of meeting my debts and the above legacies. But if the Court should merely decree to me the payment of a certain sum of money and leave the title to said land as it now is then the said money is to go towards paying said debts and legacies. Item 4th If there is any thing left of my Estate either real or personal After paying the above legacies I direct that the whole residue thereof shall be equally divided share and share alike between Alvy Waller, Salmon Waller, Ruth Thompson, Hannah Myers, Sena Moore and Ruth Osborn. Item 5. I hereby nominate and appoint Cyrus Osborn to be the Executor of this my last will and testament.
In Witness Whereof I have set my hand and seal this 18th September A.D. 1848.
A Waller [seal]
Signed sealed and acknowledged by the testator
as and for his last Will and testament in our
presence who signed the same as witnesses in
his presence and at his request September 18, 1848.
G. T. Bell
R. H. Cook
Otis Brown
The State of Ohio Butler County ss:
Court of Common Pleas September Term 1848. Be it remembered that at a Court of Common Pleas of the County of Butler aforesaid holden at Hamilton in the said county of Butler, on the twenty sixth day of September in the term of September one thousand eight hundred and forty eight Before the Honourable Elijah Vance Esquire President and Nehemiah Wade, Jeremiah Marston and Charles __ Smith Esquires _______ Judges of our said Court of Common Pleas, The within or before written last Will and Testament of Ashbell Waller who is now deceased being presented for probate by Cyrus Osborn the Executor therein named. And George T. Bell and Robert H. Cook the subscribing witnesses to the said will and testament appearing in their proper persons in open court and being duly sworn severally depose and say, and each of them for himself deposeth and saith in his and their presence the said Ashbell Waller the Testator subscribed, acknowledged and declared the within is before writing on and for his last Will and Testament and that at the time of the said signing and acknowledging this said Testator was of Sound and disposing mind, memory and judgment over twenty one years of age, and under no restraint as they verily believe. And that at the request and in the presence of the said Testator they the said George T. Bell and Robert H. Cook subscribed their names as Witnesses to the said last will and testament.
|
Sworn and subscribed in open court the 26th day of September 1848. Butler Com. Treas. | | G. T. Bell R. H. Cook |