Last Will & Testament of Ellen DEARTH, Bay County, FL File contributed for use in the USGenWeb Archives by: Judi Z. Gharst, (JGharst@bellsouth.net). USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or publication by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ****************************************************************************************** Will of Ellen Dearth Ellen Dearth to Florence E Bedford WILL. I Ellen Dearth of the County of Warren and State of Ohio, do make publish and declare this to be my last Will and Testament hereby revoking and annulling all former wills, whatsoever by me made. Item First, I desire my body to be disposed of by cremation unless there should be sufficient reason why it should not be conveyed to the Crematory. Item Second, I desire all my just debts and funeral expenses to be paid as soon as convenient after my decease. Item Third, I give, devise and bequeath to my beloved cousin Florence E. Bedford, who has been a sister to me, in sickness and in health, all of my property and estate, whether real, personal or mixed, to have, to enjoy and to use, without restrictions and with full power to sell and convey the same, and to execute proper deeds and writings for that purpose, and with right to use, enjoy, alienate and dispose of the proceeds of the sale thereof as her own, without regard to any further conditions of this will, and I constitute and appoint the said Florence E. Bedford sole executrix of this will, and desire that she be not required to give bond as such executrix and that no inventory or appraisement be ordered or made. Item Fourth, If at the decease of the said Florence E. Bedford there should be a residue of this property or the proceeds thereof, ununsed and not disposed of, except household goods, which I desire her to dispose of, or to allow to pass on to her legatee, that residue whether real, personal or mixed, I give and bequeath to the American Unitarian Association, a Corporation established by law in the State of Massachusetts: And I desire the person acting as President of the said Association at the time of receiving the bequest, to appoint at his discretion one executor or more of the same. Item Fifth, Should the death of the said Florence E. Bedford occur before my death, I desire all provisions of this will except those relating to her, to be carried out as directed herein the same as if she had survived me. Item Sixth, While revoking other wills that I have made I desire to make the statement that they have not been annulled on account of any great change in my wishes in regard to the disposal of my property, but that on the contrary only minor details have been changed and that each and every will by me made, has contained the one leading bequest namely that to my cousin Florence E. Bedford. Item Seventh. I desire to State, in order to prevent confusion that either form of my name Ellen or Ella, has been used by me in business transactions. In Witness whereof I have hereunto set my hand and seal this first day of June A. D. 1894 Ellen Dearth (Seal) Signed, sealed and acknowledged by Ellen Dearth as and for her last Will and Testament. In our presence and in the presence of each other, and subscribed and attested by us as witnesses in her presence and at her request. Albert Anderson William McDonald Codicil Whereas I, Ellen Dearth of Warren County Ohio, on the first day of June in the year 1894 made and executed my last will and testament of that day. I do hereby declare the following to be a Codicil to the same. I desire to revoke the contents of item fourth of my will of the above date which provides that any residue of my property except household goods existing at the death of Florence E. Bedford should revert to the American Unitarian Association and instead of this provision of item fourth, I do hereby give and bequeath this same residue to the Tuskegee Normal and Industrial Institure, for the training of colored young men and women, of Tuskegee Alabama desiring that it shall be known as the Samuel Dearth fund and shall be appropriated to establishing scholarship for pupils who have shown an eager desire for knowledge, and a capicity to first help themselves, and I desire the person acting as President of the above mentioned Institute at the time of receiving the bequest, to appoint at his discretion one executor or more to carry out the provisions of this Codicil. In Witness Whereof I have hereto set my hand and seal this 30th Day of March A. D. 1898. Ellen Dearth Signed sealed and acknowledged by Ellen Dearth as and for her Codicil to her last will and testament in our presence and in the presence of each other, and subscribed and attested by us as witnesses in her presence and at her request. Anna T. Easton. Charles C. Easton. The State of Ohio Probate Court. Warren County, as, I Robert J. Thowhan Judge and Ex-Officio Clerk of the Probate Court, within and for said County, having the custody of the Files Journals and Records of said Court, do hereby certify that the foregoing is a true copy of the last will and testament and codicil of Ellen Dearth, late of Warren County, Ohio, deceased together with the copies of the orders admitting the same to probate as the same appear upon the records of said Court, and I further certify, that I have carefully compared the foregoing copy with the original record, and that the same is a full and correct transcript thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of the said Court, at Lebanon, Ohio, this 10th day of December A. D. 1902. (Probate) Robt. J. Thowhan, Probate Judge and exeficio Clerk of said Court (Seal) The State of Ohio, Warren County, I Robert J. Thowhan sole Judge of the Probate Court within and for said County and State, the same being a Court of law and of record, do hereby certify that Robert J Thowhan whose genuine signature is attached to the foregoing certificate, is, and was at the time of signing the same, Ex Officio Clerk of Said Probate Court, and as such, full faith and credit are due his acts, and that the above certificate and attestation are in due form of law, and made by the proper officer. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Court, at Lebanon, Warren County, Ohio, this 10 day of December, A. D. 1902. (Probate) Robert J. Thowhan (Seal) Judge as aforesaid. Filed for record and recorded this 30th day of January A. D. 1903. W. C. Lockey Clerk Circuit Court. by Mck. A. D. Campbell Dpty. Clerk. State of Florida County of Bay I hereby certify that the foregoing is a true and correct copy of the original as recorded on Pages 662 to 664 inc., Deed Book #6 of the Washington County Records. H. A. Pledger Clerk Circuit Court As Found in Deed Book H, Pages 621, 622 and 623, Bay County Florida Court House.