Allen County OhArchives Wills.....Harshe, Et Al May 20 1879 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Dan Mead dmead@houston.rr.com May 25, 2004, 12:51 pm Source: Probate Court Record Written: May 20 1879 Recorded: June 8 1888 Transcribed from SAMPUBCO copy by Dan Mead Allen County, Ohio, D-507 through 510 RECORD OF WILLS, ALLEN COUNTY, O. The Last Will and Testament of David Harshe Proceedings had in the Probate Court of Allen County Ohio, held in the CourtHouse at Lima this 8th day of June A.D. 1888. Be it remembered that here- to-for to wit: on the 5th day of June A.D. 1888 an instrument of writing purporting to be the last Will and Testament of David Harshe late of Jackson township in this county deceased was produced in open court for Probate, which said will is in the words and figures following to wit: In the name of the benevolent father of all; I David Harshe of Jackson Township, Allen County Ohio being of sound mind do make and publish this my last Will and Testament. Item 1st; I desire that my property be applied first to the payment of my debts and expenses of my last sickness and funeral. Item 2nd; I give and bequeath to each of the following grand-children (children of my daughter Dorha Ann Hall now deceased) named David Hall, Eleanor Hall, and James Hall the sum of thirty- three and 33/1000 dollars. Item 3rd; To each of my two children by my first wife named James R. Harshe and Samantha Kirby I give and bequeath the sum of fifty dollars. Item 4th; I do give and bequeath and devise unto my beloved wife Sophia Harshe all my property estate and effects both real and personal embracing all lands and interests in lands movies, notes, books of account, chooses in action and claims of what’s ever nature after the payment of my debts and the bequests herein before made to be by her held and used for her support and the support of my children by my said wife Sophia so long as she shall live, that is to say she shall use the personal property in the support of herself and my said children by her so long as she shall live, and she shall have a life estate in my said lands, but this bequest and devise goes to her charged with the support of my children by my said wife Sophia. Item 5th; I do give bequeath and devise to my children by now wife Sophia named Elea Nor Harshe, David Harshe, Andrew Harshe Martin, Sophia Harshe and Ina Servilla Harshe to be by then taken upon the death of my said wife Sophia share and share alike all my real and personal property above bequeathed land devised to my said wife Sophia which may be remaining after the amount so used by her for her and their support. They upon her death taking absolutely share and share alike all my personal property then remaining in fee. Item 6th; In case any of my said children by my now wife Sophia should die without issue of their body living then the remaining children by my now wife Sophia shall take the bequest and devise in Item 5th; absolutely share and share alike or in case there should be born to me by my said wife Sophia a child or children after the date of this Will, then such child or children shall share with the above named my children of my now wife Sophia the bequest and devise in Item 5th; absolutely share and share alike. Item 7th; In case any one or more of the persons named in items 2 and 3 of this will should die without issue their living, then the money so bequeathed shall remain with and pass to my said wife for the purpose and in the manner named in item 4th; of this will. I do hereby name and appoint my said wife Sophia Harshe executrix of this my last will and testament and request that she in regard to her duties in the premises and for her safety as such executrix consult and employ Richie and Richie attorneys at law of Lima Ohio to give her counsel, prepare her accounts and be her legal advisor in all matters pertaining to her duties. And in case it should be necessary for her support and the support of my said children for her to sell any portion of my real estate, I desire that the Court upon such showing being made, order and direct her to sell the same sufficient to support her and my said children by her in a respectable and comfortable manner. In testimony where of I have here unto set my hand and seal this 2oth day of May A.D. 1879. David Harshe , Signed, sealed and acknowledged by David Harshe as his last Will and Testament in our presence and the presence of each of us separately and signed by us in his presence this 20th day of May A.D. 1879. W.B. Richie, J.E. Richie, and whereupon to wit: on said 5th day of June A.D. 1888 the Court made an order relative to said Will as follows: In the matter of the Will of David Harshe deceased June 5th A.D. 1888. This day an instrument of writing purporting to be the last Will and Testament of David Harshe late of Jackson Township in this County deceased was produced in open Court for Probate. Whereupon the Court ordered said Will be placed on file and that a notice issue to W. B. Richie and J. E. Richie the subscribing witnesses to said will; also to Sophia Harshe widow of said David Harshe deceased, and James R. Harshe, Samantha Kirby, Eleanor Hall (now Thompson), James Hall, Clara Ellen Harshe, David Harshe, Andrew Harshe, Martha S. Harshe, and Ina Serville Harshe, the heirs and next of kin to said decedent, residing in the Sate of Ohio, that said Will is filed in this Office for Probate, and will be for hearing on the 8th day of June A.D. 1888 at one o’clock P.M. John J Linderaus Probate Judge and afterward, to wit: on said 8th day of June A.D. 1888, the testimony, findings, and order of the Court relative to said Will, were entered in the Journal Testimony in words and figures following to wit: The State of Ohio, Allen County vs. In Probate Court Personally appeared in open Court W. B. Richie and J. E. Richie the subscribing witnesses to the last Will Testament of David Harshe late of Jackson Township in said Allen County 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, bearing date the 20th day of May A.D. 1879 purporting to be the last Will and Testament of David Harshe now deceased, is the Will of said deceased; that they were present at the execution of said Will and at the request of the Testator of said Will respectively subscribed their names as witnesses in his presence; that they saw the said David Harshe deceased, sign and seal said Will and heard him acknowledge the same to be his last Will and Testament and that the said Davis Harshe at the time of making, signing, and sealing said Will. Was of lawful age, of sound and disposing mind and memory and under no undue or unlawful restraint what so sever. W.B. Richie, J. E. Richie. Sworn to and subscribed by said witnesses in open Court before me this 8th day of June A.D. 1888 John J. Liudemaner Probate Judge. Final Order of Court. In the matter of the last will of David Harshe deceased, In Probate Court, and now to wit: on the 8th day of June A.D. 1888 came W.B. Richie and J. E. Richie the subscribing witnesses to said Will being duly qualified testified to the due execution and attestation of said Will, which testimony was reduced to writing by them respectively subscribed and filed with said Will. The Court being fully advised in the expenses, does find that the notice here-to-fore ordered to be served upon the widow and next of kin of the said David Harshe deceased, residing in the State of Ohio was duly and legally served. Where upon the court finds that the aforesaid instrument of writing is the last Will and testament of said David Harshe deceased, that the same was duly executed and attested, and that the said Testator at the time of signing the same, was of lawful age, of sound and disposing mind and memory and under no undue or unlawful restraint what so ever. It is there fore by the Court ordered, that the said Will be admitted to Probate and that the same together with the testimony of the subscribing witnesses above named be entered of record in this Court. John J. Liudemaner Probate Judge. In the matter of the Will election of Widow of David Harshe deceased, June 8th A.D. 1888. This day came Sophia Harshe widow of David Harshe deceased, into open Court and after having the provisions of the last Will and Testament of said deceased and her rights under it fully explained and made known to her and also her rights by law fully explained in the event of her refusal to elect to take under said Will after due deliberation she elected to accept of the provisions made for her in said last Will and Testament in lieu of her own interest and distributive share of the Estate of said deceased. Additional Comments: David Harshe is my Great Great Grandfather on my mothers side. James R. Harshe is my Great Grandfather. Margaret Elta Harshe is my Grandmother. This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 9.3 Kb