Ashtabula County OhArchives Wills.....Wallace C. Strickland June 6 1859 ************************************************ 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: Nan Starjak naela@earthlink.net March 6, 2004, 3:57 pm Source: Sampubco Written: June 6 1859 Recorded: July 11 1859 Ashtabula Co., OH, Vol. A2, pg. 336 In the matter of Wallace C. Strickland’s Will Be it remembered that heretofore to wit at the Court of Probate held at the court house in the town of Jefferson in the County of Ashtabula and State of Ohio on the tenth day of June in the year of our Lord one thousand eight hundred and fifty-nine the Last Will and Testament of Wallace C. Strickland late of Morgan in said County was produced in Court and it appearing that John B. Morris, David Clough and Mary C. Smith the subscribing witnesses to the said will being absent from this state and residents of Wilberham (?) in the County of Hampden and state of Massachusetts, it is ordered by the Court that a commission be issued, with the will attached, to William P. Chaffee of the said town of Wilberham in the County of Hampden, State of Massachusetts, to take the depositions of the said John B. Morris, David Clough and Mary C. Smith, and return the same attached to said Will and commission to this court with all convenient speed. Thereupon a commission with the will attached issued, which said Commission is in the words and figures following, to wit: The State of Ohio, Ashtabula County To William P. Chaffee, Esq. Wilberham, Mass., Greeting. Know ye that in confidence of your prudence and fidelity I have appointed you and by these presents do give to you full power and authority to examine and take the depositions of John B. Morris, David Clough and Mary C. Smith the subscribing witnesses to the last Will and Testament of Wallace C. Strickland hereto annexed, late of Morgan, Ashtabula County, and State of Ohio deceased. And therefore you are hereby commanded that at a certain day or days, and place or places to be appointed by you, you cause the said John B. Morris, David Clough, and Mary C. Smith, to be brought before you and then and there examine them upon their corporeal oath or affirmation first taken before you touching the due execution of said Will of the said Wallace C. Strickland, particularly whether the said John B. Morris, David Clough and Mary C. Smith were present when the said Wallace C. Strickland signed said Will; whether the said testator at the time of executing the same was of sound and disposing mind and memory, and more than twenty-one years of age; whether the said testator executed the said will freely and voluntarily being under no restraint; and whether the said John B. Morris, David Clough, and Mary C. Smith attested the said Will in the presence of the said Wallace C. Strickland and of each other, and that you reduce such examination to writing and return the same with this commission and the said Will of the said Wallace C. Strickland hereto attached, closed up under your seal unto the Court of Probate of said County of Ashtabula with all convenient speed. Witness my hand and official seal at Jefferson this 10th day of June AD 1859. W.A. Plumb (?) Probate Judge by C. G. (or S) Bushnell Depty Clerk {LS} Which said commission, Will and testimony attached was afterwards to wit on the Twenty fourth day of August in the year last above mentioned was returned into the Probate Court under seal. Which said testimony and return is in the words and figures following, to wit: Commonwealth of Massachusetts, Hampden County SS. I hereby certify that before me, William P. Chaffee to whom the above Commission was directed, the above named John B. Morris, David Clough and Mary C. Smith were duly sworn and their several depositions were taken by me at Wilberham in Hampden County on the 11th day of July Eighteen hundred and fifty nine. William P. Chaffee {LS} Testimony: In the matter of the Last Will and Testament of Wallace C. Strickland late of the Town of Morgan in the County of Ashtabula and State of Ohio. We the subscribing being duly sworn depose and say that we were present when the said Wallace C. Strickland signed said Will, and that he was at the time of sound and siposing mind and memory and more than twenty-one years of age, and that he executed the same freely and voluntarily being under no restraint and that we attested said Will in the presence of said Wallace C. Strickland and of each other. John B. Morris, David Clough, Mary C. Smith, sworn to and subscribed before me the 11th day of July AD 1859. William P. Chaffee. Which said Will is in the words and figures following, to wit: “Be it remembered that I Wallace C. Strickland of Morgan, Ashtabula County, State of Ohio, do make and ordain this my last Will and Testament, and in manner and form following, viz.: I give, devise, and bequeath to my beloved wife Mary Ann Strickland, her heirs and assigns forever, all my estate both real and personal of which I may die seized, after paying my just debts and funeral expenses. And I hereby nominate and appoint my wife Mary Ann Strickland executor of this my last Will and testament, revoking all others. In witness whereof I have herunto set my hand and seal this third day of June in the year of our Lord one thousand eight hundred and fifty nine(?). his Wallace C. X Strickland mark Signed, sealed, and published and declared by the said Wallace C. Strickland in the presence of us who subscribed the same as witnesses thereto in his presence and at his request and in the presence of each other. John B. Morris David Clough Mary C. Smith Attest: Henry Tapett (?) Probate Judge This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 5.9 Kb