BELMONT COUNTY OHIO - WILL: PRICE, Elizabeth (d. 1859) *********************************************************************** OHGENWEB NOTICE: All distribution rights to this electronic data are reserved by the submitter. Reproduction or re-presentation of copyrighted material will require the permission of the copyright owner. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/oh/ *********************************************************************** File contributed for use in USGenWeb Archives by Sheryl Amador Samador600@aol.com 25 September 1999 *********************************************************************** Transcribed from Belmont County Ohio Probate Court Will Records, Book I, Pages 255-57, LDS Film # 0317289 by Sheryl Amador Will of Elizabeth Price deceased I Elizabeth Price of the county of Belmont in the State of Ohio do make and publish this my last will and testament in manner and form following, that is to say. First, It is my will that my funeral expenses and all my just (debts) be fully paid: Second, I give and desire and bequeath to my daughter Mary Griffin, one hundred dollars, and to my daughter Susannah Oglevee one hundred dollars, to my son John Price one hundred dollars, and one hundred dollars to the children of my daughter Ann Todd, deceased, to be divided equal share and share alike. Third, I give and devise to my two daughters and grand daughter namely Mary Griffin, Susannah Oglevee and Elizabeth Todd all my household furniture, beds, bedding, bedsteads, all my wearing apparel, to be divided as near equal as may be, by some two decent women chosen by them: Fourth, I give and devise to my two sons Francis Price and James Price, all the residue and remainder of my estate in whatever it may be by me left at the time of my decease, to be divided equal between them or their heirs, with this proviso that the said Francis and James is to pay to the Stillwater Presbyterian Church five dollars a year for ten years making fifty dollars for the use of Preaching: and lastly I hereby appoint my son James Price to be executor for this my last will and testament, and my executor is to have two years to settle and pay the aforesaid legacies by me willed to my children. As testimony whereof I have hereunto set my hand and seal this fourth day of March in the year one thousand eight hundred and forty six. Signed published and declared by the above named her Elizabeth Price as for her last will and testament in Elizabeth X Price Presence of us, who at her request have signed as witnesses mark to the same. Joseph Rowans Barten H Pickett Codicil "Whereas I Elizabeth Price of Belmont County Ohio, have by my last will and testament in writing duly executed, bearing date the 4th day of March in the year one thousand eight hundred and forty six, given and bequeathed to the children of my daughter Ann Todd, to be divided equal share and share alike, now I Elizabeth Price being desirous of altering my said will in respect to said legacy do therefore make this present writing which I will and direct to be annexed as a codicil to my said will and taken as a part thereof and I do hereby revoke the said legacies by my said will given to my grand daughter Elizabeth Todd, and will and direct that the said legacies be given to my three grandsons Asahabel, William S. and John Todd and I do ratify and confirm my said will in every thing except where the issue is hereby revoked and altered as aforesaid. In witness whereof I have hereunto set my hand and seal, this 7th day of May in the year one thousand eight hundred and fifty two. her Elizabeth X Price mark Signed sealed and published by the said Elizabeth Price of Belmont County as and for codicil to be added to and be considered as a part of her last will and testament in presence of us who have subscribed our names in her presence. Joseph Rowans, Robert Davis Probate The State of Ohio Belmont County ss: Probate Court December 6th 1859. "Whereas on the 3d day of November 1859, the last will and testament & codicil of Elizabeth Price, late of Belmont County Ohio, deceased, was brought into the Probate Court of said county, and presented for probate, and it appearing to the satisfaction of the court by the testimony of Robert Davis, one of the subscribing witnesses to the codicil of said will, taken in open court reduced to writing and filed, that Joseph Rowans the other subscribing witness to said codicil is dead, that the named Joseph Rowans subscribed as a witness to said codicil is dead, and now it appearing to the satisfaction of this court by the testimony of Barten A Pickett one of the subscribing witnesses to said will this day taken in open court reduced to writing and filed, that Joseph Rowans the other subscribing witness to said will is dead, that the name of Joseph Rowans subscribed as a witness to said will and codicil is the signature of the said Joseph Rowans and that he signed said will and codicil as a witness to each in the presence of the testatrix and at her request: and from the further testimony of the said Barten H Pickett and Robert Davis it appears to the court that said will and codicil were duly attested and executed, that the testatrix at the time of executing the same was of sound mind and memory of full age and not under any restraint. Whereupon the court approved said will and codicil and order that the same be recorded with the proof now taken to prove the same, on motion the court order that Letters Testamentary on said estate issue to James Price the executor named in said will, upon his giving bond with security in the sum of Five thousand dollars conditioned according to law and Isaac Holloway and Walker C Brock being offered and accepted as such security. The court appoint JJ Murphey, W C Brock and E Bethel appraiser of the estate and effects of said bond filed and letters issued same day. Robert Clasedy, Probate Judge Evidence The State of Ohio Belmont County ss: On the 3d day of December AD 1859, personally appeared before the Judge of the Probate Court of said County, Robert Davis one of the subscribing witnesses to a paper writing this day presented to said court for probate purporting to be a codicil to the last will and testament of Elizabeth Price, late of said county, deceased, came into court and being solemnly affirmed in open court. The said Robert Davis for himself upon his affirmation saith that Joseph Rowans the other subscribing witness to said codicil has since deceased, and that the name of Joseph Rowans subscribed as a witness to said codicil is the signature of said Joseph Rowans, and that the said Joseph Rowans signed said codicil as a witness thereto in the presence of the testator and at her request. And the Robert Davis upon his solemn affirmation , further saith that he saw the testatrix sign said codicil that he subscribed the same as a witness thereto in the presence of the testatrix and at her request: that the said testatrix at the time of signing said codicil was of sound mind and memory twenty one years of age and not under any restraint. Robert Davis Taken, reduced to writing and subscribed in open court, at my office in St Clairsville this 3d day of November AD 1859. Robert Clandy, Probate Judge The State of Ohio Belmont County ss: On the 6th day of December AD 1859, personally appeared before the Judge of the Probate Court of said county, Barten H Pickett one of the subscribing witnesses to a paper writing presented to said court on the 3d day of November AD 1859 for probate, purporting to be the last will and testament of Elizabeth Price late of said county, deceased, came into court, and being solemnly sworn in open court, the said Barten H Pickett for himself upon his solemn oath saith that Joseph Rowans the other subscribing witness to said will is dead, and that the same Joseph Romans subscribed as a witness to said will is the signature of said Joseph Romans, and that he in the presence of the testatrix and at her request: And the said Barten H Pickett upon his solemn oath further saith that he saw the testatrix sign said will, that he subscribed the same as a witness thereto in the presence of the testatrix and at her request: that the said testatrix at the time of signing said will was of sound mind and memory, twenty one years of age, and not under any restraint B H Pickett Taken, reduced to writing and subscribed in open court at my office in St Clairsville, this 6th day of December AD 1859 Attest: Robert Clandy Probate Judge The State of Ohio Belmont Countyss: I Robert Clandy Probate Judge of the probate court in such for said county do hereby certify the foregoing to be a complete record of the will and codicil of Elizabeth Price deceased with the entry of the probate thereof and the testimony of witnesses to prove the same. Robert Clandy Probate Judge ===========OH-FOOTSTEPS MAILING LIST===============