BROWN COUNTY OHIO - WILL: HATFIELD, David (d. 1884) *********************************************************************** 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. *********************************************************************** File contributed for use in USGenWeb Archives by Rich Shaw wad@nque.com April 11, 1999 *********************************************************************** Richard L. Shaw 1022 E. 5th St. North Platte, NE 69101 e-mail: wad@nque.com Will of David Hatfield, from Record of Wills, Brown County, O., volume 8, pgs. 99-102. Transcribed by Rich Shaw, 1022 E. 5th St., North Platte, NE, 69101, 5-9-1998. Original indentations removed, indented left. Original spelling (except where correction is obvious) and punctuation (or lack of) maintained. Question marks (?) indicate where unsure of symbols used or handwriting is difficult to read. Probate Court held at the Court House in Georgetown Brown County Ohio before the Honorable George P. Tyler Judge of the Probate Court in and for said county on the 31st day of May 1884 (in left margin- "No 697") David Hatfield - will Brown County $$ (?) Be it remembered, that heretofore to wit, on the 19th day of May A.D. 1884 an application was filed here in the words and figures following to wit: "In the Probate Court Brown County Ohio, In the matter of the will of David Hatfield deceased To the honorable the Judge of said Court. And now comes John W Henry and produced for admission to Probate in said Court the last Will and Testament of David Hatfield late a resident of the Township of Byrd in said County, who died on the 10th day of May A.D. 1884. Said Testator died leaving Matilda Hatfield his widow and the following named persons are his next of kin resident in the State of Ohio. Name Degree of Kinship P.O. address Matilda Hatfield Widow Decatur, Ohio Mary L Hatfield Daughter Decatur, Ohio D B Hatfield Son Decatur, Ohio The State of Ohio Brown County $$ The above named J. W. Henry being first duly sworn says the statement(s) (?) of the foregoing are true as he verely believes J W Henry Sworn to before me and subscribed in my presence this 19th day of May A.D. 1884. George P. Tyler. Probate Judge. And on the same day an entry was made on the Journal of said Court in the words and figures following to wit:- David Hatfield will. This day John W Henry produced and filed here a paper writing purporting to be the last Will and Testament of David Hatfield, late of Byrd Township Brown County Ohio, deceased. Ordered by the Court that due and legal notice be given of to all the next of Kin resident of the State of Ohio of the filing of said Will and Application to Probate the same which time is fixed by the Court for the 31st day of May A.D. 1884 at 10' o'clock A.M." And therupon a notice issued in the words and figures following to wit (in left margin- "Notice to Heirs") The State of Ohio] Brown County $$] In Probate Court In the matter of the last Will and Testament of David Hatfield deceased. To Matilda Hatfield Widow, Mary L. Hatfield and D B Hatfield - You are hereby notified that on the 19th day of May A.D. 1884, an instrument of Writing, purporting to be the last Will and Testament of David Hatfield late of Byrd Township in said County deceased, was produced in open Court and an application to admit the same to Probate, was on the same day made in said Court. Said application will be for hearing before this Court on the 31st day of May A.D. 1884, at 10 o'clock A.M. George P. Tyler Probate Judge Dated at Georgetown this 19th day of May A.D. 1884. And afterwards to wit on the 31st Day of May, said notice was returned indorsed as follows. "The State of Ohio Brown County $$ J W Henry being duly sworn Says that on the 29th day of May A.D. 1884, he served the within a notice by delivering a true copy thereof to the within named Mary L. Hatfield. - J W Henry Subscribed in my presence and sworn to before me, this 31st day of May A.D. 1884. - George P. Tyler Probate Judge. We the undersigned persons within named hereby acknowledge service of the within notice. This 29 day of May A.D. 1884. D B Hatfield Matilda Hatfield And afterwards on same day to wit on the 31st day of May A.D. 1884, an entry was made on the Journal of said Court in this matter in the words and figures following to wit: "In the matter of the admission to Probate of the last Will & Testament of David Hatfield deceased. - This day this matter came on further to be heard as the application heretofore filed here to Probate, a paper writing purporting to be the last Will and Testament of David Hatfield late of Byrd Township Brown County Ohio deceased. - Thereupon appeared in open Court Joseph S. West and Louisa West, the subscribing witnesses to said paper writing. And now the court being satisfied that due and legal notice has been given of the filing and time of this hearing of the same, to all the heirs at law and legatees (?) of the said David Hatfield residents of the State of Ohio and the subscribing witnesses Joseph S. West and Louisa West were duly sworn according to law and examined in relation to the execution of said Will and their testimony was reduced to writing and by them subscribed and filed. And now the Court having heard all the evidence and being fully advised in the premises does find that said paper writing is the last Will and Testament of David Hatfield deceased and that at the time of signing and sealing of said Will, David Hatfield deceased was of legal age, of sound mind and memory, and under no restraint whatever and that he voluntarily executed said Will and that the same was signed by Joseph S. West and Louisa West as Witnesses in the presence of said David Hatfield, and at his request. And heard him acknowledge the same to be his last Will and Testament. Ordered by the Court that said last Will and Testament be now admitted to Probate and record that it with the evidence in relation thereto be recorded as the valid last Will and Testament of David Hatfield deceased. (In left margin- "Will") I David Hatfield of the County of Brown, State of Ohio make and publish this my last Will and Testament as follows to wit: 1st I will to my wife Matilda four hundred dollars: which amount shall be in lieu of her dower estate, and also one Cow, one Hog, one bed and bedding and my buggy and harness. 2nd I will that the residue of my estate Real and personal be divided equally between my five children to wit: Cornelia. David B. George E. Ferdinend (?) and Mary L. 3rd I hereby authorize my executor to sell my Real Estate and my personal property not above mentioned at private or public sale as he may deem best, for the benefit of my estate and I hereby waive an appraisement of the same. 4th I hereby appoint J W Henry Sole executor of this my last Will and Testament. In testimony whereof I have hereunto set my hand and affixed my seal this 13th day of October A.D. 1883. David Hatfield seal Signed sealed and acknowledged by the Testator as his last Will and Testament in our presence and signed by us in his presence and at his request. Joseph S. West. Louisa West. (In left margin- "Testimony") The State of Ohio] Brown County $$] In Probate Court Personally appeared in open Court Joseph S. West and Louisa West the subscribing witnesses to the last Will and Testament of David Hatfield late of Byrd Township in said Brown 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 13 day of October A.D. 1883 purporting to be the last Will and Testament of David Hatfield now deceased, is the will of said deceased David Hatfield: that they were present at the execution of said Will, and at the request of the Testator respectively subscribed their names to the same as Witnesses in his presence, and heard him acknowledge the same to be his last Will and Testament, and that the said David Hatfield at the time of making, signing and sealing said Will, was of full age, of sound mind and memory and not under any restraint whatsoever. Joseph S. West. Louisa West. Sworn to and subscribed to by said Witnesses, in open Court, this 31st day of May A.D. 1884 George P. Tyler Probate Judge