Clermont County OhArchives Wills.....Fitzpatrick, Solomon February 10, 1868
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Source: Ohio, Wills And Probate Records,1786-1998,clermont, Wills, Vol J,
Written: February 10, 1868
Recorded: February 19, 1868

Pg 422
Pleas held before A.J. Gower 
Judge of the Probate Court in & for Clermont County, Ohio
On the 19th day of February A.D. 1868

On the 19th day of February A.D. 1868 the following Entry was made on the 
Journals of said court.

Entry to Wit:
In the matter of Solomon Fitzpatrick’s Will )
This last Will and Testament of Solomon Fitzpatrick, late of Clermont County 
Ohio, deceased was this day produced in open court by Thomas H. Phillips and 
Morton Mulloy the Executors in said Will named and John Hodges and James 
Hicks the subscribing witnesses to said Will appeared in open court and on 
oath testified to the due execution of said Will which testimony was reduced 
to writing and by them respectively subscribed and filed with said Will. And 
it appearing to the court by said testimony that said Will was duly attested 
and executed and that the Testator at the time of executing the same was of 
full age and of sound mind and memory and not under any restraint.  It is 
ordered by the court that said Will and testimony be recorded. Whereupon 
Thomas Phillips and Morton Mulloy the Executors in said Will named , 
appeared in open court and accepted the trust __posed in them as Executors 
of said Will, it is therefore ordered that Letters of Testamentary be issued 
to the said Thomas Phillips and Morton Mulloy upon their surety bond, in the 
penal sum of Two thousand dollars with John Hodges and Thomas Hodges as 
sureties as conditioned according to law and the court appoint William W. 
Gardner, John Nidmeyer, and Thomas Hodges appraisers of the personal estate 
of the Testator and thereupon came into open Court Zerelda Fitzpatrick widow 
of the said Solomon Fitzpatrick deceased and the court having read said will 
to her and explained to her her rights under the same and her rights by the 
law she then elected take under the law and not under the said will of her 
husband.
A.J. Gower, Judge

Pg 423
Will to Wit:
The State of Ohio Clermont County Feb 10, 1868. In the name of the 
Benevolent Father of all, I Solomon Fitzpatrick of the county and State 
aforesaid being a man in old age but of perfect mind and memory do make 
ordain and constitute this my last will and testament.

Item First.
I will that after my burial expenses are paid and my wife gets what the law 
allows her of my realty that Alvira Fitzpatrick have one bed and bedding and 
my gold watch the one carried by her mother and Thomas V. Fitzpatrick have 
my little silver watch and Solomon F. Phillips have my large silver watch 
the balance of my effects be sold as specified in this will and divided 
equally among my following children W.H. Fitzpatrick, John Fitzpatrick the 
heirs of Zachariah Fitzpatrick dec Louis Fitzpatrick Solomon Fitzpatrick Jr 
Thomas V. Fitzpatrick Hannah Mulloy Margaret Phillips Sarah J. Smith and 
Alvira Fitzpatrick by deducting from each ones share a certain amounts 
charged to them by me.

Item Second.
That my executors shall rent my farm until Thomas V. Fitzpatrick is eighteen 
years old and that the proceeds of said farm after paying taxes on said farm 
up to that time go to Alvira and Thomas V. Fitzpatrick for their support to 
be applied by my executors as they see proper.  Then said farm to be sold 
and the proceeds to be divided as aforesaid.
Item Third.
(page 424)
That at the death of my wife the balance of my property both real and 
personal be sold and the proceeds be divided as aforesaid.
Item Fourth.
That my executors hold all the money coming into their hands belonging to 
the minor heirs until said heirs become of age then pay the same to them 
with what interest may have accrued if however they find them needy they may 
supply their wants from said fund.

Item Fifth.
I do nominate and appoint Thomas W. Phillips and Moreton Mulloy Executors of 
this my last will and Testament.  In testimony whereof I have hereunto set 
my hand and seal this 10th day of February A.D. 1868.
					Solomon Fitzpatrick    (Seal)

Signed and acknowledged by said Solomon Fitzpatrick as his last will and 
Testament in our presence and signed by us in his presence.
						John Hodges
						James Hicks

Proof to Wit
The State of Ohio       )
Clermont County        )   SS

Clermont Probate Court
Probate of the last will of Solomon Fitzpatrick deceased presented on the 
19th day of February A.D. 1868.  Personally appeared in open court John 
Hodges and James Hicks the subscribing witnesses of the last Will and 
Testament of Solomon Fitzpatrick deceased who being duly sworn according to 
law to speak the truth the whole truth and nothing else but the truth in 
relation to the execution of said will depose and say that they were present 
at the making of said will and at the request of the deceased subscribed 
their names to said will as 
(page 425)
Witnesses in the presence of the deceased and of each other that they saw 
the said Solomon Fitzpatrick deceased sign and seal said Will and heard him 
acknowledge the same to be his last Will and Testament. That the said 
Solomon Fitzpatrick was at the time of making signing and sealing the said 
Will of legal age and of sound and deposing mind and memory and under no 
undue undue or unlawful restraint whatsoever.
						John Hodges
						James Hicks

Sworn to and subscribed in open court this 19th day of February A.D. 1868 

A.J. Gowen, Probate Judge


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