COSHOCTON COUNTY OHIO - Thomas HARDESTY, will, November 1, 1893 ----------------------------------------------------------------------- USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ------------------------------------------------------------------------ File contributed for use in USGenWeb Archives by Gwendolyn Hardesty Oliver 1186 Neil Ave Unit C Columbus, Ohio 43201 coliver@netwalk.com September 15, 1996 ------------------------------------------------------------------------ Thomas Hardesty File Number 3401 Coshocton County Ohio Probate Records The Will In the name of the benevolent Father of All: I, Thomas Hardesty of the County of Coshocton and state of Ohio do make and publish this my last will and testament. Item 1st It is my will that all my just depts and funeral expenses be fully paid. Item 2nd It is my will that my daughter Ruth O'Connell and her husband Michael O'Connell and my son Elisha Hardesty have possession and use free or rent of my homestead farm of about one hundred and sixty-thre acres with the buildings thereon situate in Washington Township, Coshocton County, Ohio, for the period of one year from and after my death; one-half to Elisha and one-half to Ruth and her husband. Item 3rd. It is my will and I direct that my executor hereinafter named sell all the personal property owned by me at my death at public sale within a reasonable time after my death. Item 4th It is my will and I direct my said executor after the expiration of one year after my decease to sell my said homestead frarm in said Washington Township, at private of public sale; said executor before selling the same to have said farm appraised by three judicious disinterested free-holders of the county oforesaid to be selected by the probate judge of said county. Said farm shall not be sold at private sale for less than the appraised value thereof, or at public sale for less than two-thirds of said appraised value after advertising the same for thirty days in a newspaper of general circulation in said Coshocton County; said farm to be sold either at public or private sale upon the following terms: one-third cash on day of sale, one-third in one year and one-third in two years., deferred payments to be secured by mortgage on the premises. And I authorize and empower my said executor to execute and deliver to the purchaser of said farm a deed in fee simple for the same. Item 5th It is my will and I direct my executor, out of the proceeds of the sale of said personal property and real estate aforesaid and within six months after the sale of said real estate, to pay the following legacies, to-wit: to my son Jeremiah Hardesty, tehn dollars; to Jeremiah Harper, Penelope Guinther and Emery Harper, children of my daughter Julia Ann Harper, deceaed, each one hundred dollars; to Madison Hardesty son of Abner Hardesty, deceased, two hundred dollars; to George Washington Hardesty, son of Abner Hardesty, deceased, one hundred dollars; to Absolom Hardesty a son of said Julia Ann Harper, two hundred dollars. Item 6th I give and devise all the balance of the proceeds of said personal and real estate and all other property real or personal of which I die possessed to my children Elisha Hardesty, Ruth O'Connell, William Hardesty, Keziah McCoy and Mary Collins, to be equally divided among them share and share alike. Item 7th I do hereby nominate and appoint Lemuel Kinsey, executor of this my last will and testament, authorizing and empowering him to compromise, adjust release and discharge in such manner as he may deem proper, the debts and claims due me. I do hereby revoke all former wills by me made. In the testimony hereof I have hereunto set my hand and seal, this 15th day of June, A. D. 1883. Thomas (his mark) Hardesty Signed and acknowledged by said Thomas Hardesty as his last will and testament in our presence, and signed by us in his presence. R. M. Voorhes Charles B. Hunt Codicil I Thomas Hardesty of the county of Coshocton and State of Ohio, do make and publish this my codicil to my last will and testament dated June 15th 1883 and witnessed by R. M. Voorhes and C. B. Hunt. Item 1st As my daughter Ruth O'Connell had died since the making and publishin of said last will and testament it is my will the Item 2nd of said last will be modified in this, to-wit: that in the place of the names of my said daughter Ruth and her husband Michael O'Connell, there be substituted the name of my daughter Mary Collins, so that my said daughter Mary Collins my have and enjoy all the property and privileges granted and given in said Item 1nd. to my said daughter Ruth and her said husband, and that said Michael O'Connell shall have and enjoy none of said privileges. Item 2nd I desire and it is my will that Item 6th in said last will be modified and changed so as to read as follows, to-wit: Item 6th I give and devise all the balance of the proceeds of said personal and real estate and all other property real or personal of which I die possessed to my children, Elisha Hardesty, William Hardesty, Keziah McCoy, and Mary Collins to be equally divided among them share and share alike. In testimony whereof I have hereunto set my hand and seal this 1st day of June, A. D. 1885. Thomas (his mark) Hardesty Signed and acknowledged by said Thomas Hardesty, as his codicil to his last will and testament in our presence and signed by us in his presence and at his request. R. M. Voorhes Charles B. Hunt Entered into the journal November 1 1893 Admited to probate November 8, 1893 by Wm R. Gault, Probate Judge ------ Account of Final Disrtribution Mathias Slaughter Administrator of the Estate of THomas Hardesty deceased. Filed November 25th 1896. ...... Heirs and Leagatees listed: Edward Hardesty (NOTE: this is Elisha Edmond Hardesty) Kezrah McCoy Mary Collins, assignees Heirs of Wm Hardesty dec'd who died Nov 27/92 being nine children to-wit: David Hardesty Stanley Hardesty William Hardesty G. W. Hardesty James S. Hardesty Nora Sherrod Mattie Carpenter Dora Howard Frances M. Sherrod -------- NOTE: While Thomas Hardesty had 13 children, and raised 5 grandchildren, only those know to be living were named in his will. Apparently news of the decease of his son William in Texas either never reached him, or reached him after he was to enfeabled to make any additional changes. He was aged 103 at his death on October 21, 1893. Transcribed and submitted by Gwendolyn Hardesty Oliver 1186 Neil Ave, Unit C. Columbus, Ohio 43201 coliver@netwalk.com