Coshocton County OhArchives Wills.....McCoy, Joseph Washington February 29, 1840 ************************************************ 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: Sandra Lee Elkins McCoy Juhl gsjuhl@peoplepc.com and Michael Dean McCoy II sljuhl1234@yahoo.com September 26, 2006, 3:49 pm Source: Court Of Common Pleas, Coshocton County, Ohio Written: February 29, 1840 Recorded: February 4, 1841 he will of Joseph McCoy was written on Feb. 29, 1840, and probated on Feb. 4, 1841. This is its transcript: "Joseph McCoy's Will. Joseph McCoy, deceased. Will, probate, & court. The State of Ohio, Coshocton county, afs. Called Court of Common Pleas to wit on the fourth day of February Ann Domine, eighteen hundred and forty-one. "Be it remembered that, now, to wit on the day and year aforesaid, the last will and testament of Joseph McCoy late of Coshocton County deceased was this day produced in writing, and Joseph McMorris and Andrew Walker, two credible witnesses thereunto being in open court, were duly sworn and severally examined, and whose testimony was taken in writing. Signed and duly filed, and it appearing to the court from the above testimony of said witnesses that the said last will and testament was duly executed, that the testator at the time of executing the same, was of full age of sound mind and memory and not under any restraint. It is by the court ordered that said last will and testament, together with the proof thereof be recorded by the clerk of the court and that letters testamentary, with a copy of the said will annexed, be issued to Daniel McCoy, one of the executors named therein (Joseph Wright the other executor named therein having declined to serve). Whereupon the said Daniel McCoy appeared in open court and accepted said appointment. Thereupon it is ordered by the Court that he give bond in the sum of Five thousand dollars, conditioned as the law directs. Daniel Norris, William Norris, John McCoy, Samuel McCoy, Alexander McCoy, James Graves & Joseph Wright are accepted as securities; and Newman Smith, Albert Wright and Hiram Darr are appointed to appraise the property of said estate. "Which said will together with the proof thereof reads as follows: 'In the name of the benevolent Father of All, I Joseph McCoy of the county of Coshocton in the State of Ohio do make and publish this my last will and testament. 'First. It is my wish and will that my wife Nancy at my death, according to an agreement made between us before our marriage, take the property which belongs to her at that time, and as long as she remains my widow receive her support out of my estate. But if she is not satified with this, it is my will that instead of the above, or the one third of my estate, she recieve two beds, six head of sheep, Two cows, Household furniture suitable to keep house with and three hundred dollars in cash. 'Second. The heirs of my oldest son James who left me in Virginia, shall have no share in or of my estate. 'Third. It is my will that my two youngest children Mahala and Jane, shall have one bed and bedding, and one hundred dollars each, out of my estate before it is divided. 'Fourth. That these my two youngest children shall have equal shares with my other children in the remainder of my property. 'Fifth. I do hereby nominate and appoint Joseph Wright and Daniel McCoy, both of Coshocton County, executors of this my last will and testament, hereby authorizing and empowering them to compromise, adjust, release, and discharge, in such manner as they may deem proper, the debts and claims due me. I do also authorize and empower them, if it shall become necessary in order to pay my debts, to sell by private or public sale upon credit or otherwise, as they may think proper, all or any part of my Real Estate and to execute deeds therefor to the purchases thereof in fee simple. My said executors may keep said Real Estate from sale as long as they think it advisable for the interest of my heirs, but not longer than when my youngest child shall have attained the age of eighteen. 'I do hereby revoke all former will by me made. 'In testimony whereof I have hereunto set my hand and seal this 29th day of February, A.D. 1840. 'Joseph [his mark] McCoy 'Signed and acknowledged by the said Joseph McCoy as his last will and testament in our presence and signed by us in his presence. 'Benjamin Adams, Joseph McMorris, Andrew Walker' "The State of Ohio, Coshocton county, Court of Common Pleas, called court to wit, the fourth day of February A.D. 1841. "Be it remembered that on the day and year aforesaid, personally appeared in open court, Joseph McMorris and Andrew Walker, who being duly sworn according to law, depose and say that they are two of the subscribing witness to the last will and testament of Joseph McCoy, late of Virginia township, Coshocton county, deceased. That said Joseph McCoy was of full age of sound mind and memory, and not under any restraint within the knowledge of these deponents, that they attested and subscribed said will as witnesses, in the presence of the testator, and saw the testator subscribe the same. "Joseph McMorris, Andrew Walker "Sworn to and subscribed in open court, the date last above written. Attest, A. W. Gorraw, Clerk." Additional Comments: Source: The will record is from "The Historical Record of the Knisely-Wolf and Norris-McCoy Families" by J.C. Knisely (1923). 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