DARKE COUNTY OHIO - Mash Buckingham Will *************************************************************************** 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. http://www.usgwarchives.net/oh/ *************************************************************************** File contributed for use in USGenWeb Archives by J David jdavidbuckingham@htn.net August 9, 2001 *************************************************************************** 218 Record of Wills Mash Buckingham Be it remembered that heretofore to wit on the fifth day of April in the year of our Lord one thousand eight hundred and fifty five before the probate Court of the County of aforesaid a writing purporting to be the last will and testament of Mash Buckingham late of said county dec'd and Albert Penland and David Gibbs the subscribing witnesses thereto appeared in open court and on oath testified to the execution and attestation thereof and their testimony reduced to writing and by them subscribed is annexed and filed with said will. And it appearing that said will was duly executed and attested and that at the time of the execution thereof the said testator was of full age of sound mind and memory and not under any restraints. The Court admits said will to probate and orders the same with testimony to be recorded and the same in the words and figures following to wit. "In the name of God, Amen" Know all men by these presents that I Mash Buckingham of the County of Darke in the State of Ohio. Being infirm in the body but sound in mind wish to dispose of my property both real and personal in the following manner as my last will and Testaments. To my wife Sarah Buckingham during her life and widowhood I bequeath to her her support on the farm I now live upon. I also bequeath to her a sufficient quantity of the proceeds of the farm for the support of the minor children which she has had by me until they become of age. I bequeath unto her all my household and kitchen furniture Darke County Probate Court 219 Mash Buckingham which she stands in need of for the support of the minor heirs the balance to be sold I bequeath to my first wife's children, Catherine Emerson, once Catherine Buckingham, David Buckingham, Levi Buckingham, Benjamin Buckingham, Mary Brown, once Mary Buckingham, William Buckingham, all the farm I now live upon in an equal portion with all the proceeds there from after the support of my wife Sarah during her life as long as she remains my widow and the support of the heirs which she has had by me until they become of age. After the proceeds over and above the support of my wife and the above mentioned minor heirs which arises from the farm is to be equally divided between my first set of heirs above named having reference to a Book Acct. were each are charged with what they have got. I bequeath to my first wife's set of heirs all my books to be divided equally between them. But all those books that I got by my wife Sara Pitenger to belong to her and her heirs. I bequeath that my personal property shall be disposed of at public sale except two cows, eight sheep, hams for meat for the first year and grain for breadstuff then after paying all debts that I owe I bequeath the balance of the proceeds of the personal property disposed of to my last set of heirs in equal portion having reference to what the two oldest Lydia and Sara has received. It is my wish that Benjamin Buckingham be administrator on my estate and acts as guardian for the minor heirs by giving surety at Court. This is the last will and testament of Mash Buckingham September 7th 1846 Darke Co., Ohio. Mash Buckingha 220 Records of Wills Mash Buckingham signed in the presents of Albert Penland David Gibbs The State of Ohio, Darke County Ohio Probate Court April 5th 1855 Personally came into open Court Albert Penland and David Gibbs subscribing witnesses to the last will and testament of Mash Buckingham late of said county occasioned who being duly sworn depose and say that they were present at the execution of the will. That they saw the testator sign and heard him acknowledge the same as his last will and testament and at the time of the execution thereof said testator was of full age of sound mind and memory and not under any apparent restraint. Albert Penland David Gibbs sworn to and subscribed in open court the day and year above written A. R. Calderwood P Judge And afterwards to wit on the same day and year aforesaid before the court aforesaid came Sarah Buckingham wife of the said testator and the Court having explained to her the provisions of said will and her rights under it and also her rights by law in the event of her refusing to take under said will. She, in open court made her election to take under said will. And afterwards to wit on the same day and year aforesaid before the court aforesaid came Benjamin Buckingham the Administrator named in said will and testament and accepted said trust and gave Bond to the sum of Five Hundred Darke County Probate Court 221 Mash Buckingham dollars with Levi Buckingham and James E. C. Woodmansee his sureties conditioned as the law requires which is accepted and approved by the Court wherefore it is ordered by the Court that Letters to commentary on said Will issued to the said Benjamin as Administrator thereof.