Franklin County OhArchives Wills.....Morrill, Mille January 13 1857 ************************************************ 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: John Mickle antiojo2001@yahoo.com July 15, 2004, 7:37 pm Source: Franklin County Genealogical Society Written: January 13 1857 Recorded: August 5 1858 The Will of Mille Merion Morrill This is as accurate transcript as I can make. It was made from two sources: 1.) From a copy in the possession of the Franklin County Genealogical Society; and 2.) From a different copy obtained from the L.D.S. Microfilm # 0285173, Will Records, vol. C-D, 1847-1869. (Very difficult to read.) The two copies are written in different handwriting but otherwise appear identical in content. Minor annotations are placed between the < > symbols and also contain my initials i.e. J.D.M. Familial relationships are noted by an underline. Family names, either by blood or marriage, are noted by the bold attribute only the first time they appear in the document. John D. Mickle, July 12, 2004. ______________________________________________________________________________ 03808 Mille Morrill’s Will And Codicils Filed and Admitted to Probate August 5th A.D. 1858 H. B. Albery Probate Judge A. In the name of the Benevolent Father of all I Mille Morrill do make and publish this my last Will and Testament Item 1st I give and bequeath to my son Elijah Glover forty four (44) Acres of land to be taken out of the North West corner of the farm on which I now reside. Said farm being situated in Montgomery Township Franklin County and State of Ohio being in half section forty two (42) town (5) five and Range twenty two (22) and containing about one hundred and forty six (146) Acres, and bounded as follows: To Wit on the North by lands formerly owned by William Merion on the East by the Columbus and Groveport Turnpike on the south by an Eighty (80) Acre tract hereinafter described and on the West by the Scioto River. The said forty four (44) Acres so devised to the said Elijah Glover as aforesaid to be bounded as follows: To Wit beginning at the North West corner of the above described farm, Thence East to the Columbus and Portsmouth Turnpike, Thence South along said turnpike so far that a line running due West to the Scioto River shall cut off forty four (44) Acres. Item 2nd I give and devise to Gustavus S. Innis of the abovementioned county in trust for my grandson Corrydon Morrill a tract of land to be taken out of my said farm of nine and one half (9 ½) Acres on the East side of the Columbus and Portsmouth Turnpike and bounded as follows: on the North by a two and one half (2 ½) Acre tract now belonging to the said Corrydon Morrill, on the East by the West line of a dower estate set off to the widow of the late Moses Morrill, Jr., deceased, on the South by the South line of the abovementioned one hundred and forty six (146) Acre tract on the West by the Columbus and Portsmouth Turnpike. Also I give and devise to the said G.S. Innis in trust for the same Corrydon Morrill as aforesaid all the dower estate of Vicenia Morrill as the widow of Moses Morrill, Jr., deceased, in a tract of nine Acres of land in the county aforesaid. But these devices of such tract of nine and one half (9 ½) Acres and of the said dower estate are made to G.S. Innis in trust as aforesaid upon the express condition that should the said Corrydon Morrill or should any person by his consent allow or permit his mother, Mrs. Vicenia M. Green to reside or remain upon any part of said premises so given in trust to said G.S. Innis as aforesaid or upon any part of the aforementioned two and one half (2 ½) Acres now owned by said Corrydon Morrill or any land owned by me that he said, Corrydon Morrill may hereafter purchase of any person or persons whomsoever or any lands that may be purchased with the avails of the sale of the abovementioned devises, or should the said Corrydon Morrill die without issue of his body then and in either of the abovementioned cases the said nine and one half (9 ½) Acres of land and the said dower estate shall revert to and become vested in fee simple in the following persons as tenants in common in the proportion of one fifth (1/5) part to the said Elijah Glover, one fifth (1/5) part to my daughter Lydia Cookman , one fifth (1/5) part to my daughter Sarah G. Innis, one fifth (1/5) part to the aforementioned G.S. Innis in trust for the sole use benefit and behoof of the children of my daughter Mary Wareham, deceased, and one fifth part to the aforesaid G.S. Innis in trust for the sole use and benefit and behoof of my granddaughter Nancy Ann Decker. Item 3rd After taking out of the aforesaid farm of one hundred and forty six (146) Acres more or less, the said tract of forty four (44) Acres above devised to Elijah Glover, and the said tract of nine and one half (9 ½) Acres devised to the said G.S. Innis in trust as aforesaid I give and devise the residue of said farm of one hundred and forty six (146) acres, aforesaid, and also my right, title and interest in an undivided eighty (80) acre tract of land, lying South of and adjoining the said farm above described, and bounded East by the Columbus and Groveport Turnpike, and South by the lands of Jacob Mauerer, Jacob Raiss, and George Merion, West by the Scioto River, to the following persons as tenants in common, in the proportion of one – fourth to the said Lydia Cookman, one fourth to the said Sarah G. Innis, one fourth to the said G.S. Innis in trust for the sole use, benefit and behoof of the children of the said Mary Wareham, deceased, and one fourth to the said G.S. Innis in trust for the sole use, benefit and behoof of said Nancy Ann Decker. The foregoing devises of real estate are made to the said Lydia Cookman for her use during her natural life, with remainder over to the issue of her body. It is my will and desire that should any of the persons for whose benefit devises of land are made in this will to the above mentioned G.S. Innis in trust as foresaid, wish to exchange any part of the lands so held in trust for other lands or real estate then the said G.S. Innis may if he thinks proper sell any portion or all of said lands so held in trust and acknowledge execute and deliver a deed or deeds in fee simple for the same and invest the proceeds arising from sale or sales in other land or real estate taking a deed or deeds therefore to himself the said G.S. Innis in trust to be held as he held under this will the lands so sold and conveyed. Whereas the residue of my said farm of one hundred and forty six (146) Acres as aforesaid, after deducting there from certain devises to the said Elijah Glover and to the said G.S. Innis in trust for the said Corrydon Morrill together with all my interest in the aforesaid Eighty (80) Acre tract I have given and devise to the following persons as tenants in common in the proportion of one forth (1/4) to the said Lydia Cookman, one forth (1/4) to the said Sarah G. Innis, and one half (1/2) to the said G.S. Innis in trust as aforesaid. Now therefore I do hereby nominate and appoint Nathaniel Merion Rollin Moler and Elijah Merion, Jr., commissioners to make partition of the said lands and interest so devised as last aforesaid and to assign and set off to each of the last named devises his or her part or share to be held in severalty and for this purpose the said commissioners shall have the power to call to their aid a competent surveyor and the partition so made by the said commissioners shall when recorded in the office of the recorder of said Franklin county be good and valid. 4th I give and bequeath one bed and bedding to my grand daughter, Margaret Wareham; and also one bed and bedding to my grand daughter, Sarah M. Glover; and the residue of my personal property I give and bequeath to the following persons in the following proportions to the said Elijah Glover one fifth, to the said Lydia Cookman one fifth, to the said Sarah Innis one fifth, to the said Gustavus Innis one fifth in trust for the use, benefit and behoof of the children of said Mary Wareham, deceased, and one fifth to the said Gustavus S. Innis for the sole use, benefit and behoof of the said Ann Decker. I do hereby nominate and appoint the said Elijah Glover Executer of this my last will and testament, hereby authorizing and empowering him to compromise, settle, adjust and discharge, in such manner as he may deem proper, the debts and claims due me. It is furthermore my will and desire that my said Executor shall not be required to give bond or security for the faithful discharge of the trust hereby confided to him as such Executor; and that there shall be no appraisement or sale of my personal property or of any part thereof, under the laws of the state of Ohio prescribing the duties of Executors and Administrators; but that the residue of my personal property after the payment of debts, shall be distributed by my Executor, according to his best judgment and discretion, in pursuance of the bequests in this my last will and testament. In testimony whereof, I have hereunto set my hand and seal this thirteenth day of January, in the year 1857. \s\ Mille Morrill (SEAL) Signed and acknowledged by said Mille Morrill as her last will and testament in our presence and signed by us in her presence. \s\ Franklin Gale \s\ E. L. Glover The State of Ohio,} Franklin County.} ss We, Franklin Gale and E.L. Glover, being duly Sworn, in open court, this fifth day of August A.D. 1858 depose and say that we were present at the execution of the last will and testament of Mille Morrill, deceased, hereunto annexed: that we saw said testatrix subscribe said will and heard her publish and declare the same to be her last will and testament, and that said testatrix at the time of executing the same was of full age, and of sound mind and memory, and not under any restraint; and that we signed the same as witnesses at her request, and in her presence, and in the presence of each other. . \s\ Franklin Gale \s\ E. L. Glover Sworn to and subscribed in open Court,} the day and year first written.} \s\ H.B. Albery, Probate Judge Codicil No. 1 Whereas I Mille Morrill on the thirteenth day of January in the year A.D. 1857 made my last will and testament of that day do hereby declare the following to be a codicil to the same. I do hereby publish as my last will and desire that the forty four (44) Acres (extending from the Scioto River to the Columbus and Portsmouth Turnpike) out of the North West part of my said farm as described in my said Will of the above date and bequeathed to my son Elijah Glover should be to him as an inheritance or estate for life only, and the remainder to vest in fee simple in the issue or children of his body. To be equally divided at the time of his death between his said children in proportion to the value thereof. In testimony whereof I have hereunto set my hand and seal this seventh day of February in the year A.D. 1857. \s\ Mille Morrill (SEAL) Signed and acknowledged by said Mille Morrill as her codicil to her last will and testament in our presence and signed by us in her presence. \s\ Nathaniel Merion \s\ George Merion State of Ohio,} Franklin County.} ss. We, Nathaniel Merion and George Merion being duly sworn, in open Court, this fifth day of August A.D. 1858, depose and say that we were present at the execution of the codicil to the last will and testament of Mille Morrill deceased, hereunto annexed: that we saw said testatrix subscribe said codicil to said will, and heard her publish and declare the same to be a codicil to her last will and testament, and that said testatrix at the time of executing the same, was of full age, and of sound mind and memory, and not under any restraint; and that we signed the same as witnesses at her request, and in her presence, and in the presence of each other. \s\ N. Merion \s\ Geo. Merion Sworn to and subscribed in open Court,} The day and year first above written.} \s\ H. B. Albery Probate Judge Codicil No. 2 Whereas I Mille Morrill on the 13th day of January A.D. 1857; made my last will and testament of that day and Whereas I since then to Wit on the 10th day of February A.D. 1857, have purchased the reversionary title of Vicenia M. Morrill being the fee simple of two parcels or lots of land in the Morrill farm in Montgomery Township, Franklin County, Ohio to Wit, All her right, title and interest in the Dower Estate of her mother Vicenia M. Green as set off to her as the widow of Moses Morrill, Jr., deceased. Also all the Right Title and Interest of said Vicenia M. Morrill in the share of Nathaniel Goodman, deceased, in said Morrill farm as the son of Moriah Goodman, deceased, the late Moriah Morrill and daughter of the late Moses Morrill, Sen., now deceased, do declare the following to be a codicil to the same. Item 1st Whenever the name of Mrs. Vicenia M. Green occurs in my said last will and testament it is my imperative command that it shall include also the name of Vicenia M. Morrill subject to all and every one of the conditions imposed in my said will and testament in reference to the name of Mrs. Vicenia M. Green as I am determined that neither of them shall ever derive any more benefit from my goods or chattels, Lands, or tenements as they have had their full portion and wasted it, and I know them to be bad counselors and do not wish my grandson Corrydon Morrill to be counseled by or troubled with them or either of them. Item 2nd I do give and bequeath to G.S. Innis trustee in trust for the sole use and benefit of my grandson Corrydon Morrill the above described interest purchased of Vicenia M. Morrill in fee simple in the Dower Estate as set off to Vicenia M. Green as the widow of Moses Morrill, Jr., deceased. The above Bequest is made with all the conditions mentioned in my will above described, of the other Bequests made to said G.S. Innis trustee in trust for the sole use, benefit and behoof of Corrydon Morrill, for which reference may be had to my said last will and testament. The Bequests in my said will to G.S. Innis trustee in trust for the sole use and benefit of Corrydon Morrill and also the above bequest is made upon this express condition that said Corrydon Morrill shall as soon as practicable after he arrives to the age of Twenty one years forever Quit claim unto my daughter Lydia G. Cookman during her natural life and then to her heirs and to said G.S. Innis trustee in trust for the sole use and benefit of the Heirs of Mary Wareham, deceased, and to G.S. Innis trustee in trust for the sole use and benefit of my grand daughter Nancy Ann Decker, and to my daughter Sarah G. Innis to be divided equally between them as tenants in common, all his right, title and interest either in law or equity, in the South Eighty Three Acre tract of the Morrill farm being in Range Twenty Two (22) Town five (5) and half section forty three (43). Item 3rd I give and bequeath to my daughter Lydia G. Cookman during her natural life then to descend to her heirs, and to G.S. Innis trustee in trust for the sole use and benefit of the Heirs of Mary Wareham, deceased, and to G.S. Innis as trustee in trust for the sole use, benefit of my grand daughter Nancy Ann Decker, and to my daughter Sarah G. Innis, as tenants in common to be equally divided between them all my interest, right, and title purchased of Vincenia M. Morrill as one of the Heirs of Nathaniel Goodman son and Heir of Moriah Goodman, deceased, the late Moriah Morrill and daughter of Moses Morrill, Sen., deceased. Item 4 The above bequest is given to G.S. Innis Trustee in trust for the use of Corrydon Morrill with this additional condition. That Corrydon Morrill or his Trustee for him shall pay to my Executor within three years from my decease Two Hundred Dollars with interest from January first A.D. 1857. To be by my Executor equally divided between the following persons, to Wit: Elijah Glover, Lydia G. Cookman, G.S. Innis trustee in trust for the use of the Heirs of Mary Wareham, and to G.S. Innis trustee in trust for the use of Nancy Ann Decker and to Sarah G. Innis. In testimony here of I have hereunto set my hand and seal this sixth day of March in the year A.D. 1857. \s\ Mille Morrill (SEAL) Signed and acknowledged by said Mille Morrill as a codicil to her last will and testament in our presence and signed by us in her presence. \s\ N. Merion \s\ James Miller State of Ohio,} Franklin County.} ss. We, Nathaniel Merion and James Miller being duly sworn, in open Court, this fifth day of August A.D. 1858, depose and say that we were present at the execution of the codicil to the last will and testament of Mille Morrill deceased, hereunto annexed: that we saw said testatrix subscribe said codicil to said will, and heard her publish and declare the same to be a codicil to her last will and testament, and that said testatrix at the time of executing the same, was of full age, and of sound mind and memory, and not under any restraint; and that we signed the same as witnesses at her request, and in her presence. \s\ N. Merion \s\ James Miller Sworn to and subscribed in open Court,} the day and year first above written.} \s\ H. B. Albery Probate Judge Codicil No. 3 Whereas I Mille Morrill on the thirteenth day of January A.D 1857 made my last will and testament of that day do hereby declare the following to be a codicil to the same. Item The bequests made in my said will as also, the bequests made in a codicil to the same made on the sixth day of March A.D. 1857, to my daughter Lydia G. Cookman, during her natural life with the remainder over to her children and heirs of her body, all said bequests of real estate shall be amended so as to read as follows, I give and bequeath to said Gustavus S. Innis of Franklin County, Ohio in trust for the sole use, benefit, and behoof of my daughter Lydia G. Cookman one fourth my farm (known as the Morrill farm) after taking out the forty four (44) Acres therein devised to Elijah Glover and also the nine and one half acres therein devised to said Gustavus S. Innis for the sole use of my grand son Corrydon Morrill to be held by said G.S. Innis in trust as aforesaid with the following conditions, to Wit: Should my daughter Lydia G. Cookman wish to exchange the real estate or sell the real estate for the purpose of purchasing other real estate, she may request said G.S. Innis trustee to make said exchange or sale and purchase, then and in that case if said G.S. Innis, trustee in trust, shall think it would be best to do so, May, sell any portion or all of said land devised in said bequests as aforesaid and acknowledge, execute, and deliver a deed or deeds in fee simple for the same and invest the proceeds arising from such sale or sales in other lands or real estate taking a deed or deeds therefore to himself the said Gustavus S. Innis, in trust, to be held as he held the lands devised in my said will and in this codicil to the same. That is to say I do not wish to alter the amount of land or real estate devised to my said daughter Lydia G. Cookman or for her use by my said last will and testament but instead of devising it, said real estate, to her during her natural life with a remainder over to the heirs of her body, I hereby devise said real estate to said Gustavus S. Innis as trustee in trust for the sole use, benefit, and behoof of my said daughter Lydia G. Cookman, with power to said trustee to exchange or sell said land and buy other real estate with the proceeds of said sales when requested so to do (said trustee concurring therein) by my said daughter Lydia G. Cookman or in case of her death by her heirs or legal representatives. In testimony whereof I have hereunto set my hand and seal this fourteenth day of June A.D. 1858. \s\ Mille Morrill (SEAL) Signed and acknowledged by said Mille Morrill as a codicil to her last will and testament in our presence, and signed by us in her presence. \s\ William H. Innis \s\ Clemson Guest The State of Ohio,} Franklin County.} ss We, E. Glover and Gustavus S. Innis, being duly sworn in open court this fifth day of August A.D. 1858 depose and say that we are acquainted with Clemson Guest a witness to the codicil to the last will and testament of Mille Morrill, deceased, hereunto annexed: we further depose and say that on or about the 1st day of July 1858 the said Clemson Guest left the neighborhood where he formerly resided and although we have made diligent inquiry have been unable to find his whereabouts, we therefore depose and say that the said Clemson has gone to parts unknown. We saw him sign the said codicil as a witness and that his signature is genuine and that he signed the same as a witness in the presence of and at the request of the testatrix. \s\ E. Glover \s\ G. S. Innis Sworn to and subscribed by E. Glover and G.S. Innis in open court this 5th day of August A.D. 1858. \s\ H. B. Albery, Probate Judge The State of Ohio,} Franklin County.} ss I, William H. Innis, being duly sworn in open court the fifth day of August A.D. 1858 depose and say that I was present at the execution of the codicil to the last will and testament of Mille Morrill, deceased, hereunto annexed: that I saw said testatrix subscribe said codicil to said will, and heard her publish and declare the same to be a codicil to her last will and testament and that said testatrix at the time of executing the same, was of full age, and of sound mind and memory, and not under restraint; and that I signed the same as a witness at her request and in her presence, and that I saw Clemson Guest sign the codicil as a witness in the presence of the testatrix and that his signature is genuine. \s\ William H. Innis Sworn to and Subscribed in open Court,} The day and year first written.} \s\ H. B. Albery, Probate Judge File at: http://files.usgwarchives.net/oh/franklin/wills/wl45morrill.txt This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 23.0 Kb