MIAMI COUNTY OHIO - WILL: YATES, Thomas (d. 1823)
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[original spelling intact]    Copied & abstracted from
                               the original documents at
                               the Miami Co.OH courthouse
                               on 3 Sept 1991
                          by Sandra Lake Lassen, his 5th great-granddaughter

ABSTRACT OF THE WILL OF THOMAS YATES

CASE #344, MIAMI COUNTY COURTHOUSE, OHIO, WILL BK. A, pp.19-21

THOMAS YATES, deceased
Nezer S. Yates & Mathew Dinsmore, executors
Will signed 12 May 1823; filed 17 Nov 1823; proved Nov 1823

Thomas Yates of the County of Miami in the State of Ohio, being of sound
mind and memory "thanks be to God therefor" But knowing that I must Die,
bequeaths:

first what ever I have given out to Any of my children in My Life time
Either Land, Money Or household Goods, to wit to JONATHAN L. YATES, ARTIS
S. YATES, EDMUND S.YATES & ELIZABETH L. LEMING (Married woman), I confirm
to them ... for their own use forever

to my son NEZER YATES one Marc saddle and Bridle; one Bed beding and
bestead; one Chest; one cow and calf, one Ewe and Lamb the Increase to be
his own; one Rifle Gun; likewise, the Books that he Bought himself or that
has his name written in them.  None of which Articles are to be appraised
as my Estate

to my beloved wife PHEBE YATES the remainder of All my Personal Estate of
Every Description During her Lifetime.  With full power to give to Any of
our Children or for Any other purpose Principal or Interest at her Option
During her Lifetime; also the whole of the plantation I now live on
together with all the Buildings that now is or may be made or Improvements
During her life time

at the decease of my wife PHEBE YATES, I Do Devise to my son NEZER S. YATES
the whole of the Lands I now Live on Together with all the Improvements or
appertanances thereunto belonging to the Use of him, the said NEZER S.
YATES and his heirs foever

that at the Decease of my wife I Do Give and bequeathe to my son NEZER S.
YATES all my Farming Utensials of Every Discription whatsover.  Likewise
all my Carpenters and Socmaking [?] & tools, Consisting of Saws, Augers,
Chisels,etc.; Not to be appraised at the Last Appraisment.

that the Note I hold Against my son in Law Warren Leming for $100 that
Sixty Dollars of Said note be Released at my Death, the other forty to
Remain in force to be appraised as my Estate to be at the Option of my wife
Dureing her Life time

that at the Decease of my wife should she survive me that my Personal
Estate be appraised by my Present Executors and After my Debts & Necessary
Expences are Paid that what may then be remaining shall be Divided in Equal
Shares amongst all my heirs, to wit:  JONATHAN L. YATES; ARTIS S. YATES;
EDMUND S. YATES; ELIZABETH L. LEMING & NEZER S. YATES; that Each Legatee
shall have the Previledge of taking in Rotation the Amount of their Share
at the Appraisment.  my meaning is that No one shall have the priviledge of
takeing their share all out of the Best of the householdfurnitur or Stock
but that there shall be an Equality, And should there be Cash or Notes of
hand there shall be an Equal Dividend of the same Amongst my heirs

that if Any of my heirs should Die before they Receive their share that it
be Divided Equally Amongst their heirs and paid to Each of them as they
Arrive at Mature Age; It is my will that if Any my Legatees should at any
time Bring any Accounts (Either before or After my Death) for Damage or
service Done after they were of Age (Book.accomps[?] Excped) they shall
forfeit their share in the Division (one Dollar Exceped) to the Other heirs

that all of the Meat, Grains, flax, or hay or stock of any kind: to wit,
Cattle, Sheep or Swine; two thirds is Nezers for Raising the Same; and one
third belonging to the Estate.  My meaning is that what Stock I had on hand
Before he was of twenty one Years of Age Belonged to the Estate.

I appoint my son Nezer S. Yates And My Friendly Neighbor Mathew Dinsmore
Esqr.as executors

signed by Thomas Yates in his own hand on 12 May 1823

witnessed by Joseph Rollins, Myhew Rollings, Robert Dinsmore, John Dinsmore

[note of compiler: the name Nezer Yates is also spelled Neasor, Nessor,
Neser,etc. in official Miami Co. records; it is short for Ebenezer]