Muskingum County OhArchives Wills.....Charles (Sr.) ROBERTS November 10 1853 ************************************************ 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: Brenda Van Dyke bjvd@columbus.rr.com August 18, 2003, 9:00 pm Source: Muskingum Co., OH; Will Book 1, page 1 Written: November 10 1853 Recorded: February 24 1854 Commenced February 24, 1854 Charles ROBERTS, deceased The State of Ohio Muskingum County ss. Probate Court February 24th A.D. 1854. The last will and testament of Charles ROBERTS late of said Muskingum County, deceased, was this day produced in open court and duly proved by the oaths of Hezekiah SHACKUTT and William MONTGOMERY, the two attesting and subscribing witnesses thereto, whose testimony in such behalf was reduced to writing and duly filed. And thereupon it appearing to the satisfaction of the Court from the said testimony that the said testator, Charles ROBERTS, deceased, was at the time of executing his said last will and testament of full age, of sound mind and memory, and not under any restraint. It was accordingly ordered that the said last will and testament be and the same is hereby admitted to probate and that the same together with this entry of probate and the said testimony be duly recorded. WILL Be it remembered that I, Charles ROBERTS, Senr. Of the County of Muskingum in the State of Ohio, being weak in body but of sound and disposing mind, memory and understanding, thanks be to Almighty God for the same, do make and publish this my last will and testament in manner and form following, that is to say, First it is my will and desire that my funeral expence and all my just debts be fully paid out of the effects of my estate. Secondly, I give, devise and bequeath to my wife Patience ROBERTS, all my household and kitchen furniture. I also wish her to have an ample and comfortable support out of the interests or rents of my real estate during her natural life, in lieu of her dower, to be paid to her in small sums monthly as she may require for her own convenience, say one hundred dollars per year more or less as occasion might require for her own individual support, and no other purpose. I wish all my property in and about Znville to be held for sale and sold when it can be done without great sacrifice, my farm just North east of the village one mile, lot No. 23 containing Ninety-one Acres. I hereby _____ it upon my Executors not to sell until it will fetch two thousand dollars in payments, on interest, secured by mortgage. I wish it rented to the best advantage until it is sold and a part of the rents to be paid out yearly in improvements. Trimming it up and keeping good fences tc. No green timber must be allowed to be cut in this place that will make rails and only for that purpose; the old timber must be all first in hausled?. And my town property maintained in the Ville of Zville, the situation of such property is so fluctuating that I cannot set any price upon it but must leave it to the future judgment of my Executors and their worthy friends. But it seams (sic) to be my present impression to rent it as well as possible for two or three years and if a private sale does not offer to try it at publick auction, we know the extensive buildings to be dangerous and perishable property etc. I must now proceed to strive to make a just distribution of the within mentioned property, amongst my several legatees, agreeable to circumstances and _____ before me, and may God in his infinite wisdom and goodness aid and assist me in doing Justice to them all. I have three worthy children, two sons and a daughter, and one son, my eldest that always has been, and still remains, a poor unfortunate subject upon this earth. My two sons, John B. ROBERTS and Corrington S. ROBERTS, sharing heretofore made ample provision for them in a settlement of my property at M_____ in them in the ____ and of the City of Zanesville that could not calculate from neither of them to have any share or part in my Zville property, accept in such a manner as may be herein after mentioned. I hereby request and inform it upon my two dutiful sons John B. and C. ROBERTS, to pay their sister Lucy J. ROBERTS four hundred dollars more than was ____ to her in our settlement of that Millnin? Property which has turned out so much more valuable than we at that time estimated and you have all the interest of the two other boys. And Isaac was very anxious that his sister would have a part if not all that was left of his share after paying his funeral and other contingent expenses etc. In the above I wish you to go equal shares. I hope with the utmost confidence that you will always __ strict justice by her when your abilities will permit. And I hereby give and bequeath to my two grandchildren, my daughter Cecelia’s children, Corrington G. Hall and Lucy Ann Hall, one thousand dollars, five hundred dollars each out of the sale of my Irvine farm out of the two last payments, the payments of which I leave discretionary with my Executors and their Guardian when they may ____ most in kneed. Now what shall I say or do for my last and my unfortunate namesake, Charles Roberts Junr. I hereby venture to give to give and bequeath to him under the following restrictions: One thousand dollars to be retained and paid over for his use out of the final sale of all my property and in case of a reformation in his habits of life, which must be strictly attended to by my Executors and his guardian, which _______ and must have appointed and see that the money or property either in small sums or the whole will be laid out in such a way as will result to his permanent benefit in times of his greatest kneed and at him have no control of it unless he becomes an altered man of steady habits. And lastly I further desire and hereby give and bequeath to my daughter Lucy J. ROBERTS five hundred dollars to be paid to her from the proceeds of the final sale of my Irvin property. And lastly in the final sale of all my property after deducting the above Legacies and the support of my wife Patience ROBERTS her natural life and contingent expences if in case the property does not sell for enough to cover all the devices and expences as above. The several legatees must be reduced in due proportions. But we have reason to expect at present that there will be several hundred dollars over but we know not what accidents might happen to the property; whatever balance may be left in favor of the Estate if any after paying the legacies and the support of my wife, I wish and desire to go to my two sons John B. ROBERTS and Corrington J. ROBERTS to be equally divided between them, their heirs and assigns forever. And lastly I hereby constitute and appoint John B. ROBERTS and Corrington ROBERTS to be my Executors for this my last will and testament, revoking and annulling all former wills by me made and ______ and confirming this and no other to be my last will and testament. In testimony whereof I have hereunto set my hand seal this tenth day of November Anno Domini Eighteen Hundred and fifty-three. Charles ROBERTS {seal} Signed published and declared by the above named Charles ROBERTS as and for his last will and testament in presence of us who at his request have signed as witnesses to the same. Hezekiah Shacklett William W. Montgomery ____ examination and testimony of the attesting and subscribing witnesses to said will so reduced to writing and filed in Court and ordered to be recorded as aforesaid is now here accordingly done as follows, to wit: The State of Ohio Muskingum County ss. At the Probate Court held at the office of said Court in Zanesville within and for the county aforesaid on the 24th day of February 1854 the last Will and Testament of Charles ROBERTS, deceased, late of said County, was produced in writing and Hezekiah SHACKLETT and William W. MONTGOMERY the attesting and supporting witnesses thereto being duly sworn and examined in open Court declared said testator Charles ROBERTS, deceased, was at the time of executing and giving said last Will and Testament of full age, of sound mind and memory, and free from any restraint and that they heard him acknowledge said instrument of writing as and for his last Will and Testament and that they subscribed their names thereto as witnesses in his presence. I certify that the foregoing testimony was taken in open Court and reduced to writing by me and taken at the time and place above specified. Attest Mahlon SIMS, Probate Judge This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 8.8 Kb