Muskingum County OhArchives Wills.....John ROBERTS April 26 1842 ************************************************ 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, 9:50 pm Source: Muskingum Co., OH; Will Book C, page 401 Written: April 26 1842 Recorded: June 22 1842 JOHN ROBERTS – dec’d The State of Ohio Muskingum County ss. Court of Common Pleas, June term 1842. to wit. on the 22nd day of June 1842. The last will and testament of John ROBERTS late of said County deceased was produced at the above term in writing, and Ira BELKNAP and James HELMICK two subscribing witnesses thereto being duly sworn and examined in open Court, declared that said testator for John ROBERTS dec’d. was at the time of Executing and signing said last will and testament of full age and sound mind and memory, that he signed the same in their presence and that they heard him acknowledge said instrument of writing as and for his last will and testament, and that they subscribed their names as witnesses thereto in his presence. I certify that the foregoing testimony was taken in open Court at the above term and day. (Transcriber Note: Unable to read any remainder of page; however, this is at the bottom of the page and is most likely just a judge’s name as will starts on next page.) WILL Be it remembered that I John ROBERTS of the Town of Zanesville in the County of Muskingum and 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 that my funeral expences and all my just debts be fully paid. Second it is my will and desire that all monies due me on notes bonds judgments or otherwise and moneys on hand shall be applied for paying my just debts and other expences and the ballance I wish to have paid over by my executors to my wife Barbery ROBERTS for the use of her and the family; and Thirdly I also give devise and bequeath to my wife Barbery Roberts in lieu of her dower my plantation in the Country on which we formerly lived situate in the second quarter of the first Township and eighth Range U.S. military with the mansion house barn and other improvements or so much of said plantation as is hereby not otherwise disposed of amongst my heirs to have all the rents issues and profits of Lots No. 2, 3 & 4 agreeable to a Plat of division made of my land April 14th AD 1842 during her natural life or so long as she remains my widow and all the livestock horses cows sheep hogs, furniture carriages waggons and farming utensils by me now owned and kept therein, and it is my desire to have my wife to bring up all my minor children, keep them together to board cloth and educate them all in a good and proper manner according to their several capacities tc. And if my wife should die before all my minor children arrives to a proper age of maturity, it is my desire that all the above property, or the proceeds of the ballance shall be applied to the raising and educating said children which is my desire shall be strictly attended to by my Executors after the death of my wife if it should so happen. Fourthly I give and devise to my Eldest son William ROBERTS farm lot number one according to my Plat of division bounded on the southwest with Licking creek, on the West with lands of William MARSHALL and on the North with lands of William CASSIS and on the East with farm lot number two to him and his heirs forever in fee simple. Fifthly I give and devise to my second son John W. ROBERTS farm lot number five agreeable to said Plat of division, bounded on the North East by a state Road and on the East with lands of John DILLON and on the South by Licking creek, and on the West with lot number two, to him and his heirs and assigns forever in fee simple. I also give and devise to my son John W. ROBERTS my compass chain mathematical instruments and all my surveying apparatus. Sixthly I give and devise to my third son Henry Clay ROBERTS farm lot number four on which the mansion house barn and other buildings stand to him and his heirs and assigns forever in fee simple but not to come in possession untill after the death of his Mother and he himself arives to the age of twenty one years. And to Alexander ROBERTS my fourth son I give and devise farm lot number three being the North East part of my division to him and his heirs and assigns forever but not to come in possession untill after the decease of his mother and he arives to the age of twenty one years if he so long lives. I also give and devise to my fifth son Thomas E. ROBERTS farm lot number two agreeable to said division before recited to him and his heirs and assigns forever after the decease of his mother and he himself arives to the age of twenty one years all of which farms are represented and fully described in my Plat and field notes of survey which is my desire shall be recorded on the records of the County and it is further my desire that if any of my male heirs should die without issue of his body that his or their share or shares of my property shall be equally divided amongst the other male heirs. And the balance of my real estate consisting of one farm on Joes Run being lot number one in the first quarter of the first township 8th Range containing one hundred and fifty acres and one brick house and part of lot No. 10 in the 15th square of the Town of Zanesville. And it is further my will and desire that my executors shall sell the last mentioned farm and town property so soon as they may think the times are such as will justify a sale to good advantage without any sacrifice of the property and I do hereby authorise and empower my Executors to make and execute deeds or other conveyances to the purchasers for the whole or any part thereof to said last mentioned real property and that a reasonable credit might be given on part of the purchase ___ with interest and the while secured by mortgage on the property. And out of the proceeds of the above last described property, it is my will and desire that my Eldest Daughter Amanda BONER a married women shall receive the sum of one thousand dollars. I also give and devise to my second daughter Jane VANVORES a married woman the sum of one thousand dollars. I also give and devise to my third daughter Clarrissa ROBERTS a single woman the sum of one thousand dollars. I also give and devise to my fourth daughter Elisabeth ROBERTS one thousand dollars. I also give and devise to my fifth daughter Emily ROBERTS the sum of one thousand dollars to be ___ally paid to them by my executors with interest if any be due so soon and so fast as collected on the sale of said property in due proportions to each one, and it is further my will and desire that in case my wife Barbery ROBERTS should have a living child born in a reasonable time of my decease and it should live wether male or female I do hereby will and devise until such child the sum of one thousand dollars and if said real estate should sell for more than will pay all the above mentioned legacies to be equally divided amongst my female heirs tc. And if said property should not sell for a sum equal to the amount of all the above mentioned legacies it is my will and desire that the amount of whatever it does sell for shall be equally divided amongst the last mentioned heirs as their several legacies and it is further my will and desire that if any of my female heirs above mentioned should die in a state of minority or without issue of their body such share or shares I wish to be equally divided among the other surviving female heirs, and it is further my request and desire that should any one or all my daughters hereafter marry which are now single, I wish my wife Barbery their Mother to give them a decent setting out out of my effects such as equal to their sisters which are now married which is not to be considered any part of their legacies before mentioned. And lastly I hereby constitute and appoint Daniel VANVORES and my son William ROBERTS to be the Executors for this my last will and testament whom I hereby ___th with full powers to carry the provisions of my will into full effect without giving any security for their faithfull performance until they come to sell the real estate, then to give security agreeable to law hereby revoking and annulling all former wills ____ made and ratifying and confirming this and no other to be my will and testament. In witness whereof I have hereunto set my hand and seal this 26th day of April Anno Domini Eighteen Hundred and forty two. John ROBERTS {seal} Signed published and declared by the above named John ROBERTS as and for his last will and testament in presence of us who at his request have signed as witnesses to the same. Ira BELKNAP Charles ROBERTS James HELMICK This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 9.2 Kb