OHIO STATEWIDE FILES OH-FOOTSTEPS Mailing List *********************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. *********************************************************************** OH-FOOTSTEPS-D Digest Volume 99 : Issue 359 Today's Topics: #1 Will of Absolom W. Nicholas, Montg [thomasw@ptd.net] #2 Will of Abraham Nicholas, Montgome [thomasw@ptd.net] #3 OLD NEWSPAPER CLIPPING [AUPQ38A@prodigy.com (MRS GINA M RE] ------------------------------ X-Message: #1 Date: Fri, 04 Jun 1999 15:52:02 -0400 From: thomasw@ptd.net Subject: Will of Absolom W. Nicholas, Montgomery County, OH, 1871 Absolom W. Nicholas was the son of Abraham Nicholas and Mary Westfall. He was born Aug. 16, 1828, and died September 22, 1871, in Dayton, Montgomery County, OH. ABSOLOM W. NICHOLAS WILL Be it remembered that heretofore in the Probate Court in and for the County of Montgomery and State of Ohio to wit: on the 30th day of September A.D. 1871, there was presented for probate and admitted thereto the last Will and Testament of Absolom W. Nicholas late of this County deceased and with the Testimony ordered to be filed and recorded and the same is in the Words and figures following to wit: "In the name of the Benevolent Father of all, I, Absolom W. Nicholas of the County of Montgomery and State of Ohio, being of sound mind and memory, considering the uncertainty of this life, do make, constitute, publish, and declare this to be my last Will and Testament. That is to say: First I desire that all my just debts shall be paid as they become due. Item 2nd I do hereby give and devise unto my beloved Wife Mary Ann Nicholas to be held and enjoyed by her during the time that may exist and expire between my decease and the time when my youngest child shall become of age. The following described real estate to wit: Being my farm of one hundred acres, be the same, more or less, lying and being in the Township of Jefferson County of Montgomery and State of Ohio, and being the same lands conveyed to me by Absolom Westfall by Deed dated March 25th 1862 and being Recorded in Book N.N.3, Pages 69 to 70 of the Records of said County and State. Item 3rd When my youngest child living at that time becomes of page, then it is my desire that said premises and any and all Real or personal property shall be sold and equally divided between all my children. My said wife receiving her third as allowed by law. Item 4th In case that after or before the above named division shall have been made any of my children should marry and having heirs should die leaving said heirs, in that case said share belonging to my child & heir, shall go to his or her Heir or Heirs, and if said Heir or Heirs should die and leave no heir or heirs then and in that case, their share of my property hereby devised to them, shall go to and return to my other heirs, being their Brothers or Sisters. Item 5th Provided that in case that my said Wife Mary Ann Nicholas shall cease to be, and shall not remain my Widow, and shall marry again, then and in that case and at that time, it is my Will and desire that my said premises shall be sold and divided as above named, if it shall be sooner and before the time mentioned when my youngest child shall become of page. Item 6th I desire the Probate Court of Montgomery County above named to appoint a Guardian for my children at any time when it shall become necessary to do so. Item 7th If my said Wife Mary Ann Nicholas shall remain my Widow and remain on said above described premises as long as that shall exist, I desire no sale made of any of my personal Estate, unless it should become necessary to make such sale to pay debts which I may owe, then and in that case, I desire that personal property as might be required should be sold, and this power to sell personal property I do hereby extend to my said Wife at any time during the existence of the above named qualifications with relation to herself, excepting that timber on my said premises I do not desire sold for any purposes, unless sold with the premises as above provided. Item 8 I do hereby appoint my beloved Wife Mary Ann Nicholas Executrix of this my last Will and Testament, Provided that if she my said Wife should become disqualified by marriage as above named before my youngest Child shall become of age, then and in that case, I do hereby appoint my brother, Joseph H. Nicholas, as Executor of this my last Will and Testament to commence at the time of the disqualification of my said Wife as Executrix as above named. In Witness whereof I have hereunto subscribed my Name and affixed my seal on this 19th day of September A.D. 1871. Absolom W. Nicholas (seal) The above written Instrument was subscribed by the said Absolom W. Nicholas in our presence and acknowledged by him to each one of us, and he at that same time declared the above instrument so subscribed to be his last Will and Testament, and we at the Testators request, and in his presence and in the presence of each other, have signed our names as Witnesses hereto and written opposite our names our respective place of Residence. David E. Holderman Jefferson Township, Montgomery County, Ohio Jacob Caylor Jefferson Township, Montgomery County, Ohio Afterwards in said Court to wit: on this 30th day of September A.D. 1871, the testimony of the subscribing Witnesses to the said last Will and Testament of Absolom W. Nicholas deceased was taken and reduced to writing and filed with said Will and the same is in the Words and figures following to wit: The State of Ohio, Montgomery County, Montgomery Probate Court. Personally appeared in open Court, David E. Holderman and Jacob Caylor, the subscribing witnesses to the last Will and Testament of Absolom W. Nicholas, who being duly sworn according to law to speak the truth, the whole truth, and nothing but the truth, in relation to the execution of said Will, depose and say, that the paper before them purporting to be the last Will and Testament of Absolom W. Nicholas deceased, is the Will of said deceased. That they were present at the making of said Will, and at the request of the Testator subscribed their names to the same as witnesses in his presence and in the presence of each other, that they saw the said Absolom W. Nicholas now deceased sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament, that the said Absolom W. Nicholas at the time of making, signing, and sealing said Will, was of legal age and of sound mind and memory, and under no undue or unlawful restraint whatsoever, as they verily believe. David E. Holderman Jacob Caylor Sworn to and subscribed in open Court, this 30th day of September 1871. Dennis Dwyer, Probate Judge And afterwards in said Court to wit on the 30th day of September 1871. This day the last Will and Testament of Absolom Nicholas late of this County deceased was presented for probate in this Court and the Testimony of David E. Holderman and Jacob Caylor, the subscribing witnesses to said last Will and Testament, was in open Court taken and reduced to writing and the Court being satisfied from said Testimony that the said Absolom W. Nicholas deceased at the time he executed said last Will and Testament was of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint. It is order that said last Will and Testament be and the same is hereby admitted to probate and with said Testimony is ordered to be recorded. Thereupon came Mary Ann Nicholas Executrix named in said last Will and Testament and accepted the trust of Executrix. Wherepon the Court ordered her to enter into a Bond to the State of Ohio in the sum of Fifteen Hundred Dollars conditioned according to law, which she did with Absolom Nicholas and David E. Holderman as Securities approved by the Court. David Holderman, Jacob Caylor, and John Hiser were Appraisers and Letters Testamentary issued. Whereupon came into the Court Mary Ann Nicholas Widow of said Absolom W. Nicholas deceased, and the judge having explained to her her rights under the Will and under the laws of the State, she elected to take under the Will in lieu of Dower, which is entered of record accordingly. ------------------------------ X-Message: #2 Date: Fri, 04 Jun 1999 15:55:27 -0400 From: thomasw@ptd.net Subject: Will of Abraham Nicholas, Montgomery County, OH, 1877 Abraham Nicholas was born December 22, 1804, PA, and died in Harrison Township, Montgomery County, OH, May 31, 1877. He was married 1st to Mary Westfall and 2nd to Barbara Artz Geyer. ABRAHAM NICHOLAS Will Be it remembered that heretofore in the Probate Court, within and for the County of Montgomery and State of Ohio to wit; on the 13th day of June, AD, 1877, there was presented in this Court for Probate and admitted thereto the last Will and Testament of Abraham Nicholas, deceased, clothed in words and figures, following to wit; In the name of the Benevolent Father of All, I, Abraham Nicholas, Sr., of the Township of Harrison, in the County of Montgomery and State of Ohio, being desirous of settling my wordly affairs, while in sound health and of disposing mind and memory, do make and publish this, my last Will and Testament, hereby revoking all former wills by me made. Item 1. I desire that my Executors, hereinafter named, pay all my just debts, as soon as possible after my death. Item 2. I give and devise to my son, George W. Nicholas, as his full share of my real estate, the farm on which I now reside, containing about sixty seven (67) acres, and located in Harrison Township, in Montgomery County and State of Ohio, to belong to him and his heirs forever, and in consideration of the above gift, I require my son, George W. Nicholas, to keep me my natural life, that he shall furnish me boarding, have my washing and mending done, and when I am sick or otherwise disabled, he shall furnish me with a good and faithful nurse. Item 3rd . I give and bequeath all my personal estate, of all kinds, except what is named in Item 4th, to each of my children, the seventh part, and one seventh part thereof to the children of my son, Absolom W. Nicholas, deceased, excepting my daughter, Mary Bittner, who has received already her full share of my personal property. Item 4th. I desire that the blacksmith tools and other personal property in the shop on my home farm, shall remain thereon and belong to my son, George W. Nicholas, and I direct that my executors take no account of them in the settlement of my estate. Item 5th. If any of my heirs shall become dissatisfied with this will, or any part thereof, after my death, and shall commence legal proceedings in any court or in any manner attempt to set aside this will or to attempt to modify any of the provisions thereof, they shall be dispossessed of their share of my property by their act; and the share so dispossessed shall be equally divided between the heirs that are satisfied with this will, the children of my son, Absolom, shall receive one full share. I intend by Item 5 to include the division of my real estate, 140-1/4 acres, as I have made deeds to each, as plat of which is drawn on Mary Bittner's deed, and I hereby will each the part named on said plat. I also included Geo. W.'s part in Item 2. Item 6th. I do hereby nominate and appoint Joseph H. Nicholas and Abraham C. Nicholas executors of this, my last will and testament, hereby authorizing and empowering them to compromise, adjust, release, and discharge, in such manner as they may deem proper, the debts and claims due me. I also order that my executors be not required to give bond. I desire that no appraisement and no sale of my personal property be made, and that the Court of Probate direct the omission of the same, in pursuance of the statute. In testimony hereof, I have hereunto set my hand and seal this 2nd day of September in the year 1876. Abraham Nicholas, Sr., (SEAL) . Signed and acknowledged by said Abraham Nicholas, as his last will and testament, in our presence and signed by us in his presence. Joseph B. Johns, Barbara E. Miller Afterwards, to wit: on the 13th day of June, AD, 1877, personally appeared and in open court, Joseph B. Johns and Barbara E. Miller, the subscribing witnesses to the last will and testament of Abraham Nicholas, Sr., deceased, who being duly sworn according to law to speak therefore the whole truth, and nothing by the truth, in relation to the execution of said will, depose and say, that the paper before them purporting to be the last will and testament of Abraham Nicholas, Sr., now deceased, that they were present at the making of said will, and at the request of the Testator subscribed their names to the same as witnesses in his presence, and in the presence of each other; that they saw the said Abraham Nicholas, Sr., deceased, sign and seal said will, and heard him acknowledge the same to be his last Will and Testament; that the said Abraham Nicholas, Sr., at the time of making, signing and sealing said Will, was of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever, as they verily believe. Joseph B. Johns Barbara E. Miller Sworn to and subscribed in open court this 7th day of June, A.D., 1877. John L. H. Frank, Probate Judge Afterwards, to wit; on the 13th day of June, A.D., 1877. This day the last Will and Testament of Abraham Nicholas was presented in this court for probate and the testimony of Joseph B. Johns and Barbara Miller, the subscribing witnesses to said last Will and Testament was in open court taken and reduced to writing and the Court being satisfied from said testimony that the said Abraham Nicholas at the time of executed said last Will and Testament was of legal age and of sound disposing mind and memory and under no undue or unlawful restraint whatsoever. It is therefore ordered that said last Will and Testament be and the same is hereby admitted to probate and with said testimony ordered to be recorded. Joseph H. Nicholas and Abraham C. Nicholas, executors named in said will in open court accepted said trust thereupon the court appointed them Executors of said last Will and Testament. No bond required under the will and letters issued. ------------------------------ X-Message: #3 Date: Fri, 4 Jun 1999 14:55:05, -0500 From: AUPQ38A@prodigy.com (MRS GINA M REASONER) Subject: OLD NEWSPAPER CLIPPING OHIO The cross road of our nation Records & Pioneer Families January-March 1984 Vol. XXV No. 1 Published by The Ohio Genealogical Society - NO COPYRIGHT The following was submitted by: Thomas Milton Tinney, 922 Univ. VLG Bld. A, Salt Lake City, Utah 84108 (In 1984) In going through a recent edition of your OHIO RECORDS AND PIONEER FAMILIES Vol. 21, page 27, I noted an item on death notices in one of the Cincinnati papers. I found the following in: CINCINNATI ADVERTISER AND OHIO PHOENIX, New Series, Vol. X, No. 67, Cincinnati, Ohio, Saturday, September 1, 1832, Whole #978, which you have my permission to print. It was so unusual and just perfectly depicts the spirit of genealogical research. INFORMATION WANTED Sometime nine or ten years ago, my father's family, consisting of my mother, four sisters, two brother, and myself, emigrated to the Western Country from Falmouth, Nova Scotia. Shortly after our arrival in Cincinnati, I left them without their knowledge or consent, since which time I have not seen or heard from them, but I have understood they settled in the Miami country. My oldest brother was a carpenter by trade, and named Matthew, and the youngest William SHELDIN. Any information respecting them will be very thankfully received, either through the Post Office here or addressed to the office of this paper; and should this meet the eye of any of them they will gratify the feelings of an affectionate brother by writing immediately. BENJAMIN SHELDIN "Cincinnati, August 29, 1831" Listed even though paper is year 1832. -------------------------------- End of OH-FOOTSTEPS-D Digest V99 Issue #359 *******************************************