OHIO STATEWIDE FILES OH-FOOTSTEPS Mailing List Issue 122 ************************************************************************** USGENWEB ARCHIVES(tm) NOTICE Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgenwebarchives.org ************************************************************************** OH-FOOTSTEPS-D Digest Volume 03 : Issue 122 Today's Topics: #1 [OH-FOOT] Oh-Muskingum Co. Wills ( [Archives ] #2 [OH-FOOT] Oh-Muskingum Co. Wills ( [Archives ] #3 [OH-FOOT] Oh-Perry Co. Wills (RUSH [Archives ] #4 [OH-FOOT] Oh-Muskingum Co. Wills ( [Archives ] Administrivia: To unsubscribe from OH-FOOTSTEPS-D, send a message to OH-FOOTSTEPS-D-request@rootsweb.com that contains in the body of the message the command unsubscribe and no other text. No subject line is necessary, but if your software requires one, just use unsubscribe in the subject, too. ______________________________ --Boundary_(ID_6Loni8lUOyr6F+djkwg0Dg) Date: 19 Aug 2003 01:03:27 -0000 From: Archives Subject: [OH-FOOT] Oh-Muskingum Co. Wills (ROBERTS) To: OH-FOOTSTEPS-L@rootsweb.com Message-id: <20030819010327.3872.qmail@mail.best1-host.com> Content-type: text/plain; charset=iso-8859-1 Content-transfer-encoding: 8BIT X-Message: #1 Muskingum County OhArchives Wills.....Henry ROBERTS February 21 1848 ************************************************ 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, 9:03 pm Source: Muskingum Co., OH; Will Book D, page 410 Written: February 21 1848 Recorded: April 15 1851 Henry ROBERTS, deceased The State of Ohio, Muskingum County, ss. Court of Common Pleas, April Term 1851, to wit April 11th, 1851. “The last will and testament of Henry ROBERTS, late of Muskingum County deceased, was this day produced in open Court for probate. And thereupon John S. MILLER one of the attesting and subscribing witnesses to the said last will and testament appears in open Court, and was duly sworn and examined touching the execution of the same, and his said testimony was thereupon reduced to writing and duly filed. And it appearing to the Court that Sarah MILLER the other attesting and subscribing witness to the said last will and testament is infirm and unable to attend Court, it is thereupon ordered that a commission, with the said last will and testament annexed, issue to William BOLING, Esq. Mayor of Uniontown in this county, authorizing and requiring him to take the deposition of the said Sarah MILLER relative to the execution of the said last will and testament, and that he return the same duly certified by him, together with the said last will and testament and commission, forthwith to this Court.” And the examination and testimony of one of the attesting and subscribing witnesses John S. MILLER thereto and so reduced to writing and duly filed in Court, reads in the words and figures following “ to wit. “The State of Ohio, Muskingum County, ss. At a court of Common Pleas, held at the Court house in Zanesville, within and for the County aforesaid, on the 11th day of April 1851 the last will and testament of Henry ROBERTS late of said County deceased, was produced at the above term and day in writing, and John S. MILLER one of the subscribing witnesses thereto being duly sworn and examined in open Court, declared that said testator Henry ROBERTS deceased, was at the time of executing and signing said last will and testament, of full age, and sound mind and memory and free from any restraint that he signed the same in his presence and in the presence of Sarah MILLER and that he heard him acknowledge said instrument of writing as and for his last will and testament, and that he subscribed his name as witness thereto in his presence”. I certify that the foregoing testimony was taken in open Court at the above term and day. Attest: A. WILKINS, Clerk. And afterwards to wit on the 11th day of April 1851, agreeably to said order thereof was issued out of our said Court a commission directed to William BOLING, Esq., Mayor of Uniontown, in said County, which commission reads as follows. “The State of Ohio Muskingum County ss. To William BOLING, Esq. Mayor of Uniontown in said County, Greeting: Whereas at the April Term A.D. 1851 of our Court of Common Pleas within and for the said County to wit, on this 11th day of April A.D. 1851, it was ordered by our said Court that a Commission should issue to you, authorizing and requiring you to take the deposition of Sarah MILLER, of said Uniontown, as one of the attesting and subscribing witnesses to the last will and testament of Henry ROBERTS, late of said County, deceased, touching the execution of the said last will and testament. The said Sarah MILLER being infirm and unable to attend Court; - You are therefore hereby authorized and required to proceed to take the deposition of the said Sarah MILLER, as one of the attesting and subscribing witnesses to the said last will and testament touching the execution of the same, according to the statute in such case made and provided, (which said last will and testament is hereunto annexed for such purpose) and to return the same duly certified by you (together) with the said last will and testament and this commission, forthwith, to our said Court, at the Court House in Zanesville. Witness, the Clerk and seal of our said Court, at Zanesville, this 11th day of April, A.D. 1851. Anth?. WILKINS, Clerk By Ch. C. RUSSELL, Deputy. Which said was afterwards returned to wit April 15th 1851, with the following deposition which reads in the words and figures following, to wit; “Deposition of Sarah MILLER taken a witness to the last will and testament of Henry ROBERTS late of Newton township Muskingum County deceased being first duly sworn by me and follows. Question, did Henry ROBERTS sign this will in your presence Answer, by witness yes sir he did. Question, did you sign it as witness at his request and in his presence Answer, by witness, yes sir I did. Question, was he of lawfull age of sound mind and memory? Answer, by witness, he was. Question, was he under any restraint or compulsion to sign said will Answer, by witness, not that I no of he was not. And further this deponent said not. Sarah MILLER {her mark} I William BOLING Mayor of Uniontown in Newton township Muskingum County Ohio, do hereby certify that the above named Sarah MILLER was first duly sworn by me to her answers give to the questions asked her by me concerning the last will and testament of Henry ROBERTS late of Newton township (deceased) so writing by John S. MILLER at my request and in my presence. Whereof I have hereunto set my hand this 12th day of April A.D. 1851. Wm. BOLING, Mayor Court of Common Pleas April Term 1851, to wit, April 15th 1851. “William BOLING, Esq. Mayor of Uniontown, Muskingum County, Ohio, to whom by order of this Court made at the present term, a commission was issued authorizing and requiring him to take the deposition of Sarah MILLER one of the attesting and subscribing witnesses to the last will and testament of Henry ROBERTS, late of said county, deceased, relative to the execution of the said last will and testament, this day returned the said Commission (together with the said last will and testament which was thereunto annexed for such purpose) with the deposition of the said Sarah MILLER in such behalf duly taken, reduced to writing, sworn to and certified, which said deposition is now on file in Court here. And it appearing to the satisfaction of the Court here from the said testimony of the said attesting and subscribing witness to the said last will and testament that the said testator 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 ordered that the said last will and testament be and the same is hereby admitted to probate, and that the same, together with the said testimony commission, deposition and this and the previous order in this behalf, all duly recorded.” WILL “In the name of the benevolent Father of all I Henry ROBERTS of the County of Muskingum and State of Ohio, do make and publish this my last will and testament in the manner and form following. 1st It is my will that my funeral expences and all my just debts be fully paid. Item 2nd I give devise and bequeath to my beloved wife Phebe ROBERTS the farm on which we now reside situate in Newton township Muskingum and state of Ohio supposed to contain about one hundred and ninety nine acres during her natural life and one horse two milch cows and six head of sheep, also all the household furnature and other items not particularly named and otherwise disposed of in this will during her natural life as aforesaid and at the death of my said wife all the household furnature devised and bequeath to my wife as aforesaid or so much thereof as may then remain unexpended, to go to my daughter, Malinda ROBERTS her heirs and assigns and at the death of my wife all the above mentioned farm to be divided between my two sons Manly ROBERTS and Henry H. ROBERTS in the manner following, that is to say my son Manly ROBERTS to have his share of said farm off the East end of the aforesaid farm agreeably to the survey and plat made by William ANDERSON surveyor on the 1st day of June A.D. 1841 containing ninety two acres more ore less and the balance of said farm to go to my son Henry H. ROBERTS his heirs and assigns agreeably to a survey and plat made by same surveyor on the 1st day of June A.D. 1841 with the exception of the mansion house where I now live with three acres of land and all the out houses thereto attach, to be for my daughter Melinda ROBERTS during her natural life, and at her death to go to my son Harrison H. ROBERTS his heirs and assigns. In case my daughter Malinda should marry then the aforesaid houses and three acres of land to go to my son Harrison H. ROBERTS his heirs and assigns. Item 3rd I give devise and bequeath to my daughter Mary Ann LEHEW and her children five hundred dollars to be paid by my son Manly ROBERTS to be paid in the manner following that is to say, fifty dollars at the death of me and my wife, and fifty dollars every year thereafter without interest til the aforesaid sum of five hundred dollars is paid. Item 4th I give and bequeath to my daughter Malinda ROBERTS five hundred dollars to be paid by my son Henry H. ROBERTS in the manner following, that is to say, fifty dollars at the death of me and my wife and fifty dollars every year thereafter without interest til the aforesaid sum of five hundred dollars is paid and in case my daughter Malinda should die before the aforesaid sum of money is paid then and in that case it is not to be paid to any person. Item 5th I give devise and bequeath to my son Henry H. ROBERTS the heavy wagon now belonging to me and the gear belonging to said wagon in aquivelent for the incumbrance on his tract of land above mentioned. Item 6th I give devise and bequeath to my two sons Manly ROBERTS and Henry H. ROBERTS all the stock and farming utencils belonging to me at my death and not otherwise disposed of in the foregoing will to be equally divided between them by two respectable persons. Item 7th I give devise and bequeath to my three sons John ROBERTS, Charles ROBERTS and William ROBERTS and to my daughters Elizabeth FULTON and Lucinda DOLSON one dollar each besides the land they have received of me in Morgan County Ohio, to be paid by my two sons Manly ROBERTS and Henry H. ROBERTS. And I lastly hereby constitute and appoint my two sons Manly ROBERTS and Henry H. ROBERTS Executors of this my last will and testament revoking and annulling all former wills by me made and ratifying and confirming this and no other to be my last will and testament. In testimony whereof I have hereunto set my hand and seal this 21st day of February A.D. 1848. Henry ROBERTS {seal} Signed published and declared by the above named Henry ROBERTS as and for the last will and testament in presence of us who at his request have signed as witnesses to the same: John S. MILLER Sarah MILLER This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 11.2 Kb ______________________________ --Boundary_(ID_6Loni8lUOyr6F+djkwg0Dg) Date: 19 Aug 2003 01:23:45 -0000 From: Archives Subject: [OH-FOOT] Oh-Muskingum Co. Wills (ROBERTS) To: OH-FOOTSTEPS-L@rootsweb.com Message-id: <20030819012345.7297.qmail@mail.best1-host.com> Content-type: text/plain; charset=iso-8859-1 Content-transfer-encoding: 7BIT X-Message: #2 Muskingum County OhArchives Wills.....William R. ROBERTS January 17 1829 ************************************************ 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, 9:23 pm Source: Muskingum Co., OH; Will Book C, page 48 Written: January 17 1829 Recorded: November 23 1833 WILL OF WM. R. ROBERTS, dec. Court of Common Pleas. November Term 1833 & now to wit on this 23d day of November 1833 the last will and testament of Wm. R. Roberts dec. is produced and Matthew Gillespie & Wm. Anderson the subscribing witnesses being in open Court duly sworn and examined do say that the said will was duly executed and that the testater at the time of executing the same was of full age and sound mind, memory and understanding and not under any restraint and that the said deceased requested the said Matthew & William to sign the same as witnesses thereto and the said will is ordered to be recorded (154). WILL Wm. R. Roberts last will and testament of Newton Township Muskingum County Ohio in the name of God Amen, I William Roberts being deceased in body but sound in mind I doth bequeath here to my dearly beloved wife Frances Roberts & I leave the hole (sic) of my estate real & personal during her widowhood consisting of one farm on which we now live purchased from William Wilson as the deed will fully show. Also my horses, cattle, sheep, hogs, household furniture and two silver watches and what silver I now have and at her death it is to be equally dived (sic) amonge my lawfull heirs. I also wish my dear & beloved wife to use all lawfull indeavors (sic) to preserve the property while she is in charge of the same. In testimony whereof I have hereunto set my hand and seal this 17th of Jany A.D. 1829. William R. Roberts (seal) Witness Present: M. Gillespie Wm. Anderson This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 2.1 Kb ______________________________ --Boundary_(ID_6Loni8lUOyr6F+djkwg0Dg) Date: 19 Aug 2003 01:27:25 -0000 From: Archives Subject: [OH-FOOT] Oh-Perry Co. Wills (RUSH) To: OH-FOOTSTEPS-L@rootsweb.com Message-id: <20030819012725.7760.qmail@mail.best1-host.com> Content-type: text/plain; charset=iso-8859-1 Content-transfer-encoding: 7BIT X-Message: #3 Perry County OhArchives Wills.....Benjamin RUSH December 13 1827 ************************************************ 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, 9:27 pm Source: Somerset Co., PA; Will Book 2, page 495 Written: December 13 1827 Recorded: February 29 1828 WILL Benjamin RUSH In the name of God Amen I Benjamin RUSH of Turkeyfoot Township Somerset County and State of Pensylvania considering the uncertenty of this mortal life and being of sound mind and memory blesed be God for the same do make and publish this my last will and testament in maner and forme folowing that is to say 1st That my body be intered in a cristian and deacsent like maner 2nd That my funeral expences be paid 3rd That all my just debts be paid 4th That thair be a vandue(?) made of my personal property as sune after my deceas as my Executor herein after mentioned may think propper 5th I will and bequeath unto my sone Jacob RUSH all my waring apperal and my young horse his all (?full?) shear of my personal property 6th I will and bequeath unto my daughter Margret ten dolers in cash in full of all my whole estate 7th I will and bequeath unto my daughter Hulday my black mare one cow and half of my bedding and kitchen furniter 8th I will and bequeath unto my son Garet ten dolars in cash as his full shear of my whole estate 9th I will and bequeath unto my daughter Rebeccah one cow and half of my bedding and kitchen furniture. 10th I will and bequeath unto my sone Benjamin RUSH ten dolers in cash in full of my whole estate 11th It is my will that the hairs of my daughter Precille receive no parte of my estat personal or real hur and hure hairs having received thair full shear of me in my lifetime. 12th That my Executor leace my plantation for the terme of three years after my deceace for repairs to be done on said farme it being the only real property oned by me on which I now reside and at the experation of the above three years that my Executor sell the above named farme for such sume and payments as my executor may think propper and the money arising thair from to be equelly devided betwene my sone Jacob and my daughter Huldy and my daugter Rebecah the reste of my children to have no other then the sumes within mentioned. 13th And lastly I nominate appointe and constitute as my sole executor of this my last will and testament John RUSH of the county and state afforesaid having revoked all former wills by me maid. In witness whearerof I have here unto set my hand and seal the thirteent day of December one thousand eight hundred and twenty seasen. Benjamin RUSH Signed sealed and published and delived by the above named Benjamin RUSH to be his last will and act in testamoney whearof and in the presents of us and at his request and in his presents have subscribed ower names as witness thairunto Jacob RUSH Jun Phinehas SKINNER Huldah RUSH Somerset County ss. Personally appeared before me Alex OGLE Jun Register for the Probate of Wills and granting letters of administration in and for said county Jacob RUSH Jun and Phinehas SKINNER two of the subscribing witnesses to the foregoing instruments of writing, who being sworn according to law deposeth and saith that they were personally present and saw Benjamin RUSH the Testator sign, seal, publish, pronounce and declare the within instrument of writing as and for his last will and testament and that at the time of so doing he was of perfect and sound mind, memory and understanding to the best of their knowledge and belief and that the name Benjamin RUSH signed to the said instrument of writing in his own proper hand writing and that our names subscribed as witnesses thereunto is in our proper hand writing and that the name Huldah RUSH the other subscribing witness is also in her own proper hand writing signed in presence of us. Jacob RUSH Jun Phinehas SKINNER Sworn and Subscribed ____ me Feby 29th 1828 Somerset County ss. By the ____ of these presents I Alexander OGLE Jr Register for the Probate of Wills and granting letters of Administration in and for the County of Somerset in the Commonwealth of Pennsylvania do make known unto all men that on the day of the date hereof at Somerset, before me was proved, approved and asinuated the said will and testament of Benjamin RUSH late of said county deceased (a true copy whereof is to these presents annexed) having whilst he lived and at the time of his death, _____ goods, chattels, rights and credits within the said commonwealth. By reason whereof the approbates and insinuation of the said last will and testament and the committing the administration of all and singular the goods and chattels rights and credits, which were of the said deceased, and also the auditing the accounts, calculations and reckonings of the said administration, and a final dismesion ____ the same to me are manetestly known to belong; and that the administration of all and singular the goods and chattels rights and credits, which were of the said deceased any way concerning his last will and testament was committed to John RUSH Executor of the said last will and testament named he having been just affirmed(?) well and truly to administer the goods and chattels of the said deceased and make a true and perfect inventory thereof and cochebel(?) the same into the Regesters office at Somerset on or before the 29th day of March next and to render a just and true account calculation and reckoning of the said administration on or before the 20th February next ensuing. In Testimony whereof I have hereunto set my hand and the seal of the said county of Somerset the 20th day of February one thousand eight hundred and twenty eight. Alexander OGLE Jun. Register Registered 29th February 1828 ______ FLETCHER for Alex. OGLE Jun, Register Additional Comments: NOTE: There were many misspellings in this document; the will record was transcribed as written. Benjamin RUSH's descendants settled in Perry Co., OH. This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 6.3 Kb ______________________________ --Boundary_(ID_6Loni8lUOyr6F+djkwg0Dg) Date: 19 Aug 2003 01:50:44 -0000 From: Archives Subject: [OH-FOOT] Oh-Muskingum Co. Wills (ROBERTS) To: OH-FOOTSTEPS-L@rootsweb.com Message-id: <20030819015044.11501.qmail@mail.best1-host.com> Content-type: text/plain; charset=iso-8859-1 Content-transfer-encoding: 8BIT X-Message: #4 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 -------------------------------- End of OH-FOOTSTEPS-D Digest V03 Issue #122 *******************************************