Perry County OhArchives Wills.....Martin, George July 25, 1862 ************************************************ 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: Barbara Allen ballen@lgsd.k12.ca.us July 21, 2007, 9:24 pm Source: Perry County, Clerk Of Courts, Minutes "probate" Written: July 25, 1862 The State of Ohio, Perry County: Be it remembered that on this 25th day of July 1862 at a court of Probate held in and for said county before R. F. Hickman the judge of said Court, the following proceedings were had in reference to the probate of the last will and testament of George Martin late of said county deceased, as will appear by Journal No. 3 p. 15 to wit, July 25, 1862 George Martin dec'd This day the last will and testament of George Martin, late of Perry County, Ohio deceased was produced in open court and thereupon came Henry Kelly and Samuel Lyle the subscribing witnesses to said will who testified on oath to the due execution thereof which testimony was reduced to writing aby said witnesses subscribed filed with said will, and it appearing from said testimony, that said will was duly executing the same was of full age of sound mind and memory and not under any restraint, it is therefore ordered by the court that said will and testimony be recorded, whereupon John C. Martin the executor a foresaid, upon his giving bond with security in the sum of ten thousand dollars, thereupon the said John C. Martin, with George W. Martin, Samuel Lyle and William Laird, his securities being also in Court gave bond in the sum aforesaid conditioned according to law, upon the execution of which bond the said executor was duly qualified and sworn. It is further ordered that Henry Kelly, Samuel Lyle and William D. Laird being first duly sworn proud to appraise the personal property of said deceased. Which said will and Testimony is in the words figures following to wit: In the name of God, Amen. I George Martin of the township of Madison, County of Perry and State of Ohio being weak of body, but of sound mind and memory, and calling to mind the certainty of death, and uncertainty of the time of it, do make and ordain this my last will and testament in manner and form as follows: viz? 1. First, I will and bequeath to Elizabeth Thomas, wife of Matthias Thomas a certain house and lot in which she now resides, withal of the appurtenances during her natural life, or so long as she may wish to occupy the same, in her own person, but not to be disposed of in any manner and when she is deceased, then the same is to descend back into my estate and. 2. Secondly, I wish all my just debts and funeral expenses all legally paid. 3. Thirdly, I bequeath to my wife Hester Martin, all the entire balance of my estate during her natural life, for her support, except the house and lot above mentioned. I further will that immediately after my decease, that all my personal property, of every kind be brought to sale, by my executor, without any appraisement and to be sold at public sale, legally advertised, and the effects arising there from to be used in payment of all legal claims as the land provides, and also all money due to be collected as well as all on hand, to be collected and used in the same manner. Be it understood, that the portable saw mill is excepted and my share of the same is to remain as it now is, and to be used in company with the other shares, in said mill, and the profits, arising there from, to be used and considered belonging to my estate, and appropriated for the benefit, of my beloved wife if needed, but if in case the other shares, of said mill is sold, my interest therein to be sold, also I further make except from sale, for the use of my beloved wife two beds, and all that pertains to the same, to be selected by suitable persons and to remain for her comfort, wherever she may reside, and not to be sold during her natural life. And I furthermore direct by this instrument, that after my decease that all my real estate be judiciously rented, and the avails arising therefore, to be used for the entire benefit of my beloved wife, Hester Martin, and if she should need additional funds for her support, then and in that case, certain portion of my real estate be sold, after legally advertising to the highest bidder, by receiving one third cash the balance in two equal annual payments, with interest on the deferred payments and secured by mortgage, and should it be necessary to sell the real for the above purpose, or any other, then and in that case I authorize any executor to sell my real estate at Deavertown, and if more should still be needed for that purpose, or any other, then I direct the part of my real estate known as the Franklin Property, be next disposed of in the same way, their if this should still be insufficient, the the euctin balance to be disposed of in the same way, and for the same purpose. And I know desire that my beloved wife make her home with her sister, Elizabeth Thomas, in cash for the purpose of paying for my beloved wife, boarding, and clothing and medical bills and but not for waiting on her as I design the use of the above mentioned house and lot as a compensation for that purpose, and this is to be the arrangement, so long as the two sisters may feel agreed thereunto, and when she, my wife, chooses to remove for her comfort to some other locality, then this to be done at the expense of my estate. And now in conclusion I will, that at the death of my beloved wife, all my estate, or balance unexpended be equally divided among my sons, and daughters, or their heirs, share and share alike, after having been disposed of as above stated. N. B. of my daughter Sarah Williams would prefer having her portion that may be due to her set off in real estate, then , and in that case, I appoint Benny Kelly, Wm. D. Laird, and James Ardrey to be called on, and after having been sworn proceed to make an estimate of said balance due her, and make a set off in lands to said Sarah Williams, immediately adjoining the lot that she now owns, and occupies, and then that the same course be perused, with reference to my daughter Eliza Dollings, in order that each of them have their portions adjoining to their present residence if they or either of them should desire but not otherwise, and further I declare that all monies on hand, or may come into the hands of my executor from time to time by properly used as herein set forth, and should any remain uncalled for, over the sum of one hundred dollars, then and in that case, the same to be kept on interest, and the payment thereof be well secured. And finally, it is my desire that my son John C. Martin, act as my Executor, and to be that in be faithfully and impartially acted out and carried through, according to the time interct and meaning thereof after having given bond, and security, to the acceptance of the court. And also I appoint my son George W. Martin, to act as Guardian for his mother, my beloved wife, to se that she be comfortably cared and provided for, and to receive money from time to time, from Executor fro that purpose, after having given bond an security to acceptances of the court. And now in conclusion this my last will and testament, and having been very desirous of making ample arrangements for the continued support of my beloved wife, and in view of the fact that she is competent to make her election in the premises, I earnestly, desire that the Honorable Court, would make said election for her and see that the above arrangement be fully carried into effect. And in testimony of the above, I the aforesaid George Martin do hereunto set my hand and seal this tenth day of June A. D. 1862. George Martin Signed, sealed and acknowledged in presence of us Henry Kelley, Samuel Lyle State of Ohio, Perry County Probate Court July 25, 1862 We, Henry Kelly, and Samuel Lyle being duly sworn in open court this 25th day of July 1862 depose and say that we were present at the execution of the last will and testament of George Martin deceased; hereunto annexed, that we saw said testator, subscribe said will, and heard him publish and declare the same to be his last will and testament, and that the said testator at the time of executing the same, was of full age and of sound mind and memory and not under any restraint, and that the signed the same as witnesses at his request and in his presence, and in the presence of each other sworn and subscribed in open court the day and was first above written before me: Signed: Henry Kelly and Samuel Lyle. R. F. Hickman Probate Judge File at: http://files.usgwarchives.net/oh/perry/wills/martin72wl.txt This file has been created by a form at http://www.poppet.org/ohfiles/ File size: 9.0 Kb