VanWert County OhArchives Court.....BOYER, John September 5 1899
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File contributed for use in USGenWeb Archives by:
Sara Reed sara.reed@earthlink.net August 17, 2004, 12:44 pm

Source: Van Wert County Probate Court Will Book #7, Pp. 541-7
Written: September 5 1899
Recorded: May 11 1901

Be it Remembered that heretofore, to wit: on the 30th day of April, A.D. 
1901, the following proceedings were had in the Probate Court of Van 
Wert county, Ohio, before the Honorable A.L. SWEET, Probate Judge, to 
wit: 

Application to Probate Will
In the Probate Court, Van Wert County, Ohio,
John BOYER, deceased

Application to Probate Will.
To the Honorable the Judge of said Court: And now comes S.J. DIEHL, 
and produces for Admission to Probate in said Court the Last Will and 
Testament of John BOYER, late a resident of the Township of Willshire, in 
said County, who died on the 27th day of April, A.D. 1901.

Said Will was not deposited during the lifetime of the Testator, in the office 
of the Judge of the Probate Court of said County for safe keeping, as 
allowed by law.

Said Testator died leaving the following persons all of his next of kin 
resident in the State of Ohio. 

George BOYER          Son                     Ahanaka, O.
Nancy E. DIEHL         Daughter            Van Wert, O.
Emma CLOUSE          Grandchild          Van Wert, O.
Marie CLOUSE           Grandchild           Dull Station, O.
Orpha A. CLOUSE      Grandchild           Allen Co., O.
Silva FRY                     Grandchild           Lima, O.
O. FREY                       Grandchild           Lima, O.
Isa FREY                      Grandchild           Lima, O.
Claud FREY                  Grandchild           Lima, O.
Richard CROGHAN     Grandchild           Abanaka, O.
Charles CLOUSE           Grandchild           Ohio City, O.
John CLOUSE                Grandchild            Ohio City, O.

The State of Ohio, Van Wert County, S.S.
The above named S.J. DIEHL having first duly sworn, says the statements 
of the foregoing application are true as he verily believes.
Sworn to before me and in my presence this 30th day of April, A.D. 1901.
A.L. SWEET, Probate Judge

And afterwards, to wit: on the 30th day of April, A.D. 1901, the following 
proceedings were had, to wit:

In the Matter of the Will of John BOYER, Deceased, April 30th A.D. 1901
This day an instrument of writing purporting to be the last Will and 
Testament of John BOYER, late of Willshire Township, in said County, 
deceased, was produced in open Court for probate and it is now ordered 
that the said Will be filed in this court, and that due notice thereof and of 
the application to admit the same to probate and second be given to the 
Next of kin of the testator resident of the State of Ohio, 2 days prior thereto, 
that said application will be for hearing before the Court on the 4th day of 
May A.D. 1901, at 1 o’clock, P.M.
A.L. SWEET, Probate Judge.

And afterwards on the 30th day of April, 1901, the following Notice to Next 
of Kin was issued, 

Notice to Next of Kin
The State of Ohio
Van Wert County, S.S.
 
In the Matter of the last Will and Testament of John BOYER, deceased, to 
S.J. DIEHL, 
You are hereby commanded to notify George BOYER, Nancy J. DIEHL, 
Emma CLOUSE, Monroe CLOUSE, Orpha A. WRIGHT, Silva FREY, O. 
FREY, Isa FRY, Claud FRY, Richard CROGHAN, Charles CLOUSE, and 
John CLOUSE, giving at least ten days notice.

That on the 30th day of April, A.D. 1901, an instrument of writing, 
purporting to be the Last Will and Testament of John BOYER, late of 
Willshire Township, in said county, deceased, was produced in open 
Court and an application to admit the same to probate was on the same 
day made in said Court.

Said application will be for hearing before this Court on the 11th Day of 
May, A.D. 1901 at 1 o’clock, P.M.
Herein fail not, but of this writ and  service thereon make due return.

Witness my signature as Judge of the Pobate Court, the 30th day of April, 
A.D. 1901.
[Seal] A.L. SWEET, Probate Judge
We, the undersigned person within named, do hereby acknowledge 
service of the written notice, this  _____ day of ______, A.D. 1901
Richard CROGHAN
Emma CLOUSE
G.W. BOYER
Nancy J. DIEHL
G.M. CLOUSE
Charley CLOUSE
John O. CLOUSE

And afterward, to wit: on the 11th day of May, A.D. 1901, the findings and 
orders of this Court  relative to the last Will and Testament of John 
BOYER, deceased, were entered on the Journal in the words and figures 
following, to wit:

In the Matter of the Will of May 11th A.D. 1901, John BOYER, Deceased,
Be it Remembered, That, heretofore, to wit: on the 30th day of April, A.D. 
1901, an instrument of writing purporting to be the last Will and Testament 
of John BOYER, late of Willshire Township, in said County, deceased, 
was produced in open Court and offered for probate and was then filed.  
And it is now being shown to the satisfaction of the Court, that due notice 
of the filing of said Will and of the application to admit the same to probate 
and record in this Court, has been given to the next of kin of the testator, 
resident of the State of Ohio, pursuant to a former order of this Court; 
thereupon on this day came L.B. SHAFFER and Wm. BUECHNER, the 
subscribing witnesses to said Will; which testimony was reduced to 
writing, by them respectively subscribed, and filed with said Will.  
Whereupon the Court finds that the aforesaid instrument of writing is the 
last Will and Testament of said John BOYER, deceased, that the same 
was duly executed and attested; and that the said Testator at the time of 
making, signing, and sealing the same, was of full age, of sound mind 
and memory, and not under any restraint.  It is therefore, by the Court 
ordered, that the said will be admitted to probate, and that the same, 
together with the testimony of the witnesses above named, be entered of 
record in this Court.
Attest: A.L. SWEET, Probate Judge

And afterward, to wit: on the 11th day of May, 1901, the following 
Testimony was taken, to wit:
Testimony of Witnesses
In the Matter of the Will of John BOYER, Deceased
The State of Ohio, Van Wert County, S.S.
Personally appeared in open Court, L.E. SHAFFER and Wm. BUECHNER, 
who being first duly sworn to testify the truth, the whole truth, and nothing 
but the truth, in relation to the execution of the Last Will and Testament of 
John BOYER, deceased, depose and say: That they were present at the 
execution of the instrument of writing, now before them bearing date of 5th 
day of Sept. 1899, purporting to be the Last Will and Testament of John 
BOYER, deceased, that they respectively subscribed their names thereto 
as witnesses at the request of said Testator and in his presence; that they 
saw said Testator sign said instrument at the end thereof, and heard him 
acknowledge the same to be his Will, and that said John BOYER at the 
time of executing the same was of full age, and of sound mind and 
memory, and not under any restraint.
L.B. SHAFFER
Wm. BUECHNER
Sworn to before me and signed in my presence by said witnesses in 
open Court, this 11th day of May, 1901.
A.L. SWEET, Probate Judge

And afterward, to wit: on the 30th day of April, 1901, the following Will was 
admitted to Record, to wit:

Will of John BOYER
In the Name of the Benevolent Father of All, I John BOYER, of Willshire 
Township, County of Van Wert and State of Ohio, do make and publish 
this as my last Will and Testament.

Item 1st
I give and devise to my grandson, Richard S. CROGHAN, land described 
as follows: Commencing at a stake at the South west corner of the South 
east quarter of Section twenty-five in Township Three, South, Range One 
East, running twenty rods North to a stake; thence East eighty rods to a 
stake; thence South twenty rods to a stake; thence West eighty rods to the 
place of beginning.  Said lands to contain ten acres.  Also the following 
described lands; Commencing at the Northwest corner of the West half of 
the North-east quarter of Section thirty-six, in Township Three, South of 
One East, running east eighty rods to the North-east corner of West half of 
the above named quarter; Thence south fifty rods to a stake; thence West, 
eighty rods to a stake; thence fifty rods to the place of beginning., 
containing twenty-five acres.  Also ten acres out of the southwest corner of 
the above described eighty acres as follows; Commencing at the 
Southwest corner of the West half of the North east quarter of Section 
thirty-six, Township three, South, Range One East, Van Wert County, Ohio, 
running north forty rods; thence due east forty rods; thence due South 
forthy rods; thence West on the South line of said tract forty rods to the 
place of beginning, to contain ten acres, all of said lands being in 
Willshire Township, Van Wert County and State of Ohio.
Item 2nd
It is my desire that after Richard S. CROGHAN has received his lands as 
above described that the remainder of my estate be divided as follows: My 
son, George W. BOYER is to have one fifth interest, (there being five full 
heirs).
Item Third
My grand-children, Emeline, Monroe and Orpha shall have one equal fifth 
of my estate.
Item Fourth
It is my desire that my daughter, Nancy J. DIEHL, shall have an equal 
share, being on fifth of my estate.
Item Seven
It is my will and desire that my grandson, Richard CROGHAN shall have 
one equal one fifth of my estate, besides the above described lands.
Item Eight
My daughter, Mary, being dead, leaving four children as follows: Silva, 
Isadore, Ega and Claud.  So, it is my will and desire that they shall not 
receive any or no part of my estate.
Item Nine
I do hereby nominate George W. BOYER, executor of this my last will and 
testament hereby authorizing him to compromise, adjust, release, 
discharge, in such manner as he may deem proper, the debts and claims 
due me.  I do also authorize him, if it shall become necessary to pay debts 
to sell at private sale or in such manner upon such terms of credit or 
otherwise as he my deem best, all or part of my real estate and deeds to 
make and deliver in fee simple.  I do hereby revoke all other wills by me 
made.
In testimony hereof, I have hereunto set my hand and seal this 5th day of 
September, in the year, A.D. 1899.
John BOYER [Seal]
Signed and acknowledged by said John BOYER as his last will and 
testament, in our presence and signed by us in his presence.
L.B. SHAFFER
Wm. BUECHNER





Additional Comments:
John BOYER's date of death was 27 Apr 1901.

The text of the will skips from Item Fourth to Item Eight -- this is how it 
appears in the Will Book.

File at: http://files.usgwarchives.net/oh/vanwert/court/wl47boyer.txt

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