FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 5, pp.365-367
Will of THOMAS G. CONWELL
Dtd 13 July 1869 - Pro 3 Jan 1870
I, Thomas G. Conwell of Cannon City of County of Rice & State of Minnesota, being of the age of thirty five years, & of sound mind & memory, do make, ordain, publish & declare this to be my last will & testament; that it is to say after all my lawful debts are paid & discharged, the residue of my estate, real & personal, I give bequeath & dispose of as follows: to wit, To my wife Sally A. Conwell, the crops now growing on my farm in said county, being the farm owned & occupied by me & my family & the sum of three hundred dollars in money to be paid to her as soon as may conveniently be after my death,
And all the rest residue & remainder of my real & personal estate, of which I may die seized or possessed I give & devise to Lewis A. Conwell & Amos Parsons both of Urichsville Ohio, to have & to hold the same to themselves, their heirs & assigns forever, upon the uses & trusts following viz; in trust to pay all my debts & funeral expenses – secondly, to pay to my wife Sally A. Conwell, upon her sole & separate receipt, the interest, income & revenue of all my said estate so long as she may remain my widow during the term of my natural life; thirdly, upon the death of my said wife, Sally A. Conwell, or, upon her ceasing to remain a widow, to pay over the same to my child or children of my said wife, born after my decease, or after the execution of this will, upon such child or children coming of age, & in the mean time to be held & invested for their use, while they may be minors; fourthly – in case no child or children shall be so born, then in that case, after the death or remarriage of my said wife, to pay the same over to the children of my brother Lewis A. Conwell & of my sister Margaret Ann Parsons of Urichsville Ohio, & of my sister Mary Jane Carrothers of Guernsey County Ohio, each family of children, whether constituted of one child or more than one child at the time the same shall become payable to have an equal share of said property.
I hereby give to my said trustees full power & authority to sell any or all of my real estate at private or public sale & invest the proceeds or to lease the same in any manner as they may deem best to carry out the purposes of this trust — and I hereby nominate, constitute & appoint my said trustees Lewis A. Conwell & Amos Parsons, executors of this my last will & testament. In witness whereof I have hereunto subscribed my name & affixed my seal this 13th day of July AD 1869.
[signed] Thomas G. Conwell [seal]
The above written instrument was subscribed by the said Thomas G. Conwell in our presence and acknowledged by him to each of us, & he at the same time published and declared the above instrument so subscribed by him to be his last will & testament, & we at the testators request & in his presence & in the presence of each other have signed our names as witnesses thereto & written opposite our names our respective places of residence.
[signed] John N. Rock residing at
Cannon City Minn.
[signed] John Bailor "
" " " "
[signed] Amos C. Rock
" " " " "
In Probate Court Rice County }ss
State of Minnesota } At a Probate Court, held in and for
the County of Rice at the
Probate Office, in the town of Fairbault on the third
day of January AD1870.
Present Jno C. Morrow, Judge of Probate,
In the matter of the last will and testament of Thomas G. Conwell deceased, Pursuant to the order of this Court, made in said matter on the second day of December AD 1869, the application of Sally A. Conwell praying that the last will and testament of Thomas G. Conwell late of Cannon City in the County of Rice, may be proved and admitted to Probate, came on this day to be heard. Satisfactory proof of the due publication of the notice required by said order to be given to all persons interested, of the time and place of hearing the said application was made and filed; John Bailor one of the subscribing witness to said last will and testament appeared and being duly sworn testified that the annexed instrument on the day of the date thereof to wit: on the 13th day of July AD 1869 at Cannon City was signed and sealed by the said Thos G Conwell that the said Conwell then and there published and declared the said instrument to be his last will and testament, in the presence of the said John Bailor and of John N & Ama C Rock the other subscribing witnesses; that the said subscribing witnesses did then and there in the presence of the said Conwell severally subscribe said instrument as attesting witnesses thereto; and that at the time of the execution and publication of the said will said Conwell was of sound and disposing mind and memory, of full age to execute a will, and was not under any restraint, to the knowledge, information or belief of the said witnesses. And upon said proof it appearing satisfactory to this Court, that the said last will and testament was duly executed according to law, that the same is genuine and valid, and that the said testator at the time of executing the same, was in all respects competent to dispose of his estate; It is therefore ordered, that the said last will and testament, and the proofs and examinations taken in respect to the same be recorded; that the said last will and testament be admitted to Probate, and that the same be and hereby is established as a valid will. In testimony whereof we have caused the seal of our Probate Court, for the County of Rice and State of Minnesota, to be hereunto affixed. Witness Jno C. Morrow Judge of the Probate Court of Said County, this 3rd day of January AD 1870.
{SS} [signed] Jno C. Morrow
Judge of Probate
{U S Rev Stp }
{ 2 Dollars } ["Canceled"
written on US Rev Stamp]
State of Minnesota } ss
County of Rice } I Jno C Morrow, Judge of the Probate
Court in and for said County & State, do hereby certify that
the foregoing copy of the last will & testament of Thomas G
Conwell deceased, & of the certificate of Probate thereof are
correct transcripts of said originals as the same remains at
files & records in the office of the Judge of Probate.
In witness whereof I have hereunto set my hand & affixed my official seal this 16th day of July AD 1870.
[signed] Jno C. Morrow
{seal} Judge of Probate Court
R.C.M.
Be it remembered that in the Probate Court of the County of Tuscarawas and State of Ohio on Tuesday the 2nd day of August in the year of our Lord One Thousand Eight Hundred and Seventy, at the town of New Philadelphia within said County, before W.B. Brown Judge of said Court, among the proceedings then and there had were the following viz:
In the matter of }
the Will of }
Thomas G Conwell } An authenticated copy of the last will and testament of Thomas G. Conwell late of the County of Rice in the State of Minnesota, was this day produced in Court, and it appearing to the satisfaction of the Court, that said will was duly executed and proved in said County of Rice according to the laws of said State of Minnesota, and that said will relates to property situated in the County of Tuscarawas and State of Ohio. It is therefore ordered by the Court that said authenticated copy of said will be and the same is hereby admitted to record in the Record of Wills in this County.
A Record Attest. W. B. Brown Probate Judge
[N.B. Typed as written incl. "Ama" C.
Rock; Bold & Italics for visual clarity.]
[Note: Thomas b. ca1834, d. bef 2 Dec
1869, MN; will filed 2 Aug 1870, OH; owned land in MN & OH]
Transcribed by June E. Herron - April 2001 apachejune@hotmail.com