FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 6, pp.437-439
Will of JACOB N. RIGGLE
Dtd 5 Mar 1879 - Pro 3 May 1879
In the name of the Benevolent Father of All
I Jacob N. Riggle, of Warren Township
Tuscarawas County Ohio Do make and publish this my last will and
Testament.
Item 1st I give and
devise to my beloved wife so long as she remains my widow
in lieu of her Dower, the farm on which we now reside situated in
Warren Township Tuscarawas County and State of Ohio containing
about 29 acres, during her natural life; and all the Stock,
household goods, furniture, provisions and other goods and
chattels which may be thereon and belonging too me att
the time of my decease, during her natural life as aforesaid;
(excepting one Gray Mare which I give and bequeath to my son
Jacob L. Riggle So long as he Shall give her good care,)
giving my wife the right however too Sell and convey a
portion of said real estate Should the Same become absolutely
necessary for the purpose of paying my just debts.
At the Death of my said wife, I give and devise too
my daughter Catharine A. Riggle and her heirs: the full
payment of a note given by me to her calling for One hundred
Dollars with Eight per cent interest from date of the Same; and
to my Son Robert Riggle the payment of One hundred and
Fifty Dollars.
Item 2d After the Death
of my Said wife, and the payment of the above named Debts, I give
and devise to my daughter Mary A. Cook the Sum of Forty
dollars (40.00) and to my Son William Riggle, the Sum of
Forty Dollars (40.00) and to my Son Henry Riggle, the Sum
of Forty Dollars 40.00), and to my Son Robert Riggle the
Sum of Forty Dollars (40.00), and to Leander Newlen Forty
Dollars (40.00) provided he Shall remain in my family as he now
is during the lifetime of my wife: (unless my wife Should consent
too his leaving during her lifetime.)
Item 3d I give and devise
all the residue of my Estate equally among my Son and daughters
namely Jacob L. Riggle, Catharine A. Riggle, Margaret E.
Riggle and Susan J. Riggle; and in case of death of either of
the above named before the division above named: then to be
divided equally among those of the above named four who shall be
living.
Item 4th I do hereby
nominate and appoint John D. Gracey Executor of this my
last will and testament, hereby authorizing and empowering him to
compromise, adjust, release and discharge in Such manner as he
may deem proper, the Debts and claims due me. I do also authorize
and empower him, if it shall become necessary in order to pay my
debts, to sell by private Sale or in Such manner, upon Such Terms
of credit or otherwise, as he may think proper, any part of my
real estate and deeds to purchasers, to execute, acknowledge and
deliver in Fee Simple .
I desire that no appraisement and no Sale of my
personal property be made and That the Court of Probate direct
the ommission of the same in pursuance of the Statute.
In testimony hereof, I have hereunto Set my hand
and Seal this 5th day of March in the
year AD 1879.
Jacob N. [his X mark] Riggle {seal}
Signed and acknowledged by Said Jacob N. Riggle as his last will and Testament in our presence and Signed by us in his presence.
John D. Gracy
Geo. P. Craig
State of Ohio }ss
Tuscarawas County } We John D. Gracy and George
P. Craig being duly sworn in open Court this 3d
day of May AD 1879, depose and say that we were present at
the Execution of the last Will and Testament of Jacob N.
Riggle hereunto annexed, and that we saw the said Testator
subscribe said Will and heard him publish and declare the same to
be his last Will and testament and that the 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 we Signed the Same
as witnesses at his request and in his presence and in the
presence of each other. John D. Gracy
Geo. P. Craig
Sworn to and Subscribed before me the day and
year aforesaid.
A.N. Brown Probate Judge
Be it remembered that heretofore to wit On the 18th day of April in the year of our Lord One thousand Eight hundred and Seventy nine In the Probate Court within and for the County of Tuscarawas and State of Ohio in the Town of New Philadelphia before A.N. Brown Judge of said Court: In the Records and proceedings then and there had and held among other matters were the following
In the Matter of } A paper writing purporting
to be the last will and Testament of
the Will of } Jacob N. Riggle deceased having been
brought into Court, It is
Jacob N. Riggle } ordered that notice be given to
the widow and next of kin of said
deceased resident of the State of Ohio that said
paper writing will be offered for Probate on the [blank]
day of April AD 1879 at 10 oclock AM of said day as the last will
and Testament of Jacob N. Riggle deceased.
And afterwards to wit: On the 3rd day of May in the Year of our Lord Eighteen Hundred and Seventy nine, In the Record and proceedings then and there had and held among other Matters were the following:
In the Matter of } Notice to the widow and next
of kin of said Testator resident of the
the Will of } State of Ohio having been given as
required by the Statute:
Jacob N. Riggle } Therefore the Last Will and
Testament of Jacob N. Riggle
deceased, late of the County of Tuscarawas and
State of Ohio was this day offered for Probate and thereupon came
John D. Gracy and George P. Craig the subscribing
Witnesses to said Will and in open Court on oath, Testified to
the due execution and attestation of said Will which Testimony
was reduced to writing and by them respectively Subscribed and
filed with said will, and the Court being satisfied from said
Testimony that said Will was duly executed and attested 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. It
is ordered that said Will be and the same is hereby admitted to
Probate and together with the Testimony ordered to be recorded
and thereupon came Temperance Riggle widow of the said
Jacob N. Riggle deceased and in open Court after being fully
advised of her rights as such widow at Law made known her choice
and Election to take and accept the provision of said will as
made on her behalf, and asks the Court that the Same be Entered
of Record which has been accordingly so done.
A.N. Brown Probate Judge
A Record Attest: A.N. Brown Probate Judge
[Typed as written. Bold & Italics added for
visual clarity.]
Transcribed by June E. Herron - April 2001 apachejune@hotmail.com