FHL Film #0890355 - Tuscarawas Co., OH Court Records – Vol. 6, pp.53-54
Will of JOHN BELCH
Dtd 4 May 1871 - Pro 24 May 1873
I John Belch of the County of Tuscarawas and State of
Ohio, do make and publish this my last will and Testament.
First: It is my will that all my just debts, Funeral
Expenses and legal liabilities, be paid out of my Estate.
Second: I give and bequeath to my wife Sarah Belch,
in addition to such Items as are allowed to widows by law: (to be
sett off by Appraisers, including one years support, and one
hundred dollars worth of Personal property, to be selected By my
sd wife and appraised by the appraisers of my estate:)
a further sum of the interest of one third of All that may Remain
of the Proceeds of my Real & personal Estate, after paying
legal liabilities, the use or Interest of which said third part,
I direct my Trustee hereinafter named, to pay to my sd wife,
yearly, during her life, and at her Death, I direct sd
one third part to be paid to my heirs & legatee, hereinafter
named, in Equal proportions, as the other Two thirds are
apportioned.
Third: I give and bequeath to my son Harman Belch
one ninth part of the proceeds of my estate, after paying legal
liabilities, as aforesaid. To the legal heirs of my Daughter Mary
Oliver one Ninth part. To Joseph Belch one Ninth
part. To the children of my daughter Nancy Glass, one
Ninth part; To the children of my daughter Susanna Conwell
one Ninth part; To the children of my daughter Rachel Leget
one Ninth part.
To the children of my daughter Elisabeth Herron one Ninth
part, –
To the children of my daughter Isabel Rigel one Ninth
part, and
to my Step-son David Ervin,
In the event that he shall Faithfully Execute this my last will,
without any further Charge or fees, one Ninth part, & should
the Sd David Ervan, after he may have proceeded
to the Settlement of my Sd Estate and before the same
may be finally closed be called off by death, any or all unpaid
part of Sd one Ninth part, I hereby bequeath to his
legal heirs.
I hereby Nominate David Ervan, above named Executor of
this my last will and testament, hereby authorising him to
Compromise, adjust & settle all Claims due me, And to sell
either at Public or private Sale, all my Real Estate, lying in
the Township of Warren, County of Tuscarawas & State of Ohio;
and Particularly described in Deeds which I hold for said Real
Estate, and Deeds to make to purchasers for the same. I further
direct my said Executor to pay over Legacies, Share & Share
alike, to my Grandchildren above refered to, giving to each their
distributive Share of all Dividends, And keeping all the said
legatees as nearly equal in their distributive Shares as may
conveniently be done, Still Reserving the one third part to be
left at Interest for the use of my said wife Sara Belch;
And if allowable, I hereby appoint the Sd David
Ervan Trustee of Sd one third part. I do hereby
Revoke all former wills by me made.
In testimony whereof I have hereunto Set my hand and Seal this 4th
day of May A.D. 1871.
John [his X mark] Belch
{Seal}
Signed & acknowledged by said John Belch as his last will
and testament, in our presence & signed by us in his presence
and at his Request.
Lonard Ray
I. S. Lappin
The State of Ohio SS
Tuscarawas County }
We, Lenord Ray and Isreal S. Lappin being duly sworn in
open Court this 24 day of May A.D. 1873, depose and say,
that we were present at the execution of the last will and
testament of John Belch 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
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 we signed the same as witnesses at his request, and in his
presence, and in the presence of each other,
[signed] Lonard Ray
[signed] I.S.
Lappin
Sworn to and subscribed before me, the day and year aforesaid,
[signed] W.B. Brown, Probate Judge
Be it remembered that in the Probate Court of the County of Tuscarawas, and State of Ohio on the 24th day of May in the year of our Lord, One thousand eight Hundred and seventy three, at the town of New Philadelphia in 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 } The last will and testament of John Belch
deceased late of the
John Belch } County of Tuscarawas and State of Ohio, was this day
produced in
} Court, and thereupon came Leonard Ray and Israel S. Lappin,
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 it appearing to the
Court by 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 by the Court that said Will be
and the same is hereby admitted to Probate and together with the
testimony ordered to be recorded. And thereupon came David
Ervin the Executor of said will named and in open Court
signified his acceptance of the trust of executing the same. It
is therefore further ordered by the Court that letters
testamentary be issued to him upon his giving bond in the sum of
$19,000.00 Dollars conditioned according to law with James
Gracy, George Bradshaw and William Crooks as his Sureties,
and all of which has been accordingly so done.
A Record Attest [signed] W.B. Brown,
Probate Judge
[N.B. Typed as written; Bold & Italics
added for visual clarity.]
Transcribed by June E. Herron - April 2001 apachejune@hotmail.com