FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 5, pp.206-207

Will of MARK HERIN, Sr.
Dtd 20 Apr 1850 - Pro 9 Jan 1868

In the name of God I Mark Herin Sen of Tuscarawas County and State of Ohio do make this my last will and testament hereby Revoking and anuling all other wills by me made and confirming this to be my will And testament.
1. it is my will that my beloved wife Rachel Herin have all my property real and personal during her natural life, only What will pay my Funeral expenses and Just Debts.
2. It is my will that my six sons Nimrod Herin, Reason Herin, Lemuel Herin, Richard Herin, Alhanen Herin & Mark Herin Jr.
3. it is my will that the above six sons at The death of my beloved wife have the premises all which I now own [lands] to be Equally divided among them, by there paying my two Daughters Mary Ann Walker & Mahala Bovard. One Hundred Dollars each, making two Hundred Dollars.
4. it is my will also that the above named six sons have all the personal property and farming utentials that may remain.
5. It is my will that William Herin & John Herin my sons shall be payed at the death of my wife, by the above named six sons one Dollar each making it all two Dollars.
6. and lastly it is my will that Alhanen and Mark Herin Jr. be the executors of this my Last will and testament, and further that Reason, Lemuel, & Richard Herin be the appraisers of my property..
In testimony whereof I Mark Herin Senior Have hereunto set my hand and signature

In presence of these witnesses This 20th day of April AD 1850.
Mark [his X mark] Herin Sn. {Seal}

Attests
Abr. Lemasters
John H. Lemasters Jr. {U S Int Rev Stamp}
{ $2.00 }

The State of Ohio }ss I, John N. Lemasters being duly affirmed in open Court this 9th
Tuscarawas County } day of January AD 1868 depose and say that I and Abraham
Lemasters were present at the execution of the last will and testament of Mark Herin Sr. deceased hereunto sworn; and that I 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 I and Abraham Lemasters signed the same as witnesses at his request, and in his presence, and in the presence of each other,
[signed] John N. Lemasters

Affirmed to and subscribed before me, the day and year aforesaid,
[signed] A.W. Patrick, Probate Judge

The State of Ohio }ss I, John U. Lemasters being duly sworn in open Court say that I am a
Tuscarawas County} resident of New Rumley in the County of Harrison and State of Ohio. – That in the year 1859 I was a resident of Tuscarawas County in the State of Ohio and moved from said County to my present place of residence in the year 1862. – That I am the son of Abraham Lemasters who departed this life on the 12th day of February 1865 at his residence in Union Township in Tuscarawas County and this state, that I am and for twenty five years have been well acquainted with his signature and hand writing having frequently seen him write and also having frequently received letters from him acknowledged by him to be genuine. That the signature, Abr Lemasters signed at the end of the writing hereunto attached and purporting to be the last will and testament of Mark Herron now deceased as a witness thereto is in the handwriting of my said father Abraham Lemasters that my said Father Abraham Lemasters usually signed himself under the name and style of Abr Lemasters and that said signature is the true and genuine signature of said Abraham Lemasters deceased. – That my said Father Abraham Lemasters in 1859 lived not to exceed two miles from the residence of Mark Herron deceased in said county of Tuscarawas, Ohio. [signed] John U. Lemasters

Affirmed to and subscribed by said John U. Lemasters before me the 9th day of Jan. 1868.
[signed] A.W. Patrick, Probate Judge.

Be it remembered, That in the Probate Court of the County of Tuscarawas and State of Ohio, on Thursday the ninth day of January in the year of our Lord, One Thousand Eight Hundred and Sixty eight, at the town of New Philadelphia, within said County, before A.W. Patrick, Judge of said Court, among the proceedings then and there had were the following, viz:

In the matter of } The last will and testament of Mark Herin Sr deceased, late of the
the will of Mark } County of Tuscarawas and State of Ohio, was this day produced in
Herin Sr. } Court, and thereupon came John N. Lemasters, one of the subscribing
witnesses to said will, and in open Court, on oath testified to the due execution and attestation of said will and to the death of Abraham Lemasters, the other subscribing witness to said will and to the genuineness of his signature as such witness hereto which testimony was reduced to writing and by said John U. Lemasters subscribed and filed with said will, and it appearing by said testimony that said Abraham Lemasters is dead. – That he in his lifetime signed said will as a witness thereto, that said will was duly executed, 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 that with the testimony ordered to be recorded.
A Record Attest: [signed] A.W. Patrick, Probate Judge

[N.B. Typed as written including John Lemasters’ middle initial as it appears to be each incidence; Bold & Italics for visual clarity.]
Transcribed by June E. Herron - April 2001. apachejune@hotmail.com