FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 5, pp.44-45

Will of ABRAHAM LEMASTERS
Dtd 4 Feb 1865 - Pro 23 Feb 1865

In the name of the lord of Host I Abraham Lemasters of Tuscarawas County and State of Ohio do hereby make my last will and testimony revoking and annulling all former wills by me made and first it is my will that all my Just debts and funeral expences be paid and Second that my beloved wife Nancy Lemasters have one hundred and one acres of land off the South Side of Section thirty five in Township fourteen Range seven in Tuscarawas County Ohio during her natural life and at her death my fourth daughter July Ann Lemasters and Charles C. Lemasters my sixth Son fall equal heirs to the above described lot of land which shall be their full share of my estate and further it is my will that Nancy Lemasters my wife have my two horses and all my Cows and all my Hogs for her own use and behoof and further it is my will that my first son John N. Lemasters have fifty acres of land remaining where I now live to lay along side & joining the land willed to my wife and further it is my will that my Second Son Isaac W. Lemasters have the Remaining fifty acres and a half and further it is my will that Rachel A. Herron and Lemuel Herron her husband have all that tract of lands bought of John Herron and further it is my will that John N. Lemasters my first son and Isaac W. Lemasters my second son and Lemuel Herron my son in law pay the indebtedness of one thousand dollars on the last described lot of lands and further that John N. Lemasters my son pay three hundred and thirty three and a third dollars and further that Isaac W. Lemasters my son pay three hundred and thirty three and a third dollars and further that Lemuel Herron my son in law pay three hundred and thirty three and a third dollars and further that my wife Nancy Lemasters have Sixteen Head of my sheep and that the balance of my sheep be equally divided between Isaac W. Lemasters my son and Lemuel Herron my son in law and further it is my will that Eliza J. Legget my first daughter and Elijah Legget her husband have four Hundred dollars and Lemuel Herron my son in law pay them the above amount And further it is my will that Nancy E. Roby my third daughter and Samuel A. Roby her husband have four hundred dollars and that Isaac W. Lemasters my son pay them the above amount, and further it is my will that Thomas F. and William A. Lemasters heirs of my third son William A. Lemasters deceased have one hundred dollars apeice to be paid by my first son John N. Lemasters to be paid when they are Eighteen years of age and further it is my will that Nancy Lemasters my wife and John N. Lemasters my son are appointed as executor of my estate by me.

Signed and sealed this 4^th day of Febuary 1865 in the presence of the undersigned witnesses.
[signed] William Herron [signed] Abraham Lemasters {seal}
[signed] Jane Heron

State of Ohio } ss
Tuscarawas County } We William Herron and Jane Herron being duly sworn in
open Court this 23 day of February AD 1865, depose and say, that we were present at the execution of the last will and testament of Abraham Lemasters 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.
{Int Rev $2.50} [signed] William Heron
[signed] Jane Heron

Sworn to and subscribed before me the day and year aforesaid.
[signed] O.P. Taylor Probate Judge

Be it remembered that in the Probate Court of the County of Tuscarawas and State of Ohio, on Thursday the 23^rd day of February in the year of our Lord one thousand eight hundred and sixty five, at the town of New Philadelphia in said County before Oliver P. Taylor Judge of said Court, among the records of proceeding then and there had appear the following, viz,

In the Matter of }
the will of }
Abraham Lemasters } The last will and testament of Abraham Lemasters,
deceased, late of the County of Tuscarawas and State of Ohio, was this day produced in open Court, and thereupon came William Herron and Jane Herron the subscribing witnesses to said will, and in open Court upon oath testified touching the due execution and attestation of said will, which testimony was reduced to writing and by the said William Herron and Jane Herron 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 said will was of full age and of sound mind and memory and not under any restraint, It is therefore 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 Nancy Lemasters and John N. Lemasters, the executors in said will named in open Court and signified their acceptance of the trust of executing said will; It is therefore further ordered by the Court, that letters testamentary be accordingly granted and issued to the said Nancy Lemasters and John N. Lemasters upon their giving bond in the sum of $1200.00 conditioned according to law. Lemuel Herron, Isaac W. Lemasters, Samuel A. Roby, William Herron and Julia Ann Lemasters are by the Court approved as sureties. And the Court appoint William Brock, John Wagoner and Marcus A. Carroll appraisers of the personal property belonging to said testator.

And thereupon came Nancy Lemasters, widow of said Abraham Lemasters, deceased, in open Court, and after being fully advised of her rights made known her choice and election to accept and take the provisions of said will in her behalf made in preference to her rights as such widow at law and requested that her said election be entered of record which is accordingly so done.
A Record ---- Attest. [signed] O.P. Taylor Probate Judge

[N.B. Typed as written; Bold & Italics for visual clarity.]
Transcribed by June E. Herron - April 2001. apachejune@hotmail.com