FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 5, pp.48-50
Will of PHILEMON RICKETTS
Dtd 6 Nov 1863 - Pro 1 May 1865
I Philemon Ricketts 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 my Just debts and funeral
expences be paid out of the Proceeds of my chattle
property. (I direct that my Burial be in a plain Christian Style
with Tombstone of Moderate Cost suited to my ability &
the custom of the neighborhood.)
2nd Should my wife Mary Ricketts
survive me, I give and bequeath to the said Mary Ricketts the ocupancy
Controll, and entire income of the lots of land
hereinafter described Situate in the County of Tuscarawas &
State of Ohio viz: The west half of the NorthEast quarter of
Section Two, Township Eight Range one, containing [insert>]
Eighty acres more or less, Also the SouthEast 1/4th of the North
West quarter of Section two township eight range one containing
[<end insert] Forty Acres More or less; all in the Zanesville
Land District being unappropriated Lands in the Military district
together with all & singular the Household and Kitchen furnature
& all chattel Property of every kind that may remain after
paying my Just debts and funeral expences as aforesaid,
For and during her natural life, and at the death of my said wife
I direct that out of the proceeds of my Estate, that all her Just
debts & funeral expences be paid by my Executor
hereinafter named; (I direct that the burial of my said wife be
simelar in all respects with my own.)
3rd After the death of myself &
wife, above named, I direct my said Executor to sell all singular
the above described Tracts or Lots of land, Either at Public or
private Sale as he may consider most advantageous to my heirs
hereinafter named; And deeds to make to purchasers for the same,
and also should there be a remnant of the Chattel property above Named
I direct the same to be sold, either at public or private Sale as
my said Executor may deem proper.
I also direct my Sd Executor (should my sd
wife survive me) to take charge of all debts & claims due me
& should my said wife not need any further support than what
is provided above, to keep the sum at interest for the benefit of
my heires hereinafter named, but if in the event that my sd
wife should need any further support than above provided, I
direct my said Executor to pay over to her the amount deemed Necessary
for her support.
4th I give and bequeath to my children
and grand Children hereinafter named all and singular the
proceeds of my Real & personal Estate (after defraying all
legal & necessary liabilities, expences etc. herein
provided for) as follows viz;
To Luther B. Ricketts & Mary Jane intermarried with
Ephraim L. Sparks Jr. (children of my decd
son Samuel Ricketts) one hundred Dollars, to be
divided equally between them.
To Luther Ricketts & Mary Jane, intermarried with
[blank] Hughes (children of my Decd
son James Ricketts) one hundred dollars, to be divided
Equally between them.
To Zorobabel Ricketts, one hundred Dollars.
To Lucinda Henderson, one hundred Dollars.
To Mary Ann Holmes, one hundred Dollars.
To June Leonard, one hundred Dollars,
And to Sherrod Ricketts one hundred Dollars for the
purpose of Equalizing the above named children & grand
children with my Daughter Belinda Strawn to whom I have
heretofore advanced one hundred Dollars; And the remainder of my
said Estate I give and bequeath to the above named children &
grand children share and share alike giving however to my said
grand children above named each one half of the amt that will be
coming to my said children.
Lastly I hereby nominate & appoint Israel S.
Lappin Executor of this my last will and testament.
Hereby Authorising & empowering him to compromise
adjust releas and discharge in such legal manner as he
shall deem proper the debts and claims due me, Hereby Revoking
all former wills by me made.
In testimony whereof I have hereunto set my hand and seal this sixth
day of November AD1863.
[signed] Philemon Ricketts {seal}
Signed and acknowledged by said Philemon Ricketts as his last
will and testament in our presence and signed by us in his
presence.
[signed] William Sente
[signed] Irwin J. Stickle
State of Ohio } ss
Tuscarawas County } We William Sente and Irwin J. Stickle
being duly sworn in open Court this 1st
day of May AD 1865, depose and say that we were present at
the execution of the last will and testament of Philemon
Ricketts 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. Irwin J. Stickle
{Int Rev $1.50} William Sente
Sworn to and subscribed before me, the day and year aforesaid.
O.P. Taylor Probate Judge
Be it remembered that in the Probate Court of the County of
Tuscarawas and State of Ohio, on Monday the 1st day of
May 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
proceedings then and there had appear the following, viz:
In the matter of the will of Philemon Ricketts }
The last will and testament of Philemon Ricketts
deceased late of the County of Tuscarawas and State of Ohio was
this day produced in open Court, and thereupon came William
Sente and Irwin J. Stickle 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 Sente and Irwin J.
Stickle 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 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 Israel
S. Lappin, the executor in said will named and in open
Court signified his 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 Israel
S. Lappin upon his giving bonds in the sum of $5200.00
conditioned according to law. William R. Kennedy, James Gracy
and Samuel Tressel are by the Court approved as sureties.
And the Court appoint William Sente, George Wright and Joseph
A. Winspear appraisers of the personal property
belonging to said testator. And thereupon came Mary Ricketts
widow of the said Philemon Ricketts 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: O.P. Taylor Probate Judge
[N.B. Typed as written, except Paragraphs, Bold & Italics for visual clarity.]
Transcribed by June E. Herron - April 2001. apachejune@hotmail.com