FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 5, pp.402-404
Will of EPHRAIM L. SPARKS
Dtd 2 Apr 1858 - Pro 6 Apr 1871
I Ephraim L. Sparks of the County of Tuscarawas and
State of Ohio, being in a low state of health, but of sound mind
and memory, do make this my last will, viz;
I direct that all my my just debts be punctually
paid Together with all proper and reasonable Funeral
and other Necessary Expenditures in or about the
settlement of my estate.
I give and bequeath to my beloved wife Comfort Sparks
the occupancy, and Rent (hereinafter named) of my Farm
on which we now reside, during her lifetime, Together with
all and singular, such cooking utensils and other property
allowed by law to widows of deceased persons in a schedule to be
returned without being appraised. And further for the purpose of
carrying on the operations of Farming During the
lifetime of my said wife, I advise & direct That my
two horses, Brittain & Prince, one wagon and such
other Farming utentials as shall be thought
necessary, be set off and Appraised, by the appraisers of
the goods And Chattels of my Estate, also
three Milch cows & such number of hogs & other Stock
as may be thought necessary by sd appraiser, for the Support
& Comfort of my Family, To be used fed
and controled, for the joint benefit of my sd
family during the lifetime of my sd wife above named.
It is my wish that my two sons Joseph & Ephraim
remain with my sd Family & Carry on
the farm in good husbandman like order, For which purpose
as well as other consideration, I bequeath to my Son
Joseph Sparks his choice of my two Sorrel horses now on my
said Farm, I give and bequeath to my son Ephraim Sparks my
other sorrel horse, Allowing to Joseph his Saddle
& to Ephraim the other saddle owned by me.
And Whereas I have lately purchased Ten fine Ewes
from I.S. & F. Lappin on deferred payments, I bequeath
said Ten Ewes & their present increase to my
two Sons Joseph and Ephraim jointly on condition that they
pay for said Ewes, And further I bequeath to my Sons
Joseph & Ephraim above named, Each one good bead, beadstead
& Bedding. And to Martha Jane Sparks my Daughter,
one cow, one Bead Beddsted & bedding & one Extra
Feather bedd,
Whereas I am at this time guardian for Elizabeth & Thomas
W. McCreary, my grand children, who are destitute of
either Father or Mother, In order that said
grand Children be properly cared for I here express my
wish & desire that my Son in law Thomas
Williams be appointed guardian for said Children.
I further direct in regard to my Farm, that during the
lifetime of my Wife, Comfort Sparks, aforesaid, she shall
receive one third of All Crops of grain that may be
raised on said premises, to be delivered to her in the bushel on
said premises and stored away in good saving order, also one
third of all hay delivered to her in the Barn or Stack
as she may wish.
I hereby Authorize And Direct my Executor
hereinafter named to sell at Private or Public Sale
as he may think most advantageous for my heirs, at such time, and
on such payments as he may think most advantageous, the following
premises situate in the County of Allen And
State of Indiana, viz; The South East quarter of Section
Nineteen, Township Twenty-nine North of Range fifteen East, in
the Fortwayne Land District.
And further, I hereby authorize & empower my said Executor
or his successor, to Superintend, if necessary the renting
and Management of my home farm on which I now reside During
the lifetime of my said wife, And after her death to sell
the same either at Public or private sale, within a
reasonable time, and on such payment as he may deem most
advantageous for my heirs, together with such farming utensils
& other property as may remain unconsumed of those Items
left on the premises for the benefit of my family or for farming
operations as said in a former part of this will.
I direct that all my personal property not otherwise disposed of
by this will, be sold at Public vendue soon after my Decease,
according to law and the money applied for the benefit of my Estate.
I hereby bequeath to my Son Thomas Sparks
Eight hundred dollars. To my Daughter Mary Neal
Six hundred Dollars, to be paid to said Thomas & Mary out of
any of the proceeds of my home Farm..
I bequeath to my Remaining Children &
grand children, (after equalizing their Respective
legacies, by taking into the account any advances heretofore made
by me.) All and singular the remainder of my estate that may be
for distribution after all legal liabilities are paid, as follows
viz: To Randall Sparks one tenth part, To David
Sparks one tenth part, To Isaac Sparks one
tenth part, To Elizabeth Tressel one tenth part, To
Samuel Sparks one tenth part, To Clarissa Williams
one tenth part, To Joseph Sparks one tenth part, To
Martha Jane Sparks one tenth part, To Ephraim
Sparks one tenth part. And to my two grand children Elizabeth
McCreary & Thomas W. McCreary share & share alike one
tenth part.
I hereby Nominate and appoint David Sparks my
Executor of this my last will and Testament, hereby Authorizing
him to adjust release & discharge all debts and demands
whatsoever due & owing to me, And to convey according
to law all Lands by him sold in pursuance of the
provisions of this will, hereby revoking all former wills by me
made, April 2nd 1858.
Ephraim L. [his X mark]
Sparks {seal}
Signed by us in the presence of }
Ephraim L. Sparks, and at his Request. }
[signed] I.S. Lappin {Rev
Stamp}
[signed] Jacob I. Dilley { $4.00 }
State of Ohio } ss
Tuscarawas County } We I.S. Lappin and
Jacob I. Dilley being duly sworn in open Court,
this 6th day of April AD 1871,
depose and say that we were present at the execution of the last
will and testament of Ephraim L. Sparks (now deceased) 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] I.S. Lappin
[signed] Jacob I. Dilley
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 Thursday the 6th day April in the year of our Lord One Thousand Eight Hundred and Seventy one, at the town of New Philadelphia within 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 }
Ephraim L. Sparks } The last will and testament of Ephraim L.
Sparks deceased late of the
County of Tuscarawas and State of Ohio was this day produced in
Court and thereupon came I.S. Lappin and Jacob I. Dilley 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
Sparks 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 issued to him upon his giving bond in the sum of
Sixteen Thousand Dollars conditioned according to law with John
Suiter, Daniel Tressel, Adam Moughman, John Moughman and Samuel
Tressel, freeholders as sureties who are approved of
by the Court as such. The Court appoint Israel S. Lappin,
Jacob I. Dilley and Samuel Skeeles appraisers of the
personal estate of said testator.
A Record Attest. [signed] W.B. Brown Probate Judge
[N.B. Typed as written; Bold & Italics for visual clarity.]
Transcribed by June E. Herron - April 2001. apachejune@hotmail.com