FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 6, pp.324-325

Will of SUSAN SPARKS Deceased
Dtd 3 June 1876 - Pro 14 Aug 1877

I Susan Sparks of the County of Tuscarawas and State of Ohio do Make and Publish this My Last Will and testiment in manner and form following Viz.
Item 1 It is my will that all my just debts And legal liabilities including funeral Expenses be paid out of my personal property.
Item 2 I gave and bequeath to George H. Deare one hundred Dollars.
Item 3 I gave and bequeath to Josiah Sparks two hundred Dollars my nephew.
Item 4 I give and bequeath to Abraham Long One hundred and fifty Dollars.
Item 5 I gave and bequeath to Robert Sparks Senior In lue of tending me in a Spell of Sickness in AD 1846 Three hundred Dollars.
Item 6 I gave and bequeath to Mary Ann Cook Catharine Manda Riggle Susan June Riggle Margaret Elisabeth Riggle All my beds And bedings.
I authoris My Executor to put up tomb Stones to the grave of Catharine Sparks.
Item 7 I give and bequeath they balance of All my Estate both Real and personal and Prosedes there from to John Sparks Robert Sparks and Temperance Riggle In Equal portions.
Item 8 I do hereby Nominate and appoint John D. Gracy Executor of this my last Will and Testiment.
I do hereby Revoke all former wills by me Made in Testimony whereof I have hereunto Set My hand and Seal this 3 day of June AD 1876.

Susan [her X mark] Sparks

They fourgoing Sind and I Acknowledged by the Said Susan Sparks as her last Will and Testiment and in our presents and Signed by us in her presents.

[signed] John D. Gracy
[signed] Ezra Albaugh

State of Ohio }SS
Tuscarawas County } We John D. Gracy and Ezra Albaugh being duly Sworn in open Court this 4th day of August AD 1877 depose and Say that we were present at the Execution of the last Will and Testament of Susan Sparks hereunto annexed and that we Saw the Said testatrix Subscribe Said Will and heard her publish and declare the Same to be her last Will and testament and that the Said Testatrix 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 her request and in her presence and in the [presence] of each Other.

[signed] John D. Gracy
[signed] Ezra Albaugh

Sworn to and Subscribed before me the day and year aforesaid.

[signed] G.A. Lahmer Probate Judge

Be it remembered that heretofore to wit in the Probate Court of the County of Tuscarawas and State of Ohio on the 14th day of August in the year of our Lord one thousand Eight hundred and Seventy Seven before GA Lahmer Judge of Said Court amonng the Proceedings then and there had were the following. to wit:

In the Matter of}
the Will of }
Susan Sparks } The Last will and Testament of Susan Sparks deceased Late of the County of Tuscarawas and State of Ohio was this day produced in Court and thereupon came John D. Gracy and Ezra Albaugh 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 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 John D. Gracy 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 $3000– Conditioned according to Law with good and Sufficient freehold Security to the acceptance of the Court and all of which has been accordingly so done the Court appoint W.R. Kennedy David Ervin and Samuel R. Ryan appraisers of the personal Estate of Said Testator.

A Record Attest [signed] GA Lahmer Probate Judge
[N.B.: Date is "4" August in Testimony; last record says "14th".]

[Typed as written; added Underlines; Bold & Italics for visual clarity.]

Transcribed by June E. Herron - April 2001 apachejune@hotmail.com