FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 5, pp.452-453
Will of PETER VOGEL
Dtd 12 Oct 1864 - Pro 19 Feb 1872
In the Name of the Benevolent Father of All
I Peter Vogel of Fairfield Township Tuscarawas County Ohio
do make and Publish this my last Will and Testament
Item 1st - I give and bequeath to my
beloved wife Anna Catharina Vogel the farm on which I now
reside Situated in Fairfield Township County and State aforsaid
described as follows being a part of Lot number Thirteen of
quarter three Township nine Range one being of the Connecticut
Western Reserve School lands Beginning at the South west corner
of Said lot thence north one and one fourth degrees north
twenty-four chains and fifty links to Stonefor Corner Thence
South Eighty nine degrees East Sixteen chains and thirty three
links to Post Thence South one and one fourth degrees West Twenty
four chains and fifty links to corner on the South boundary line
of Said lot. Thence Eighty nine degrees west Sixteen chains and
thirty-three links to the Place of beginning Containing Forty
acres, during her Natural life, and all the Stock, Household
goods Furniture Provisions and other goods and chattles
which may be thereon at the time of my decease during her natural
life as aforsaid (She however to Pay My Necessary funeral Expences
Doctors Bill and all other Expences of My last Sickness).
At the death of My Said wife the real Estate aforsaid I
give and devise to the heirs of My deceased son Nicholas Vogel
to wit Anna Catharine Vogel, Anna Maria Vogel, William
Frederick and an Infant daughter only Eight days Old.
Item 2 - I do herby Nominate and appoint Conrad
Rippel Executor of this My last will and Testament.
I desire that no appraisment and no Sale of My Personal
property, and that the Court of Probate direct the Ommission
of the Same in Pursuance of the Statute.
In testimony whereof I have hereunto Set my hand and Seal this 12th
day of October 1864.
Peter [his X mark] Vogel {seal}
Signed and Acknowledged by Said Peter Vogel }
as his last Will and Testament in our Presence }
and Signed by us in his presence and at his request. }
S. Hoover
P.H. Haag
The State of Ohio } Personally came before me W.B. Brown
Probate Judge of
Tuscarawas County } Said County and State on this 19th
day of February AD 1872
Oliver H. Hoover who being first duly affirmed on Oath Says that he is the Son of Solomon Hoover deceased who was the draftsman and one of the Subscribing witnesses to a paper hereto attached Purporting to be the will of Peter Vogel deceased, That the Said Solomon Hoover departed this life in March 1870, that affiant knows from Personal Knowledge that the body of Said Will is in the hand writing of Said Solomon Hoover and that the Said Signature of Said Solomon Hoover thereto attached as a Subscribing Witness is his genuine Signature.
Affiant further Says that he was well acquainted with Peter
H. Haag the other Subscribing witness to Said Instrument of
writing hereto attached that he has frequently been present and
Saw Said Peter H. Hoag write his Name and he knows from
Personal Knowledge that the name of Said Peter H. Hoag written as
a Subscribing witness to Said will is in the Proper handwriting
of Said Peter H. Haag and is his genuine Signature, he further
says that the Said Peter H. Haag is now dead having
departed this Life in Wayne County or Henry County Ohio within
the last ten years as I have been informed and believe.
Oliver H. Hoover
Affirmed to and Subscribed before me this 19th
day of February AD 1872.
W.B. Brown Probate Judge
Be it remembered that in the Probate Court of the County of Tuscarawas and State of Ohio on Monday the 19th day of February in the year of our lord one thousand Eight hundred and Seventy two at the Town of New Philadelphia within Said county before W.B. Brown Judge of Said Court among the proceedings then and their had were the following viz
In the Matter of } The last Will and Testament of Peter
Vogel deceased late of
the Will of } Tuscarawas County Ohio having on the 19th
day of February
Peter Vogel } AD 1872 been produced in Court and the
Subscribing witness
being dead thereupon came O.H. Hoover and made oath to the
correctness of Said Signature there upon Said Affidavit was redused
to writing and by Said O.H. Hoover Subscribed and filed with Said
will and it appearing to the Court that Said will was duly
Executed that 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 therefore ordered by the Court that Said will bee
and the Same is hereby Admited to Probate and together
with the testamony ordered to be recorded.
A Record Attest W.B. Brown Probate Judge
[N.B. Typed as written, except periods following initials; underlines; Bold & Italics for visual clarity.]
Transcribed by June E. Herron - April 2001 apachejune@hotmail.com