FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 6, pp.212-214
Will of ELI WALKER
Dtd 11 Nov 1875 - Pro 20 Nov 1875
In the name of the Benevolent father of all:
I Eli Walker of the township of Auburn County of
Tuscarawas, and State of Ohio, being of sound mind and memory, do
make, ordain, publish and declare this my last will and
Testament:
Item 1st I give and devise to my beloved wife in lieu
of her dower Seven hundred dollars to be made out of said farm
when sold, but that said executor is to keep said Seven hundred
dollars on interest for the benefit of said widow and yearly to
pay over to said widow the interest arising from said Seven
hundred dollars and if necessary for the maintainance of
said widow to pay her yearly such a part of said principal as is
necessary for her support.
Item 2nd I further devise and give to my beloved wife
the following articles, One cow Two beds and bedding, one bureau,
one Corner cupboard, one cooking Stove, one Table, Seven chairs
(one of which is to be a cooking chair) one Set of carpets, all
the dishes and cooking utencils, one large iron Kettle and
one Stand.
Item 3rd I further give and devise to my beloved wife
the right of living and remaining in Said house in which we now
live, also to have the use of the garden, a potato patch, the
orchard and all fruit therein and pasture for two cows for the
term of one year from and after my decease.
Item 4th In case of the death or remarrage of
my Said widow then the within named Seven hundred dollars or as
much thereof as shall yet remain in the Executors hands with the
interest thereof at the death or remarriage of my said widow
shall be paid over to all my Said children hereinafter mentioned
Each of which are to receive an Equal Share.
Item 5th I desire that no appraisement be made of my
real Estate but that (in case I should not sell said real Estate
before my death) the Same Shall be Sold at public Sale in the
following manner to wit: One third of the consideration money to
be paid on day of Sale, and one third in one year thereafter and
one third in two years thereafter with interest from day of Sale.
Item 6th I desire that after all my lawful debts are
paid and discharged, that the residue of my Estate both personal
and real be equally divided among all of my Said children
namely Moriah, Elizabeth, Sarah, John, Susan, William,
Lucinda, Salina and Emma.
Item 7th I do hereby nominate and appoint Levi
Travis Executor of this my last will and Testament
hereby authorizing and empowering him to compromise, adjust,
release and discharge in Such manner as he may deem proper the
debts and claims due me. I do also authorize and Empower him to
sell by public auction in the manner before Stated all my real
Estate and to execute, acknowledge and deliver all deeds in fee
Simple.
I desire that no appraisement of my personal property be made and
that the Court of probate direct the omission of the same in
pursuance of the Statute.
Item 8th I desire that a certain promissory note of
hand amounting to ninety dollars made by George Pershing
in the Spring of Seventy one to Susan Walker, said note I
give and bequeath to her the said Susan Walker to have and
hold as her own and at her death the same is to be equally
divided among her said children: namely, Lucinda,
Salina and Emma or as much thereof as yet remains at her
death.
Item 9th I do hereby give bequeath and order that Lucinda,
Emma and Salina of my Said heirs are to have an outfit of as
much property as the residue of my said heirs have already
received the same to be taken from my said property after my
decease provided they Shall not have had received the Same during
my lifetime.
In Testimony hereof I have hereunto Set my hand and Seal this 11th
day of November in the year 1875.
Eli [his X mark] Walker
Signed and acknowledged by said Eli Walker as
his last will and Testament in our presence and signed by us in
his presence.
[signed] Samuel Zimmerman
[signed] Levi Travis
The State of Ohio } SS
Tuscarawas County } We Samuel Zimmerman and Levi Travis
being duly Sworn in open Court, this 20 day of Nov AD 1875,
depose and say, that we were present at the Execution of the last
will and Testament of Eli Walker 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] Samuel Zimmerman
[signed] Levi Travis
Sworn to and subscribed before me, the day and year aforesaid.
[signed] W.B. Brown Probate Judge
Be it remembered that heretofore to wit: In the Probate Court of Tuscarawas County Ohio, on the 20th day of November in the year of our Lord one Thousand Eight Hundred and Seventy Five, at the Town of New Philadelphia in said County before W.B. Brown Probate Judge said Court, Among the proceedings then and there had were the following:
In the Matter of } Probate Court
the Will of } Tuscarawas County, SS.
Eli Walker }
The last will and Testament of Eli Walker deceased, late
of the County of Tuscarawas and State of Ohio, was this day
produced in Court and thereupon came Samuel Zimmerman and Levi
Travis 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 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 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 Susan
Walker widow of the said Eli Walker deceased and
after being fully advised of her rights as such widow at Law,
made known her choice and election to take and accept the
provisions of said will as made in her behalf.
A Record Attest: W.B. Brown Probate Judge
[N.B. Typed as written. Added: Underlines; Bold
& Italics for visual clarity.]
Transcribed by June E. Herron - April 2001.
apachejune@hotmail.com