FHL Film #0890355 - Tuscarawas Co., OH Court Records — Vol. 6, pp.367-368

Will of JOHN D. WALKER
Dtd 28 Feb 1874 - Pro 13 May 1878

I John D. Walker of Tuscarawas County in the State of Ohio hereby make this my last Will and Testament.
First. I direct that my just debts be paid by my Executors hereinafter named as soon after my death as may be found by them convenient.
Second. I give to my three daughters jointly hear named Mary Martha, Victory Olivia, and Laura Alverdo the dwelling house and land connected therewith, and now occupied by me as a homestead, to hold to them and their heirs forever, and all the furniture contained therein, and used by me, I except the family burying ground which lies West of the Methodist burying ground South of the M.E. Church.
Third. I give to my daughter Ann Rebecca One dollar in Cash.
Fourth. I give to my daughter Jululia Ann One dollar in Cash.
Fifth. I give to my daughter Hesterann One dollar in Cash.
Sixth. I give to my Son Columbus Thomas One dollar in Cash.
Seventh. I hearby appoint my son Columbus Thomas to be Executor of this will.
In testimony whereof I hereto set my hand this 28^th day of February 1874.
[signed] John D. Walker {seal}

Signed and published as his last Will by the said John D. Walker in the presence of us who in his presence and in the presence of each other have hereto subscribed our names as Witnesses.
[signed] A.W. Patrick
[signed] D.C. McGregor

The State of Ohio }
Tuscarawas County } ss I A.W. Patrick being duly sworn in open Court this 13^th day of May A.D. 1878 depose and say that I was present at the execution of the last will and Testament of John D. Walker hereunto annexed and that I 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 I signed the same as witness at his request and in his presence and in the presence of Said D.C. McGregor who also signed his name as a witness to Said Will in my presence, and who since writing his name thereto has departed this life.
[signed] A.W. Patrick

Sworn to and subscribed before me the day and year aforesaid.
[signed] G.A. Lahmer Probate Judge

Be it remembered that in the Probate Court of Tuscarawas County State of Ohio, on the Thirteenth day of May A.D. 1878 before G.A. Lahmer Judge of said Court among the proceedings then and there had were the following viz

In the Matter of the }
Will of }
John D. Walker } The last Will and Testament of John D. Walker deceased late of the County of Tuscarawas and State of Ohio was this day produced in Court and thereupon came A.W. Patrick one of the subscribing Witnesses to said Will (D.C. McGregor the other Subscribing witness having departed this Life) and in open Court on oath testified to the due execution and attestation of the same which testimony was reduced to writing and Subscribed by him 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.
[signed] G.A. Lahmer Probate Judge

A Record Attest. G.A. Lahmer Probate Judge

[N.B. Typed as written, including: "Jululia" & "Hesterann". Bold & Italics for visual clarity.]
Transcribed by June E. Herron - April 2001 apachejune@hotmail.com