PROBATE OF JOHN SMITH
(Marion Co., Ohio)
|NOTICE TO APPEAR |
The State of Ohio Marion County
In the Probate Court matter of the Last Will and Testament of John Smith, deceased. To Elizabeth Smith, Eliza Rider, John Smith, Christina Boyd, Sophia Smith, Henry Smith, Melinda Keenan; Lewis F. Smith, Jacob Smith, Heirs of Elizabeth Myers and the heirs of Catherine Todhunter. You are hereby notified that on the 25th day of March 1880 an instrument of writing purporting to be the last will and testament of John Smith, late of Prospect Township, in said County, deceased, was produced in open court and application will be adminis the service to probate as on the same day made in said Court said application will be for hearing before this Court on the 15th day of April A.D. 1880 at 1 o'clock P.M..
J.N. Matthews, Probate Judge
Dated at Marion Ohio this 25th day of March AD 1880.
We the undersigned persons within named hereby acknowledge service of the within notice this 31st day of March AD 1880. Elizabeth Smith, Christina Boyd; Sophia E. Coleman; Eliza Rider, Malinda Keenan, Henry Smith, John Smith
And also on the 15th day of April AD 1880 the following notice was filed in this Court and reads as follows:
NOTICE TO HEIRS
The State of Ohio
In the Probate Court
In the matter of the last will and Testament of John Smith deceased.
The undersigned persons within named hereby acknowledge service of the within notice this 4th day of April A.D. 1880.
Charles Williams Myers
Jacob Schrok, Guardian
PROBATE OF WILL
... Englehard Lauer and Francis Whiteman the subscribing witnesses (to the) last will and Testament of John Smith, late of Prospect Township in said Marion County, deceased being duly sworn according to law to speak the truth, the whole truth and nothing but the truth, said will devised say that the papers before herein bearing date the 4th day of December AD 1879 purporting to be the last will and testament of John Smith now deceased, is the will of the deceased John Smith that they witnessed the execution of said will at the request of the testator and thereby subscribed their names to the same as witnesses in his presence. That they saw the said John Smith deceased, sign and (seal) said will ....
Sworn ot and subscribed by said witnesses in open Court, this 15th day of April A.D. 1880.
J.N. Matthews, Probate Judge
In the name of God, Amen, I John Smith of the Town of Prospect in the County of Marion and State of Ohio being of sound mind and memory (blessed be almighty God for the same) do make and publish this my last Will and Testament. I give and bequeath to my beloved wife Elizabeth all my household possessions and all of the rest of my Personal Property. I also give and bequeath to my beloved wife Elizabeth all the___ of my Real Estate as long as she shall remain my widow but if I should have debts at the time of my decease then so much of my personal property or Real Estate shall be sold to pay for the same but on the decease of my widow the remainder thereof I give and devise to my children and their heirs to be divided in equal shares between them. Except one of my sons Louis F. Smith of which I have payed on his account the sum of two hundred dollars this aforesaid sum shall be in lieu of his share if any there be. I do nominate and appoint my beloved wife Elizabeth to be the sole Executrix of this my last will and testament without bonds. In testimony after of I hereunto set my hand and seal and publish and decree this to be my last Will and Testament. In presence of the witnesses named below this Fourth day of December in the year our Lord One thousand Eight hundred seventy nine.