I James Howard of Bristol Township and County of Morgan in the
State of Ohio do make and publish this my last Will and testament
in manner and form following to wit: first it is my Will that all
my just debts and funeral expenses be fully paid out of my personal
estate.
Item second, I give and bequeth to my wife, Ann Howard, all my
real estate in the Township of Bristol, County of morgan and State
of Ohio, to have and to hold during her natural life time, together
with all the household and kitchen furniture or so much of it as she
may think necessary for her own convenience also - one horse and one
cow.
Item 3 third, I Will and bequeath to my oldest son Eli D. Howard,
Five Hundred and Seventy seven dollars to be paid out of my real
estate, after the death of my wife Ann Howard, having given him land
and money heretofore, I consider the above mentioned sum to be his full
share of my real estate.
Item 4 forth, I Will and bequeath to my second son, David Howard,
Four Hundred and forty one dollars, to be paid after the death of my
wife Ann Howard, having given land and money heretofore, I consider
the above mentioned to be his share of my real estate.
Item 5 fifth, I Will and bequeath to my third son Joseph Howard,
the sum of four Hundred and (36) thiry six dollars, having given him
Land and money heretofore, I consider the above mentioned to be his
full share of my real estate, which shall not be paid till after the
death of my wife Ann Howard.
Item 6 sixth, I Will and bequeath to the heirs of Philip M.
Howard, dec'd, Eighty Acres of land, situated in G[a]llia County and
State of Ohio being the West half of the North East quarter of
Section 21, Township 4 and range 16 of land subject to sale at
Chilac[o]tha, also the claims that I hold against Philip M. Howard,
dated prior to his death. Also five Hundred dollars to be paid out
of my real estate, after the death of my wife Ann Howard.
Item 7th Seventh, I Will and bequeath to my youngest son, James
Howard, the farm on which I now live, it being the North West quarter
of section five, with the exception of 2 1/2 Acres on the west line,
containing One Hundred and 61 1/2 sixty one and a half acres in
section 5 range 11 and Township 11 in the Zanesville land district,
to have and to hold forever, on condition that he pay the above
stipulated legacys after the death of my wife and this is to be his
full share of my real estate.
Item 8th, It [is] my Will that my personal affects not devised,
be sold and the proceeds divided as follows, First my son James Howard
shall have one fourth part of it and the balance equally divided
between Eli D. Howard, David Howard, Joseph Howard, and the heirs of
Philip M. Howard, deceased, shall have their father's share equally
divided among them.
Item 9, And lastly I hereby appoint James Howard, Jun. to be
the executor of this my last Will and Testament, Revoking and
Annulling all former Wills by me made, certifying and confirming
this and no other to be my last Will and Testament.
In Testimony Whereof, I have hereunto set my hand and seal
this third day of Feb. A.D. 1874.
James Howard
Signed and sealed and acknowledged by the above named James
Howard for and as his last Will and Testament in presence of us,
who at his request have signed the same as witnesses.
Attest.
Alexander Smith
Philip Crow
The State of Ohio
Morgan County Probate Court
Personally appeared in open Court Alexander Smith and Philip
Crow the subscribing witnesses to the last Will and Testament of
James Howard Sen. deceased, who being duly sworn according to law
to speak the truth, the whole truth, and nothing but the truth, in
relation to the execution of said Will, depose and say, that the
papers before them purporting to be the last Will and Testament of
James Howard, now deceased, is the Will of said deceased, James
Howard Sen. that they were present at the execution of said Will,
at the request of the Testator, subscribed their names to the same
as witnesses, in his presence, and that they saw the said James
Howard, Sen. deceased, sign and seal said Will, and heard him
acknowledge the same to be his last Will and Testament; that the
said James Howard, Sen. at the time of making, signing and sealing
said Will, was of legal age and of sound and disposing mind and
memory, and under no undue or unlawful restraint whatsoever.
Alexander Smith
Philip Crow
Sworn to and subscribed in open Court this 14th day of September
A.D. 1875.
David C. Pintarton
Probate Judge
[James] Philip Howard Sen.
Will of September 14, 1875
The Will of James Howard, Sen. was this day brought before
the Court and duly proven by the oaths of Alexander Smith and Philip
Crow the subscribing witnesses to the same, whose testimony in
relation to the execution of said Will was reduced to writing,
subscribed and sworn to in open Court. Ordered by the Court that the
Will and Proof thereof so reduced to writing, be filed and recorded.
David C. Pintarton
Judge
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