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- [EFA4.FTW]
Michael Eddy's Will
Be it remembered, that on the fifth day of February, A. D. 1877, there
was filed in the Probate Court within and for the County of Monroe and
State of OH, an instrument of writing purporting to be the last Will
and Testament of Michael Eddy, deceased, which said last Will and
Testament was, on the same day, offered for probate, and is in words and
figures following, to wit: "In the name of the Benevolent Father of
All.. I, MICHAEL EDDY of Monroe County and State of OH, - do make and
publish, this my last Will and Testament. Item 1st, I give and bequeath
to my grand daughter, JANE EDDY, one cow and one pair of Bedsteads --
Item 2nd. I give and bequeath to my Daughters, MARY JANE and NANCY EDDY
and to my sons, ISAAC, EPRAIM, MICHAEL, ROBERT, SILAS and JOHN EDDY an
equal share in all my personal property and real estate, after all my
legal debts have been paid out of my Assets, Except Isaac whoe [sic] is
to rec. fifty dollars less than the other equal heirs as he had allready
[sic] Rec. fifty dollars. Item 3d. I also give and bequeath to my
daughter Mary Jane, over and above her equal share in my estate, one
beadstead [sic] and bed and all my kitchen furniture. Item 4th I
devise and bequeath to the heirs of my daughter CATHERINE WINLAND the
sum of one hundred dollars to be equally divided between them. Item
5th I devise and bequeath to the heirs of my son ALEXANDER EDDY dec.,
his equal share of all my personal property and real estate, after all
legal debts are paid -- Item 6th. I devise and bequeath to heirs of
my Daughter Sallie Hess dec. her equal share of all my personal property
and real estate after all legal debts are paid, Said share to be equally
divided between the heirs of Sallie Hess dec. Item 7th I also devise
and bequeath to the building committee of the M. E. Church now being
erected on the Lot, adjoing [sic] the Lot on which a School House now
stands and known as Eddies School House, being in Monroe County and
State of OH, Said fifty dollars is to be raised out of my chattel
[sic] property or real estate and appropriated to the building of the
said M. E. Church, above named -- Item 8th I desire that my son John
and my daughter Mary Jane remain on the farm, for two years after my
decease; The said John Eddy, taking charge of the farm and paying a
reasonable compensation to the other heirs for the use of said farm.
Said John Eddy is to keep the farm in common repair and rec. for the
same a reasonable compensation. My daughter Mary is to remain on the
farm and rec. a living off the farm. She doing what she can herself to
make her own living for the term of 2 years from my death. It is my
wish and desire believing it to be the best for the heirs, inview [sic]
of the rise of land, brought about by the Rail Road. Item 9th I do
hereby nominate and appoint my son John Eddy to be the Executor of this
my last will and testament, authorizing and empowering him to
compromise, adjust, release and discharge, in such a manner as he may
deem propper [sic] the claims due me. I also authorize and empower him,
if it shall be come necessary, in order to pay my debts, to sell by
private sale, or in such manner as he may think best, all or any part of
my real estate, and deed to the purchasers to execute, and deliver in
fee simple. I desire an appraisement to be made of my personal
property, and the property left on the farm for two years in care of my
Executor and for his use during the two years unless a portion or all of
it , be required to pay my legal claims, in which case my executor is at
liberty to sell by either private or buplic [sic] sale, a sufficient
amount to pay the claims against the estate. I hereby revoke all former
will [sic] by me made. In testimony hereof, I have hereunto set my hand
and seal, this 9th day of September in the year 1876. Michael Eddy
(seal). Signed and acknowledged by said Michael Eddy, as his last will
and testament our presence, and signed by us in his presence: CORNELIUS
L. BELT, JAMES R. SMITH witnesses.
Testimony. And afterward, on said 5th day of February, A. D. 1877, the
testimony in relation to the execution of said Will, was taken in words
and figures following, to wit" "The State of this Monroe County, Jr. an
Probate court. Personally appeared in open court, James R. Smith and
Cornelius L. Belt, the subscribing to the last Will and Testament of
Michael Eddy, late of Center Township, in said Monroe County, 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 paper before them, bearing date the 9th
day of September, A. D. 1876, purporting to be the last Will and
Testament of Michael Eddy, now deceased, is the Will of said decedent;
that they were present at the execution of said Will, and, at the
request of the Testator, respectively subscribed their names to the same
as witnesses, in his presence; that they saw the said Michael Eddy,
deceased, sign and seal said Will, and heard him acknowledge the same to
be his last Will and Testament, and that the said Michael Eddy, at the
time of making, signing and sealing said Will, was of lawful age, of
sound and disposing mind and memory, and under no undue or unlawful
restraint whatsoever, and that the words "and for his use during the two
years," were interlined in said Will before being signed by said Michael
Eddy, dec'd. James R. Smith, Cornelius L. Belt. Sworn to and
subscribed by said witnesses, in open Court, this 5th day of February,
A. D. 1877. Jas. R. Morris, Probate Judge." And afterward, on the 5th
day of February, A. D. 1877, the findings and orders of said court were
entered on the Journal, in words and figures following, to wit:
"Journal Probate Court, Monroe County, OH, In the matter of the Will
of Michael Eddy, deceased. Monday, Feby 5, A. D. 1877. This day an
instrument of writing purporting to be the last Will and Testament of
Michael Eddy, late of Center Township, in this county, deceased, was
produced in open Court for probate; and at the same time came James R.
Smith and Cornelius L. Belt, the subscribing witnesses to said Will,
who, being duly qualified, testified to the to the due execution and
attestation of said Will; which testimony was reduced to writing, by
them respectively subscribed and filed with said Will. Whereupon the
Court finds that the aforesaid instrument of writing is the last Will
and Testament of Michael Eddy, deceased; that the same was duly executed
and attested; and that the said Testator, at the time of signing the
same, was of lawful age, of sound and disposing mind and memory, and
under no undue or unlawful restraint whatsoever. It is, therefore, by
the Court ordered, that said Will be admitted to probate, and that the
same, together with the testimony of the witnesses above named, be
entered of record in the Court." Attest: Jas. R. Morris, Probate
Judge.
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1796 - 1877 (80 years)
