|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
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.