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Andrew Wilson, 1880

TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904

Transcribed by Jan J. Barnes
©2002

County Court Clerk's Office
Will Book - Vol. V
Feb. 1891 - July 1904

Page 224

At a Probate Court Holden at the Probate office in the city of Akron County of Summit and State of Ohio on the 30th day of December A. D. 1880, a writing purporting to be the last Will and Testament of Andrew Wilson deceased, was produced in Court and offered for probate and thereupon the Court entered into the following order on its Journal viz:  In the matter of the last Will and Testament of Andrew Wilson Deceased: -
This the 30th day of December 1880 a writing purporting to be the last Will and Testament of Andrew Wilson late of said County; deceased, was produced in Court, and offered for probate; Whereupon it is ordered that notice in writing of the filing of said writing and of the time fixed for hearing the testimony in relation to the same be served upon the widow and each of the next of kin of said deceased at least three days prior to such time of hearing which is hereby fixed for the 8th day of January A. D. 1881, at eleven o'clock A. M. and our notice is issued accordingly.
S. C. Williamson Judge
On the 8th day of January A. D. 1881 this cause came on for hearing and thereupon the Court entered the following order on its Journal viz:  In the matter of the last Will and Testament of Andrew Wilson deceased.
This 8th day of January A. D. 1881 this cause came on to be heard and proof was made of service, the widow and each of the next of kin of said deceased residing in the State of Ohio, having in writing accepted service of notice in said matter thereupon; thereupon U. L. Marvin and W. W. Wetmore the subscribing witnesses to said writing appeared personally in open Court and being first duly sworn according to law, testified to the signing, acknowledgement and attestation of said writing which testimony was reduced to writing and

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signed by said witnesses and was filed with said writing in Court; and from said testimony the Court finds that said writing was signed sealed and acknowledged by said Andrew Wilson now deceased as his last Will and testament in the presence of said Witnesses, and the same was signed by said witnesses in the presence, and at the request of said deceased;  All of which was done when said Andrew Wilson now deceased was of full age of sound disposing mind and memory and under no undue or unlawful restraint, whatsoever; Wherefore it is considered by the Court that writing is duly proved as the last Will and Testament of said Andrew Wilson deceased and the same is admitted to probate and ordered to be recorded.
S. C. Wilson Judge

Will

Know all men by these presents that I Andrew Wilson of Stow, Summit County Ohio do make and publish this my last Will and Testament hereby revoking all other wills by me made.
First      I hereby give and bequeath to my wife Nancy Wilson the use and income and control of all the real estate which I own in the State of Ohio (except, about Seven and 34/100 acres which stands in my name, but which has been sold by contract to one Wright) during the period of her natural life.  I also give to my said wife to be hers absolutely all the chattel property of which I shall be the owner at the time of my death.

Second   Out of the money coming to me from said Wright on said contract for the sale of real estate, I direct that my Executors herein after named pay to my daughters Harriett Burdick, Nancy Perry and Abby A. Simpson the sum of Seventy five dollars each, And I hereby authorize and empower my Executors hereinafter named to make execute and deliver to said Wright, a deed of said Real Estate so sold to

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him, which shall convey to him a full and complete title to said real estate, wherever he shall have fully complete title to said real estate whenever he shall have fully complied with said contract on his part, and paid up the full amount of the purchase price thereof.

Third      I own a tract of real estate of probably less than one acre of land in Gallatin in the State of Tennessee, and I hereby direct that the income of said real estate so long as it remains unsold shall be paid and belong to my said wife Nancy, while she lives, and I further, hereby authorize and empower my Executors whenever in their judgement it is best so to do, to sell said real estate last mentioned and make excents and deliver to the purchaser or purchasers thereof a good and sufficient deed of the same, and if they shall sell the same during the life time of my said wife then they shall put at interest upon proper security, the net avails of such sale and pay said interest to my said wife during the remainder of her life.

Fourth    Whatever money I may have on hand at the time of my death, after paying my funeral expenses and the expenses of my last sickness shall belong absolutely to my said wife, and all the other personal property of which I shall be the owner at the time of my death not herein otherwise disposed of including all moneys that may be owing to me, shall be held in trust by my executors during the life of my said wife and made to yield as good an income as they can do with proper security, and the net income thereof shall be paid to my said wife, as long as she lives and such obligations as I hold against any of my children at the time of my death, are not to be collected by my said Executors until after the death of my said wife, provided my said children shall keep the interest on such obligations promptly paid.  And such interest after my death shall be completed at six per cent per annum without reference to the rate fixed

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by such notes.

Fifth      I hereby qualify what I have heretofore said in this Will to the extent that I give and bequeath to my said wife absolutely all of the amount coming from said Wright on the land contract aforesaid save and except so much thereof as I have already bequeathed to my three daughters Harriet Burdick, Nancy Perry and Abby A. Simpson.

Sixth      I have this day given to my daughters Harriet Burdick the sum of Two Hundred Dollars and taking her receipt therefore, and this with interest from this date is to be taken and considered as such an amount on her distributive portion of my estate, upon final settlement thereof.

Seventh My legal heirs are Harriet Burdick Nancy Perry, Abby A. Simpson, Hiram V. Wilson, Andrew Wilson, Jr. Solan N. Wilson, Mary Z. Tuttle, Martha L. Batsford and Birdie Hower and I hereby give and bequeath to each of my said heirs and to their heirs and assigns forever an equal portion of my estate both real and personal after the death of my said wife.

And I hereby direct that the portion which under this Will is bequeathed to said Birdie Hower shall be held in trust for her by my surviving executors until she arrives at the age of twenty one years, if my said wife shall die before said Birdie shall have arrived at said last named age.  And if said Birdie should die leaving no child, before she arrives at the age of twenty one years then upon her death the rights and estate hereinbefore bequeathed to her shall pass to and vest in my other heirs hereinbefore named and their heirs and assigns forever.

Eighth    I hereby nominate and appoint my wife Nancy Wilson and my neighbor Willard W. Wetmore to be the executors of this my last Will and Testament hereby authorizing and

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empowering them to settle any and all claims due to or from me and to do all and singular such things as may be necessary and proper for the legal settlement of my estate under this Will.

Nineth    The bequests and provisions hereinbefore made for my wife are in lieu of each and every provision which the law makes for widows.  In witness that the foregoing is my last will and testament I have hereunto set my hand and Seal this 20th day of December A. D. 1880.
                                                                            Andrew Wilson (Seal)
Done in presence of
U. L. Marvin
W. W. Wetmore
Notice to heirs
The State of Ohio
Summit County 
  In probate Court
In the matter of the last Will and Testament of Andrew Wilson deceased, To Nancy Wilson widow and Harriet Burdick, Nancy Perry, Abbie A. Simpson, Hiram V. Wilson, Andrew Wilson Jr., Solon N. Wilson, and Martha L. Batsford next of kin of said deceased.  You are hereby notified that on the 30th day of December A. D. 1880 an instrument of writing purporting to be the last Will and Testament of Andrew Wilson late of Stow Township in said County, deceased was produced in open Court and application to admit the same to probate was on the same day made in said Court.  Said application will be for hearing before this Court on the 8th day of January A. D. 1881, at 11 O'clock A. M.
S. C. Williamson Probate Judge

Dated at Akron Ohio this 30th day of December A. D. hereby acknowledge service of within notice this 3rd day of January A. D. 1881.
Martha L. Batsford, Nancy (her mark) Wilson, Nancy W. Perry

Page 229

Abbie E. Simpson, Hiram V. Wilson, Solon N. Wilson, Harriet L. Burdick, Andrew Wilson.
Testimony of Witnesses
The State of Ohio   }
Summit County       }
 Probate Court
Personally appeared in open Court on this the 8th day of January A. D. 1881, U. L. Marvin and W. W. Wetmore whose names appear as subscribing witnesses to a writing hereto attached purporting to be the last Will and Testament of Andrew Wilson now deceased and being first duly sworn, according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said writing they did severally depose and say, that said writing was signed, sealed and acknowledged by said Andrew Wilson now deceased in the presence of said Witnesses as his last Will and Testament, and the same was signed by said witnesses in the presence at the request of said deceased all of which was done where said Andrew Wilson now deceased was of full age, of sound disposing mind and memory and under no undue or unlawful restraint whatsoever.
U. L. Marvin
W. W. Wetmore
Sworn to and subscribed in open Court this 8th day of January A. D. 1881.
S. C. Williamson
Probate Judge

Certificates to Copies
The State of Ohio
Summit County } Probate Court
                                       (Stamp)
I G. W. Anderson Judge and Ex Officio Clerk of the Probate Court, within and for said County having the custody of the files, Journals, and Records of said Court, do hereby certify that the foregoing is a true & complete copy of the record in the matter of the will of Andrew Wilson as found in Wills Record No. 5 P. P. 381 - 385

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as the same, appears upon the records of said Court, and I further entify that I have carifuly compared the foregoing copy with the original record and the same is a full and correct transcript thereof.
In witness whereof I have hereunto set my hand and affixed the Seal of said Court at Akron Ohio this 11th day of April 1901 A. D.
G. W. Anderson
Probate Judge & Ex Officio Clerk of said Court
The State of Ohio
Summit County

I, G. W. Anderson sole Judge of the Probate Court within and for said County and State the same being a Court of law and of record do hereby certify that G. M. Anderson whose genuine signature is attached to the foregoing certificate is and was at the time of signing the same Ex Officio Clerk of said Probate Court and as such full faith and credit are due his acts and that the above certificate and attestation are in due form of law and made by the proper officer.  In Witness whereof I have hereunto set my hand and affixed the seal of said Court at Akron Ohio this 11th day of April 1901 A. D.
G. M. Anderson
Judge as aforesaid

State of Tennessee
Sumner County Court April Term April 17th 1901.

A copy of the last Will and Testament of Andrew Wilson dec'd duly authenticated from Summit County Ohio where the testator lived and died, and where the original was, proven, recorded and filed was this day produced in open Court which the court orders to be filed and recorded.
A true copy
Harris Brown Clk.


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