Peter Allbaugh

Estate of Peter Allbaugh
Montgomery Ohio, Vol. C, Pg 344
F# 1030869

In the name of God Amen
        I being weak and feeble of body but of sound mind, memory and understanding an make and publish this my last will and testament in manner and form as follows
        1st    I want my funeral expenses and all just debts to be paid out of my estate after my death
        2nd   I want my beloved wife Barbesy to have the farm  I now live on and receive the benefit
                of the same as long as she shall live
        3rd   After the death of my said wife I want all my real estate to be sold, and the finances
                equally divided amongst my children
                              Signed and sealed in the Presence of us this 28th day of July 1840.
                                                                                           Peter Allbaugh  (seal)
                     Henry Shidler
                     J.R. Lawdes

The State of Ohio   }                          Court of Common Pleas
Montgomery County}                           September term 1840

        Personally appeared in Open Court Henry Shidler and James R. Lawdes who being duly sworn
before and say that the paper before them purporting to be the last will and testament of Peter
Allbaugh now deceased was by the said Peter Allbaugh acknowledged, published and declared to be the his last will and testament in the presence of the informants, that the said deceased was of lawful age, that he was of sound  mind and memory, and under no restraints, as they verily believe that they subscribed the same as witnesses in the presence, and at the request of the Testator, and in the presence of each other
        Sworn and subscribed       }          Henry Shidler
        in Open Court  Oct 5, 1840}          J.R. Lawdes
        Ethan Smith, Clerk

State of Ohio         }   
Montgomery County}  Be it remembered that at court of Common Pleas held at Dayton in the county of Montgomery and State of Ohio on the fifth day of October Anno Domino eighteen hundred and forty,
Session, William L. Celfrustine, President Judge and George Olinger and John Shelby Esquire, Associate Judges of the Court of Common Pleas of the County aforesaid, the within written last will and Testament of Peter Allbaugh was produced in Open Court and proven by the oaths of Henry Shidler and J.R. Lawdes the two subscribing witnesses thereto whose examination was reduced to writing, and it appearing to the court that the said Peter Allbaugh was at the time of executing said will of full age, and of sound mind and memory and not under any restraint.
        It is ordered that the said Will and proof so reduced to writing be recorded.

In there being no Executors named in said Will, it is on motion and application for the same ordered that letters of administration with the will annexed be granted  to Mathias Swartzell, and he was sworn and gave bond in sixteen hundred dollars with Henry Shidler and Philip Hulp as his sureties approved by the Court and conditioned according to Law
                                                             Attest               E W Smith, clk

State of Ohio         }                 To All to whom these presents shall come Greeting.  Whereas Peter
Montgomery County}                 Allbaugh late of Montgomery County aforesaid deceased, did b his last
will and testament make ordain constitute and appoint in person to be executor of the same.  And whereas at a Court of Common Pleas held in Dayton in the county of Montgomery on the fifth day of October A.D. eighteen hundred and forty, before the Court William L. Celfrustine President Judge of the Court of Common Please for the first Judicial Circuit of Ohio, and George Olinger and John Shelby Esquire, Associate Judges of the said Court of Common Please for said County, the same last will and testament was exhibited and duly proven, and on motion it was ordered that Mathias Swartzell be appointed administrator with the Will annexed of the said Peter Allbaugh deceased.
        Therefore be it known, that by the said Court of Common Please administration of all and singular the estate of the said Peter Allbaugh deceased with his will annexed to be administered by him according to law and agreeably to the terms of the said last will and testament is hereby committed to the said Mathias Swartzell.
        Provided however, that it shall be the duty of the said Mathias Swartzell, administrator, as aforesaid with the Will annexed to have all and singular the estate of the said Peter Allbaugh deceased not otherwise disposed of by the said last will and testament inventoried and appraised by John Wilson, Joseph Collar and John Apple of the County of Montgomery, aforesaid under oath or affirmation, and the said inventory and appraisement together with an accurate statement of the debts due and owing to the Estate of the said Deceased, to return to the office of the Clerk of the Court of Common Pleas of the county aforesaid within three months from the date hereof, and further, to settle up the estate so far forth as the provisions of the said last will and testament will admit within eighteen months from the date hereof to make and return to the said court of Common Please as the law directs.

                                                     Witnesses Edwin Smith, clerk of the said Court of Common
                                                     Pleas for Montgomery County at Dayton the fifth day of
                                                     October A.D. eighteen hundred and forty

                                                                               Edwin Smith, Clk

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