William Allbaugh
Estate of William Allbaugh
Volume F, Pg 488, July 22, 1875
FHC F# 0333254
Matter of the Last Will and Testament
of William Allbaugh Decd
Be it remembered that on this twenty second day of July Anno Domini, One
Thousand Eight Hundred and Twenty Five, the last will and testament of William Allbaugh,
deceased, was presented in the Probate Court within and for the County of Carroll
and State of Ohio unto William MCoy, sale judge thereof, for probate and record; which
said will is in the words and figures following, to wit:~
Will ~~ In the name of the benevolent Father of us all, I
William Albaugh being of sound mind and of age do make and publish this my last will and
testament
Item 1st I give and bequeath to my
beloved wife Catharine Albaugh in lieu of her dower the farme on which I now reside on
situated in Louden Township to have and to hold during her natural life.
Item 2nd I give to my wife Catharine Albaugh
all my household goods to have and to hold during her natural life and after the death of
my wife I desire that all my household goods be sold and the money equally divided with my
childrin namely Sarah Yenne, Levina Simmons, Elizabeth Roof, Samuel Albaugh & Peter
Albaugh.
Item 3rd All the property belonging to me on
the farm at my death not including the household goods to be sold and the money to be
given to my granddauter Martha Philips.
Item 4th I give and devise to my son Bazel
Albaugh fifty acres off the farms on which I now reside on commencing at the North East
corner of said quarter section and running west one half the length of said quarter
section then South far anough as to give the said Bazel Albaugh Fifty acres of said
quarter section in the North East corner of said section.
Item 5th I give to my son Eli Albaugh of the
same farm in the North West corner of said quarter section Fifty acres so as to run South
as far as my son Bazel.
Item 6th The said Bazel Albaugh to pay Four
hundred Dollars to my Dauter Melinda Philips in four annual payments commecing one year
after the death of my wife Catharine Albaugh.
Item 7th The said Eli Albaugh to pay five
hundred dollars to my Dauter Melinda Philips to be paid in four annual payments commecing
one year after the death of my wife.
Item 8th I desire the remainder of my land
sixty eight acres more or less to be sold and out of the proceeds of said land I want my
just debts fuly paid and also my funeral expenses and the balance of the money to be
equally divided among my five childrin namely Sarah Yenne, Levina Simmons, Elizabeth Roof,
Samuel Albaugh & Peter Albaugh.
Item 9th I diser that my Dauter Melinda Philips
to remain with her mother as long as she lives.
Item 10th I do hereby appoint Bazel Albaugh and Peter
Albaugh my Executors of this my last will and testament hereby authorize and empowering
them to confirm, adjust, release and discharge in such manner as they may deem proper the
debts and claims due me.
I do hereby revoke all former wills by me made.
William § Albaugh (seal)
Signed and acknowledged by said William Albaugh as his Last will and testament
in our presece and signed by us in his presence.
John W. Slates
William Phillips
And thereupon came John W. Slates and William Phillips the said subscribing witnesses to said will and being duly qualified testified to the due execution of said will in manner and form following to wit:~
The State of Ohio}
Probate Court
Carroll County } ss
Personally appeared in open Court, John W. Slates one of
the subscribing witnesses to the last will and testament of William Allbaugh, 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, deposes and says, that the paper
before him purporting to be the last will and testament of William Allbaugh, now deceased
is the will of said deceased that at the request and by the direction of the said William
Allbaugh, he wrote said will, that on the first day of October A.D., 1874, the said
William Allbaugh executed said will, that the erasure commencing with "I do"
immediately proceeding the evoking clause of said will, was made before signing, and that
he and William Phillips of Kilgore, Carroll County, Ohio, 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 William Allbaugh deceased, by
making his mark thereto, sign and seal said will and heard him acknowledge the same to be
his last will and testament; that the said William Allbaugh at the time 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.
John W. Slates
Sworn to and subscribed in open Court, this 22nd day of July A.D. 1875.
W. MCoy, Probate Judge
The State of Ohio}
Probate Court
Carroll County } ss
Personally appeared in open Court, William Phillips of
Kilgore in said County, one of the subscribing witnesses to the last will and testament of
William Allbaugh, 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, deposes
and says, that the paper before him purporting to the last will and testament of William
Allbaugh, now deceased, is the will of said deceased, that he and John W. Slates of Louden
township, Carroll County, Ohio 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 William Allbaugh execute by making his mark thereto sign and
seal said will and heard him acknowledge the same to be his last will and testament, that
the said William Allbaugh 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.
William Phillips
Sworn to and subscribed in open Court the 22nd day of July A.D. 1875.
W. MCoy, Probate Judge
Whereupon this matter curing? on for hearing, and the Court being fully advised in the
premises did find, order and as judge in respect to said will as follows:
In the Matter of Proving the }
last Will and Testament of }
Admission of Will to Probate
William Allbaugh, Dec'd }
On this 22nd day of July A.D. 1875, the last will and
testament of William Allbaugh, late of Loudon township in this county, deceased, was
produced in Court and offered for probate; and thereupon came John W. Slates and William
Phillips, the subscribing witnesses to said will, who being duly sworn, testified in open
Court, to the due execution of said will, which testimony was reduced to writing and by
said witnesses respectively subscribed and filed with said will; and it appearing to this
Court by said testimony that said will was duly executed and attested, on the first
day of October A.D. 1874 by the said William Allbaugh, deceased, and that the said
Testator, at the time of its execution, was of full age, of sound mind and memory and not
under any restraint. It is therefore ordered that said will be and it is hereby
admitted to probate as and for the last will and testament of the said William Allbaugh,
deceased, and that said will together with the testimony taken in respect to it, be
recorded.
A Record Attest,
W. MCoy, Probate Judge