Robert McMurray Will, probated 3 April 1878, Will Book, v. 3, p. 51, Auglaize County Probate Court, Wapakoneta, Ohio
Robert McMurray Will
Robert McMurray deceased April 3rd A.D. 1878
This last Will and Testament of Robert McMurray, late of Auglaize County, Ohio, deceased, having been on the 3rd day of April A.D. 1878 presented for Probate. Thereupon said Will was duly proven by the oath of F. A, Layton and Horace Holbrook, subscribing witnesses thereto who were duly sworn and examined in open court and their testimony was reduced in writing and filed by order of the court and it appearing to the court from the testimony of said witnesses that "such Will was duly attested and executed and that the testator at the time of executing the same was of full age and of and sound mind and memory and not under any restraint" it is now here ordered that said Will be admitted to Probate and filed and that the same together with testimony herein so taken and reduced to writing as aforesaid as recorded.
Last Will and Testament of Robert McMurray of Wapakoneta, Ohio.
In the name of the Benevolent Father of all, I, Robert McMurray as aforesaid of full age, sound mind and memory, on this 22nd day of February A.D. 1878, do make and publish this as my last Will and Testament, to wit:
Item first: I direct that all my just debts be paid.
Item second: I give, bequeath, devise absolutely, and without any reservation, to my wife Isora McMurray all of my real and personal estate, both that which I now own and hereafter acquire including life insurance that may be due same.
Item 3rd: I hereby appoint my said wife, Isora McMurray, guardian of my children Ione, Hattie, and George H. McMurray, and direct that said guardianship shall continue until said children arrived at full age and that she shall not be required to give bond.
Item fourth: I hereby appoint my said wife Isora McMurray the title of Executrix of this my last Will and Testament, empowering her to adjust, collect, compromise, [illegible phrase] credits or any other property of any description whatever. I further direct that no bond shall be acquired of any said Executrix or that no inventory or sale of my property shall be made.
In witness thereof I have hereunto set my hand and seal on the day and year first above written.
Signed and acknowledged by said Robert McMurray as his last Will and Testament in our presence and signed by us in his presence.
F. A. Layton
April 3rd A.D. 1878
This day came into court Isora McMurray, widow of Robert McMurray, late of this county deceased, and made application to that under the Will of her deceased husband and thereupon the Court explained to her the provisions of the Will, her rights under it and by her on the swearing her refusal to take under the Will, and she then made her election to take under the Will and her said decision is now here entered of record.
The State of Ohio. Auglaize County. Personally appeared in the court F. A. Layton and Horace Holbrook, the subscribing witnesses to the last Will and Testament of Robert McMurray 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 purporting to be the last Will and Testament of Robert McMurray, now deceased, is the Will of said deceased, that they were present at the execution of said Will at the request of the testator, subscribed their names the same as witnesses in his presence, and that they saw the said Robert McMurray deceased sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament that the said Robert McMurray 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.
F. A. Layton
Sworn to and subscribed in open Court this 3rd day of April A.D. 1878.
Recorded April 18th, 1878