114
Will
Samuel
McCormac In Probate
Court April 21, 1875
Journal 7 Pg. 388
In the matter of the last will and Probate of Will
Testament of Samuel
McCormac dec This day the last Will and
Testamentof Samuel
McCormac late of
Muskingum County Ohio deceased was reduced in writing in open court and duly ___ by the oaths of H. C. Sniff and James R. Starrett the attesting and subscribing witness ______ to whose testimony in his behalf was reduced to writing and field herein; and it appears to the court from said testimony that said will was duly executed and attended and the said Testator Samuel
McCormac deceased was at the time of the executed of said will of full age of sound mind and memory and free from any restraint. This is now by the court ordered that said Will be and the same is now hereby admitted to the Probate and that the same together with the testimony be duly recorded.
Will
In the name of the Benevolent Father of all, I Samuel
McCormac of Union Township
Muskingum County,
Ohio do make, publish and declare this my last Will and testament as follows:
Item First - It is my will that my just debts and funeral expenses shall be fully paid after my death by my executors to be named herein.
Item Second - I give devise and bequeath to my beloved wife Elizabeth
McCormac all my house hold and kitchen furniture. Also Nine hundred dollars in United States Bonds; also so long as she my son Samuel and my daughter Amanda shall live together as one family I desire that they shall have the use of the said farm on which we now reside consisting of about two hundred and fifty five acres and whenever they shall cease so to live together, or shall my wife an children sooner desire the same, I direct that executors shall sell at private sale all or any parts of my said farm and for that purpose my executors are hereby authorized to execute and deliver a deed or deeds to the purchaser or purchasers for any and all of the lands so by them sold.
Item Third Upon such sale being made it is my will that said wife have the one third of all proceeds arising form such sale during her natural life.
Item Fourth I have heretofore given my son John
McCormac now deceased about six thousand dollars which to be in full of his share of my estate.
Item Fifth I give and devise to my son William
McCormac the farm on which he now resides existing of one hundred acres to be in full of his share of my estate.
Item Sixth I give and devise to my son Samuel
McCormac upon the sale of the farm on which we reside one third of the proceeds of said sale.
Item Seventh I five and devise to my daughter Amanda
McCormac upon the sale of the farm on which we now reside, one third of the proceeds of said sale.
Item Eighth Upon the sale of the farm on which we now reside I will and devise to my wifes ?niece? (Too dark) Phebe J. Mahan four hundred dollars to be taken equally from the shares of my wife, my son Samuel and my daughter Amanda.
Item Ninth I do will and now devise that after my death all my personal property shall be sold by my executors at public ?vendue? and so much of the proceeds as is necessary shall be used to pay my just debts, and the remainder shall be equally divided between my wife Elizabeth
McCormac, and my daughter Amanda
McCormac.
Item Tenth I do hereby nominate and appoint my beloved wife guardian of my daughter Amanda
McCormac until the said Amanda
McCormac arrives at the age of 21 years or ?either? marries.
115
Item Eleventh I nominate and appoint my sons William
McCormac and Samuel
McCormac the Executors of this my last will and testament.
Item Twelfth I hereby revoke any and all Will or
Wills by me heretofore made and I declare this to be the last Will and testament of one Samuel
McCormac.
In testimony where of I do hereunto subscribe my name and affix my seal this Eleventh day of February in the year of our lord
Eighteen hundred and seventy three.
Signed and sealed and acknowledge Samuel
McCormac his
SEAL X Mark
In our presence by Samuel
McCormac as his last will and testament and signed by us as witnesses to such signing sealing and acknowledgment in his presence and in presence of each other at his request this Eleventh day of February in the year 1873.
Signed in the presence of
H. C. Sniff
James R. Starrett
The State of
Ohio Muskingum Countyat the Probate
Court held at the office of said
Court in Zanesville within and for the country aforesaid on the 21st of April 1875 the last will and testament of Samuel
McCormac, late of said county was produced in writing and H.C. Sniff and James R. Starrett the attesting and subscribing witness there to being duly sworn and examined in open court declared that said Testator Samuel
McCormac deceased was at the time of executing and signing said last will and testament of full age and sound mind and memory and free from any restraint, that he signed the same in their presence and that they heard and acknowledge said instrument of writing as and for his last will and testament and they subscribed their names as witness thereto in his presence. I certify that the foregoing testimony was taken in open court and ?reduced? to writing by me, and taken at the time and place specified.
Attest:
Henry S. Korte Probate
Judge