Muskingum County, OH, Will bk. 3, page 584
John A. Adams
In the matter of the last will and Testament of John A. Adams deceased}
In Probate Court January 26th 1875
Probate of Will
This day the last will and testament of John A. Adams late of the City of Zanesville Ohio deceased was produced in writing in open court and duly proven by the oaths of John C. Harris and Henry Lentz in open Court and duly proven by the oaths of the attesting and subscribing witnesses thereto where testimony in this behalf was reduced to writing and filed; and it appearing to the Court that said Will was duly executed and that said Testator John A. Adams deceased was at the time of the execution of said will of full age sound mind and memory and free from any restraint, it is now by the Court here ordered that said Will be and is hereby admitted to Probate and that the same together with the testimony and the entry be duly recorded.
WILL
I John A. Adams, of Zanesville Ohio, being of sound mind, memory and understanding do make and declare this to be my last Will and Testament.
First: I give to my beloved wife Sophia, the house and lot where I now reside, to wit, The North half of lot two, (2) in Square twelve (12) Zanesville to have and to hold to her, her heirs and assigns forever: also to be her own absolute property the furniture, books, pictures, piano &c &c in and on said lot: Also United States Bonds to the par Value of four Thousand dollars she to own full four thousand dollars of said bonds, and the premium and unpaid interest thereon, I have on August 31, 1874 handed to her said bonds in satisfaction of this bequest of them.
Second: I give to my said wife for and during her life the income, interest unto and profits of the following, to wit: My brick store on Main Street being the West half of lot five (5) in McLaughlin subdivision of lots nine (9) ten (10) and eleven (11) in Square Eight (8) Zanesville, fronting twenty six (26) feet on Main Street less nine (9) inches heretofore conveyed to D. Applegate and one hundred and eight feet (108) deep to an alley: Also my brick house and lot on Third Street being forty five (45) feet off the South side of lot three (3) square nine (9) Zanesville; all my stocks in the First National Bank of Zanesville and also five Thousand dollars in money.
Third: I give to Mrs. Fanny Adams, widow of my brother James, for and during her widowhood the west part of my farm in Falls Township, Muskingum county Ohio, being the land on which she now resides and containing fifty two and eighty four hundredths (52 84/100) Acres. On the termination of her said widowhood either by her death or marriage said land shall pass in fee simple to the following named of her children, share and share alike to wit: James Adams, Washington Adams, George Adams, Charles Adams, Mary Adams, Mrs. Fanny Douglas and Mrs. Lucy Van Horne: and said children shall have the right during their mother's widowhood to reside with her on said land as they have heretofore done.
Fourth: My Executors shall have power to sell and convey, at such time or times and in such parcel or parcels, and on such terms as they, or the survivor of them, shall deem most advantageous for the estate any and or all of my real estate not devised in fee simple, but the Main Street lot shall not be sold during the life of my wife without her consent, evidenced by her Joinder in the deed. The money bequeathed to her for life and the net proceeds of any property the income of which is given her for life: that may be Sold, shall be invested by any Executors and the income thereof paid to her, If her nett income from the United States bonds bequeathed to her absolutely and from the life estate devised and bequeathed to her herein shall exceed two thousand dollars she shall own the whole of said income. If in any year such income shall be less than two thousand dollars the deficiency shall be paid to her out of my other estate, so that her yearly income after paying all her taxes, necessary repairs, insurance, City assessments and Water rents shall be two thousand dollars nett during her life.
Fifth: I make the following legacies to be paid out of so much of my estate as shall remain after making provision for the foregoing devises and bequests to wit: To my brother William A. Adams five hundred dollars: to Mrs. Fanny Adams widow of my brother James Five hundred dollars, to Mrs. Elizabeth Dillon daughter of my brother James Five hundred dollars; to her brother S. Morris Adams Five hundred dollars, to my brother George Adams of Hampton Virginia, Fifteen hundred dollars; to Jane A. McFadden Five Hundred dollars; to Elizabeth Beckert of Sandusky (Nee Look) who so faithfully, so honestly and so long (14 years) labored in our house, two hundred and fifty dollars; to Mrs. G. Hills in memory of numerous Kindnesses in past years two hundred dollars; to Elizabeth Dittmar and her sister Louisa Dittmar, for similar reasons, one hundred dollars each. Also to our niece Fanny B. Hyde now living with us Five hundred dollars.
Sixth: I make the following bequests payable on the decease of my wife out of so much of my estate as my remain after satisfying the foregoing devises and bequests to wit: the sum of five hundred dollars to each of the following, namely my brother George, his Sons Charles S. and George F. and the following named children of my brother James - Fanny Douglas, Lucy Van Horne, Mary Adams, James Adams, Washington Adams, George Adams and Charles Adams: the total amount given under this sixth clause in five thousand dollars.
Seventh: The notes I hold on Charles S. Adams son of my brother George are applicable upon the legacies to him dollar for dollar: any difference between the amount due on the
Signed and sealed by me at the first sheet of my will this first day of September A.D. 1874, John A. Adams.
Attest Henry Lentz}
John C. Harris}
note or notes and the legacies to him is payable in money. If the sum due from him at my death shall exceed one thousand dollars, he shall pay interest on the surplus from that time. In like measure the notes I hold on James S. Douglas shall be applied on the legacies to his wife Fanny. I release my brother William from all indebtedness to me.
Eighth: In case of injury to or destruction of any building on any of my real estate not hereinbefore devised in fee simple, whether resulting from fire or other cause, my executors or the survivor of them my repair or rebuild the same if they or he shall deem it for the advantage of the estate.
Ninth: My said wife shall have power to direct by will the distribution of my estate of a sum equal to one half of my estate: but in estimating my estate for this purpose the 52 84/100 acres of land in Falls Township and the house and lot on Fourth street Zanesville where I now reside shall not be included. Excluding these two parcels the remainder of my estate shall be appraised within one year after my decease by my Executors or the survivor of them, and the one half of the sum total of such appraisement shall be the amount that may be willed by my wife and paid out of my estate as so directed by her. In case she shall die intestate said one half and the residue of my estate in any event shall be divided pro rata among my other legatees of personal property herein before named in proportion to the money Value of their several legacies. In so appraising my estate my debts shall be deducted before taking the half. Moreover from the half to be so willed by my wife shall be deducted one full half of all the Expenses of Administering my estate other than repairs or rebuilding.
Tenth: The provision of this will on behalf of my wife are in lieu of her dower.
Eleventh: I appoint my friends Alexander Grant and Moses M. Granger Executors of this will, and request that no bond be required from either, except his own separate individual bond. If either shall decline, resign, die or cease to be Executor the other shall have full power.
Twelfth: I revoke all wills and codicils heretofore made by me and sign and seal this will on two sheets of paper this First day of September A.D. 1874.
John A. Adams {seal}
Signed and sealed in our presence by the testator John A. Adams who requested us to witness this as his will, the day aforesaid which we do in his presence and in presence of each other.
Henry Lentz
John C. Harris
The State of Ohio
Muskingum County
At the Probate Court held at the Office of said Court in Zanesville within and for the County aforesaid on the 26th day of January 1875 the last Will and Testament of John A. Adams deceased late of said County was produced in writing and John C. Harris and Henry Lentz and attesting and subscribing witnesses thereto being duly sworn and examined in open court declared that said Testator John A. Adams 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 him acknowledge said instrument of writing as and for his last will and Testament and that they subscribed their names as witnesses 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. R. H. Morgan
Probate Judge