Henry
ROBERTS, deceased
Muskingum Co., OH Probate
CourtWill Book D, pages 410-413
The State of
Ohio,
Muskingum County, ss. Court of Common
Pleas, April Term 1851, to wit April 11th, 1851.
“The last will and testament of Henry
ROBERTS, late of
Muskingum County deceased, was this day produced in open
Court for probate. And thereupon John S. MILLER one of the attesting and subscribing witnesses to the said last will and testament appears in open
Court, and was duly sworn and examined touching the execution of the same, and his said testimony was thereupon reduced to writing and duly filed. And it appearing to the
Court that Sarah
MILLER the other attesting and subscribing witness to the said last will and testament is infirm and unable to attend
Court, it is thereupon ordered that a commission, with the said last will and testament annexed, issue to William
BOLING, Esq. Mayor of Uniontown in this county, authorizing and requiring him to take the deposition of the said Sarah
MILLER relative to the execution of the said last will and testament, and that he return the same duly certified by him, together with the said last will and testament and commission, forthwith to this Court.â€
And the examination and testimony of one of the attesting and subscribing witnesses John S. MILLER thereto and so reduced to writing and duly filed in
Court, reads in the words and figures following “ to wit.
“The State of
Ohio,
Muskingum County, ss. At a court of Common
Pleas, held at the
Court house in Zanesville, within and for the County aforesaid, on the 11th day of April 1851 the last will and testament of Henry
ROBERTS late of said County deceased, was produced at the above term and day in writing, and John S. MILLER one of the subscribing witnesses thereto being duly sworn and examined in open
Court, declared that said testator Henry
ROBERTS 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 his presence and in the presence of Sarah
MILLER and that he heard him acknowledge said instrument of writing as and for his last will and testament, and that he subscribed his name as witness thereto in his presenceâ€.
I certify that the foregoing testimony was taken in open
Court at the above term and day.
Attest: A. WILKINS,
Clerk.
And afterwards to wit on the 11th day of April 1851, agreeably to said order thereof was issued out of our said
Court a commission directed to William
BOLING, Esq., Mayor of Uniontown, in said County, which commission reads as follows.
“The State of
Ohio Muskingum County ss. To William
BOLING, Esq. Mayor of Uniontown in said County, Greeting: Whereas at the April Term A.D. 1851 of our
Court of Common
Pleas within and for the said County to wit, on this 11th day of April A.D. 1851, it was ordered by our said
Court that a Commission should issue to you, authorizing and requiring you to take the deposition of Sarah
MILLER, of said Uniontown, as one of the attesting and subscribing witnesses to the last will and testament of Henry
ROBERTS, late of said County, deceased, touching the execution of the said last will and testament. The said Sarah
MILLER being infirm and unable to attend Court; - You are therefore hereby authorized and required to proceed to take the deposition of the said Sarah
MILLER, as one of the attesting and subscribing witnesses to the said last will and testament touching the execution of the same, according to the statute in such case made and provided, (which said last will and testament is hereunto annexed for such purpose) and to return the same duly certified by you (together) with the said last will and testament and this commission, forthwith, to our said
Court, at the
Court House in Zanesville. Witness, the
Clerk and seal of our said
Court, at Zanesville, this 11th day of April, A.D. 1851.
Anth?. WILKINS,
ClerkBy Ch. C. RUSSELL,
Deputy.
Which said was afterwards returned to wit April 15th 1851, with the following deposition which reads in the words and figures following, to wit;
“Deposition of Sarah
MILLER taken a witness to the last will and testament of Henry
ROBERTS late of
Newton township
Muskingum County deceased being first duly sworn by me and follows.
Question, did Henry
ROBERTS sign this will in your presence
Answer, by witness yes sir he did.
Question, did you sign it as witness at his request and in his presence
Answer, by witness, yes sir I did.
Question, was he of lawfull age of sound mind and memory?
Answer, by witness, he was.
Question, was he under any restraint or compulsion to sign said will
Answer, by witness, not that I no of he was not. And further this deponent said not."
Sarah
MILLER {her mark}
I William
BOLING Mayor of Uniontown in
Newton township
Muskingum County Ohio, do hereby certify that the above named Sarah
MILLER was first duly sworn by me to her answers give to the questions asked her by me concerning the last will and testament of Henry
ROBERTS late of
Newton township (deceased) so writing by John S. MILLER at my request and in my presence. Whereof I have hereunto set my hand this 12th day of April A.D. 1851.
Wm. BOLING,
MayorCourt of Common
Pleas April Term 1851, to wit, April 15th 1851.
“William
BOLING, Esq. Mayor of Uniontown,
Muskingum County,
Ohio, to whom by order of this
Court made at the present term, a commission was issued authorizing and requiring him to take the deposition of Sarah
MILLER one of the attesting and subscribing witnesses to the last will and testament of Henry
ROBERTS, late of said county, deceased, relative to the execution of the said last will and testament, this day returned the said Commission (together with the said last will and testament which was thereunto annexed for such purpose) with the deposition of the said Sarah
MILLER in such behalf duly taken, reduced to writing, sworn to and certified, which said deposition is now on file in
Court here. And it appearing to the satisfaction of the
Court here from the said testimony of the said attesting and subscribing witness to the said last will and testament that the said testator was, at the time of executing his said last will and testament, of full age of sound mind and memory and not under any restraint, it was ordered that the said last will and testament be and the same is hereby admitted to probate, and that the same, together with the said testimony commission, deposition and this and the previous order in this behalf, all duly recorded.â€
WILL
“In the name of the benevolent Father of all I Henry
ROBERTS of the County of Muskingum and State of
Ohio, do make and publish this my last will and testament in the manner and form following.
1st It is my will that my funeral expences and all my just debts be fully paid.
Item 2nd I give devise and bequeath to my beloved wife Phebe
ROBERTS the farm on which we now reside situate in
Newton township Muskingum and state of
Ohio supposed to contain about one hundred and ninety nine acres during her natural life and one horse two milch cows and six head of sheep, also all the household furnature and other items not particularly named and otherwise disposed of in this will during her natural life as aforesaid and at the death of my said wife all the household furnature devised and bequeath to my wife as aforesaid or so much thereof as may then remain unexpended, to go to my daughter, Malinda
ROBERTS her heirs and assigns and at the death of my wife all the above mentioned farm to be divided between my two sons
Manly ROBERTS and Henry H. ROBERTS in the manner following, that is to say my son
Manly ROBERTS to have his share of said farm off the East end of the aforesaid farm agreeably to the survey and plat made by William
ANDERSON surveyor on the 1st day of June A.D. 1841 containing ninety two acres more ore less and the balance of said farm to go to my son Henry H. ROBERTS his heirs and assigns agreeably to a survey and plat made by same surveyor on the 1st day of June A.D. 1841 with the exception of the mansion house where I now live with three acres of land and all the out houses thereto attach, to be for my daughter Melinda
ROBERTS during her natural life, and at her death to go to my son
Harrison H. ROBERTS his heirs and assigns. In case my daughter Malinda should marry then the aforesaid houses and three acres of land to go to my son
Harrison H. ROBERTS his heirs and assigns.
Item 3rd I give devise and bequeath to my daughter Mary Ann
LEHEW and her children five hundred dollars to be paid by my son
Manly ROBERTS to be paid in the manner following that is to say, fifty dollars at the death of me and my wife, and fifty dollars every year thereafter without interest til the aforesaid sum of five hundred dollars is paid.
Item 4th I give and bequeath to my daughter Malinda
ROBERTS five hundred dollars to be paid by my son Henry H. ROBERTS in the manner following, that is to say, fifty dollars at the death of me and my wife and fifty dollars every year thereafter without interest til the aforesaid sum of five hundred dollars is paid and in case my daughter Malinda should die before the aforesaid sum of money is paid then and in that case it is not to be paid to any person.
Item 5th I give devise and bequeath to my son Henry H. ROBERTS the heavy wagon now belonging to me and the gear belonging to said wagon in aquivelent for the incumbrance on his tract of land above mentioned.
Item 6th I give devise and bequeath to my two sons
Manly ROBERTS and Henry H. ROBERTS all the stock and farming utencils belonging to me at my death and not otherwise disposed of in the foregoing will to be equally divided between them by two respectable persons.
Item 7th I give devise and bequeath to my three sons John
ROBERTS, Charles
ROBERTS and William
ROBERTS and to my daughters Elizabeth
FULTON and
Lucinda DOLSON one dollar each besides the land they have received of me in
Morgan County Ohio, to be paid by my two sons
Manly ROBERTS and Henry H. ROBERTS. And I lastly hereby constitute and appoint my two sons
Manly ROBERTS and Henry H. ROBERTS Executors of this my last will and testament revoking and annulling all former wills by me made and ratifying and confirming this and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and seal this 21st day of February A.D. 1848.
Henry
ROBERTS {seal}
Signed published and declared by the above named Henry
ROBERTS as and for the last will and testament in presence of us who at his request have signed as witnesses to the same:
John S. MILLER
Sarah
MILLER