(Posted on behalf of contributor, Jeff Miller. This will can be found on file at the Muskingum County Recorder's office)
"Probate Court within and for The State of Ohio, Muskingum County December 9, 1863.
This day the last Will and Testament of Jacob Swigger late of Muskingum County Ohio, deceased wsa produced in writing in open Court and duly proved by the oaths of John M. Lane and Charles Farrell the attesting and subscribing witnesses to said Will, whose testimony in this behalf was reduced to writing and duly filed, and thereupon it appearing to the Court from the said testimony that said will was duly executed and attested and that said testator Jacob Swigger deceased, was, at the time of executing and signing the same of full age, and sound mind and memory and free from any restraint; It is ordered that said last will and Testament be and the same is hereby admitted to Probate, and that the same together with the said testimony and this entry be duly recorded." William Mason Probate Judge
"In the name of the Benevolent Father of All I Jacob Swigger of the County of Muskingum and State of Ohio do make and publish this my last will and testament.
Item 1st It is my wish and desire that my beloved wife Mary shall receive in lieu of her dower her support and maintainance off of the farm on which we now reside situate in the County of Muskingum and State of Ohio and being the east part of Lot No. five (5) in the 2nd quarter of township two & Range Seven and in the united States Military district estimated to contain Seventy one Acres: it is also my wish and desire that she shall remain and have possession of the dwelling house on said farm so long as she lives; together with all of the house hold furniture also two cows[.] It is also my wish and desire that my two sons Jacob & William Swiggert after my decease shall remain in the house with my said widow if so they desire and farm said place together and receive an equal Interest from the proceeds of said farm after the widow receive her support. It is also my wish and desire that my daughter Barbara Ann Swiggert shall remain with her Mother on said homestead so long as she remains unmarried and have her support from the proceeds of said farm and I also give and devise to said Barbara Ann one cow. At the death of my said wife if she survivies me I give & devise to my two sons Jacob Swiggert and William Swiggert the real estate aforesaid to be equally divided between them & by them if they can agree. If however either of my said two sons should die before the decease of my said wife leaving no heirs the surviving son shall receive the whole of said farm.
I also give and devise to my two sons Jacob and William all the remaining Stock of every description Also all farming utensils to be equally divided between them at my decease.
I desire that no appraisement and no sale of any of the above and within described property shall be made.
In testimony hereof I have set my hand and Seal this 7th day of January AD 1859. Jacob Swigger x his mark
Signed and acknowledged by said Jacob Swigger as his last will and testament in our presence and signed by us in his presence.
John M. Lane
Charles Ferrell"
(ed. The widow and two boys sold the real property March 18, 1864. No provision was made in the Will for Jacob and Mary's eldest daughter Mariah nor for any children from Jacob's first marriage.)