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| Journals, 1849-1849 [FHL #317668] vol E p. 310 -311 Image courtesy of cousin Bonnie |
Daniel Mathias' Will
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The State of Ohio Gallia County ss
Be it remembered that at a court of Common Pleas with
in and for the said county of Gallia held at the Court House in the Town of Gallipolis on the twentieth day of May in the year of our Lord one thousand eight hundred and forty Eight before the Honorable William V Peck, Joseph W Ross Daniel G Whiton and Moses R Mathews associate Judges the last will and testament of David Mathias late of this county deceased was brought before the court and was proved by the oath of R S Kerr and Daniel Davis two of the witnesses thereto whose examinations were allowed to writing and it appearing to the satisfaction of the court that the said Daniel Mathias at the time of executing said will was of full age and of sound mind and memory and not under any restraint, It is ordered that said will and the proof so received to writing be record
ed which are in the words and figures following to witt; I the name of the benevolent Father of all, I Daniel Mathias being of sound mind do hereby make and publish this my last Will and Testament. First I give and bequeath unto my beloved daughters Rachel Mary
Hannah and Sarah each one dollar Second I give and bequeath unto my beloved son David after the payment of all my just debts and funeral expenses and after the death of my beloved wife and not before the north West quarter of the North East quarter of section No seven Township No six 6 Range No sixteen 16 also all the property that may be mine remains of my Estate. In Testimony whereof I have hereunto set my hand and seal this the 12th day of April A D 1848 Daniel Mathias {seal}
Signed Sealed and delivered by Daniel Mathias in our presence and signed by us in his presence this 12th day of April A D 1848 Richard S Kerr Daniel x Davis mark
In the matter of the last will and testament of Daniel Mathias late of Gallia County deceased Richard S Kerr and Daniel Davis make oathe and state to the Court that they heard the testator declare the paper produced in court to be his last will and testament that he was of sane mind over twenty one years of age and not under any restraint at the time that they signed the same as witnesses in his presence and at his request and are informed and believe that the testator is since dead. R. S. Kerr Daniel Davis his x mark
Sworn to and Subscribed in open Court May 20th 1848. Attest S. B. Drouillard Dep Clk. And afterwards to witt at a Court of Common Pleas within and for the County of Gallia aforesaid held at the Court House aforesaid on the twelfth day of August in the year last aforesaid on application and it appearing that there is no executor named in the last Will and testament of Daniel Mathias late of this county deceased proved at the last Term of this Court. It is ordered that David Williams be and he is hereby appointed administrator with the will annexed of the said Daniel Mathias and therefore the said David Williams came before the court and accepted said appointment and gave bond to the acceptance of the Court with Rees Harris and David Mathias his securities in penalty of Two Hundred dollars Conditioned according to Law.
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