Thomas Evans (1788-1875)
1875 Will Record

Estate of Thomas Evans Dec’d.

On this 8th day of November AD 1875 there is filed in court here for Probate and Record, the last will and Testament of Thomas Evans deceased, and at the same time come Thomas F. Thompson and Josiah Morrow the subscribing witness’ thereto who being duly qualified, testified in open court to the execution and acknowledgement thereof and attestation thereto, and their testimony being duly recorded to writing and subscribed and affirmed to by them, the same is placed on file.

And the court being fully advised ___ find that the said Thomas Evans was at the time of his death, a resident of the county of Warren and State of Ohio, that said will was legally executed and acknowledged and was attested according to law.

That at the time of the execution of said Last Will, said testator was of full age, of sound and disposing mind and memory, and in the execution thereof, he acted freely and voluntarily and not under any restraint.

Therefore it is ordered that said Will be ___ the ___ is hereby admitted to Probate and ___ ___ ___ pray it be recorded according to law
J. W. Keys, P. J.
Said will is in the following ___ and ___

In the name of God Amen I Thomas Evans of the County of Warren & State of Ohio being weak in body but of Sound Mind & Memory do make & publish this my last Will & Testament

1st
I wish my body to be decently buried but without display
2nd
I wish all my debts paid & my claims collected as soon after my decease as practicable.
3rd
I give & devise to my children William & John & Elizabeth & Mary A & Jane & Sarah &Lewis D or their representatives all my Estate real & personal to be equally divided between them Share & Share alike – the representatives of Each Child taking the share that would have came to such child if living.
4th
I hereby authorize My Executors to sell & dispose of all my personal property either at public or private Sale as they shall deem best, And I also authorize & empower them to sell the whole or any part of my real estate at public or private sale at their own discretion for the best price that can be had for the same & an such terms for cash in hand or on credit as to them shall seem best for the interest of my estate & in the mean time until such sale can beprudently made to lease or rent the same accounting for the rents & profits thereof to my devisers herein named and when the same shall be sold to convey to the said real estate to the purchaser or purchasers thereof in fee Simple & I direct that said Sale or Sales of real as well as personal estate and said Conveyances of Real Estate shall be made by my executors without any proceedings in & we thank any Order of Court for that purpose.
5th
And whereas I hold two due Bills or Notes for $1000 Each – Entering? on my son William & the other on David Colbert It is my will that Each account for the same without interest and the final Settlement of my estate nor shall they be compelled “to pay” [interlined text] any part-thereof to My Executors unless it be necessary to an equal distribution of my estate including said Due Bills or notes, the Colbert Due Bill is to be taken as an advancement to his wife to be accounted for as above.

6th
I appoint my Sons William & John Executors of this My Last Will & Testament and I direct that they Shall not be compelled unless required so to do by the other devisers herein to give any bond in taking out letters Testamentary - nor to file any inventtory or Sale Bill or Make Settlement in or before the Court But any settlement Satisfactorily made by them or the survivors of them with the devisers herein named Shall be to them when complied with a Sufficient discharge & should either of them fail to take out letters the other one or in case of death the survivor of them in any event shall be empowered & is hereby authorized & directed to do & perform all things herein required by both of them And I hereby revoke & annul all former Wills Made by me heretofore In Testimony whereas I have hereunto Set My hand & Seal this day of February A D 1864

Thomas Evans {seal}
Signed & Acknowledgely said Thomas Evans as his last Will & Testament in our presence & signed by us in his presence at his request as witnesses thereto after the interlineation of the words “to pay” in the 5th Clause

Thos F. Thompson {signature}
Josiah Morrow {signature}

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