Transcription: Contributed by Arne
H Trelvik 24 Jun 2003
Source: WARREN COUNTY OHIO WILL RECORD BOOK 20, PAGES 497-499
Repository: Warren
County Ohio Records Center & Archives
Images:
On this 14th day of January AD1875 here is filed in court here for Probate
and Record the last will and Testament of Andrew Spence deceased. And at the
same time by me Henry Snell and Samuel Spence the subscribing witness thereto,
who being duly qualified, testify in Open court to the will and legal execution
thereof, and Attestation thereto and their testimony being duly reduced to writing
and subscribed and sworn to by them is placed on file, And the Court being fully
advised, did find that the said Andrew Spence was at the time of his death a
resident of the county of Warren and State of Ohio, That said Will was duly
and legally executed and acknowledged , and was attested according to law. That
at the time of the execution and attestation, of said will, said Testator was
of full age of sound and disposing mind and memory, and in the execution therof
he acted freely and voluntarily and not under any restraint. Wherefore it is
ordained that said will be, once the same is hereby admitted to probate, and
that with said proof it be recorded according to law.
J. W. Keys P.J.
Said will is as follows:
I Andrew Spence of the County of Warren and State of Ohio, do make and publish
this my last Will and Testament, in manner and form following that is to say,
First It is my will that my funeral expenses, and all my just debts be fully paid.
Second It is my will that my wife Elizabeth Spence, have the west rooms in the house in which I now live during her natural life, Also the use of the hall leading to the upper room above mentioned with the use of the parlor for the reception of company Together with all the furniture my wife brought to my house, as purchased with her money.
Third It is my will that my son David W. Spence is to have the farm on which I now live, with the ?_____? incumberences at a price fixed by three disinterested freeholders .
Fourth It is my will that my son Findley Spence is to have the farm that I bought from Jackson ?_____? containing about One hundred Acres. Also a tract of land I bought from John ?_____? containing about twenty five and one quarter acres, the value of the last named lots as parcels of land to be valued in the manner mentioned in regard to the first lands. It is my will than my son Findley have in addition to the above lands adjoining the above lands, a lot of land purchased from Samuel Craig, containing about two and one half acres.
Fifth It is my will that my children all share equal in all my estate, both personal and real, except that my children that has remained at home and labored with me since their arriving at the years of maturity, shall have a reasonable compensation for such labor And it is my desire that my children that is David and Findley divide the above named land with my other children if they consider it their interest so to divide if the parties did not so divide the land, they my sons David & Findley is to pay the appraised value in six equal payments to the balance of my heirs with four per cent interest on the defered payments.
It is my will notwithstanding what has been written above that Hannah my daughter is not to receive her equal share, but in lieu thereof she is to receive Ninety six dollars per year during her natural life and at her death her interest goes to the heirs of her body if she has any, and if not the above mentioned share to revert back to the heirs of her father. It is understood that the above named land is not to be divided until all my debts is paid, which is to be paid out of the rent of the farm, the rent to be arranged by other disinterested freeholders provided the heirs cannot agree on the amount of said rent, the farm to be ?_____ight? by my Executors if they see proper until all my debts be fully paid.
Sixth It is my will that my executors pay to my wife one hundred and fifty Dollars per annum out of my Estate, and if at any time my wife should leave the premises we now live on she then will have her annual payment enlarged to the sum of Two Hundred Dollars.
And Lastly, I hereby constitute and appoint my sons David and Findley to be the Executors for this my last will and Testament.
In testimony where of I have hereunto set my hand and seal this nineteenth
day of December Eighteen hundred and Sixty.
Andrew Spence {seal}
Signed published and declared by the above named Andrew Spence as for his last Will and Testament in presence of us who at his request have signed as Witness to the same. Henry Snell, Samuel Spence
The State of Ohio, SS
Warren County SS Warren Probate Court
Probate of the last will of Andrew Spence deceased as presented on the 14th
day of January AD 1875, Personally appeared in Open court Henry Snell one of
the Subscribing Witness' to the last will and Testament of Andrew Spence deceased,
who being duly qualified according to law, to speak the truth the whole truth
and nothing but the truth in relation to the Executors and attestation of said
Will depose and say that said Andrew Spence was at the time of his death a resident
of the County of Warren and State of Ohio, that he was present at the making
of said Will and at the request of the deceased, subscribed his name to said
Will as a Witness in the presence of the deceased and of the Other subscribing
witness, that he saw the said Andrew Spence, deceased, sign and seal said Will
and Testament: That the said Andrew Spence was at the time of the Execution
and attestation of said Will, of full age, of sound and disposing mind and memory,
and in the execution of the same he acted freely and voluntarily and not under
any restraint.
J. W. Keys, Probate Judge
The State of Ohio, Warren County ss; Warren Probate Court
Probate of the last will of Andrew Spence deceased, presented on the 14th day
of January AD 1875, Personally appeared in Open Court Samuel Spence on of the
subscribe ing Witness to the last will and Testament of Andrew Spence deceased,
who being duly qualified according to law to speak the truth the whole truth
and nothing but the truth in relation to the execution and attestation of said
will deposes and says that said Andrew Spence was at the time of his death a
resident of the county of Warren and Sate of Ohio that he was present at the
making of said Will, and at the request of the deceased, subscribed his name
to said will as a witness in the presence of the deceased and of the other subscribing
witness; that he saw the said Andrew Spence deceased, sign and seal said Will,
and heard him acknowledge the said to be his last Will and Testament; That the
said Andrew Spence was at the time of the execution and attestation of said
will of full age, of sound and disposing mind and memory, and in the execution
of the same acted freely and voluntarily, and not under any restraint.
Sworn to and Subscribed in open court this 14th day of January AD 1875;
Samuel Spence, J. W. Keys Probate Judge
This page updated
03-Sep-2003
© 2003 Arne H Trelvik
All rights reserved