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Source:
History of Jefferson
Ashtabula Co., Ohio
Publ. Jefferson, O.
J. A. HOWELLS & COMPANY
1878
WILLS
HORATIO N. SMALLEY
In the Matter of the Will of Horatio N. Smalley,
Deceased.
Be it remembered that heretofore to wit: at the Probate Court held
at the Court House in the Village of Jefferson within and for the
County of Ashtabula and State of Ohio on the 9th day of March, A. D.
1885, came Charles E. Warner and produced in open Court a
paper writing to wit:
A will purporting to be the last will and testament of Horatio N.
Smalley, late of Jefferson in the County of Ashtabula and State
of Ohio, deceased, and filed herein his applicaiton for the Probate
thereof, and which said will and application are in the words and
figures following to wit:
WILL.
In the name of the Benevolent Father of all, I
Horatio N. Smalley of Jefferson in the County of Ashtabula and
State of Ohio, do make and publish this my last will and testament.
Item 1st It is my will that all of my just debts
funeral expenses and charges of administering my estate be first
paid from my estate.
Item 2d. I give and devise to my daughter in law
Lucy Smalley wife of my son Imri Smalley during the
period of her natural life my house and lot at the corner of
Ashtabula and Chestnut Streets in the Village of Jefferson in the
County of Ashtabula and State of Ohio, including in said lot all the
land I now own in lot number forty two on Ashtabula Street in said
Village and the land between said lot and said Ashtabula Street
formerly laid out as a public square being the house and lot now
occupied by the said Lucy Smalley and her family, and bounded
North by said Ashtabula Street and West by Chestnut Street in said
Village of Jefferson. I also give and beqaueath to the said
Lucy Smalley the sum of two hundred dollars to be paid in money.
Item 3d. After the decease of the said Lucy
Smalley, I give and devise the house and lot of land described
in item 2d above of this will to the children of my son Imri
Smalley and the said Lucy Smalley by them in lawful
wedlock be gotten to be equally divided between them and to be to
them and their heirs and assigns forever.
Item 4th. I give and devise to my daughter
Mary E. Smalleythe homestead where I now reside being the whole
of Village & lot number fifty-six (56) on Ashtabula Street in the
Village of Jefferson in the County of Ashtabula and State of Ohio,
containing two acres of land more or less, to be to her an her heirs
and assigns forever. I also give and bequeath to my said
daughter Mary E. Smalley all my household goods , books,
pictures, furniture, crockery, silverware, tableware, stores, beds
and bedding, and all household ornaments and fixtures which I may
own at the time of my decease. I also give and bequeath to the
said Mary E. Smalley the sum of two hundred dollars to be
paid to her in money.
Item 5th. I give and bequeath to my daughter
Augusta B. Pingreythe the sum of two -------- hundred dollars to
be paid in money.
Item 6th. I give and bequeath to my grand
children Fred Pingrey, Frank Pingrey, Laura G. Pingrey, William
Walter Smalley and Glen Stewart Smalley each the sum of
Fifty dollars ($50) to be paid to them at such time as the executor
and trustee of this will herein after named shall think best for the
interest of said grand-children.
Item 7th. All the rest and residue of my personal
estate and the proceeds of my real estate not disposed by the
proceeding six items of this will, I give, devise and bequeath as
follows, to wit: To my daughter Augusta B. Pingrey one
forth part thereof, to my daughter Mary E. Smalley one fourth
part thereof, to my sonS. Dwight Smalley one fourth part
thereof and to my daughter in law Lucy Smalley and her
children by my son Imri Smalley the remaining one fourth part
thereof said last fourth to be equally divided between the said
Lucy and her children, And in case the said Lucy
should die before my death then her share of said one fourth I give
and bequeath to her said children.
Item 8th. I hereby nominate and appoint Edward
E. Wade of Jefferson, Ashtabula County, Ohio, Executor of and
trustee under this my Last will and testament, And i hereby
authorize empower and direct said executor and trustee to sell all
of my lands and real estate not hereinbefore specifically given and
devised by the items of this will at public or private sale and at
such time and upon such terms of credit as he may think for the
interest of my estate, without any application to or order of
any Court therefore, and deeds to purchasers to execute and deliver
in fee simple. I also authorize and direct said trustee and
executor to first pay all of my debts funeral expenses and charges
and expenses of administering my estate and the legacies to be paid
in money hereinbefore mentioned from my personal estate and the
proceeds of said real estate so to be by him sold as aforesaid as
soon as practicably after my decease, excepting the legacies to my
said grand children who have not arrived at the age of majority.
And I authorize said executor and trustee to retain the legacies to
said grand children including the residuary share to the children of
my said son Imri Smalley until they respectively
arrive at age, or expend for the same for their education or support
as he may deem best, And in case of the death resignation or refusal
to act of thesaid Edward C. Wade, as Executor & Trustee, I
then nominate and appoint Charles E. Warren of
Jefferson Ohio as executor & Trustee in his place and stead with all
the powers conferred upon the said Edward C. Wade as such
Executors & Trustee above enumerated and stated.
I hereby revoke all former wills and codicils by me made.
In testimony hereof I hereunto set my hand and seal
this 27th day of September A. D. 1884.
H. N. Smalley (Seal)
Signed sealed and acknowledged by the
said Horatio N. Smalley as his last will and testament in our
presence and signed by us as witnesses in his presence & in presence
of each other. C. H. Simond, F. H. Woodbury
(SHARON WICK'S NOTE: There are other papers in addition to
this will at the County Courthouse in Jefferson, Ashtabula County,
Ohio. It can also be viewed at www.ancestry.com) |
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