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WILL of JAMES WITHROW Contributed by Marlene Messler   Withrow, James - June 9th, 1851 In the name of the Benevolent Father of All:  I James Withrow of Oxford, Butler County, Ohio publish this my last will and testament:  I give my beloved wife, in lieu of her dower the lot and house in which we now reside Also my Out lot recently purchased of George Maikee.  All situate in said town County and State aforesaid during her natural life; And all the stock, household goods furniture provisions and other goods and chattels which may be therein at the time of my decease during her natural life aforesaid excepting one half of the same which she is to have and dispose as she pleases Also all the China Table and Cuckeryware to sue and dispose of as she deems proper.  I also give her at my death Four Hundred Dollars in money that may be collected or bear hands as the case may be and in addition to said Amt. One hundred dollars of the Claim which I hold against Lewis and Forte if can be realized therefrom. In case my wife wishes and the majority of the heirs and herself can agree as to the sale of my real estate and the proportional amount of the proceeds that shall go to each I do hereby authorize my executor hereinafter mentioned to sell and execute deed or deeds for the same and make a division of the proceeds accordingly. At the death of my said wife the real estate aforesaid if remain unsold and such __s of the personal property or the proceeds thereof as I receive that remain unconsumed. I give and devise to my heirs as follows to wit, Samuel Withrow, John Withrow, James Withrow's heirs and Phaes Elizabeth Hagen and Joseph Pharis the division to made equally.  I do hereby ____nate and appoint William T. Smith, Esq. of my lat will and testament hereby authorizing him to compromise or settle the claims due me. I do hereby authorize and empower him in case my heirs aforesaid cannot mutually agree as to the division of sd real estate among themselves if it remain unsold at the of my wife to sell the same and execute deeds for it & divide the proceeds equally among them. I do wish my executor aforesaid to pay all honest debts that may be against me out of the proceeds of my estate. In testimony whereof I have hereunto set my hand and seal this 7th day of April AD 1848.                                                                                                                                            James Withrow (seal) Signed and acknowledged by said James Withrow as his Last Will & Testament in our presence and signed by us in his presence. Josiah Smith Martha J. Felton Wm T. Smith The State of Ohio Butler County ss.      Court of Common Please May Term 1851. Be it remembered that at a Court of Common Please of the County of Butler aforesaid holden at Hamilton in the said County of Butler in the ninth day of June in the term of May 1851 Before the Honorable Nehemiah Wade, Jeremiah Ma_ten and Said Joseph Traber Esquires Associates Judges of __ said Court of Common Pleas; The ___hin or before written lat will and testament of James Withrow who is now deceased being presented for Probate and Martha J. Hazeltine late married of Felton Josiah Smith the subscribing witnesses to the said last Will and Testament appearing in their proper persons in open court and being duly sworn severally deposed and say and each of them for himself deposeth and saith that in his and their presence the said James Withrow the testator subscribed acknowledged and declared the within or before writing as and for his last will and testament and that at the time of the said signing and acknowledging and acknowledging the said testator was of sound and disposing mind memory and judgment, over 21 years of age and under no restraint as they verify believe, and that at the request and in the presence of teh said testator they, the said witnesses above named subscribed their names as witnesses to the said last will and testament. Sworn & Subscribed in Open Court the 9th day of June 1851 -                                                     Martha J. Hazeltine James McBride Clerk of Butler Common Pleas. Whereas I James Withrow of the town of Oxford Butler County State of Ohio in the 27th day of April 1848 made by last will and testament of that date and I do hereby declare the following a codocil to the same.  That part of my estate in said will bequeathed to the heirs of my son James Withrow I order and direct shall he dispose of as follows.  1st the funeral expenses of said James Withrow amounting to thirty dollars shall be first of said to Thomas Hagan (who took care of said James in his last sickness) out of said part,  2nd my executor shall next pay out of said part the expense of erecting to the memory of said James Withrow (now deceased) a suitable head and foot stone not exceeding twenty dollars, and the ballance of said share shall be by my executor paid over to my son Samuel Withrow and by him distributed in equal proportions to said heirs. Secondly, I hereby order and direct that my executor shall cause to be erected at the Grave of my first (now deceased wife) a suitable Grave stone. I do hereby Consitute and Appoint Henry Smith executor of my estate in place of Wm. T. Smith now deceased. In Testimony Whereof I have hereunto set my and and seal the 6th day of February A. D. 1851.                                                                                                                                                                 James Withrow (seal) Signed Sealed and Acknowledged In the presence and signed by us in his presence and at his request as Witnesses thereto Peter Sutton Samuel Goth The State of Ohio Butler County ss.                                                    Court of Common please May Term 1851. Be it Remembered that at a Court of Common please of the County of Butler aforesaid holden at Hamilton in the said County of Butler on the ninth day of June in the term of May 1851 Before the Honorable Nehemiah Wade Jeremiah Marston? and Joseph Traber Esquires Associates Judges of our said Court of Common Pleas; the within or before written Codocil to the last Will and Testament of James Withrow who is now dec'd being presented for Probate and Peter Sutton and Samuel Goth the subscribing witnesses to the said Codocil of the last Will & Testament appearing in their proper persons in open court __ being duly affirmed severally say and each of them for himself saith that in his and their presence of said James Withrow the Testator subscribed acknowledged and declared the ____ the or before writing as and for a codocil to his last will and testament and that at the time of the said signing and acknowledging the said testator was of sound and disposing mind memory and judgment over 21 years of age and under no restraint as they verify believe, and that at teh request and in the presence of the said testator they the said Peter Sutton and Saml Goth subscribed their names as witnesses to the said last will and testament.                                                                                                                             Peter Sutton )                                                                                                                                                   }                                                                                                                                Saml. Goth) Sworn to and subscribed in open court the 9th day of June 1851 James McBride, Clerk of Butler Common Pleas.                                                                                                               . .