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Page 194 |
Last Will of J. J. Blue,
Deceased.
(Found at Ancestry.com)
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Be it remembered that at a term of Probate court
of Williams County, Ohio, held in the Court house, in the
village of Bryan, in said county and state, before F. M.
Frazier, Judge, on the 17th, day of February A. D. 1908, the following
proceedings were begun and held, to-wit:.
Application to admit Will to Probate. |
State of Ohio, Williams County, ss. |
In Probate Court. |
Dennis S. Blue being duly sworn says that J.
J. Blue a resident of the township of Superior in said
county, died testate on or about the __ day of January A.D.,
1908.
Said affiant now comes and produces in court a paper writing
purporting to be the last will and testament of the said J.
J. Blue, deceased, and asks to have the same admitted to
probate as and for the last will and tesament of the said J.
J. Blue deceased. He further says that the said J.
J. Blue, died, leaving the following named persons his widow
and next of kin:
Name. |
Degree of Kinship |
P. O. Address |
Elizabeth Blue |
Widow, |
Montpelier, O. |
Chas. E. Blue |
Son, |
Montpelier, O. |
Maud Scoville, |
Daughter, |
|
Blanch Dutton, |
Daughter |
Winnepeg, Canada |
Fern Blue, |
Daughter |
Montpelier, O. |
Blair Blue, |
Son, |
Greenbush, N. W. |
Claud Blue, |
Son |
Montpelier, O. |
He therefore asks that the Court fix
a day for the hearing of the applicaiton, and that the widow and
next of kin of said decedent resident in this State, be notified
of said time of hearing according to law. |
|
Signed Dennis S. Blue |
Subscribed
in my presence and sworn to before me this 17th day of February
A. D., 1908. |
(SEAL) |
F. M. Frazier, Probate Judge. |
On February 17, 1900, the following
order was filed: |
In the matter of the will of
J. J. Blue, deceased |
Filing of Will. February 17, 1908. |
This day
an instrument of writing, purporting to the last will of J.
J. Blue late of Superior Township, in this county, deceased,
wsa produced in open court for probate. It is now ordered
that the said will be filed in this court, and that due notice
thereof and of the application to admit the same to probate and
record, be given to the widow and next of kin of the testator,
resident of the state of Ohio, and that said application will be
for hearing before this Court, on the 21st day of February A.
D., 1908, at 10 o'clock A.M., and this cause is continued. |
|
F. M. Frazier, Probate Judge |
On February 21, 1908, the following
notice was returned and filed: |
In the matter of the will of
J. J. Blue, deceased |
Notice of Probate. Notice to next of Kin. |
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Page 195 |
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To Elizabeth Blue, Chas. E.
Blue, Claud Blue and Fern Blue. You are hereby
notified that on the 17ty day of February A.D. 1908 an
instrument of writing, purporting to be the last will and
testament of J. J. Blue late of Superior Township, in
said County, deceased, was produced in open court, and an
application to admit the same to probate was on the same day
made in said court. Said application will be for hearing
before said Court on the 21st day of February 1908 at 10 o'clock
A.M. |
(Seal) |
F. M. Frazier, Probate Judge. |
We, the undersigned persons within
named, hereby acknowledge service or the within named notice,
this 18 day of February 1908. Chas E. Blue, Ferne Blue,
Elizabeth Blue, Claude S. Blue. |
On February 21, 1908, the following testimony was taken and
filed: |
The State of Ohio, Williams County, ss. |
In Probate Court, Probate of Will |
Personally
appeared in open court C. H. Boone and J. D. Hill
the subscribing witnesses to the last will and testament of
J. J. Blue late of Superior Township in said Williams
County, deceased; who being duly sworn according to law, to
speak the truth, the whole truth, and nothing but the truth, in
relation to the execution of said will; depose and say:
That the paper before them bearing date the 26th day of December
A. D. 1907, purporting to be the last will and testament of
J. J. Blue now deceased, is the will of said deceased J.
J. Blue, that they were present at the execution of said
will, and at the request of the testator, respectively
subscribed their names to the same as witness, in his presence;
that they saw the said J. J. Blue deceased, sign and seal
said will, and heard him acknowledge the same to be his last
will and testament, and that said J. J. Blue at time of
making, signing and sealing said will, was of full age, of sound
mind and memory, and not under any restraint. |
|
C. H. Boone. J. D. Hill. |
Sworn to
and subscribed by said witnesses, in open court this 21 day of
February A.D., 1908. |
(SEAL) |
F. M. Frazier, Probate Judge. |
On February 21, 1908, the following
order was made and filed: |
In the matter of the will of
J. J. Blue, deceased |
Admitting to probate and record. February 21, 1908 |
This
matter came on this day further to be heard, on the application
of Dennis S. Blue to admit to probate and record the will
of J. J. Blue deceased, heretofore filed in this court
therefor. And it now being shown to the satisfaction or
the court that due notice of the filing of said will and of the
application to admit it to probate and record in this court has
been given to the widow and next of kin of said testator
residents of Ohio; C. H. Boone and J. D. Hill the
subscribing witnesses to said will having this day appeared in
open court, and having been duly sworn, testified to the due
execution and attestation of said will; which testimony was
reduced to writing, was subscribed by them respectively and was
filed with said will. Whereupon the court finds that the
aforesaid instrument of writing is the last will and testament
of said J. J. Blue deceased; that it was duly executed
and attestated; that the said testator, at the time of signing
said will, was of lawful age, of sound mind and memory, and not
under any restraint. It is therefor by the court ordered,
that the said will be admitted to probate, and that these
proceedings, together with the said testimony of the witnesses
above named, be entered of final record in this court, and that
the cost herein taxed at $...... are ordered paid out of
decedent's estate. |
|
F. M. Frazier, Probate Judge. |
Said Last
Will and Testament is in the words and figures as follows:
In the name of the Beloved Father of All: Amen. I, J.
J. Blue, of the village of Montpelier, County of Williams
and State of Ohio, being about 67 years of age, and being of
sound and disposing mind and memory, do make, publish and
declare this my last will and testament, hereby revoking and
making null and void all other last wills and testaments by me
made heretofore:
First: My Will is, that all my just debts and funeral
expenses shall be paid out of my estate, as soon after my
decease as shall be found convenient. |
Page 196 |
Second: I give, devise and bequeath
to my daughter Fern Blue from my personal estate, the sum
of fifteen hundred dollars ($1500.00).
Third: I give, devise and bequeath to my daughter Maude
Scoville, from my personal estate the sum of five hundred
dollars ($500.00).
Fourth: From the remainder of my personal estate I direct that
my executor shall expend the sum one thousand ($1000.00) dollars
in erecting a suitable monument for myself and wife.
Fifth: I give, devise and bequeath to my beloved wife in
lieu of her dower and years support all of the balance of my
personal estate of which I may die possessed. I also give
and devise to my said wife so long as she shall remain unmarried
the use of all my real estate of which I may die seized.
Sixth: Subject to the bequest made to my wife in Item
fifth, I give, devise and bequeath to my children, Maude
Scoville, Blanch Dutton and Claude Blue, share and
share alike, all of the real estate of which I may die seized
located within the village of Montpellier, Ohio as now bounded.
Seventh: Subject to the bequest made in item fifth, I
give, devise and bequeath to my daughter Fern Blue,
twenty five (25) acres of land taken off of hte entire north end
of the east half of the north east quarter of section fifteen,
town seven north of range two east and to my son Blair Blue
the remaining thirty five acres owned by me in said east half of
said quarter of said section.
Eighth: I nominate and appoint Dennis Blue as the
executor of this my last will and testament and request of my
said wife and children that they carry out the provisions of
this will by agreement among themselves and avoid a public
administration. If any of my children should contest the
validity of this will, it is my will that any bequest made to
him or her shall fail and be added to the bequest of my said
wife.
In testimony whereof, I have set my hand to this my
last will and testament, at Montpelier, Ohio, this 26th day of
December, in the year of our Lord one thousand nine hundred and
seven. |
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J. J. Blue |
The
foregoing instrument was signed by the said J. J. Blue in
our presence, and by him published and declared as and for his
last will and testament, and at his request, and in his
presence, and in the presence of each other, we hereunto
subscribe our names as attesting witnesses at Montpelier, Ohio,
this 26th day of December A.D. 1907. |
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C. H. Boone, resides at Montpelier, Ohio
J. D. Hill, resides at Montpelier, Ohio |
ELECTION OF WIDOW.
And now comes Elizabeth Blue widow of J. J. Blue
deceased, and in open court makes her election as follows,
to-wit |
The State of Ohio, Williams County, ss. |
In the Probate Court. February 18,
1908. |
I,
Elizabeth Blue, widow of J. J. Blue, late of
Montpelier, Ohio, deceased, hereby elect to take the provisions
made for me in this last will and testament, in lieu of any
dower interest, and distributive share of his estate. |
|
Elizabeth Blue. |
Signed in
open court this 18 day of February 1908 |
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F. M. Frazier, Probate Judge. |
WHEREUPON, The court caused the
following entry to be spread upon its journal: |
In the Matter of the Will of
J. J. Blue, deceased. |
February 21, 1908. |
This day
Elizabeth Blue, widow of J. J. Blue, deceased,
appeared in open court, and made her election to take the
provisions made for her in the will of her late consort in lieu
of her dower and distributive share of his estate. |
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F. M. Frazier, Probate Judge. |
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NOTES:
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