Will of
Amelia Scott

 

Montgomery Co., OH Will Book C pg 232-

In the Name of God Amen.
I Amelia Scott late widdow of Robert Scott late deceased of the county of Montgomery and State of Ohio being far advanced in years, but of sound mind and memory knowing the certainty of Death and the uncertainty of this Mortal life and as it hath pleased got to bless me with some wordly Estate Do make publish and Constitute this and no other to be my last will and Testiment in manner following to wit. First I give and bequeath unto John G. LAW on of Jesse LAW one brass clock and Case to him the said John G. Law to have and to hold the same for Ever.
2. I give and bequeath to the said John G. Law all my goods and Chattles monies and effects of whatsoever name or nature may be at my Death to him the said John G. Law To have and to hold the same for Ever.
And lastly I Do nominate and appoint John Tate and James Russell my Executors to this my last will and testament Confiming this and non other to be my last will and Testament.
In witness whereof I the said Amelia Scott hath hereunto set my hand and seal this sixteenth Day of December in the year of our Lord one thousand Eight hundred an thirty seven

Amelia Scott (her mark)

Signed sealed & Declared by the above named Amelia Scott to be her last will & testament who caled on us the subscribing witness to witness the same
Federal Champion
Joseph Davis

The state of Ohio Court of Common Pleas
Montgomery County } S. S. March Term 1839

Personally appeared in open court Federal Champion who, being duly sworn, deposes and says, that the paper now before him, purporting to be the Last Will and Testament of Amelia Scott now deceased, was, by the said Amelia Scott acknowledged, published and declared to be her Last Will and Testament in the presence of this Deponent,; that the daid Deceased was of lawful age; that she was of sound and disposing mind and memory and under no restraint as he verily believes; that he subscribed the same as one of the witnesses in the presence, and at the request of the Testator and in the presence of Joseph Davis, the other subscribing witness; that the Deponent is a physician & attended the testator in her last illness & as her family physician for at least two years before her decease.

Federal Champion
Sworn & subscribed in open
Court the 4 day of April
1839
E. W. Davies Clk

Court of Common Pleas Montgomery County, Ohio Friday april 5th 1839. “The Last Will & testament of Amelia Scott having been produced in open Court and the testimony of Federal Champion & joseph Davis the two subscribing witnesses hereto was taken & reduced to writing,; and the Court not being yet satisfied with the proofs as to the execution of the said Will. It is ordered, on the request of John Tate the Executor named therein, that a Subpoena be issued for James Russell returnable forthwith to testify in the matter before this Court, upon further hearing.-

Court of common Pleas. Montgomery County O. April 6, 1839. James Russell, the witness for whom a subpoena was allowed on yesterday, appeared, and was examined by the Court, touching the execution of the Last Will & Testament of Amelia Scott; this deposition being reduced to writing, is ordered to be placed on file. - And the Court not yet being satisfied with the proof produced It is ordered that the matter stands continued until the next Term; and that the said John G. Law, the principal Legatee, named in said writing, and the executor herein named, have leave to cause subpoenas to be issued returnable at the next Term, for such other witnesses as they may think proper to produce for the probate thereof.

And now here, to wit, on Saturday the third day of August, in the Term of July 1839, of said Court of Common pleas for Montgomery County, Ohio.
The matter of the Will of Amelia Scott, which had been continued for further Testimony from the last Term f this Court. The Court having heard the further Testimony of Samuel Bigger in relation to the said Will, whose affidavit, now in file, is in these words, to wit:

State of Ohio
Montgomery County } S. S.
Samuel Bigger, of lawful age, being sworn, on his own oath says, that in the winter of 1837 he went to the house of Amelia Scott; he conversed with her frequently, being in the room with her during the day and at night both before and after she made her will of December 1837 and was at the house on the day she made her will but went away before James Russell came to write the will and witness believes her to be of sound mind and capable of making a will; he boarded in the family where Mrs. Scott lived for nearly three moths (sic) embracing time before and after the will was made; after the making of the will he did not hear her speak of it, but heard it spoken of in the family that she had made her will.

Samuel Bigger
Sworn in open Court this
2d August 1839. E. W. Davies Clk

And it appearing to the Court, upon examination of all the Testimony, that the said Amelia Scott at the time of making & executing said Will, was of full age & sound mind & memory and not under any restraint.
It is orderd (sic) that said Will proof which is reduced to writing be recorded.
And James Russell, one of the Executors, named in said Will, declining to act. It is on motion Ordered that Letters Testamentary be granted to John Tate, the remaining Exutor (sic) named in said will, upon his giving bond with George Dill & James Russell, as his sureties in the sum of fourteen hundred dollars. And the Court appoint George Dill, Henry Reeder & Lawson Allen, Appraisers;
And the said Executor was duly sworn & gave bond as ordered by the court.

The State of Ohio
Montgomery County } S. S.

To all whom these presents shall come Greeting: Whereas Amelia Scott late of Montgomery County aforesaid, deceased, did by her Last Will & Testament, make, ordain, constitute and appoint John Tate and James Russell, Executors of the same; And whereas at a Court of Common Pleas, holden at Dayton in said county on the third day of august in the year of our Lord one thousand and eight hundred and thirty nine before the Hon. William L. Helienstein President Judge and John Turner, Thomas Winters & George Olinger Esquires, Associate Judges of the Court of Common Pleas for the county aforesaid, the same Last Will & Testament was exhibited & duly proved and John Tate, one of the Executors therein named as aforesaid, having signified his willingness to accept the trusts eposed in him by the said Testatrix - (the said James Russell, one of the Executors named in said Will having, in writing declined to act as executor) Therefore be it known, that by the said Court of Common Pleas, Administration of all an singular the estate of the said Amelia Scott deceased, is hereby committed to the said John Tate, the remaining Executor as aforesaid to be administered by him according to Law and agreeably to the tenor of the said Last will & Testament: PROVIDED - however, that it shall be the duty of the said Executor to have all and singular the goods and chattels belonging to the Estate of the said Amelia Scott deceased, not otherwise disposed of by the said Last Will and Testament inventoried & appraised by eorge Dill, Henry Reeder & Lawson Allen of the county aforesaid, under oath or affirmation; & the said inventory & appraisement, together with an accurate statement of the debts due & owing to the estate of the said Deceased, to return to the office of the Clerk of the Court of Common Pleas of the county aforesaid within three months from the date hereof; And further to settle up the estate so far forth as the provisions of the said Last Will & Testament will admit within eighteen months from the date hereof to make & return to the said court of Common Please, as the law directs.

Witness E. W. Davies Clerk of the
Said Court of Common pleas for
Montgomery County, at Dayton
The third day of August Anno Domini
One thousand eight hundred and
Thirty nine.

E. W. Davies Clk

Submitted by: Linda Boorom


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