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Muskingum Co., OH Wills

Daniel Hammond Sr.


Daniel HAMMOND, Sr., Deceased
Muskingum County OH, Will Book - Page 148-149

The State of Ohio, Muskingum County, SS
Court of Common Pleas, August Term 1846, to Wit: August 16th, 1846.

The last Will and Testament of Daniel Hammond, Sr., late of Muskingum County, deceased, was this day produced in open court and duly proved by the oaths of Solomon Smith and James Carnes, the two attesting and subscribing witnesses thereto whose testimony was reduced to writing and filed. And, it appearing to the satisfaction of the Court, from the testimony aforesaid, that the said testator, at the time of executing his said last Will and Testament was of full age, of sound mind and memory, and not under any restraint, it was ordered that the said last Will and Testament be, and the same hereby is, admitted to probate. And that the said last Will and Testament, together with the testimony so reduced to writing and filed as aforesaid, be recorded. Whereupon it is ordered that letters testamentary be issued to James Hammond, the executor in said Will named, who being in open court, accepted said trust and entered into and acknowledged a bond in the final sum of five hundred dollars, with Joseph Cheny and James Carnes his sureties, conditioned according to law, which said bond and sureties are approved and accepted by the Court. Ordered that Joseph Cheny, James Carnes, and Joseph McCune appraise the personal estate of said testator.

WILL

In the name of God amen, I Daniel Hammond, Sr., of the County of Muskingum, and State of Ohio, being weak in body but of sound mind, memory, and understanding, considering the uncertainty of death, 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 and my body decently entered by the side of my dear companion.

Second, I will unto my sons John, Peter, Daniel, and James Hammond each one dollar in lieu of their right of dower to my real estate.

3rd, I bequeath unto the heirs of Henry S. Hammond, deceased, and widow, the fifty acres they now live on. It being a part of, off the south side of the southwest quarter of section twenty-four, to be sold when the youngest child comes of age. And the said widow and children to live on and have the use of said place till sold and, when sold, the proceeds to be equally divided among said heirs and widow, if there is a widow when sold.

4th, I give and bequeath unto my two youngest sons, Samuel Hammond and Jacob Hammond, the fifty acres, now in my possession, adjoining James Carnes, by the said Samuel and Jacob Hammond paying the children of Elizabeth Reasoner, deceased, sixty dollars, to be equally divided among them as they come of age, and to pay Mary Wycoff and Catherine Miller, my daughters, sixty dollars each within two years after my decease. And the eight acres of land adjoining Samuel Kimmerer and the personal property is to be sold and after all legal claims are paid the balance to be equally divided amongst my two daughters and Elizabeth’s children. In which I authorize my executors to make a deed for said eight acres of land to the purchaser. And I will my bed and bedding to Catherine Miller, and my steam pot to Mary Wycoff, and my best coat and jacket to my son Samuel Hammond, and the balance of all my clothes to my son John Hammond. And

Lastly, I appoint my son, James Hammond, to be my executor to this my last Will and Testament in which I authorize said executor to settle my business without having appraisers or making any settlement with the Court, more than to have the Will proven in Court and having it recorded on the record as other wills.

Revoking all former wills by me made and constituting this to be my last Will and Testament, whereof I have hereunto set my hand and seal this 16th day of January A. D. 1843. Signed by the within named Daniel Hammond, Sr., to be his last Will and Testament in the presence of the subscribing witnesses and, at his request, signed the same.
Daniel (his mark) Hammond, Sr.
Attest: Solomon Smith James Carnes

And the examination and testimony of the attending and subscribing witnesses so reduced to writing and filed in said Court and ordered to be recorded as aforesaid is now accordingly recorded as follows, to wit:
The State of Ohio, Muskingum County, SS
At a Court of Common Pleas, held at the Court House in Zanesville, within and for the county aforesaid on the 15th day of August 1846, the last Will and Testament of Daniel Hammond, Sr., late of said county, deceased, was produced at the above term and day in writing. And Solomon Smith and James Carnes, subscribing witnesses thereto, being duly sworn and examined in open Court, declared that said Testator Daniel Hammond, deceased, was at the time of executing and signing said last Will and Testament, of full age and sound mind and memory and free from any restraint, that he signed the same in their presence and that they heard him acknowledge said instrument of writing as, and for, his last Will and Testament, and that they subscribed their names as witnesses thereto in his presence. I certify that the foregoing testimony was taken in open court at the above term and day. Attest A. Wilkins, Clerk.

submitted by Jim Earles

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Last Revised: July 9, 2002