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Muskingum Co., OH Wills

Abraham Stotts


Abraham Stotts, deceased

The State of Ohio, Muskingum County, Js. Court of Common Pleas September Term 1851 to wit, October 11th 1851.

“The last will and testament of Abraham Stotts, late of Muskingum County deceased was this day produced in open Court and duly proved by the oaths of Patrick McGavack, Henry Decker and Joseph Huffman, the three attesting and subscribing witnesses thereto, whose testimony in such behalf was reduced to writing and duly filed. And it appearing to the satisfaction of the Court from the said testimony that the said testator was at the time of executing his said last will and testament of full age, of sound mind and memory and not under any restraint, it was therefore ordered that the said last will and testament be, and the same is hereby admitted to probate, and the same together with the said testimony and this entry of probate be duly recorded.”

Will

“I Abraham Stotts (Sen.) of Washington township Muskingum County, Ohio, being weak in body , but of sound and disposing mind, memory, and understanding; thanks be to Almighty God for the same. Do make and publish this my last Will and Testament as follows.

First, It is my Will, that my Funeral expenses, and all my just debts be fully paid.

Second, I give devise and bequeath to my beloved wife Eliza Stotts, in lieu of her dower and for the support and maintenance of my minor children; without sale or appraisement, the farm on which I now reside in Washington township, together with two horses, one waggon, and gear, one large plough, one harrow, two shovel plough, together with the forks, hoes & c. three cows, all the sheep and Geese, also all the beds, bedsteads, and bedding, and all other household and Kitchen furniture, including the Cooking stove also sufficiency of of meat and bread for the support of her and the children for twelve months, if there should be so much on the farm at the time of my decease to have and to hold said property for so long as she shall live, and at her death, the said farm, with my other farm lying Salem township and County aforesaid, and all rents that may accrue from said farm in said Salem township, to be equally divided between my children by my said wife, namely Mary Louisa Funk, Levi Stotts, Crystal Stotts, Jacob Stotts, Israel Stotts, James Stotts, Susannah Stotts, Adam Stotts, Joseph Stotts, Nathan Stotts, John Wesley Stotts, Isaac Newton Stotts, Ephriam Stotts, Stillman Stotts, Amanda Jane Stotts, Emily M. Stotts; except that whereas, the above named Levi, Crystal and Jacob Stotts have each received to the amount of twenty dollars in horses, I therefore will and devise the ath above named Adam, Joseph, Nathan, Isaac Newton, Ephriam, and Stillwell Stotts if living at the time of my decease each receive the amount twenty dollars more than an equal share with the above named Levi, Crystal, Jacob, Israel and James Stotts, and if any of the above named children should die before distribution of my estate and leave an heir, or heirs then and in that event, the heir, or heirs of such child or children, shall receive such share as the parent would have received had they been living and further I decree, that my daughter Susannah Stotts, shall when she attains the age of eighteen years, or so soon after as my executors shall get my estate in a way for settlement, receive, one cow, one bed, bedstead and beding and one bureau, and further, I decree, that my said wife, shall furnish to each of my said children, (that have not received the same) one cow, one bed, bedstead and beding, when they shall have attained the age of maturity, and further in as much as my said son J W is afflicted I decree that my said wife shall maintain and support my siad son John Wesley Stotts, so long as they both shall live, that is as long as him and her are both living.

Third, I give devise and bequeath, to my two children, by my first wife, namely John Stotts, and Elizabeth Uhele the sum of ten dollars each, to be paid when my said youngest child shall have attained the age of maturity.

Fourth, I give devise, and bequeath to three of my children (not by either of my said wives) namely Cassy Swaggart, Wm Stotts and Abraham Stotts Jr. the sum of Fifty dollars each, to be paid when my said youngest child shall have attained the age of maturity.

Fifth, I will and decree, that my Executors, shall rent out my said farm in Salem township, for a just and fair rent, until my said youngest child shall attain the age of maturity, and the surplus money arising therefrom (if any) to be put at interest by may said executors, until my said youngest child, shall have attained the age of maturity, after which time said rents to be equally divided between my said children by my said wife

Sixth, I hereby constitute, and appoint my said wife Eliza be Guardian to all my minor children that may be minors at the time of my decease. And lastly I do hereby constitute and appoint my said wife to be my executrix, and my son Levi Stotts, my Executor of this my last will and testament In witness whereof, I hereunto set my hand and seal publish and declare this to be my last will and testament revoking and annulling all former wills by me made, and ratifying and confirming this and no ther, to be my last will and testament, in presence of the witnesses named below this twenty second day of August, one thousand eight hundred and fifty one 1851. Signed sealed and declared and published by the said Abraham Stotts (sen) as his last will and testament, in presence of us who at his request and in his presence and in presence of each other have subscribed our names as witnesses hereunto.
Teste
Patrick McGavack
Henry Decker
Joseph Huffman
his
Abraham X Stotts seal
mark

submitted by Nicholas Arnold

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Last Revised: July 9, 2002