State of Ohio
Pike Court of Common Pleas September term being 2nd day of October A.D. 1840
Be it remembered that on this Day the last Will and Testament of James Sappington late of Pike County decd was brought before the court for probate and it appearing to the court that Adrian Wynkoop one of the subscribing witnesses to said Will has removed out of this state and has gone to parts unknown. Therefore Hallam Hempstead was offered to proof the hand writing and signature of said Wynkoop to said Will. Whereupon the said Hempstead being duly sworn says that he is well acquainted with the Hand Writing of the Adrian Wynkoop and that said Will was written by him and that the signature thereto purporting to be his is genuine. And thereupon John Dunham the other subscribing Witness to said Will being duly sworn says that he was present when said Will was executed, that he saw the James Sappington sign seal and heard him acknowledge the same as and for his last Will and testament that he signed the same as a witness at the request of and in the presence of the said Wynkoop that he also saw the said Adrian Wynkoop sign said Will as a witness at the request and in the presence of the said James Sappington and further that the said James Sappington at the time of executing said Will was of full age and of sound mind and memory and not under any restraint. An it appearing to the satisfaction of the court, that the said James Sappington at the time of executing said Will, was of full age and of sound mind and memory and not under any restraint. It is therefore ordered that said Will and proof be recorded pursuant to statute, which said Will reads as follows "to wit"
In the name of God Amen!
I James Sappington of the County of Pike in the State of Ohio being weak in Body, but of sound disposing mind and memory, blessed by Almighty God for the same, do make publish and declare this to be my last Will and Testament as follows "to wit"
First - It is my Will that all my just debts be paid.
Second - It is my Will and I do hereby devise unto my beloved wife Mary the farm that I now live on, being the North West quarter of section number six of Township Number four in Range Number Twenty Two (Langha….survey) containing one hundred and sixty one and three quarter acres of land to hold and enjoy the same for and during her natural life and after her death it is my Will that the said tract of land be sold by my Executor at public sale (either for cash in hand or on a credit as he may think most advisable for the Benefit of my children and the proceeds thereof to be equally divided _____ my children "to wit" Stephen Sappington , Ester Parrill (wife of Enoch Parrill) Mary C. Sappington, Elias Sappington and Rebecca Sappington and their heirs.
Thirdly - I do hereby give and devise to my Daughter Mary C. Sappington my young bay mare which was three years old last spring and one Cow and Calf of her own Choice and one Bed and Bedding.
Fourthy - I do hereby give and bequeath to my daughter Rebecca, my young bay horse, that was two years old last spring and one Cow and Calf of her own Choice one Bed and Bedding.
Fifthly - I do hereby give bequeath all the residue of my personal property unto my beloved wife Mary for her support during her natural life and after her death should there be any remaining It is my Will that the same be divided equally amongst all my children and if the (sic) canot (sic) agree upon a division then the same to be sold at Public _____, and the money arising from such sale to be divided amongst my children, having advanced considerable property to my other children "to wit" Stephen Elias and Esther Parrill I have no more to give them at this time, and it is my wish that my two Daughters that are married (sic) should live on the farm with my wife and there have a home whilst they remain single.
And lastly I do hereby nominate and appoint my friend Hallem Hempstead my executor of this my last Will and Testament. In witness whereof, I have hereunto set my hand and seal this sixth day of September in the year of our Lord one thousand Eight hundred and thirty one.
James Sappington (seal)
Signed sealed published and declared by the Testator to be his last Will and Testament in presence of us who at the request of the said Testator and in his presence subscribe the same as witnesses.
Transcribed & Submitted
by Jerry Saylor