Will of Thomas Perry
Washington Co Ohio
Book Vol #6
In the name of God, Amen.
I, Thomas Perry of the county of Washington and in the state of Ohio being
in perfect health of body and of sound and disposing mind and memory
considering the certainty of death and the uncertainty of the time thereof
and being desirous to settle my worldly affairs and thereby be the better
prepared to leave this world when it shall please God to call me hence do
therefore publish this my last will and testament in manner and form
following that is to say 1st and principally, I commit my soul into the
hands of Almighty God and my body to the earth to be decently buried and
after the expenses of my last sickness and burial and debts are paid and my
wife's thirds taken out, I devise and bequeath as follows:
1st: I give and devise my daughter, Susannah Perry the sum of $250.00
2nd: I give unto my son John Perry the sum of $5.00
3rd: I give unto my son James the sum of $5.00
4th: I give unto the remainder of all my heirs and to Andrew Carris
grandson, the remainder of my property equally divided amongst them
excepting $30.00 which I desire should be give to my granddaughter,
Margaret, my daughter Sarah's eldest child.
5th: Lastly I do constitute and appoint Isaac Perry of the county of
Washington and state of Ohio to be the executor of this my last will and
testament revoking and annulling all former wills by me heretofore made
satisfying and confirming this. In testimony whereof I have here unto set my
hand and seal the first day of October in the year of our Lord 1838.
(erased and interlined above) /s/Thomas Perry (seal)
Signed ,sealed, published, and declared by Thomas Perry the above name
testators and for his last will and testament in the presence of us who at
his request and in his presence have subscribed our names as witnesses
The state of Ohio, Washington County.
In court of Common Pleas, August term A.D.1842 the foregoing instrument
writing and purporting to be the last will and testament of Thomas Perry
,;ate, of this county deceased who produced in court for the probate
whereupon Isaac Perry one of his subscribed witnesses thereto having
relinquished his right of the execution of said will, was duly sworn and
upon his oath declares that he saw said Thomas Perry sign said instrument of
writing as and for his last will and testament that he was then of sound
mind and memory, over the age of 21 years, and under no restraint of the
testor signed his name as a witness thereto. It appears to the court that
L.P.Cook one of the subscribing witnesses to said will resides in Morgan
County out of the jurisdiction of this court it is ordered that a commission
be issued to Abner G. Westgate authorizing him to take the deposition of
said L.P. Cook touching the execution of said will by said decedent.
November term A.D. 1842
The commission awarded and issues at the last term of this court to
Westgate, Esq. Of Morgan County to prove the will of Thomas Perry late of
this county deceased, by the oath of L.P.Cook a subscribing witness thereto
having being returned with the proof thereto annexed in the words and
figures following to wit: To Abner G. Westgate, Esq. of Morgan County
Know you that we in confidence of your prudence and fidelity have appointed
you and by these presence do give to you full power and authority to examine
and take the deposition of L.P. Cook touching the examine by Thomas Perry
deceased of the instrument of writing hereto attached purporting to be his
last will and testament and therefore we commission you that you therefore
examine him on his _____with touching the execution of said will by said
decedent and that you reduce such examination to writing and return the said
together with his writ closed up under your seal into our said court with
all convient speed.
Witness Thomas W. Ewart, clerk of said court of Common Pleas this ninth
of August A,D.1842
The deposition of L.P.Cook produced and sworn on this 6th day of September
A.D. 1842 at Deavertown, Morgan County, Ohio by virtue of a commission
issued from the Court of Common Pleas, Washington County Ohio to me directed
for the examination of said L.P. Cook touching the execution by Thomas Perry
deceased of an instrument purporting to be his last will and testament
L,P, Cook of Morgan County Ohio of lawful age being produced and sworn
examined by me deposeth and says
X as your signature?
Did you sign it in the presence of the testor as witness and at his
Did the testor sign said paper in your presence?
Was he at the time of lawful age?
Was he at the time of sound disposing mind and memory?
I should think he was.
Was he at the time of signing said paper under any restraint?
He was not to my knowledge but it appeared to be of his own voluntary act.
/s/ L.P. Cook A.G.Westgate ,commissioner
I A.G.Westgate ,a Justice of the Peace in and for the township of Morgan
this county of Morgan Ohio being specifically commissioned to take the above
deposition hereby sworn to testify the truth and nothing but the truth, and that the foregoing
deposition by him subscribed was reduced writing by me and taken at the time
and place above specified. Given under my hand and sealed the 7th day of
September in the year 1842.
/ s/ A.G.Westgate (seal)
And the court having examined the same do accept and approve said will
duly proved by two of the subscribing witnesses thereto and order said will
with the probate thereof be recorded.
Examined attest...Thomas W. Ewart, clerk D. C.C.P.