Record of the Will of John Hendershot, Deceased

submitted by Judy Lohr jlohr01@comcast.net

Will Book Record, Harrison County, Ohio Book C, Page 205-206

In the name of God Amen.

I John Hendershot of the County of Harrison do make and publish this my last Will and Testament.

Item 1 I desire that all my just debts be fully paid.

2 I bequeath to my wife Elizabeth Hendershot all my personal estate which may remain after the payment of my debts.

3 I devise to my beloved wife Elizabeth Hendershot all the real estate of which I may die seized to be held and enjoyed by her for and during her natural life.

4 It is my will and I so devise that at the decease of my said wife all my real estate shall be equally divided between my daughter Rhoda Hendershot and the children of my son Jonathan Hendershot to be divided so that my said daughter Rhoda shall have said one equal half and the children of my said son the other half ; provided that if my said daughter shall die without issue before the death of my said wife, or shall not survive me, then the children of my said son shall have the whole of said real estate at the death of my wife aforesaid.

5 I will and desire that in case of my death before my daughter Rhoda comes of legal age then my said daughter shall have a reasonable living and maintenance with my wife out of my said real estate until she comes of age or until the death of my said wife.

6 I have given all my other children heretofore what I desired them to have out of Estate, and therefore leave them nothing by this my Will.

7 I hereby constitute and appoint my beloved wife Elizabeth Hendershot to be executrix of this my last Will and Testament hereby declaring this to be my only last Will and revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this 24th day of July A.D. 1854.

John Hendeshot (seal)

Signed sealed published and declared in the presence of us who have signed the same as witnessing in presence of and at the request of said John Hendershot Thomas Phillips Lewis Lewton

In the matter of the last Will of John Hendershot Dec'd Probate Court of Harrison County Ohio June 14th A.D. 1859.

The last Will and Testament of John Hendershot late of Harrison County in the State of Ohio was this day produced in Court by Lewis Lawton Counsel for the Administration; and Thomas Phillips and Lewis Lawton the subscribing witnesses to said Will appeared and in open Court on oath testified to the due execution of said Will which testimony was reduced to writing and by them respectively subscribed and filed with said Will and it appearing to the Court by Testator at the time of executing the same way of full age and sound mind and memory and not under any restraint. It is ordered by the Court that said Will be admitted to Probate and that said Will of Testimony be recorded whereupon Elizabeth Hendershot the Executrix in said will named and she being the residuary Legatee by said Will appeared in Court and accepted of the trust of executing said Will. It is ordered by the Court that Latters Testamentary be issued to her giving bond in the sum of Five hundred dollars with J. G Henry and John Morris conditioned to pay the debts and Legatees of said Testator. Also at the same time Elizabeth Hendershot widow of the said John Hendershot deceased personally came into Court and after a full explanation by the Court to her of the provisions of the Will of her husband and of her rights under the Will of her husband and her rights under the State laws of the State of Ohio she now elects to abide by and take under the Will of her husband John Hendershot deceased.

Allen G. Turner, Probate Judge