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Will Book Q, page 312-317

 

Pleas held before Wm. W. Prather, Judge of the Probate Court in and for Clermont County Ohio on the 17th day of July A. D. 1890

 

 

 

On the 7th day of July A. D. 1890 the following entry was made upon the journal of said court.

 

Entry to Wit

 

In the Matter of the Will of Meacom Gardner Dec’d.

 

                             This day an instrument in writing purporting to be the last will and testament of Meacom Gardner late of Clermont County Ohio deceased was filed in the court.

 

 

 

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On the 17th day of July A. D. 1890 the following Entry was made upon the journal of said court.

 

Entry to Wit

In the Matter of the Will of

Meacom Gardner Dec’d.

 

                             The last will and testament of Meacom Gardner deceased having been heretofore presented for probate this day a written waiver of notice of the application for the probate thereof and consent that the same be admitted to probated signed by the widow and all the next of kin of said decedent was filed in this court and thereupon came Joseph Kirgan one of the subscribing witnesses to said will and in open court he was duly sworn and examined in relation to the execution and attestation of said will, and his testimony hereon was reduced to writing and by said subscribing witnesses duly subscribed and filed with said will’ and the court now being fully advised finds that the widow and all the next of kin of said decedent have been duly notified of the filing of said will for probate and that they all consent to the probate thereof and it further appearing to the court from the testimony of said subscribing witness to said will so taken as aforesaid that William Fitzpatrick the subscribing witness to said will is now dead and that said will was duly executed and attested and that at the time of the executing the same testator Meacom Gardner was of full legal age and sound and disposing mind and memory and not under any restraint and that said Meacom Gardner is now dead thereupon said will is hereby admitted to probate and it is ordered that said will together with said testimony be recorded according to law.

 

 

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Will to Wit

March 19th 1876

 

I, Meacom Gardner, of the County of Clermont and State of Ohio, being in good health and strong mind and aware of the uncertainty of life and the certainty of death to publish this, my last will and testament.

 

Item 1st.   I give and devise to my wife in lieu of her dowry the farm on which I now reside situated in Peirce Township, Clermont County Ohio containing about seventy acres during her natural life, and all the household goods, furniture and provisions which may be thereon at the time of my decease during her natural life as aforesaid.  At the death of my said wife the real estate and personal estate aforesaid with what other real and personal estate if any I should be possessed with I give and devise to my five children and their heirs (viz to)? Elizabeth Moore, one fifth part, to Benjamin Gardner, one fifth part to Elisha B. Gardner, one fifth part, to Mary Hubbard, one fifth part, and to Frances Gardner, my youngest daughter one fifth part.  If however either of my said children should die leaving no children living at their decease then the share of said property above devised to said deceased child is hereby devised and bequeathed to the remainder of my children, share and share alike.

 

Item 2 .  I do hereby nominate and appoint C. W. Kirgan executor of this my last will and testament hereby authorizing him to adjust and discharge the debts and claims due me.  I do also authorize him to dispose of my chattel property at public or private sale as he may think best sufficient to pay my debts if any and to pay him for his service. I desire that no appraisement of my personal property be made and that the court of Probate direct the omission of the same in pursuance of the Statute.

In testimony hereof I have hereunto set my hand and seal this 19th day of March in the year 1876.

                                                                                  Meacom Gardner **Seal**

 

Signed and acknowledged by said Meacom Gardner as his last will and testament in our presence and signed by us in his presence.

                                                                                         Joseph Kirgan

                                                                                  William Fitzpatrick

 

 

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Testimony to Wit

State of Ohio                                           Probate Court

Clermont County

                                                                 Probate of the last will of Meacom Gardner  deceased on the 7th day of July A. D. 1890. Personally appeared in open court, Joseph Kirgan, one of the subscribing witnesses of the Last Will and Testament of said Meacom Gardner deceased who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said Will, deposes and saith that he knew the said Meacom Gardner deceased in his lifetime and that he was present at the making of said Will and at the request of the deceased subscribed to said Will as a witness hereto in the presence of the decedent and of William Fitzpatrick, the other subscribing witness, that he saw the deceased sign and seal said will and heard him acknowledge the same to be his last will and testament; that the said Meacom Gardner was at the time of the making, signing and sealing said Will, of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatever and that said testator is now dead; the William Fitzpatrick, the other subscribing witness to said will , subscribed said will as a witness in the presence of said Joseph Kirgan and at the request  of said Meacom Gardner deceased and in the presence of the said Meacom Gardner and that the said will was duly signed and executed as aforesaid in the presence of said William Fitzpatrick the other  subscribing witness and that said William Fitzpatrick is now dead and that the signature to said will purporting to be the signature of said William Fitzpatrick is his true and genuine signature.

                                                                                              Joseph Kirgan

 

 

Signed in Open Court, and sworn to this 17th day of July 1890

 

                                                                             **Seal **   William W. Prather Probate Judge

 

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Transcribed from copy of Will received 6-9-2005 from Clermont County Probate Court