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