Joseph Evans's Will

Executors John Furnas and Abel Pearson, as their names are spelled in the Will itself, are represented as John "Furnace" and Abel "Pierson" by the Court clerk.

This Montgomery County Will is included here because of it's Miami County Ohio contents.

I Joseph Evans of Montgomery County and State of Ohio being in reasonable health of body and of sound mind and memory, do make and ordain this my last will and Testament, in manner and form following, to wit, First - I will and desire that all my Just debts and funeral expenses be timely and punctually paid by my executors herein after named and appointed. Secondly - I give and bequeath unto my wife Esther Evans as much of my personal property as she may or shall think proper to receive, except what shall be herein after disposed of otherwise, for and during her natural life; also my present dwelling house and the profits of the plantation whereon I now live, and the plantation on fraction No. Twenty four, in Township four, Range Six east in Miami County; Also Twenty Dollars a year for her support, for and during her natural life aforesaid. Thirdly - I give and devise to my Grand children, the children of my daughter Hannah Johnson deceased, namely Abner, Cyrus, William, Esther, James, and Abraham Johnson, the Two hundred acres of land, more or less, which I bought of George Gump being the lower or south part of Fraction Number Twenty four, Township Four, Range Six east, in Miami County - to be equally divided amongst them, at or after the decease of my wife aforesaid, to them and to their heirs and assigns forever, also the sum of Fifty Dollars each, making the sum of Three hundred Dollars. And I give and bequeath unto my Grand daughter Elizabeth Johnson - daughter of Hannah Johnson aforesaid - Fifty Dollars to be paid to her by my executors. Fourthly - I give and devise unto my son Moses Evans the upper or north part of fraction Number Twenty four, Town. Four, Range Six east, which I purchased of the heirs of Thomas Jenkins, deceased - containing one hundred and eighty five acres more or less, for and during the natural life of him and his present wife and after their decease I give and devise the said tract of land to their (end of page 47, continued on page 48)

Son Joseph Evans, his heirs and assigns forever. And I give and bequeath to my Son Moses Evans aforesaid Two hundred and fifty dollars. Fifthly - I give and devise unto my son Robert Evans the following described tracts of land, to wit, one hundred and ninety acres more or less, the south part of Section Number Thirty five T 4 R 6 east, which I bought of Samuel Freeman also as much of the tract I now live on as is contained in the following boundaries, to wit - "beginning at the southwest corner of the tract I bought of Samuel Freeman aforesaid it being on my original north boundary line and running East forty poles with my old boundary line, thence South to the run known by the name of Lick branch, thence up said branch to where my west boundary line crosses the South fork of said branch, thence north with the said line to the corner, thence east to the place of beginning, Also the north west quarter of Section number three, Township three, Range Six east, for and during the natural life of him and his present wife, and after their decease I will and devise to his son Thomas Evans, the quarter Section last described, and fifty acres of the west end of the part I have left to the said Robert Evans in my original tract to him the said Thomas Evans his heirs and assigns forever. And I give and devise to my grand son Joseph Evans son of Robert Evans aforesaid, after the decease of sai d Robert and his present wife all the rest and residue of the land herein before willed to my son Robert Evans aforesaid; And I also give and bequeath to my son Robert Evans aforesaid the sum of fifty Dollars. Sixthly - I give and devise unto my grand son Joseph Hawkins son of my daughter Mary Hawkins deceased, the east half of the South east quarter of Section 24, and east half of the north west quarter of Section 30 in Township 22 n Range 4 w in the (end of page 48, continued on

State of Indiana, to him and his heirs and assigns forever. And I give and devise unto Levi Hawkins my son in law, the west half of the South west quarter of Section Two, in Township 22, and the west half of the South east quarter of Section 31 in T. 23 R. 4 w for and during his natural life, and after his decease, I give and devise the said two half quarter Sections of land to all the children of my said daughter Mary Hawkins deceased (except Joseph aforesaid) to be equally divided amongst them share and share alike, to them and their heirs and assigns forever - And I give and bequeath the sum of Five hundred dollars to the children of my daughter Mary Hawkins deceased aforesaid to be equally divided amongst them: the share of each to be paid to them by my Executors, as they shall respectively arrive at lawful age and demand the same (except Joseph Hawkins aforesaid) who is not to have any part thereof. Seventhly, I give and bequeath to Martha Morgan daughter of my daughter in law Elenor Morgan deceased, Fifty Dollars, to be paid to her when she arrives at lawful age; but if she should die in a state of minority without issue I give the same to all my children to be equally divided amongst them, as though this bequest had not been made. Eightly - I give and devise to my daughter Sally Furnas (after the decease of my wife aforesaid) all the plantation and tract of land whereon I now live, being fractions One and Two T 3 R 6 east (except what is herein before given to Robert Evans) for and during the natural life of her and her present husband, and after their decease, I give and devise the same to her son Joseph Evans Furnas and his heirs and assigns forever. I also give and bequeath to my daughter Sally Furnas aforesaid Five hundred Dollars and my Clock and case, and corner cupboard; And I give and bequeath to my aforesaid children, to wit, Moses and Robert Evans and Sally Furnas (end of page 49, continued on page 50)

After the decease of my wife, each, one feather bed and bedding - And I further will and desire that the rest and residue of my property both real and personal of every description whatsoever; be sold and the money arising from said sale to be divided amongst my children and grand children as follows, to wit, three fourth thereof to be equally divided between my children namely Moses and Robert Evans and Sally Furnas - and the remaining fourth part to be equally divided between all the children of Mary Hawkins deceased aforesaid and to be paid to them by my Executors as they shall respectfully arrive at lawful age and demand the same. And Lastly - I Constitute and Appoint my Son in Law, John Furnas and my friends James Reed and Abel Pearson Executors of this my last will & Testament, Revoking and disannulling all former will by me made. Ratifying and confirming this my last will and Testament. - In witness whereof I have herewith set my hand and seal this ninth day of May in the year of our Lord One thousand Eight hundred and twenty seven. (signed) Joseph Evans

Signed, Sealed, published, & declared by the said Joseph Evans to be his last will and testament in the presence of us, who have signed the same as witnesses in the testator and of each other. - The word 'half' in the fourth line from the bottom in the second page first interlined, also the words: who is not to have any part thereof, being the sixth line from the top of the third page, crowded in. (signed) Harvey Sweet Philip Mareham Isaac K. Jenkins David Jenkins

We the undersigned were witnesses to the Last Will of Joseph Evans Deceased, that we believed said deceased to be of sound Mind and Memory (end of page 50, continued on page 51)

at the time of signing the same, that we signed our names as witnesses to said will at his request, in his presence and in the presence of each other, and that we believed him to be under no restraint. (signed) David Jenkins Isaac K. Jenkins

Affirmed in Open Court this 12th day of September 1828 (signed) A.R. Greene, Clk

Be It remembered that at a special Court of Common Pleas holders, at Dayton in the County aforesaid, on the Twelfth day of September One thousand eight hundred and twenty eight - Before the Honorable Joseph H. Crane President and James Steele and Benj. Slattbie two of the Associate Judges of our said Court of Common Pleas, came John Furnace, James Reed and Abel Pierson the Executors in the within written last will and Testament mentioned who exhibit here in Court the within written last will and testament of Joseph Evans now deceased, which said last will and testament being proved by the Oaths of David Jenkins and Isaac K. Jenkins, two of the subscribing witnesses - It is ordered that the same be recorded; and thereon John Furnace, James Reed and Abe l Pierson pray Administration of the Estate of the said Joseph Evans deceased according to the tenor of the said last will and testament, and to them it is Granted By the Court. A.R. Greene Clk The State of Ohio Montgomery county.

To all to whom these presents shall come Greeting - Whereas Joseph Evans late of the County aforesaid deceased, did by his last will and testament make Ordain Constitute and Appoint John Furnace James Reed and Abel Pierson Executors of the same; And whereas at a Special Court of Common Pleas holders at Dayton in the County aforesaid on the Twelfth day of September One thousand eight hundred and twenty eight, before (end of page 51, continued on page 52)

The honorable Joseph H. Crane President and James Steele and Benjamin Slattbie, two of the associate Judges of our said Court of Common Pleas, the same last will and testament hath been exhibited and duly proved and the Executors therein named as aforesaid having signified their willingness to accept the trust reposed in them by the said Testator. Therefore be it Known, that by the said Court of Common pleas, Administration of all and singular, the estate of the said Joseph Evans deceased is hereby committed to the said John Furnace, James Reed and Abel Pierson Executors as aforesaid to be by them administered according to law and agreeably to the tenor of the said last will and testament. Provided however, that it shall be the duty of the said Executors to have all and singular the goods and chattels belonging to the estate of the said Joseph Evans deceased, not otherwise disposed of by the said last will & testament, Inventoried and appraised by Isaac Reed, Richard Sunderland and John Martindale, freeholders of the County aforesaid, and the same Inventory and appraisement, together with an a accurate statement of the debts, due and owing to the said Estate and return to the office of the Clerk of the Court of Common Pleas of the County aforesaid, within three months from the date hereof: and further - to settle up the Estate so far forth as t he provisions of the said last will and testament will admit within Eighteen months from the date hereof, and a true and accurate statement thereof to make and return to the said Court of Common pleas as the Law directs.

Witness the Honorable Joseph H. Crane President, of our said Court of Common Pleas, at Dayton, the Twelfth day of September One thousand eight hundred and twenty eight. (signed) A. R. Greene Clerk