Wills

Will of Perrine Applegate 5A4A6A

Clermont County (OH) Will Book P-326

[preliminary matter relating to proof of will omitted]

In the name of the benevolent Father of all, I Perine [sic] Applegate of Goshen Clermont County Ohio do make and publish this my last will and testament.

Item 1st.  That all my just debts be fully paid.

Item 2.  I devise that my wife Susan Applegate shall have the proceeds and use of the farm where we now reside during her natural life also to have 2 cows one horse and carriage and harness and all the household goods and furniture.

3d.  That my wife susan Applegate shall have the mortgage calling for two hundred dollars made by A. Simonton and wife to P. Applegate and also a mortgage on Dondell calling for one hundred dollars with the interest accruing on the same.

4th.  That the residue of my chattel property be sold and equally divided between my heirs, to wit, A.J. Applegate, L.H. Applegate, W.P. Applegate, J.H. Applegate, J.P. Applegate, J.B. Applegate, P.W. Applegate, my sons, also S.E. Spence, M.C. McClintock, S.A. Stouder, and L.A. Applegate, E.A. McClelland, Daughters, excepting O.H.P. Applegate, who shall receive five dollars out of the above proceeds.

5th.  If my wife Susan Applegate shall survive me at her death the farm to be sold and the proceeds divided as follows,to with, L.H. Applegate, P.W. Applegate, J.P. Applegate, S.E. Spence, M.C. McClintock, S. A. Stouder, E.A. McClelland and Adda Applegate each to receiv and equal amt. of said distribution of said farm.

And the said A. J. Applegate and O.H.P. Applegate, having rec’d the following amounts heretofore, viz, O.H.P Applegate one thousand dollars, which I paid for him to Wm First and A.J. Applegate Two hundred and fifty dollars which he rec’d by advancement, and it is my will that three hundred dollars of the distribution of said farm that would be coming to the said A.J. Applegate shall be paid to J.P Applegate and the balance of said A.J. Applegate’s interest in said estate shall be divided equally between him and his heirs as follows:  Said A.J. Applegate one hundred dollars and his wife and children one hundred dollars each also the said O.H.P Applegate to receive one hundred dollars and his wife and children each one hundred dollars and it is my will that if any of said heirs shall commence any litigation in regard to this my last will and testament they shall forfeit their portion in said will.  And I appoint Wm McClelland and P.W. Applegate my executors and said executors shall have power to deed and convey said real estate and also receive one hundred dollars each for their services as said executors and it is my will that said executors shall not be required to give security.

In testimony whereof I have hereunto subscribed my name this 24th day of September A.D. 1887

s/ P. Applegate {seal}

Witness

C.S. Laycock

A. Redding

[Susan, Perrine’s widow, was too feeble to come to court to make her election to take under the will or to exercise her dower rights.  The Court appointed C.S. Laycock, one of the witnesses (and, since he was an attorney, probably also the drafter of the will) to go to Susan’s house with a certified copy of the will, explain the will to her, explain her dower rights to her, and return to court with her election.]

Commissioner’s Report

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In the matter of the Election of Susan Applegate widow to the Will of her late Husband, Perrine Applegate Deceased

I, C.S. Laycock duly appointed and commissioned by the Judge of the Probate Court of the County of Clermont in the State of Ohio, to take the election of Susan Applegate to the Will of her late husband Perrine Applegate deceased, which commission and copy of the Will are hereby annexed, do hereby certify that in pursuance of said Commission, I did, on the 11 day of Sept. A.D. 1888, go to the residence of Susan Applegate widow of Perrine Applegate deceased and then and there read to her the Will hereto annexed and explained to her the provisions of the same made for her benefit and also the provisions made for widows by the Statute; whereupon she made her election to take the provisions of the said Will in lieu of Dower , &c. under the Statute.

In Testimony Whereof, I have hereunto set my hand and official seal this 11 day of September, A.D. 1888

s/ C.S. Laycock