Belmont County, Ohio
Genealogy and History

 



Will of Andrew McKindley (McKinley)


In the name of the Benevolent Father of all, I, Andrew McKindley of the county of Belmont and State of Ohio , do make and publish this my last Will and testament as follows:
First, That all my honest debts and funeral expenses be paid.
Second, I give and devise to my beloved wife, Elizabeth , the farm on which I now reside so long as she shall live, with all property thereon except money of which my wife shall have one hundred dollars, and the remainder shall be divided amongst my other heirs. To the children of Ruth McGeath one seventh after they come of age. To William McKindley one seventh. To John McKindley one seventh. To Elza McKindley one seventh. Lucinda Tracy one seventh. The the children of Elizabeth French one seventh after they come of age. To Jane Drummons one seventh and at the death of my wife all property remaining both real and personal shall be sold and divided with the above named heirs in the manner above named. I further will that no inventory or appraisement be made of my property.
I do hereby nominate William McKindley my Executor to prove my will and settle the same without giving security or rendering any account to the court on final settlement my executor shall have the same fees that executors allowed by law for his services.
In testimony whereof I have hereunto set my hand and seal the 29th day of February1860.
Signed and acknowledged by Andrew McKinley )
as his last will and testament in our presence )
and signed by us in presence. )
Elza (Fritter?), Levi Tracy, Abner Milleson, )

Probate
The State of Ohio Belmont County ___ Probate Court October 5th 1860.
The last will and testament of Andrew McKinley late of Belmont County Ohio, deceased, was this day brought into the Probate Court of said county and presented for probate and it appearing to the court by the testimony of Elza (Fritter?), Levi Tracy, and Abner Milleson the subscribing witnesses to said will this day taken in open court reduced to writing and filed. That said will was duly attested and executed. That said testator at the time of executing the same was of sound mind and memory, of full age and not under any restraint. Where upon the court approve said will and order that the same be recorded with the proof now taken to prove the same. On motion the court order that Letters Testamentory on said estate issue to William McKinley the Executor named in said will , without his giving bond, the will so directing. Letters issued same day.
Robert Cl______, Probate Judge

Evidence
The State of Ohio Belmont County ____. On the 5th day of October A.D. 1860, appeared before the Judge of the Probate Court of said County Elza (Fritter?) and Levi Tracy the subscribing witnesses to a paper writing this day presented to said court for probate, purporting to be the last will and testament of Andrew McKinley late of said County, deceased, came into court and each being solemnly affirmed in open court. The said Elza (Fritter?) for himself upon his solemn affirmation saith that he saw the testator sign the said paper writing as and for his last will and testament, that he subscribed the same as a witness thereto in the presence of the testator and at his request; that the testator at the time of signing was of sound mind and memory, twenty one years of age and not under any restraint. Elza (Fritter?)
And the said Levi Tracy for himself upon his solemn affirmation saith, that he saw the testator sign said will, that he subscribed the same as a witness thereto in the presence of the testator and at his request; that the said testator at the time of signing said will was of sound mind and memory, twenty one years of age, and not under any restraints. Levi Tracy
Taken, reduced to writing, and subscribed in open court at my office in St. Clairsville, this 5th day of October A.D. 1860.
Attest: Robert Cl____, Probate Judge

The State of Ohio Belmont County ____ on the 5th day of October A.D. 1860 appeared before the Judge of the Probate Court of said county, Abner Milleson one of the subscribing witnesses to a paper writing this day presented to said court for probate perporting to be the last will and testament of Andrew McKinley late of said county, deceased, came into court and being solemnly affirmed in open court. The said Abner Milleson for himself upon his solemn affirmation saith; that he saw the testator sign the said paper writing as and for his last will and testament, that he subscribed the same as a witness thereto in the presence of the testator and at his request; that the testator at the time of signing was of sound mind and memory, twenty one years of age and not under any restraint.
Abner Milleson
Taken, reduced to writing, and subscribed in open court at my office in St. Clairsville, this 5th day of October A.D. 1860.
Attest: Robert Cl_____, Probate Judge
The State of Ohio Belmont County ___ I Robert (Claudy?) Judge of the Probate Court in and for said County do hereby certify the foregoing to be a complete record of the will of Andrew McKindley _____ with the entry of the probate thereof, and the testimony of witnesses to prove the same.
Robert Cl_______
Probate Judge

[Transcribed by Barbara Stephen on February 12, 2009]





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