Will of John Lee

Submitted by Lesli Christian

Will Book 1 Page 167, Lawrence County, Ohio Probate Court

In the name of the benevolent Father of all, I, John Lee of Lawrence County, Ohio, make and publish this my last will.1st, my will is all my just debts and contracts shall be paid out of my estate in the following manner:

My will is that my executor of this my last will, who I shall herein appoint, shall have my farm terrace (?) this year and at my decease to take charge of the farm and my personal property and to keep it all without sale and appraisement until the first of August next ‹ when the property is to be appraised and sold agreeable to law.

He is to sell the oats, wheat, and corn as soon as it is gathered and a good market offers. And if said crops and my personal estate should not pay my just debts, I hereby authorize my executor to rent my farm yearly until my debts are paid.

2nd, I give and bequeath unto my oldest daughter, Sally Henry, the following real estate: beginning at the line between the land of Samuel Henry and my land in the center of the creek and running down the creek to the mouth of a small branch across which is a bridge now in use, thence up the branch to within one rod of a rock lying in the mouth of a small cut (?), thence north four rods to a corner, thence running to a small walnut tree standing near Samuel Henry’s fence at the aforesaid line between the land owned by (owned by is marked out) of Samuel Henry and myself with the privilege of altering said line either way to leave a sufficient road, thence with said line to the beginning in what the above-described boundary shall lack making twenty acres shall be run off to her at the back end of Samuel Henry’s line on the left (?) of the hill between the branch of the land Samuel Henry lies on and the yellow branch said lot to be laid off to the best advantage for both parties.

3rd, I give and bequeath unto my second daughter, Elizabeth Henry, the following real estate: beginning at the southeast corner of my land between the land of Joseph Brammer and the land of the heirs of James Henry and running northwest for quantity to contain fifty acres to be laid off to her by three disinterested men taking into consideration the advantage of both parties.

4th, I give and bequeath the residue of my farm to my three youngest daughters, Patsey Yingling, Mary Kelley, and Penina Smith, to be equally divided between them share and share alike to be divided by themselves if they can agree. If not, they are to choose three judicious, disinterested men to do it for them, and my will further is that there shall be no division of my farm before the first day of January AD 1841.

5th, my will is that there be a road of one rod and one-half wide laid out from the bridge at the foot of the hill to intersect a road I own through Samuel Henry¹s lands at a branch running through his field.

6th, I nominate and appoint John K. Smith, my executor of this my last will and testament, authorizing and empowering him to compromise, adjust release, and discharge as he may think proper the debts and claims due me. In testimony whereof, I have hereunto set my hand and seal this 16th day of January AD 1840.

John Lee

Signed and acknowledged by the said John Lee as his last will and testament in our presence and signed by us in his presence.

Peter Lionbarger

Rolen Hankins

Examined

*NOTE–According to a biography of Christian Yingling and his wife, Martha (Lee) Yingling, in the 1882 Hardesty Book for Lawrence County, Ohio, John Lee’s date of death was listed as January 20, 1840.

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