Submitted by Barbara Madden
Lawrence County, Ohio Probate Court Saturday, August 7, 1886.
Pleas in the Probate Court within and for the County of Lawrence and the State of Ohio before Geo. W. Thompson, judge of said Court et al., in session thereof, held at the Court in Ironton August 7, 1886.
Be it remembered that heretofore Court on July 31, 1886, there was produced in Open Court for Probate an instrument of writing purporting to be the last will and testament of Joseph Brubaker deceased, which will read in the words and figures following to wit:
In the name of the Benevolent Father of all, I, Joseph Brubaker of Fayette township Lawrence county and the State of Ohio, do make and publish this my last will and testament.
First, it is my will that my just debts and all charges be paid out of my estate. Item…I give and devise all the residue of my estate, real and personal, to Sarah J. Rhoads to be to her and her heirs forever. Item…I appoint and make the said Sarah J. Rhoads executrix of this my last will and testament.
In testimony whereof, I have hereunto set my hand and seal this 15th day of March 1886.
Signature of Joseph Brubaker
Signed and acknowledged by Joseph Brubaker as his last will and testament in the presence and signed by us in his presence on the same day and year above written.
Signature of James Mays
W.S. Winters (possibly, indistinct)
Application for Probate of Will
The State of Ohio – Lawrence Co.
In Probate Court In the matter of the last will and testament of Joseph Brubaker. To the Hon. Geo. W. Thompson, Judge of the Probate Court in and for said county.
Your petitioner respectively represents that Joseph Brubaker, late a resident of the township of Fayette in the said county, died on or about the 21st day of July 1886, leaving an instrument in writing hereto attached purporting to be his last will and testament.
That said, Joseph Brubaker died, leaving Elizabeth Brubaker his widow and the following married persons his only next of kin resident of the state of Ohio.
Your petitioner prays that a time may be fixed for proving said will and that said above-married persons might be notified according to the law of the pending of said proceedings.
Signature of Sarah Rhoads
The foregoing application was signed in my presence and sworn to before me this July 31, 1886.
Signature of Geo. W. Thompson, Probate Judge
Probate of the Will
The State of Ohio – Lawrence Co.
In Probate Court
Personally appeared in open Court James Mays and W. S. Winters, the subscribing witnesses to the last will and testament of Joseph Brubaker, late of Fayette township in said Lawrence Co. deceased, who being duly sworn according to law, to speak the truth, the whole truth and nothing but the truth concerning the execution of said will depose and say:
That the paper before them bearing date the 15th day of March 1886, purporting to be the last will and testament of Joseph Brubaker, now deceased, is the will of the deceased that they were present at the execution of said will and at the request of the testator respectively subscribed their names to the same as witnesses in his presence that they saw the said Joseph Brubaker deceased sign and seal said will and heard him acknowledge the same to be his last will and testament and that the said Joseph Brubaker at the time of making, signing and sealing said will be of the full age of sound mind and memory and not under any restraint.
Signature James Mays
W.S. Winters
Sworn to and subscribed by said witnesses in open Court this 7th day of August 1886
Signature Geo. W. Thompson
Probate Judge Lawrence County Probate Court
Saturday, July 31, 1886
In the matter of the last will and testament of Joseph Brubaker
Will Was Fled for Probate
This day there was produced in open Court for Probate an instrument of writing purporting to be the last will and testament of Joseph Brubaker, deceased. It is ordered that notice be given to the widow of the filing of said will and the time of hearing the same, which time is fixed by the Court for August 7, 1886, at 10 a.m.
Signature Geo. W. Thompson
Probate Judge Lawrence County Probate Court
Saturday, August 7, 1886, in the matter of the last will and testament of Joseph Brubaker
Will Admitted to Probate
This day this cause came ?? be heard upon the application to have the last will and testament of Joseph Brubaker admitted to Probate and the widow having been notified according to law thereupon came James Mays and W. S. Winters the subscribing witnesses to said will who be first duly sworn testified to the due execution and attestation of said will, which testimony was reduced to writing and filed with said will and the Court being satisfied from said testimony that said testator at the time of making, signing, and sealing, said will be of legal age, of sound disposing mind and memory and not under any restraint whatsoever. It is therefore ordered that said will be admitted to Probate and recorded in the record of wills.
Signature Geo. W. Thompson, Probate Judge
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