Submitted by Lesli Christian
Pleas, at the courthouse in Ironton in the county of Lawrence and state of Ohio, of the Lawrence County Probate Court at a session thereof held at the place aforesaid on the 25th day of February A.D. 1868, before C. B. Egerton, sole judge of said court.
The State of Ohio, Lawrence County. Be it remembered that on the 25th day of February 1868, there was produced in open court for probate an instrument of writing purporting to be the last will and codicil of Robert Hamilton Jr., deceased, which will and codicil reads in words and figures following to wit;
In the name of the Benevolent Father of all, I, Robert Hamilton, a resident of Hanging Rock, Lawrence County, Ohio, do make, execute and publish this my last will and testament.
Item first: My will is that my executor and trustee hereinafter named, pay out of my estate, all my just debts, and funeral expenses.
Item Second: I do hereby will, devise and bequeath to my esteemed friend, William Means, all my estate, real and personal, in every situate, whether in possession or in remainder or (never?) in trust, to and for the following purposes
(1.) To reduce the (?) to cash as soon as in his opinion it may be advisable to do so and invest the same in such securities or in such other ways and means as he may deem most advantageous for the interest of my estate.
(2) To apply the income arising therefrom or so much as may be necessary, and if not sufficient, so much of the principal as may be necessary to the support, maintenance, and education of my son, Robert, until he shall arrive at the age of twenty-one years. When he shall arrive at that age, I desire my said friend to settle with and pay over to my said son so much of my estate as may remain in his hands unexpended.
Item 3: I hereby constitute and appoint the said William Means, guardian of the person and estate of my said son, Robert. I desire him, said Robert, to be properly cared for, reared, and educated so he becomes a useful Christian man. It is my will he remains under the care and control of my beloved sister, Mrs. Mary A. Hempstead as long as she may live, and at her death, should it take place before his arrival at the age of twenty-one (?) I desire my said trustee to make such other provisions for (?) him as may be for the best interest of my said son. I wish my sister to exercise the same care and control over him that she does over her own children, and bring him up with proper (?) of his duties and responsibilities in life.
Item fourth: My will is that no appraisement or public sale of my estate be made, and I desire the probate judge to order the same to be omitted, that much of my property and estate as I may not before my death make other disposition of shall immediately go into the hand of said William Means to be disposed of by him as hereunto provided for. But such articles of personal property, such as ornaments or otherwise, which said William Means and my (?) sister may be of opinion, will be prized by my said son because they were owned by me or his mother, I desire my said trustee to preserve for him and give to him as soon as he is old enough to appreciate them.
Item Fifth. In the administration of the trust, I wish said William Means to do and act in all things and manage my said estate as he would be it his own. And I do not wish him held responsible for mistakes or errors in judgment, but only for fraud or gross neglect of duty. Should he at any time find it out of his power properly to execute this trust to his satisfaction, he may resign the same upon appointing some other person who will properly execute the same and will accept it.
Item Sixth: All expenses, including compensation for his services, he will pay annually out of my estate.
In witness whereof, I have hereunto set my hand this the tenth day February A.D. 1868
Robert Hamilton
Signed executed and acknowledged by said Robert to be his last will and testament, and we do at his request ‹ in his presence and in the presence of each other subscribe our names hereto as witnesses to his said signing and acknowledgment
Mrs. I. (?) Hempstead
Henry S. Neal
Codicil to Will:
Whereas I, Robert Hamilton of Hanging Rock, Lawrence County, Ohio, did on the tenth day of February A.D. 1868, make my last will and testament of that date do hereby declare this to be a codicil to the same ‹ vis ‹ It is my wish and I hereby declare this to be a codicil to the same ‹ vis ‹ It is my wish and I hereby will that in the event of the death of both my said sister Mary Ann Hempstead and my son Robert, previous to the death of my said sister¹s husband and before the maturity of my said son, then the remainder of my said estate in the hands of my said trustee or his successor, shall be retained in the hands of my said trustee or his successor until the youngest child then living of my said sister Mary Ann Hempstead, shall become of lawful age. At which period it shall be equally divided between the children of my said sister then living, and if any of said children of my said sister should be dead leaving issue, then their issue shall be entitled to the same share of my said estate as would the parent of said issue of living. In witness whereof, I have hereunto set my hand and seal the fourteenth day of February AD 1868.
Robert Hamilton
Signed, sealed, and declared by the said Robert Hamilton to be a codicil to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses. G. S. B. Hempstead
G. R. Scriven
The State of Ohio Lawrence County SS = Probate Court
Personally appeared in open court Anna M. Hempstead and Henry S. Neal, the subscribing witness to the last will and testament of Robert Hamilton, late of Lawrence County, deceased, who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said will depose and say that the paper before them purporting to be a codicil to the last will and testament of Robert Hamilton, now deceased, is a codicil to the will of said deceased, that they were present at the execution of said codicil, at the request of the testator subscribed their names to the same as witness in his presence, and that they saw the said Robert Hamilton, now deceased, sign and seal said codicil and heard him acknowledge the same to be a codicil to his last will and testament, that the said Robert Hamilton, at the time of making, signing and sealing said codicil was of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever.
G. S. B. Hempstead
G. R. Scriven
Sworn to and subscribed in open court this 25th day of February AD 1868
C. B. Egerton, Probate Judge
Lawrence County Probate Court ‹ Tuesday, February the 25th, 1868
In the matter of the last will and testament and codicil of Robert Hamilton, deceased.
This day was produced in open court for probate, an instrument of writing purporting to be the last will and testament and codicil thereto of Robert Hamilton, late of Lawrence County, Ohio, deceased. And thereupon came Henry S. Neal and Anna M. Hempstead, the subscribing witnesses to said will, and testified to the due execution thereof as the last will of said Robert Hamilton, deceased.
Also at the same time came Giles S. B. Hempstead and Gardner R. Scriven, the subscribing witnesses to said codicil, and testified to the due execution thereof as a codicil to the aforesaid will. And it appeared to the court by said testimony that said will and codicil were duly executed and attested. And that the said testator at the time of executing the same was of the full age of sound mind and memory and not under any restraint. It is ordered that said will and codicil together with the testimony aforesaid and this order be recorded in the record of wills.
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