Will of William Earles Submitted by: Jim Earles
Will Book 3 Page 453
Lawrence County Probate Court, October 11, 1890
Pleas in the Probate Court with and for the County of Lawrence and State of Ohio, before Lot Davis, Judge of said court, at a session thereof, held at the Court House in Ironton, on the 11th day of October A. D. 1890.
Be it remembered, that heretofore, To wit: on the 25th day of September A. D. 1890, an application was filed herein as follows:
Application for Probate of Will
To the Honorable Lot Davis, Judge of the Probate Court in and for said County: Your petitioner respectfully represents that William Earles, deceased, a resident of the Township of Windsor in said County, died on or about the 10th day of August A. D. 1890, leaving an instrument in writing hereto attached, purporting to be his last Will and Testament: That the said William Earles died leaving Arta Earles, and the following named persons his only next of kin, resident of the State of Ohio:
- Sarah J. Dement Daughter Suiter, OH
- Bennett T. Earles Son Willow Wood, OH
- John W. Earles Son Webb City, Jasper Co, MO
- Charles L. Earles Son West Joplin, Jasper Co, MO
- Mollie Ball Daughter Arabia, OH
- Lida V. Neptune Daughter Mt. Rose, Henry Co, MO
- Lucinda McCorkle Daughter Russell’s Place, OH
- James W. Earles Son Washington (State)
- Amanda E. Lawrence Daughter Decatur, Kansas
- Flora E. Ellsworth Daughter Wilgus, OH
- Ella V. Lawrence Daughter Washington (State)
Your petitioner prays that a time may be fixed for the opening of said Will and that said above-named persons may be notified according to law, of the pending of said proceedings.
Arta (her mark) Earles
The foregoing application was signed in my presence and sworn before me, on this 25th day of September A. D. 1890.
Lot Davis Probate Judge
Lawrence County Probate Court September 25, 1890
This day an instrument of writing purporting to be the last Will and Testament of William Earles, late of Windsor Township, in this County, deceased, was produced in open court for probate. On consideration whereof, it is ordered that the said Will be filed in this court and that due notice thereof be given to Sarah J. Dement, B.T. Earles, Mollie Ball, Lucinda McCorkle, Florence E. Ellsworth, (the widow entered her appearance) next of kin of the testator; resident of the State of Ohio, that said application will be for hearing before this Court on the 11th day of October A. D. 1890, at 10 o’clock A. M. Lat Davis Probate Judge
Wherefore, on said 25th day of September A. D. 1890, there issued a notice from said Court in words and figures as follows, To Wit:
The State of Ohio, Lawrence County.
In Probate Court on the matter of the last Will and Testament of William Earles, deceased. To David Gassett: You are hereby commanded to notify Sarah J. Dement, Bennet T. Earles, Mollie Ball, Lucinda McCorkle, and Florence E. Ellsworth, giving at least 3 days’ notice that on the 25 days of September A. D. 1890, an instrument of writing purporting to be the last Will and Testament of William Earles, late of Windsor Township, in said County, deceased, was produced in open court and an application to admit the same to probate was on the same day made in said court. Said application will be for hearing before this Court, on the 11th day of October A. D. 1890, at 10 o’clock A. M. Herein fail not but of this writ, and service thereof make due return. Witness my signature as Judge of the Probate Court, and the seal of said Court, this 25th day of September 1890.
Lot Davis Probate Judge
And afterward, To Wit: on the 11th day of October 1890, said notice was returned to Court and filed with the following endorsement thereon:
The State of Ohio, Lawrence County.
David Gassett, being duly sworn, says that on the 6th and 7th days of October A. D. 1890, he served the within notice by delivering a true copy thereof to the within named Sarah J. Dement, Bennett T. Earles, Mollie Ball, Lucinda McCorkle, and Florence E. Ellsworth by delivering to each a true copy of this writ.
David Gassett
Signed in my presence and sworn before me this 11th day of October A. D. 1890.
Lot Davis Probate Judge
By Fred A. Ross Deputy
Will
In the name of the Benevolent Father of all. I, William Earles of the County of Lawrence, State of Ohio, and Township of Windsor, do make and publish this my last Will and Testament.
First: I give and devise to my beloved wife her natural lifetime, the farm on which we now situated in the County of Lawrence and Township of Windsor, containing two hundred acres and all the stock of every description, all household goods and furniture of all kinds, provisions and other goods and all chattels and money which may be in my possession or due me at my death, during her natural lifetime as aforesaid. Also to collect what may be due and pay all debts, if any there should be.
At the death of my wife, the real estate aforesaid is to be divided into two lots, sixty acres of the upper end or part and one hundred and forty acres on the lower end or part. After said real estate is sold, I give and devise to my son James W. Earles, the sum of three hundred dollars and his heirs. And after all the property is disposed of, I give and devise to my son Bennett T. Earles, the sum of five dollars, of which he has received the sum of six hundred dollars.
I also give and devise to my daughter Sarah Dement and to my son John W. Earles and to Charles L. Earles and Mary Allison Ball and Eliza V. Neptune and Lucinda McCorkle and Amandy Earles and Florence and Viola E. Earles and James W. Earles. Each of my above-named heirs is to receive equally in all my estate, and my son James W. Earles is to be made equal with the other heirs over and above the three hundred dollars. I do hereby revoke all former Wills made by me.
In testimony hereof, I have hereunto set my hand and seal this 29th day of January in the year 1878.
William Earles Seal
Signed and acknowledged by said William Earles as his last Will in our presence and signed by us in his presence.
Stephen P. Smith William Starkey
And afterward, to wit: on the 11th day of October A. D. 1890, the testimony in relation to the execution of said Will was taken in words and figures following, to wit:
The State of Ohio, Lawrence County,
In Probate Court personally appeared in open court, William Starkey, one of the subscribing witnesses to the last Will and Testament of William Earles, late of Windsor Township, in said 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, disposes and says that the paper before him bearing date 29th day of January A. D. 1878, purporting to be the last Will and Testament of William Earles, now deceased, is the Will of said deceased, that he was present at the execution of said Will, and, at the request of the Testator, subscribed his name to the same as witness in his presence; that he saw the said William Earles, deceased, sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament; and that the said William Earles, at the time of making, signing, and sealing said Will, was of full age, of sound mind and memory, and not under any restraint, and he further says that Stephen Smith, the other subscribing witness is now deceased.
William Starkey
Sworn and subscribed by the said witness in open court this 11th day of October A. D. 1890.
Lot Davis Probate Judge
By F. A. Ross Deputy
The State of Ohio, Lawrence County.
In Probate Court, I William Starkey, being duly sworn in open court this 11th day of October 1890, dispose and say that Stephen P. Smith, whose name appears as one of the subscribing witnesses to the last Will and Testament of William Earles, deceased, hereunto annexed, has since the date of said Will, January 29th, 1878, deceased, that I am well acquainted with the handwriting and signature of said deceased witness, and that the signature of said Stephen P. Smith, purporting to be his, as one of the subscribing witnesses to said Will, is the true and genuine signature of said deceased witness, Stephen P. Smith.
William Starkey
Sworn to before me and signed in my presence, in open court, this day and year first above written.
Lot Davis Probate Judge
By Fred A Ross Deputy
The State of Ohio, Lawrence County.
Personally appeared in open court John Russell, who being duly sworn and examined as a witness in the matter of the last Will and Testament of William Earles, deposes and says that he was well acquainted with William Earles during his lifetime, and with his signature; that the signature of said William Earles as it appears on an instrument purporting to be his Will, bearing date January 29th, 1878, is his genuine signature; that at the date aforesaid, to wit: the 29th day of January A. D. 1878, the said testator was of full age, and of sound mind and memory.
John Russell
Signed in my presence and sworn to before me this 11th day of October 1890.
Lot Davis Probate Judge
By Fred A. Ross Deputy
The State of Ohio, Lawrence County.
Personally appeared in open court A. M. Thornlow, who being duly sworn and examined as a witness in the matter of the last Will and Testament of William Earles, deposes and says that he was well acquainted with William Earles during his lifetime, and with his signature; that the signature of said William Earles as it appears on an instrument purporting to be his Will, bearing date January 29th, 1878, is his genuine signature; that at the date aforesaid, to wit: the 29th day of January A. D. 1878, the said testator was of full age, and of sound mind and memory.
M. Thornlow
Signed in my presence and sworn to before me this 11th day of October 1890.
Lot Davis Probate Judge
By Fred A. Ross Deputy
And afterward, to wit: on the said 11th day of October A. D. 1890, an entry in the journal was made as follows: Lawrence County Probate Court, October 11, 1890, Be it remembered that heretofore, to wit: on the 25th day of September 1890, an instrument of writing, purporting to be the last Will and Testament of William Earles, late of Windsor Township, in this County, deceased, was produced in open court for probate and was then filed, and it now being shown to the satisfaction of the Court, that due notice of the filing of said Will, and of the application to admit the same to probate and record in this Court, has been given to
- Arta Earles, his widow, and
- Sarah J. Dement,
- Bennett T. Earles,
- Mollie Ball,
- Lucinda McCorkle, and
- Florence E. Ellsworth, next of kin of the testator, resident of the State of Ohio, pursuant to a former order of this Court;
Therefore on this day came William Starkey, one of the subscribing witnesses to said Will, and A. M. Thornlow, and John Russell, who being duly sworn, testified to the execution and attestation of said Will, which testimony was reduced to writing, by them respectively, subscribed and filed with said Will.
From which evidence the Court finds that the aforesaid instrument of writing is the last Will and Testament of William Earles, deceased. That the same was duly executed and attested, and that the testator at the time of making, signing, and sealing the same was of full age, of sound mind and memory, and not under any restraint.
That Stephen P. Smith, one of the subscribing witnesses to said Will, has, since the execution thereof, died, and reasonable proof of his signature has been obtained. Whereof, it is by the Court ordered, that the said Will be admitted to probate and that the same, together with the testimony of the witnesses above named as well as the proceedings had thereon, be entered of record in the Court.
Lot Davis Probate Judge
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