Will of Brice H Duvall
In the name of the Beuevalent Father of All.
I Brice H Duvall of the County of Belmont and State of Ohio being through
the blessing of god, in a Sound State ofweak mind memory, but Calling to
much the frail tumor of life and that it is affronted to all new once to
die, do make and ordain this my last will and testament: That is to say:
friucifally and finish of all. I do recounced my Soul unto the hands
of Almighty God, Who gave it to me and the disposial of my body I leave
to the entire diseretion of my executor hereinafter named.
With respect to my worldly estate I give, bequeath and dispose of in
the measurses and proportion following:
First, It is my will that my first debts, and all charges be paid out
of ny estate.
Second, I give and bequeath to my three daughters, namely: Rachel H
Duvall, Priscilla A. Duvall and Lydia R Duvall (equally) the farm on which
my son-in-law Cornelius Giffin now lives. Situated in the Township
of York, County of Belmont, Ohio being for the same the east half of the
north west quarter of the section number twenty three, Township ____ and
Range three containing eighty one acres of land except on fourth of an
acre lying near the Pleasant Hill Church now used and inlanded by me as
a family buiral ground together with all my household and kitchen furniture,
beds and bedding to them and thier heirs and assigns forever.
Third, I give and bequeath to my daaughter Elizabeth Giffin fifty acres
of land to be taken from the homeplace where I now live reside including
the dwelling house and out buildings. Sotuate in the County and State aforesaid
being the north end of the east half of thesouth west quarter of section
number Twenty Three, to house and bequeath forever.
Fourth, I give and bequeath to my son-in-law Cornelius Giffin. Fifty
one acres of land, laying and adjoining the above track as willed to my
daughter Elizabeth Giffen, to Heir, or his heirs or assigns forever, he
however is to pay my Executor (for the use as in herein after set forth)
the same of nine hundred dollars within five years after my decease.
Fifth, I give and bequeath to my grandson John Giffen Thirty two acres
of land, lying and adjoining the above track of land as bequeath to my
son-in-law Cornelious Giffen being taken from the track of land as convoyed
by Andrew McMaster to me to have his hiers of assign forever.
Sixth, I give and bequeath to my grandchildren (the heirs of my son
William Duvall) namely Benjamin F, Mary E, John P, Brice H, Wm E,
and Rachel A. Duvall equally between them eighty two acres of land, situated
in the County of Belmont and State of Ohio being the west half of the south
east quarter of the section number twenty Ninetownship four of range three.
To have and to hold the same to their use and bequeath forever.
Seventh, I give and bequeath to my son Daniel D. Duvall fifty dollars
to be paid to to heir out of the proceeds of my personal property within
two years after my decease.
Eighth, I give and bequeath to my daughter Susannah Gratigney two hundred
and fifty dollars and her benefit and ______, I have advanced to her said
sum of two hundred and fifty dollars. As is fully shown by notes of her
signature. Said notes to be held in full satisfaction of the bequest and
to be given in lieu thereof.
Ninth, I give and bequeath to my daughter Sophia Cordell, one hundred
dollars and for herbenifit and advancement to her said sum of one hundred
dollars as id fully shown by note of her signature said sum as advencement
to be held in full satisfaction of this bequest.
Thenth, I give and bequeath to my grandchildren (heirs of my daughter
Sarah Ellen Giffen now deceased) namely Susan Emaline, Cornelius H. and
Mary E the sum of three hundred dollars each to be paid to them by my executors
within five years after my decease.
Eleventh, I give and bequeath to my grandchildren (heirs of my daughter
Mary Ambler, deceased) namely Samuel B., Franny Lesta, Leonidas S., Taffau
Mance, and Myrteu Bannont to be paid equally divided between them six acres
of land, situated in Mead township, Belmont County, Ohio, being the same
peice of parcel of lands as conveyed by Wm. Warren to me by deed &
co, together with all my executor, after final settelment and carrying
into effect of thismy last will and testament.
Twelfith,I hearby nominated and affoinsh my friend WW Scott Executor
of thier my last will and testament. Authorxing and in such manner as he
may deem proper., the debs and claims due me and I further authorize heirs
that should my personal property fail to adjust, all expenses of administrating
on my estate as for the payment of the same.
Thirteenth and Lastly. My express will and meaning is that should any
difference, disputis question or conrovesey arise. Concering this my last
will and testament that no said or siuts in law or otherwise shall be brought.
Commenced or prosecnted for or concerning the same, but that the same may
and shall be reffered wholly to the award order and determination of my
friends Joseph Carl, john G Qwens and SD Myers Esu and what they shall
order direct or determine shall be buiding and conclusive to all and every
person or persons therein concerned.
And I do hereby ______ disallow revoke and disanaul all and every other
former testaments, wills bequest and legacies and executors by me in any
way before named, willed and bequeathed ratifying and confirmeing this
and no other, to be my last will and testament
In witness whereof I hereunto set my hand and seal the 27th day of
June A.D. 1876
Brice H. Duvall (sealed)
Signed, sealed pronounced by the said Bricce H. Duvall, as his last
will and testament in presence of us and we at his request witness the
same.
John G Giffen ) Residence of
James A. Baco ) York Township
In testamony in the matter of the will of Brice H Duvall, deceased
late of Belmont County.
The state of Ohio, Belmont County. SS On the 11th day of February,
A.D. 1878, personally appeared before me CW Carroll, Probate Judge in and
for said county. John G Giffen one of the subscribing witness to a paper
writing this day prescuted to said Court forforting to be the last will
and testament of Brice H. Duvall, late of said county, deceased and being
duly sworn in open Court says that he saw the testator Brice H. Duvall,
sign the said paper writing as and for his last will and testmant: that
he subserebed the same as witness thereto in the presence of the testator
and at his request, that the testator at the ____of signing was of sworn
mind and memory twenty one years of age and not under any restraint
John G Giffen
Taken, reduced to writing and subscribed in open Court at my office
at St Clairville, Ohio, this 11th day of February A.D. 1878.
CW Carroll
Probate Judge
( February 11th 1878
In the matter of the will
( Commisioner ordered to take
Brice H Duvall, deceased
( testimony in relation thereto
(
A paper writing forforting to be the last will and testament of Brice
H Duvall deceased was this day produced in court for probate and at the
same time came John G Griffen one of the subscribing witness to the same
who being finsh duty sworn in open court testified to the due exection
of said will, which testamony reduced to writing and by said witness subseribedand
filled with said will And it appearing to the court that James A Bacco
the other subseribing witness to said will resides without the jurisdiction
of this Court and at Honey Grove Fanin County in the State of Texas. It
is therefore ordered that a commission issue to V. Peyton Esq of said town
and state, the dipocetion of said James A Baco touching the due exceution
of said will according to the statate in such case made and the coming
in of the report of said commisioner
CW Carroll
Probate Judge
Commission to take testimony of witness to will
The State of Ohio, Belmont County, SS:
To V Peyton, Esq Greeting
Know ye, that we in confidence of your prudence and fideitily, have
appointed you and by these presents do give full power and authoity to
examine and take the deforetion of James A Baeo, one of the subseribing
witnesses to the last will and testament of Brice H Duvall hereto aumexed,
kate of the County of Belmont, in the State of Ohio, deseced and therefore
we command you that at contain days and places appointed by you, you cause
the said James A baeo to be brought before and them and there to examine
here on oath or affirmation first taken before you touching the due execution
of said will of the said Brice h Duvall and that you reduce such examination
to writing and return the same, together with its commision and the will
of the said Brice H Duvall thereto annexed. Closed up under your seal,
into our said Probate Court, with all canveiment speed. In testamony whereof,
I CW Carroll Judge of the said Count, have hereunto set my hand and affined
the seat of said count at St Clairsville this eleventh day of February
AD 1878.
CW Carroll
Probate judge (Seal)
Testimony of witness to will.
In the matter of the last will and testament of Brice H Duvall, deceased.
I V Peyton a motony pablie of Fanniu County Texas, duly aprofomted
and commessioned by the Judge of the Probate Court of the County of Belmont
in the State of Ohio to take the testimony of James a Boes one of the subseribing
witness of the last will and testament of Brice H Duvall, deseaced late
a resident of said County of Belmont in the State of Ohio, which commission
and the said will are hereunto annexed. I do hereby certify that in forsuance
of said commission I causd the said James A Baeo, said subseribing witness
as above said to come personally before me, at my officce in the town of
honey Grovwe in the said County of Fannier and the State of Texas, who
being by me finish duly sworn according to law, to speeak the truth the
whole thruth and nothing but the truth conceroming and in relantion to
the exceution of said will, depose and says that he was present of the
makeing of the said attached, marked "A" and at the request of the deceased.
Subscribed his name to said will as witness in the presence of the deceased
thart he saw the said Brice H Duvall decease sign and seal said will and
heard him acknowledge the same to be his last will and testament that the
said Brice H Duvall, deceased was at the time of making signing and sealing
said last will and testament of legal age and of sound mind and memory
and under no _____or unlawful restraint whatsoever
James A Baco
I V Peyton, a matony public of Fannie County Txas do further tesiffy
that the said testimony was reduced to writing by myself in the persents
of said witness and subscribed by said witness in my persence on this 23rd
day of March AD 1878
In testimony where of i have hereunto set my hand and affixed the seal
of my office this 23rd dy of march AD 1878
(Seal)
V Peyton Commisioner
Notery Public Fannjie Co Texas
Probate
In the mattter of the last will of )March 30th 1878
Brice H Duvall
)Will proven
)The commision heretofore issued from the court with the will of said Brice
H Duvall, deceased annixerd directed to V Peyton Esq. to take the testimony
of James A Baco one of the serksering witnesses to the said will was this
day produced in court and filed and in appearing to the satisfaction of
the court sa well by the testimony of John G Giffen owe of the subscribing
witness heretofore