HomeMy WebLinkAbout1405_HAINES_BERTHA_60_558_08-17-1940..
LJ,S'T 'IL...L AND TES'.::'AI:IENT OF D::::'RTI I.E Ii~S.
I,Dertha I.Haines of the tovmship of Caiiz,county of Harrison,
and State of Ohio,being of fu~l age and of sound mind ad memorY,do make,
pu~lish and declare this ~o be my last Will and Testament,hereby revoking
all ~i~ls by me heretofore made.
Item 1.I direct that a~l ~y just debts and funeral expenses be
paid oUD of my estate,as soon as pr~cticable after the time of my decease ••
Item 2.I give and devis e te·my h"sband,VJilliam Haines ,my real
estate consisting of an undivided one-half intsrest in a Four Acre tract
situated in the 'v"est half of SE-ction h/ent:r six,townsh,-p ten,range five,
being the same premises c()nveyed to rLy daughter,Olive I\~cKibben and me,by
Deed bearing date of July 31,1933,and recorded in Deed Record 97,Page 78
Harriscn Co~~ty Rpcords of Deeds,for and ~uring his natural life,and after
his decease I give and devise the same to .TI·';l chilc..ren,;allis Haines,'..ilda
Slater and Olive :,lcKibben in equal shares,absolutely ar.d in fee sim~le.
Item 3.I eive ar:d tequeath to .ny son,"/illis Haines or to his
Executor or Admin-=-st'ators any and all debts whicl:may be owing from him,or
his esLate,to me at the ~ime of my dec~ase and I direct that any ano all
Notes or other ins:bruments evic.en~nO"said debts ce surrendered and delivered
up to said liJillis Haines or to his Exec'utor or Adrr':"nistrators.
Item 4.All the residue of my Estate,real or personal wheresoever
situated,which I lnay own or which I ~ay have coming to me by way of
inheritance at the tinle of my decease I direct it to be divided as follo's:
One-third to my husbamd,VlilliaJll haines and the remaininr;tw~thirds
to be divided equally,shars and s~arc ~like betwee~p.~t~ree children,
V;illis Haines,'.:ilda Slate::-and 01i'e I'.IcKi bben.
Item 5.I hereby nom~nate and apnoint my ..-'sband,'..illiam Haines,
the executor'of this,my L8St ::ill and Tesl[J)lent,hereby !'tUthorizing and
empo~ler-=-ng my said executor to compo1..md,com"Dromise,sel tle anc adjust all
claims and denands in favor of or a~ainst my estate,anc to sell at private
or .,ublic sale,at such pr:'ces and u20n such terms of credit or otherwise as he
may deer;],best,the 1/;hole or any .;)art of my real es~ate or personal property,
and to execute and ackrlowledce and deliver deeds and other proper instru.~ents
of con'eyance,to the purch~ser or purchasers.
I direct that no bond be req1.Airec.of TIl,'said Executor.
Dated at Cadiz,Ohi:::.,this 7th (lay of November,A.D.1938.
Bertha I.ll~ines •
0i~ned by Bertha I.Haines,and by her ackLowled~ed to be her Last Will
and Tos ament in our prc:=ence,sight and he'·,ring,v;ho at her request have
hereunto subscribed our narr:es as \Idtnesses In her rrE';coence and in the ")resence
of eQch other,at Cadiz,vh~o,this 7th day of Nove~ber,A.D.1938 .
•1.Ralph \!allE ce,re C1iding at r,.o Jrefield,Jhio.
diss Verda Frye,resijing at Cll:rington,Oh':'o.
Jas G.Co :pher,residing at L()or :ifield ,Oh':"o.
Prob.905-B BARRET:"BROTHERS,PUBLISHERS,SPRINGFIELD,OHIO
JOURNAL ENTRY
General Code,Sec.10504-2:<
....
Probate Court,Jr.?-.r.:!::.~..s..?.~County,O.Lar.6 1939............................................................................
In the Matter of the TY'ill of (
.....~.~.:r..t.h9:.:;r:..!~.?~.;\..n.~.~.._.
Deceased
Order Admitting to Probate and Record
This matter came on this day further to bg heGlrd,on the application of
.....i:'.i.lli.am Haine..s to admit to probate and
record the Will of.l?e.rt.ha .I.•....Raine.s ..
deceased,late of the..To.:vm..s.hi.~_of.c.[.."iz..,.in sal:d County,
heretofore filed in this Court.
It is now shown to the satiJfaction of the Court that said decedent died leaving
............Y:.i.l.l.J..mn.UaJn..~.s _surviving spouse,
and that the surviving spouse and aU the next of kin of said decedent,known to be
resident of the State,h(l,ve-b-e-enrd~by-~~d-wirth-n:otif:e-rJf-tlt&ftlirtf!-of-sTllid-W-iltlrfLnd-
of-tfte-atp-plirxttirm-tfJ''fLd..-,,;bt--i-h -t(J -pr(Jba:~-(J;rt&J -rtJ"ert-,.d--in-#cit!~j""l;t1"'t!UJCtJt'tfr /;(J-"tlr f rtr-
7J'lieT-ord~,.'f)f-this-ert~.,..t-;fJ.,..waived notice and given consent to the probate
of said Will.
And ·f ~.R.a.lph ·!.'..~l.l.o...c..e ~.n.Q.J.a.me.G Go.,~::h..r.,
.............................................................................................................................................................._the
subscribing witnesses to said WiU,rtnri ,
......................................................................_":':.·::tkrrsumr;ribirt-g uitn:es-se-s-trr tlre-8('}di:cib;tt
parl;-tfT:r!r~of,this day appeared in open Court and having been du,ly sworn,testified
respectively to the due executior.,and attestation of said Will rJJ1td-of-$criid--fJ-od-ieii,-
which testimony was reduced tc writing,was subscribed by them respectively,and
was filed with sa.id Will.
Whereupon the C-ourt finds
ttJ'.t'ether---wtth---satrr --eudtr:il,is
that
the
the aforesaid instn~ment of writing,
last Will and Testament of sald
...........................................................................................J:3l3..::-:.t.h"3.-:r:.~I:I.9.JD.'?.$.__..__deceased;that it was
d~ly e.x;ecuted and attested;and that the said testator,at the time of signing said
Will,was of full age,of sQund mind and memory and not under any restraint.
Therefore the Court orders the admitting oj'said Will to probate,and that it,
together with the said testimony of th,g witnesses above named,be entered of record
in-this Court,
Fred J.VicS.."'ner
Probate Judte
The State of Ohio,....County.
I,the undersigned,Judge and ex-officio Clerk of the Probate Court within and
for said County,and in whose cu,stody the Files,Journals and Records of said Cor~rt are
reqr"ired by the laws of the State of Ohio to be kept,do hereby certify that the foregoing
entry is taken and copied from the journal of the proceedings of said Court;that the
same has been compared by me with the original entry on said journal,and that it is
a true and correct copy thereof
IN TESTIMONY vVHEREOF,I hereunto subscribe my
name officially and affix the seal of said Court,
this day of..19 .
Judge and ex-officio Clerk
Deputy Clerk
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Prob.4 BARRBTTB.ROTHERS,PU~LI$HERS,SPRJNG::IELD,OHIO
LETTERS TESTAMENTARY
General CJde,Sec.10506-2,-4,-16,-65,10509-2,10511-10...
The State of Ohio,;a;a.::r:'.:r.~.13..<?T.l_COUf.ty.Probate Court
I,E.~~.cL.cI~:!..~.~.~.f...___ ,Judge of the Probate Court within
and for said County,i"!1J the 7Umte and by the authority of the State of Ohio,do by
these presents MAKE XNOWN,that in said Probate Court at....__....__..._..g~~.~.~...._......,
Ohio,on the !.day of .J~?:r.sJ)_19'!2.~..,the last Will of
...........................................!?~~.~Q?:._I.!~gJn~.~__..___.__,deceased,
late of .Q~sJ?,;__.~~y!~.?~E --------__.....__in said County
<t~__.'?~r~--.~r--y~~-<?:~...~.~...~~~~.~.c::~--~.J:?l:1.~~.~.~..-----------..was duly proved and allowed
by said Court;and that the adr""inistration of all and singular the goods;chattels,
lights and credits of said deceased any way concerningr::~~__....last Will was COTJ1r
rnitted to ----..!.':~~.~.~~..:--}!.~~~.~~--__..of ._~.~.?:~.~.1...!.t.~.12~..__#.1:__,
the Executor in the SQ,id Will named;and the said Executor shall,
1..AIalee and retu·rn to the Cou~·t,on oath,within the time required by·law,a
true inventory of all the moneys,goods,chattels,rights and credits of the Testator
which are by law to be administered,and which CO'1ne to ·.._~.~_?......__posEession or
knowledge;and an in'Jentory of the real estate of the deceased;
2.Administer ac,;ording to law and the will of the Testator,all__P:.E!.~~...........
goods,chattels,rights and credits,the proceeds of any action for wrongful death,or
of any settle7nent,with or witho~t su~t,of a wrongful death claim,and the proceeds
of all__..__.~.~.~.....__.real estate sold,which C07ne to the possession of the Executor
or to the possession of any other person for--...?_~.!'.__...__....__;
3.Render upon orzth,a just and true account of .~.~.f?..administrc7>tion,at
the ti7ne or times when required by the Court or the law.Failing to do so for thirty
days after..--....~.~--.--.--..----..~been notifled by the Probate Judge of the expiration
of the tinte,..h-.f?._may fo.-,.thwith be removed by the Court and__..h~L ....
shall receive no allowance for services,unless the Cou,rt enters upon its jourrtal that
such delay was necessary and rexsonable;
Faithfully and h01WStly dise;har~e th e duties devolving upon __.hJ!l1........as
such Executor.
IN TESTI.AIOJlfY rf'HEREfJF,I have hereunto affixed the seal of said Court
t Ccdiza·.....__........,
(seal)
Ohio,this ..~.day of __.)i~~_:r_~h .._.._.)If]!).~__.
Frcd J..;;agner
Judge and ex-offielD Clerk
By
(1)If so say "a copy of wh:ch is l-.ereto annexed."
Deputy Clerk
The State of Ohio,County.
I,,Judge and ex-officio Clerk of the
Probate Court within and for said County and in whose custody tke Files,]ournalsand
Records of said Court are required by the Laws of the State of Ohio to be kept,do
hereby certify that the foregoing is a true copy of the original Letters Testamentary
granted in the pre7nises by said Court,and remaining on file and of record in this
office.Said estate is still pending in this Court and said Letters Testamentary are
still in fl.f>ll force and effect.
JiVITNESS my signature and the seal of said Court,
this _._day of ,19 .
Jud~e and ex-officio Clerk
By
Deputy Cleric
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Prob.665-A ,..BARRETT BROTHERS,PUBLISHERS.SPRlNGFlELD,OHIO
CERTIFICATE TO COPIES
U.S.Slatutes,Sec.90S.G.C.of Ohio,Sec.15330
THE STATE OF OHIO,I
>
............................Har.r.i.son County,ss.)
PROBATE COURT
I,F.r.ed J i".[~ne.r.................,Judge and e:x-officio Clerk of the
Probate Court within and for 5aid County,having the custody of the Files,Journals
a.nd Records oj'said Court,do hereby certify that the loregoing is a true copy of
Last Will and Testament of Bertha I •Haines,deceased,and of the
Journal Entry-Order Agmi tting said 'Jill to Probate and Record,and
of the Letters restamentary issued to William Haines as Executor
of the estate of said deceased,
as the same appear upon the records of said Co~rt;and I further certify,that I
have carefully compared the foregoing copy with the original record,and that the
same is a full and correct transcript thereof.
In Witness Whereof,I have herei.tnto set my hand and a/fixed the
seal of st.:tid Court,at G.adi.z ·Ohio,
this....8th day o/f2 It1":I}OA.D.194~f~~~;;,:~ff;~;;,?f~~~~;
....
The State of Ohio,J.:I.~r.:r:'..i.-~<?!:l County,ss.
I,the l,t-ndersigned,sole Ju.dge Gf the Probate Court within and for said COLt-nty
and State,the same bezng a COLI.,rt of Law and of record,do hereby certify that Lt-nder
the la,ws of the Stcde of Ohio,the Judge of the Probate Court is ex-officio the Clerk of
lds own Court.And I.further certif.y that I,the said f..:r.f3..g .;r.~w.?:.D:.~.:r.,
whose genuine signatfA,f'e is attxchea:to the foreguin}!certificate,Q,m,and was at the
time of signing the same,ex-officio C~erk 01 said Probate Court,and as such,lull faith
and credit are due my acts,and that the above certificate and (,~ttpst(~tion a.re in due
lorm of law,and made by the p;~oper officer.
In Witness Whe::-eof,I have hereunto set my hand and affixed the
seal of S(1,id Court,at .9..C1.?:.~.~Ohio,
this.8~~day~~~'j~¥f~~O.
·HarrisonTheStateofOhiO,County,55.
I J the 7-tndersignedJ ex-officio Clerk of the Probate Court within and for said
County and State aforesaid,hereby certify that I J the said .
Fred J.Waf~ner ,.p'b t C t~,a·m aTso the sole Judge OJ sald Pro a e our,
duly commissioned a,nd qlw,lifiedJ and now acting as such.
IN JiVITNESS TfI'HEREOF,I have herez[nto set my hand and affixed the
seal of said Court at.....~~~.~.~'.DhioJ