HomeMy WebLinkAbout1468_HOUGH_LYMAN_64_145_02-18-1943•,
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WILL OF LYMAN HOUGH,Deceased~
•
Harpersfield Tp.
BE IT ruD~EMBERED,That on the 2?nd day of December,A.D.1939,
during a ~errn of the Probate Court begun and held at the Court
Hous~in the Village of Jefferson,County of Ashtabula and State
of Ohio,on xhe 1st day of September,A.D.1939,by and before
J.Philip P~rry,JUdge of mid Court,came Matilda Hough,sur-
~iving spouse,and produced in open Court a paper writing,to-wit:
A Will purporting to be the last Will and Testament of Lyman Hough,
late of Harpersfield Township,Ashtab1l.1a County,Ohio,deceased,
and filed herein her application for the probate thereof,which
said ~lill and application are in the 't'rords and figures follo1ving,
to-wlt:-
'V'ILL
I.Lyman Hough,of the City of Cleveland,County of Cuyahoga
and State of Ohio,being 55 years of Rge,and being of sound and
disposing mind and memory,do heroby make,publish and aeclare
this,my last Uil1 and Testament,hereby revoking and making null
.
and void all other last Wills and Testaments by me heretofore made.
Item 1.I desire my just debts and funeral expenses paid as
soon after my decease as my ExecutriX may find convenient.
Item ll~I give,devise and bequeath to my wife,Matilda
Hough,her heirs and assigns forever,all the property,real and
personal,of which I may be possessed at my decease,Whether now
o~med or hereafter acqUired.
Item lll~I a-,point my sa.id Wife,Matilda Hough,Executrix~
of this my last iVill and Tf-'starnent,and I request that she may be
not required to furnish bond as such Executrtx and that an inventory
or appraisal of my estate be not required~
IN TESTIMONY WHEREOF,I have hereunto set my hand at Cleveland,
Ohio,this gth day of August,A.D.1923~
1Jyman Hough~
••
The above and foregoing instrument 'l,rj,")S signed by said Lyman
Hough in our presence,and by him published a.nd declared as and
for his Last Will and Testament,and at his request,and in his
presence,and in the presence of each other,we have hereunto
set our names as subscribing witnesses.
James F.Shaffer residing at 575 East 109 S~.,
Cleveland,Ohio.
Albert F.Schultz residing at 676 East l09th St.,
Cleveland,Ohio~
APPLICATION
In the Matter of the Last Will
and Testament of Lyman Hough,
Deceased~
)Probate Court,Ashtabula.County,
)hio~
)APPLICATION TO ADMIT TO PROBATE
)To the Probate Court of said County:
)
Your petitioner respectfully represents that Lyman Hough late a
resident of the Township of Harpersfield in said County,died on
or abou~the 6th day of Dec.,1939,leaVing an instrument in writing,
herewith produced,purporting to be his last Will and Testament~
ThRt the said Lyman Hough died leaving Matilda Hough,his Widow,who
resides at Harpersfield Township and the following na~ed persons
his only next of kin,to-Wit:
NA~E
Me.tilde Hough
AGE
67
KINSHIP
Wife
P.O.P.DDRESS
Geneva,O.R.D.3.
Your petitioner offers said Will for probate and prays that a time
may be fixed for the proving of the same,and that said above
named persons residents in this State may be notified according to
law of the pendency of said proceedings~
Matilda Hough,Petitioner~
The State of Ohio,Ashtabula County,ss.The above named Matilda Hough
being first duly sworn says that-the facts stated and allegations
in the foregoing application contained,are true,as she verily
believes~Matilda.Hough
Sworn to before me and signed in my presence,this 20th day of
Dec~,1939~
(SEAL)
2
J.C.Goddard,Notarv Public,
Ashtabula Co.O~
••
Also on the same day on motion and it appearing to the Court
that James F.Shaffer,one of the subscribing witnesses to said
Will,resides without the jurisdiction of this Court and that
he re8i~es at Cleveland,Cuyahoga Count;T,Ohio,and it furthe~
appearing to the Court that Albert F.Schultz,one of the sub-
scrib~ng witnesses to said Will,has sinde the date of said Will,
to-wit:August g,1923,gone to parts unknown,it is ordered that
a comnission with said Will thereto annexed be,and the seme was
duly issued herein to John H.Pinard,of Cleveland,Ohio,he being
a suitable disinterested person,authorizing and emrowering him
to take,certify and return the deposition of s~id James F.Shaffer,
subscribing Witness as aforesAid,and also further authorizing
and empowering him to take,certify and return the deposition of
James F.Shaffer as to the fact that s~id Albert F.Schultz,
subsc~ibing witness as aforesaid,has gone to parts unknown,as to
his acquaintance with his handwriting and to the genuineness of his
signature as such subscribing Witness,and ~Thich said Will and
commi3sion werA duly forwarded to said commissioner,and the appli-
catio~for the probate of said Will is hereby conti~ued~
Afterwards,to-wit:-On the 7th day of January,A.D.1939,
John H.Pinard,the commissioner heretoforp.appointed herein,
returned the commission with the last Will and Test~ment of
Lyman Hough,deceased,thereto annexed,heretofore issued to him
herein,With the deposition of James F.Shaffer,one of the sub-
scribing Witnesses to said Will,dUly taken,signed and certified
pursuant to the commission thereto annexed,and with the deposition
of James F.Shaffer,called as a witness as to the fact that since
the date of the execution of the Last Will and TestaMent of said
Lyman Hough,deceased,Albert F.Schultz,one of the subscribing
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witnessp,s to said Will,has gone to parts unknown,and to the
genuineness of his siBnature as such subscribing witness,duly
taken,signed and certified,pursuant to the commission thereto
annexei,which said commission,deposition and certificate are
in the words and figures follo~fTing,to-wit:-
COMMISSION
In the l~atter of THE \nLL OF )Probate Court,Ashtabulr County,Ohio~
)PROBATE OF WILL
Lyman Hough,Deceased.)COMMISSION
To John H.Pinard,GREETING:You have been duly appointed bJr the
Probate Court of said County to take the Deposition of James F.
Shaffer,one of the subscribing witnesses to the Will of Lyman
Hough,deceased,and also as to his knowledge of and the genuineness
of the signature of Albert F.Schultz,the other subscribing witness
to the Will of Lyman Hough,deceased,late of the County of
Ashtabula,State of Ohio,hereto annexed.You·Will therefore cause
the said James F.Shaffer to come bAfore you at a certain time and
place,and then and there examine him on oath or affirmation first
taken before you touching the due execution of said Will of said
Lyman Hough,deceased,and also examine him as to the dieanpearance of '
Albert F.Schultz,and as to his acquaintance with and genuineness
of his signature as such subscribing Witness and return such
eposition,together with this Commission and said Will thereto
annexed,closed up under seal to said Court With al:convenient
speed~WITNESS my signature and the seal of said Court,this 22nd
day of December,1938.
(SEAL)
DEPOSITION
J.Philin Perry,Judge and ex-officlo Clerk
By Troia Campbell,Deputy Clerk~
In the Matter of "THE WILL OF )Probate Court,Ashtabula County,Ohio.
)PROBATE OF WILL
Lyman Hough,Der-eased~)DEPOSITICN
Depoaition of James F.Shaffer,one of the subscriting Witnesses
to the Will of Lyman Hough,deceased,late of the County of
Ashtabula,State of Ohio,in said matter pending i~said Court,
4
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taken before me,a Commissioner appointed by said Court pursuant
to the annexed commission,on the --------day of---------------
19---,at James F.Shaffer of lawful age,
being by me duly sworn,as herp,inaftAr certified,deposps and says:
That he was pres~nt at the execution of the instrument of writing
now before him,bearing date the gth day of August,1923,purporting
to be the Will of Lyman Hough,deceased;that he subscribed his
his name thereto as witness,at the request of said Testator and in
his presence;that he saw said Lyman Hough subscribe his name,
he~rd him acknoWledge his signature at the end of said instrument
and that said Lyman Hough at the time of executing tte same was
of full age,of sound mind and memory,and not under restraint.
James 1.Shpffer,also deposes and says that Albert F.Schultz,
whose ~ame appears as one of the subscribing witnesses to the last
will a~d testament of Lyman Hough,deceased,hereuntc annexed,has,
since the date of said Will,August g,1923,left for parts unknown;
that he is well acquainted with the handwriting and 6ignature of
said departed lntnes8,and that the signature of saie Albert F.
SchUltz,purporting to be his as one of the subscribing Witnesses to
said Will is the true and genuine signature of the s£id departed
witness,Albert F.Schultz~
James F.Shaffer
CERTIFICATE'
The S...ate of Ohio,Cuyahoga County,ss.I,John H.Pinaro.,duly
anpointed and commissioned by the Probate Court of the County of
Ash~abula,and the State of OhiO,to take the deposition of James
F.ShRffer,one of the subscribing witnesses to the Will of Lyman
Hough,deceased,and of James F.S~~ffer,as to his knowledge of
an0 the genuineness of the signatu~e of Albert F.SchUltz,the
other subscribing witness to the Hill of Lyman Hough,deceased,
late of Ashtabula County,StRte of Ohio,which commission and the
s8,id Will are hereto annexed,do hereby certify that in pursuance
5
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of sa~d Commission I caused thp above named James F.Shaffer,
subscribing witness as aforesaid,to appear before me at the time
and place above mentioned;that he was by me first dUly sworn to
testi~y the truth,the whole truth,and nothing but the truth,in
relation to the execution of said will,and to his acquaintance
with and the genuineness of the signature of Albert F.Schultz,
thp.other witness to said Will,and that thp.deposition by him
subscribed,as a ove set forth was reduced to writing by me and,
also,so \~itten in the presence of the witnes~aforenamed and was
subscribed by the sa.id witness in my presence,and I furthp.r certify
that I am not counsel,attorney or relative of any of the parties
named in said Will,or otherwise interested in the robate thereof.
In ~itness wherpof,I hpve hp.reunto subscribed my na~e this 5th
day o~January,1939.
John H.Pinard,Commissioner•
.hp.reupon on motion the application for the probate of said Will
came on to be hfard,and it appe~ring to the Court that Matilda Hough,
surviving spouse of said decedent,is the proponent,that there are
no next of kin of said decedent resident of the State of Ohio and
therefore no notice is neces~ary;that said Uill was duly executed
and attested;that said Testator at the time of executing the same
was of full and legal age,of sound and disposing mind and memory
and not under any restraint,it is by the Court ordered that said
Will be and the same is hereby admitted to probate a3d filed,and
with said tAstimony ann other proceedings her~in had,orderpd of
recorf,and the costs herein are hereby adjud~ed agai~st the estate
~saic decedent.
C E R T I F I CAT E
I,J.Philiu Perry,JUd~e and Ex-officio Clerk of the Probete
Court Within and for said County,do hereby certify that the above
and fcregoing is a full,true and correct copy and r3cord of the
Valid Last Will and Testament of Lyman Hough,late o~Harpersfield
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in said County,as proved and admitted to probate by and in this
Court on the 7th day of January,1939,t~gether with the app1ica:ion
for the probate thereof,thp testimony in proof thereof,the Orders
of the Court thereon.
J.hi1ip Perry,Probate Judge.
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•THE STATE OF OHiO,
ASHTABULA COUNTY,55.I.IN THE PROBATE COURT
I,--__~.!__I:h.~~_~p__~~~!.:{,Judge and
ex-officio Clerk of the Probate Court within and for said County,duly
commissioned and qualified,having,by law,the custody of the Seal,and
all the Records,Books,Documents and Papers,of,or appertaining to
said Probate Court,hereby certify that the within and following ~S _
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--------------------------------------------------------------
--------------------------------------------------------------
day of JJBDJlar~--------------,19--_43
IN THE PROBATE COURT
THE STATE {)F OHIO,t
ASHTABULA COUNTY,)55.
as the same aprear t::pcn the records of the Probate Court for said County and that the same is a correct
transcriPt from Ihe Records of said Court.I further certifv that the Ohio InheritancTaxhasbeendeterminedandnotaxfounatobed~~
11\-TESTI~'IONY WHEREOF,I have hereunto set my hand and al of sai Court,this _5-th-_
I,..;r~__!'_1}t1.tP__~_fH'J'..x Judge of ~he
Probate Court,within and for said County,certify that _
__~_.__?_~~_~~_~__~~F_.~y ,whose signature is
affixed to the paper hereunto annexed,is ex-officio Clerk of said Court;
that as such officer,he has the keeping and custody of all the Files,Rec-
ords and Proceedings of said Court,and is,by law the preper person to
make out and certify copies of all Records and Proceec.ings of said
Court;that full faith and credit is and ought to be given to his acts and
attestations done as aforesaid,and t t his attestation to tl:.e paper here-
to annexed is in due form.Q
WITNESS my hand,and 5eal of said Court,this 5__da of _ _..EDJlar-Y ----D._A~
~..
PROBATE COURT
I,J......._P~ili.p.-P-er...ry-----------------Clerk of the
Probate Court of the County of Ashtabula,in the State of Ohio,do here-
by certify that ~..__rhlJ._1~__P_e.r.r.s------------------_
whose name appears to the preceding certificate,is the scle Judge of
the Probate Court of the County of Ashtabula aforesaid,duly elected,
sworn and qualified,and that the signature of said Judge t)said certifi-
cate is genuine.
}55.
.~
IN WrfI'I ,~~rr::REOF,I herunto set my hand and affix the seal of sa·
day of ~~_!'!":l~~Y..A.D.19_1±:3_