d.1834 Clinton, Ohio, United States
Facts and Events
April Term 1834
Francis Jackson deceased
The State of Ohio Clinton County
Be it remembered that a Court of Common Pleas began and holden at Wilmington within and in the year of our Lord one thousand eight hundred and thirty four before George J Smith President and Jesse Hughes Aaron Lowell and James Dakin, his associates Judges of our said Court of Common Pleas the last Will and Testament of Francis Jackson deceased was presented to the Court in form following towit:
1st I Francis Jackson of Clinton County and State of Ohio being sick and weak in body but sound in mind and knowing life uncertain have made this my last will in manner following viz: First it is my will that after my death that my body be decently buried and all funeral expences paid out of my personal estate. 2nd It is my will and desire that my wife Mary Jackson at my death is to have all my real and personal estate as long as she remains a widow but if she should get married then my personal estate is to be equally divided among my children, equally except my son Henry Jackson and William Jackson which is not to have any of my personal estate. At the death of my wife whatever effects of my personal property may be on hand shall be equally divided except Henry and William is to have no share of the personal Estate. 3rd It is my will at the death of my wife or if she should get married then the land or plantation where I now live on is to be my son Henry Jackson's during his life and at his death to go his lawful children and if he should be without lawful children then his land so given to fall to his brothers and sisters except William which is to have no share of sd Land now mentioned. 4th It is my will and desire that my son William is to have the land lying between John Coulters land where I formerly lived at the death of my wife or if she should get married then he is to have the sd place during his life and at his death it is to go to the lawful children but if he should die without lawful issue then the land to fall to his brothers and sisters except Henry which is to have no share of sd place. 5th I have one note on Stacy H. Clear for forty five dollars with Samuel Mitchel security which it is my will that each of my sons and daughters have one dollar paid out of the note to each of them in full of my estate except Henry and William which is to have no share but what has before been given. 6th I do revoke all former wills grants and promises and leave this as my last will to be in full form at my death and wish the same to be caused unto full effect. 7th I do appoint Mary Jackson my executrix and I appoint Samuel Wilson my executor. As witness my hand and seal the 4th day of February 1834.
Attest James McFadden }
I Francis Jackson of Clinton County and state of Ohio being still weak in body but sound in mind have thought proper to explain more fully some parts of my will made on the fourth of February eighteen hundred and thirty four with a few alterations as follows: It is my will that my son William Jackson is to have as much Timber of the place I now live on which I have left to my son Henry Jackson and his children as will put up comfortable building and repare the fences and suply the place in firewood during his life and during the life of his children after him so as not to comit any wast more than what is wanted on sd place I have left him as before mentioned.
For the better explanation of the fifth item of my will where my sons and daughters are mentioned such to have one dollar in full of their part of sd. estate to state there nams as follows: Samuel Jackson, Francis Jackson, Griffy Jackson, Mary Ann Jacksom, Rhua Jackson, Neomi Jackson, Mima Jackson, Betsy Ann Jackson, Rebeckah Jackson. these were the children that are to have one dollar each as sated in the fifith item of my will made on the fourth of February last. All other parts to remain in full force with the small alteration respecting Timber thus and my will made on the fourth of February last I leave as my last to be carried into effect at my death as witness my hand and seal this 20th of February 1834.
Attest John Smith } Frances X his mark Jackson seal
And thereupon Samuel Wilson and James McFadden two of the subscribing witnesses to the said last will and Testament of Francis Jackson deceased personally appeared in open Court and being first duly sworn depose and say that they are subscribing witnesses to the last will and testament of Francis Jackson deceased that they saw said deceased sign and seal said last will and testament and heard him acknowledge the same, that at the time of signing and sealing said last will and testament said deceased was of sound and disposing mind and memory was not under any restraint and that he was over the age of twenty one years; that these deponents signed said will and testament at the request of said Testator and in his presence. And also at the same Term of said Court personally appeared in open Court the aforesaid James McFadden and John Smith the subscribing witnesses to the codicil attached to the last will and Testament of said Francis Jackson deceased and being first duly sworn upon there oaths do say that they are witnesses to the codicil attached to the last will and testament of said deceased, that they saw said deceased sign and seal said codicil; and heard him acknowledge the same; that at the time of signing and sealing said codicil, said deceased was of sound and disposing mind and memory was not under any restraint and that he was over the age of twenty one years; and that they said Smith and McFadden signed said codicil as witnesses and at the request of said deceased. And further these deponents say not.
Sworn to and subscribed in open Court
Ordered by the Court that said will be recorded. It is further ordered that Mary Jackson and Samuel Wilson the executors named in said will execute bond in the sum of six hundred dollars together with James Sherman and William Knox their sureties whom the Court approve. And thereupon the said Mary Jackson and Samuel Wilson Executors as aforesaid together with James Sherman and William Knox their sureties as aforesaid pursuant to the order of the Court aforesaid executed bond and took the oath required by law. The Court appoint Michael Miller, Rasmoth Hawkins and John Peille appraisers of said estate.
Transcribed and contributed by Elvina Hiatt 9 Aug 2012