Transcript:Hocking, Ohio, United States. Will Records, 1819-1894/Clendenen, Andrew

Transcribed Will Records, Vol. 1, pp. 144-145. Link to image on FamilySearch

Andrew Clendenen's Will

I, Andrew Clendenen of the County of Hocking and State of Ohio, do make and publish this my last will and testament, in manner and form following, that is to say.

First, It is my will that my funeral expenses and all my just debt be fully paid.

Second, I give devise and bequeath to my beloved wife Mary Clendenen, in lieu of her dower, the one third of all the monies arising from the sale of my fan on which we reside and so much out of my personal property or monies arising form the sale of the same, as my Executor shall deem proper sufficient for her support for one year after my death, and at the death of my said wife, all the properties, monies and effects, hereby devised or bequeathed to her as aforesaid, or so much thereof as may then remain unexpended, to my six children as follows: David, James, Mary, William, Anderson, and Elinor and her heirs, and their heirs and assigns forever.

Third. It is my will that a fair valuation be made of all my property, both real and personal. My personal property to be sold at public sale. My real estate is to be sold by my Executor, either at public or private sale, as he shall deem best, and convey the same in fee simple, in as full and large a manner as I would have done if living.

Fourth= It is my will that my executor pay to my six children, share and share alike, as soon as by him collected, all monies that shall come into his hands as Executor of my estate, excepting One Hundred Dollars to be paid my daughter Mary, over and above her equal share with the other five children, and also one cow, one Bureau, and two beds and bedding to be taken by my daughter Mary at her own selection, and not to be taken into the valuation of my said property.

Fifth. I give, devise and bequeath to my grand=daughter Mary Margaret, daughter of Andrew Clendenen, Jr. twenty-five dollars.

Sixth. It is also my will that when my real property be sold, that a reservation be made of one=half acre of land, in the south=west corner of said farm for the purpose of a buring [sic] ground, to maintain in that state forever.

And Lastly. I hereby constitute and appoint my friend Andrew Foust, to be the Executor of this my Last Will and Testament, revoking and annulling all former wills by me made, and ratifying and confirming this and no other to be my last will and testament.

In testimony whereof I have hereunto set my hand and seal this 14th day of August, 1850.

Andrew Clendenen his mark

Signed, published and declared by the above named Andrew Clendenen, Sr. as his last will and Testament, in presence of us, who at his request, have signed as witnesses to the same.

George Mayes

John Grubb

The State of Ohio, Hocking County Ss

As George Mays and John Grubb being duly sworn in said Court this 21st [unclear; the first digit is definitely a 2] day of April 1881 [sic], depose and say: that we were present at the execution of the Last Will and Testament of Andrew Clendenen Sr, hereunto annexed, that we saw the said testator subscribe said will and heard her [sic] publish and declare the sam to be his Last Will and Testament, and that the said said Testator at the time of executing the same, was of full age and of sound mind and memory, and not under any restraint, and that we signed the same as witnesses at his request and in his presence, and in the presence of each other.

George Mayes

John Grubb

Sworn to and subscribed in open Court, April Term, 1851.

W.H. Harris, Clerk

Court of Common Pleas, April Term A.D. 1851 The Last Will and Testament of Andrew Clendenen, late of said County, deceased, was this day presented in Court by Mr. Medill Attorney for the Executor in said will maned, and George Mayes and John Grubb the subscribing witnesses to said will which testimony was reduced to writing and by them respectively subscribed and filed with said will, and it appearing to said Court and by said testimony, that said will was duly attested and executed, and that the said Testator at the time of executing the same was of full age and sound mind and memory, and not under any restraint. It is ordered by the Court that the said will and testimony be recorded.

Attest: W.H. Haines, Clerk

Transcribed by Bruce Kendall 16:41, 9 September 2017 (UTC)