Will of Elijah Collins of Decatur Township, Washington County, Ohio. deceased.
August 7, 1876.
Probated December 19, 1881.
AdmÕr. Dock, F, page 433
Will Book 3, Page 645
After my just debts and funeral expenses are pid I give and be- queath unto my wife, Martena Amanda all my property both personal and real for her support, and if she deem it necessary to sell my realestate for her support her title shall be valid and I hereby endow her with power to sell. If any of my property is left after to my son, Jeremiah Collins I give one half of what is left at the death of my wife, and the other half I will to be divided equally among my daughters, Eliza Collins, Martha R. Collins, Maria Nesselroad and Jane Pealman. And lastly I do hereby appoint my wife Martena A. Collins and Joseph A. Smith of Decator Township, Washinton County, Ohio, jointly to be the executors of this my last will and testament.
NB: The records show that neither of the above named persons qualified as executor, and that there was never any one appointed to administer upon the estate. As it is learned that there was no debts of the said Elijah Collins left unpaid, no administration was deemed necessary. Moreover, as the records show that Mr. Collins died on or about the 1st day of September, 1881, all debts have long since been barred by the statues of limitations, and besides no administrator can be appointed after twenty years from the death of any one. [cf Revised Statutes of Ohio. Sec. 6014.]
December 6th, 1888 -- Martena A. Collins was adjudged insane by the Probate Court of Washington County, Ohio, and on the 31st day of December, 1888, F. J. Cutter was appointed and qualified as guardian of her estate by that court.
Record of Land Sales - Book 10, Page 548.
F. J. Cutter, guardian of Martena A. Collins, an insane person
Plaintiff is said Ward and Jeremiah Collins, Elizabeth Orem, Maria Nesselroad, Martha R. McKay and Jane E. Peelman Defendants
November 26, 1892
Petition filed, alleging that plaintiff was appointed guard- ian of Martena A. Collins, an insane person, Dec. 31, 1888, by the Probate Court of Washington Countyy, Ohio; That she is the widow of Elijah Collins deceased, who died on or about Sept. 1, 1881 testate; that the said Elijah Collins died seized in fee of the following described real estate, situated in Decatur Town- Ship, Washington County, Ohio, to-wit:
First Tract. Beginning at the southwest corner of a lot of land sold by John H. Edwards to Daniel and Manuel Miller; thence east to the section line; thence south 68 rods; to where a black oak tree was and is now rotted away and a limestone in its place; thence west to Two Mile Run; thence up said run to the place of beginning, supposed to contain 60.00 acres, more or less.
Second Tract. Beginning at the southeast corner of Section lot 4, Town No. 6, Range No. 12, Thence running west 100 rods; thence north 160 rods; thence east 100 rods; thence south 160 rods to the place of beginning, containing 100.00 acres. The part of the above described 100.00 acre lot to be conveyed is 100.00 acres off the north end of said 100.00 acre lot, except a strip 6 rods wide and 80 rods long of the west side of said 50 acres, containing 3.00 acres leaving 47.00 acres.
Third Tract. In Section No. 4, Town No. 6 Range No. 12, being 8 rods and 26 links wide and 100 rods long, and is a part of the overplus in said Section No. 4 and lying between the sec- ond tract above and the first tract, and being the same premises conveyed to Elijah Collins by Alexander H. Montgomery by deed recorded in Volume 8 at page 194.
Said three Tracts containing 112.50 acres, more or less.
Plaintiff further states that said Elijah Collins, deceased, by his last will and testament, bequeathed to the said Martena A. Collins, as his widow, all his property, both personal and real, for her support, granting her power to sell the same for her support, if she deemed it necessary, and that the title should be valid, and that if any of said property was left after the death of his said wife, the same to be bequeathed as follows, to-wit; One-half to his son, Jeremiah Collins, and the other one-half to be divided equally among his four daughters, Eliza, intermarried with one ____Orem; Martha R., intermarried with one __McKay, Maria Nesselroad and Jane E. Peelman.
Contributed by: Judi Burkhardt
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