WILL OF JOHN DYE
Washington Co OH Probate Records 2:439-440
Dated 19 Jul 1823, Proved Nov 1823
Contributed by: Marilyn Sharp
[This is John, son of John, husband of Hannah Hoff; paragraphs added
for easier reading.]
In the Name of God Amen: I John Dye of the County of Washington of
State of Ohio, being of sound mind & memory, tho at present weak in
body, & considering the uncertainty of human life Do make and
Ordain the following as my last Will and testament.
Item First I bequeath to my loving Wife Hannah Dye all the landed
property I possess on the West side of the little Muskingum river as
long as she remains my Widow in case she should survive me, or if she
remains unmarried during her life, together with the buildings &
household property and furniture & in case my said Wife, Hannah
Dye, should be married after my death, then it is my Will that she
should have one third of the land owned by me on the West Side of the
little Muskingum river & no more and likewise one third of my
personal property & to hold the said one third part of the land so
described only during her life, which at her decease to remain with the
rest of my estate.
Item Second. I bequeath to my three sons John Washington, Daniel
Hoff and Andrew Jackson, the reversion of all the landed property I
possess on the West side of the little Muskingum river after the death
of my Wife, or two thirds of it immediately after her marriage if such
an event should take place to be equally divided between them when the
youngest of them arrives at twenty one years of age subject to pay the
legacies here-in-after mentioned
Item Third, I bequeath to my three sons Thomas, Moffett and Samuel all
my Landed property on the east side of the little Muskingum river to be
divided equally between them but they are not to have possession of it
until my son Samuel arrives at lawful age, the rents and profits of
said land in case of my death before Samuel should come of age to go to
Susanah Pierce & subject to the legacy hereinafter mentioned.
Item fourth I bequeath to my daughter Susanah Pierce one hundred
dollars and one cow – the hundred dollars to be paid to her by my
sons Thomas, Moffitt & Samuel, each to contribute equally, to pay
to her that sum, & the Cow to be given to her out of my personal
estate at the direction of my Executors –
Item fifth I bequeath to my daughters Emma & Hannah one hundred
& fifty dollars each, Out of my personal property, Or, if my
personal property after paying my just debts together with the dower of
my Wife should not amount to that sum then and in that case the residue
of said sum to be paid to them by my sons John Washington Daniel Hoff
& Andrew Jackson each to contribute equally to make up the said
sums.
The whole of my personal property after paying my just debts to remain
with my Wife during her life, if she remains unmarried. Hoping
and trusting that she will keep my family together & give them the
necessary education.
It is my wish & I do hereby enjoin it on my Executors if possible
to complete the payment to the United States for the West half of the
north east quarter of Section No. 26 in the 3rd Township of the Seventh
Range which payment I am in hopes they will be able to make out of the
Stock I have now on hand that will not be wanted on the farm in case of
my death, & it is further my Wish that my sons Thomas & Moff
[sic], in case of the death of both myself and my Wife should come and
live on my farm and Educate and take care of my younger Children and
supply to them as much as possible the loss occasioned by our death
& to defray whatever necessary expenses they might be at out of the
profits of the Stock & farm, & I do hereby constitute &
appoint my sons Thomas Dye and Moffit Dye Executors of this my last
Will and testament, hoping and trusting that they will execute it
agreeable to the intent & meaning of it and with as little waste of
the property as they can. Done at Lawrence this 19th day of July
in the year of our Lord one thousand eight hundred and twenty
three Witness my hand & Seal.
Signed & Sealed
John Dye
Seal
In presence of
J. Sharp
Isaac Hill
Abrm Hill
The State of Ohio
In Court of Common Pleas
November
Washington County SS
Term AD 1823
This Instrument of Writing purporting to be the last Will and Testament
of John Dye late of Lawrence in said County deceased was presented in
Court and proved according to law by the Oaths of Isaac Hill and
Abraham Hill subscribing Witnesses to the same approved and Ordered to
be recorded. And on the motion of Thomas Dye and Moffit Dye, the
Executors in said Will named letters testamentary was granted them,
they having taken the Oath required by law. And the County
appointed Isaac Hill, James Hoff and William Hoff to appraise the
personal property belonging to the said decedents estate agreeably to
law.
Examined
Attest Geo Dunleavy, Clerk