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