Phillip Shroyer
The State of Ohio Wood County, Probate Court Wood County Record of proceedings had by and before the Probate Court of Wood County, Ohio in relation to the last will and testament of Phillip Shroyer at a session of said Court begun & held at the Court house in Bowling Green on August 26, 1893 on which day the following order and Journal Entry was made herein to wit:-
J 17 p. 139 In the matter of the will of Phillip Shroyer decd. Probate Court Wood County Aug. 26, 1893. This day an instrument of writing purporting to be the last will and testament of Phillip Shroyer late of Portage Township in this County, deceased, was produced in open Court for Probate; On consideration whereof it is ordered that this said will be filed in this Court and that due notice thereof, and of the application to _____ the same to Probate and record be given to his widow and next of kin of the testator, residents of the state of Ohio that said application will be for hearing before this Court on the 6ö day of September 1893 at 10 o'clock A.M.
Guy C. Nearing Probate Judge
Said will is in the words & figures following to wit
I, Phillip Shroyer, a resident of the village of Portage, Wood County, Ohio, make and declare this to be my last will and testament.
1st I give and bequeath to my wife Salinda Shroyer should she survive me all of my property either personal or real that I may die possessed of for her use and support, during her natural life, and at her death after paying all debts contracted by her for her support and maintenance and funeral expenses, the residue thereof of my estate must be divided equally between my children or their legal representatives, share and share alike.
2nd - I will that if I should survive my wife Salinda Shroyer, then at my death the property remaining in my possession must be divided and disposed of in the manner and form mentioned in Item 1st.
3rd - I appoint Michael Amos Jr. executor of this my last will and testament, I hereby revoking all former wills by me made.
In witness whereof I hereunto set my hand and seal this 18 day of February A.D. 1888/
Philip Shroyer his mark
Signed and acknowledged by the said Philip Shroyer as and for his last will and testament in our presence and at his request subscribe our names hereto as witnesses.
N. L. Besauson
R. L. McMahan
Codicil -
Whereas , I Phillip Shroyer , on the 18 day of Feby A.D. 1888 made my last will & testament of that day do hereby declare the following to be a codicil to the same. I do hereby authorize and appoint my wife Salinda Shroyer to sell a part or whole of my real estate and make a deed of general warranty for the same as though I were living. In witness whereof I hereunto set my hand this 26 day of December 1891.
Phillip Shroyer his mark
signed and acknowledged by said Phillip Shroyer as his last codicil in our presence and signed by us in his presence.
N. L. Besauson
Sarah Mercer
Thereafter it wit: On Sept 5, 1893 the testimony of R. W. McMahan witness to will and Sarah Mercer witness to codicil was taken as follows to wit
The State of Ohio Wood County, In Probate Court. Personally appeared in open Court R. W. McMahan one of the subscribing witnesses to the last will and testament of Phillip Shroyer late of Portage Township in said Wood County, deceased, who being duly sworn according to law, to speak the truth, the whole truth and nothing but the truth in relation to the execution of said will, deposes and says: That the paper before him bearing the date the 18 day of February AD 1888, purporting to be the last will and testament of Phillip Shroyer now deceased, is the will of said deceased. That deponent and one N. L. Besauson subscribed said will as witnesses, and the signature of N. L. Besauson attached to said will and to the codicil thereto is the own proper handwriting of the said N. L. Besauson that they were present at the execution of said will and at the request of the testator respectively subscribed their names to the same as witnesses, in his presence; that they saw the said Phillip Shroyer deceased sign said will by making his mark, and heard him acknowledge the same to be his last will and testament and that the said Phillip Shroyer at the time of making and signing said will, was of full age, of sound mind and memory, and not under any restraint.
RW McMahan
Sworn to and subscribed by said witness, in open Court this 6 day of Sept. AD 1893
Guy C. Nearing Probate Judge
The State of Ohio Wood County In Probate Court
Personally appeared in open Court Sarah Mercer one of the subscribing witnesses to the codicil to the last will and testament of Phillip Shroyer late of Portage Township in said Wood County, deceased; who being duly sworn according to law to speak the truth the whole truth, and nothing but the truth in relation to the execution of the codicil to said will depose and say: That the paper before her bearing date the 26 day of December AD 1891 purporting to be a codicil to the last will and testament of Phillip Shroyer now deceased is a codicil to said will that she was present at the execution of the codicil to said will and at the request of the testator subscribed her name to the same as a witness in his presence; that she did not see the said Phillip Shroyer sign said codicil, nor hear him authorize any person to sign his name Thereto nor did she hear him acknowledge the same to be a codicil to said will. She further says, that at the time of making said codicil said Phillip Shroyer was of full age, but that she is unable to say whether he was of sound and disposing mind and memory or not and does not know whether or not he was under any undue or unlawful restraint or whether he acted freely and of his own mind.
Sarah Mercer
Sworn to and subscribed by said witness, in open Court this 5 day of September AD 1893.
Guy C. Nearing
Probate Judge
Thereupon the following order & Journal Entry was made herein
J17 p. 152 In the matter of the will of Phillip Shroyer decd. Probate Court Wood County September 5, 1893
It appearing to the Court that due notice of the filing of said will, and of the application admit the same to Probate and of the time fixed for a hearing thereon has been given to the widow of said testator and all the next of kin residents of the state of Ohio in accordance with the former order of this Court.
Thereupon R. W. McMahan one of the subscribing witnesses to said will and Sarah Mercer one of the subscribing witnesses to the codicil to said will, appeared in open Court and were duly sworn according to law and their testimony thereon reduced to writing and filed with said will. And it appearing to the Court that N. L. Besauson one of the subscribing witnesses to said will and codicil is sick and unable to attend Court, it is therefore ordered that a commission with the will annexed issue herein to William Philo of this county directing him to take the deposition of said N. L. Besauson and return the same with all convenient speed to this Court.
Guy C. Nearing Probate Judge
Thereupon the following commission was issued herein Commission to take the testimony of witness to will
The State of Ohio Wood County To William Philo Greetingö
Know ye, That we, in confidence of your prudence and fidelity, have appointed you and by these presents do give you full power and authority to examine and take the deposition of N. L. Besauson subscribing witness to the last will and testament and codicil thereto of Phillip Shroyer hereto annexed, late of the County of Wood, in the State of Ohio, deceased; and therefore we command you, that at certain days and places appointed by you, you cause the said N. L. Besauson to be brought before you and then and there to examine him on oath on affirmation first taken before you, touching the due examination of said will & codicil thereto of the said Phillip Shroyer and that you reduce such examination to writing, and return the same, together, with this commission and the will of the said Phillip Shroyer thereto annexed closed up under your seal into our said Probate Court, with all convenient speed. In testimony whereof I Guy C. Nearing Judge of the said Court, have hereunto set my hand and affixed the seal of said Court at Bowling Green, this 5 day of September, AD 1893.
Guy C. Nearing Probate Judge
Testimony of Witness to Will
In the matter of the last will and testament of Phillip Shroyer deceased, I, William Philo duly appointed and commissioned by the Judge of Probate Court of the County of Wood in the state of Ohio to take the testimony of N. L. Besauson one of the subscribing witnesses of the last will and testament and codicil thereto of Phillip Shroyer deceased, late a resident of said County of Wood in the State of Ohio, which commission and the said will are hereto annexed. I do hereby certify that in pursuance of said commission, I caused N. L. Besauson said subscribing witness aforesaid to come personally before me, at Portage Wood County Ohio, who being by me first duly sworn according to law to speak the truth the whole truth and nothing but the truth and in relation to the execution of said will, deposes and says That at the signing of said codicil no objections were raised to said decedents sanity and especially the subscribing witness Sarah Mercer that he was present at the making of said will and codicil hereto attached, marked ôAö and at the request of the deceased, subscribed his name to said will and also to codicil thereto as witness in the presence of the deceased and of each of the other witnesses, that they saw the said Phillip Shroyer deceased, sign and seal said will, and heard him acknowledge the same to be his last will and testament, and that the said Phillip Shroyer deceased, was at the time of making, signing and sealing said will and testament, of legal age, and of sound mind and memory, and under no undue or unlawful restraint whatsoever.
N. L. Besauson
I, William Philo do further testify that the said testimony was reduced to writing by myself William Philo in the presence of said witness respectively and subscribed by said witness in my presence, on this 6 day of September A.D. 1893.
Wm. C. Philo Commissioner
Thereafter to wit: On Sept 7, 1893 the following order was made
J17 p.156 In the matter of the will of Phillip Shroyer decd Probate Court Wood County September 7, 1893
The commission heretofor issued herein to take the testimony of N. L. Besauson one of the subscribing witnesses to the will of said Phillip Shroyer, deceased, was this day returned duly executed, and the same was filed herein, and it appearing to the Court from the examination of the former witnesses, and from the deposition of the said N. L. Besauson that the said will and codicil thereto were each duly executed and attested and that at the time of executing the same the said testator was of full age, of sound mind & memory and not under any restraint. The Court now admits said will to Probate and orders the same together with the testimony taken herein to be recorded according to the statute in such cases made & provided.
Guy C. Nearing Probate Judge
For election of widow see J17p. 157
Wood County Will Record Vol. 9 pp. 8-13