Thomas Stacy Will
Mahoning County, Ohio Will Book, Vol. 1, pp 381-2
Be it remembers that at a Court of Probate for the County of Mahoning and State of Ohio, on the twenty second day of October in the year of our Lord one thousand eight hundred and fifty two, by and before William Har___judge of said court. The last will and testament of Thomas Stacy late of Poland in said County of Mahoning deceased was introduced in court for probate and Thomas Frame and Joseph Truisdale the subscribing witnesses in said will appeared in open court and ___ both testified to the due execution of the same, which testimony was reduced in writing and by them especially subscribed and filed with said will, and it appearing to the court by said testimony that said will was duly attested and executed and that said testator at the time of executing the same was of full age of sound ______ mind and memory and not under any restraint: whereupon it was _____ in the court that said will be admitted to record which said will are in the following ____ and words to wit.
I Thomas Stacy of Poland Mahoning County State of Ohio do make and publish this my last will and testament. Item 1st. I give and devise to my wife in lieu her dower during her natural live the use of the property on which we now live upon the same terms and conditions with my sons Seaton Stacy & Geo. Stacy which now exists myself and them. Also I leave entirely at her disposal all my household property and furniture & my buggy and broad wheel wagon to be and remain on the place for the use of the place. Also, all the carpenter tools not in the tool chest to remain on the place for the use of the place. The chest of tools to be equally divided between Thos. & John Stacy. Item 2nd. I devise and bequeath to my two sons Seaton Stacy and Geo. Stacy jointly, all my lands and real estate in Poland township excepting the Sell place (so called) and the ____ property; upon the following conditions viz.: That they pay to their mother during her natural life the same share of the proceeds of said property as they now pay to me or to make with her such other arrangements as will lend to her comfort and satisfaction. Also that they allow my son Wm. Stacy to occupy free of rent so long as he pleases to occupy the house & grounds he now occupies. That is the field in front of his house and the field on the north side of the house as far as the present meadow fence and his free use of sawn timber off of the place, and also, they Seaton and George Stacy to pay to my other surviving heirs the sum of fifteen hundred dollars in yearly payments of two or three hundred dollars annually without inst; leaving it entirely at their discretion to whom of my heirs such payments shall be madetrusting that they pay to those most needy.
Item 3d My Illinois lands which consists of 320 acres are half wood and half pararie lands. I will to be disposed of as follows viz: To be divided into three parts first fifty acres of wood and fifty acres of pararie lands, making one hundred acres to bedivided off and deeded to the children of my deceased daughter Betsy (that was the wife of Henry Mc_____ly) The residue of the land to be equally as may be divided parie and wood land into two equal parts and deeded one part to my son Thomas Stacy and the other to my son William Stacy upon the express condition they or either of them go there and occupy the land.
Item 4th To my son Joseph Stacy I wish my executors to pay two hundred dollars that may appropriated out of the first moneys made out of my estates, it being money I got from him to pay towards the place he now lives on a deed of which place I now execute to him at this date.
Item 6th I do hereby nominate and appoint Wm. Love and Seaton Stacy executors of this my last will and testament hereby empowering and authorizing them to sell by private sale or in such manner & upon such terms of credit or otherwise as they may think proper my real estate in Poland township and otherwise disposed of and also any as or all of my personal property and otherwise disposed of; and also to dispose of that part of my Illinois lands offered to my sons Thomas & William in item 3 if they do not accept of it upon the conditions there stated in a reasonable time. My executors to make equal distribution legal heirs (except Joseph Stacy) of all moneys made out of my estate and in maiking the final distribution among my heirs the charges that are upon my book to stand ____ against each and all of them severally in making such final distribution of my effects and proceeds of my estate for _________ and finally it is my request that my executors will make no more of a charge against my estate for its settlement than what will adequately pay them for the time necessarily employed in executing the same. I do hereby revoke all former wills by me made. In testimony whereof, I have hereunto set my hand and seal this eleventh day of August in the year A.D. 1852.
Thomas Stacy
Signed and acknowleged by said Thomas Stacy as his last will and testament in our presence and signed by us in his presence.
Thos. Frame
The State of Ohio Mahoning County We Thomas Frame and Joseph Truisdale being duly sworn in open court this 22nd day of October A.D. 1852, depose and say that we were present at execution of the last will and testament of Thomas Stacy here unto annexed; that we saw the same testator subscribe said will and here publish and declare the same to be his last will and testament, and this the said testator at the time of executing the same was of full age of sound mind and memory and not under any restraint and that we signed the same as witnesses at his request and in the presence of each other.
Joseph Truisdale
Thomas Frame
William Hurt_l_ Probate Judge
Transcribed by Barbara Shroyer 21 Nov. 2003 from FHL microfilm 904497