Will of James Watkins Jr.
In the name of the Benevolent Father____________________
I James Watkins Jr. of McConnelsville, Ohio__________________
and publish this my last will and Testament___________________-
Item 1ö I give and devise to my father James Watkins the use and occupation of the ____ lately occupied by me as a saddle and harness shop on the _____ side of my building on Water Street until ______________1893 or until his death if he should not live until ______ date, provided he shall keep said rooms and the roof over that portion of said building in ordinary ______ and shall pay one half the taxes on said building and real estate.
Item 2ö I give and devise to my wife Emma J. Watkins in lieu of her dower in my real estate the use and or occupation of the other portions and residue of said building and premises until April 1ö AD 1893. And in case of the death of my father before said date I give and devise unto my wife the use and occupation of the whole of my said real estate from the time of his death until said first day of April AD 1893 provided my wife shall keep the portion of said premises as occupied by her in ordinary repair and shall pay one half of the taxes thereon while my father occupies the portion of said premises allotted to him and the whole of the taxes thereon during the time she may hold the same as herein provided.
Item 3ö I give and devise to my son James Kenneth Watkins all my real estate desolutely in fee simple subject to the uses of my father and my widow above specified and in case of the death of my son before April 1st 1893 (at which time if living he will be twenty-one years of age) without issue I give and devise my said real estate to my brothers and sister and their heirs subject to the use of my father and my wife as above specified.
Item 4ö It is my will that all my just debts and funeral expenses be paid.
Item 5ö It is my will that my personal estate be distributed to my wife and son in the same manner as provided by the law of descents and distribution of personal property and in case of the death of my son without issue before arriving at twenty-one years of life it is my will that his guardian shall pay the residue of my sonÆs personal estate to my brothers and sisters and their heirs.
Item 6ö I appoint my friend C. B. Bozman guardian of my son.
Item 7ö I nominate and appoint William Foulke Executor of this my last will and testament and hereby authorize and empower him to _____ and adjust in such manner as he may deem best all debts and claims due one.
In testimony whereof I have hereunto set my hand and seal this 15ö day of October AD 1876.
James Watkins Jr.
Signed sealed and acknowledged by said James Watkins Jr. as his last will and testament in our presence and signed by us in his presence and at his request and in presence of each other.
C. B. Bozman
Kate E. Davis
Codicil. It is my will that in case of the death of my son without issue before he arrives at the age of twenty one years that the real estate devised to him by the forgoing will shall descend and pass in the manner provided by law subject to the uses of James Watkins and my wife as herein specified.
In testimony hereof I hereunto set my hand and seal this 24ö day of October AD 1876.
James Watkins Jr. his mark
Signed sealed and acknowledged by said James Watkins Jr. in our presence and signed by us in his presence and at his request on the day last aforesaid.
C. B. Bozman
Thos. B. Carter
Probate of Will
The state of Ohio Morgan County
Probate Court
Personally appeared in open court C. B. Bozman and Kate E. Davis the subscribing witnesses to the last Will and Testament of James Watkins Jr. 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 depose and say that the paper before them purporting to be the last Will and Testament of James Watkins Jr. now deceased is the Will of said deceased James Watkins Jr. that they were present at the execution of said Will, at the request of the Testator subscribed their names to the same as witnesses in his presence and that they saw the said James Watkins Jr. deceased, sign and seal said Will and heard him acknowledge the same to be his last Will and Testament, that the said James Watkins Jr. at the time of making signing of said _________________legal age and of sound and disposing mind___________and ______________________
C. B. Bozman
Kate E. Davis
Sworn to and subscribed in open Court this ___ October AD 1876
N________ Conner Probate Judge
Probate of Will
The State of Ohio
Morgan County
Probate Court
Personally appeared in open Court C. B. Bozman and Thomas B. Carter the subscribing witnesses to the codicil to the last Will and Testament of James Watkins Jr. 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 Codicil to said Will depose and say that the paper before them purporting to be the codicil to the last Will and Testament of James Watkins now deceased is the Codicil to the Will of said deceased James Watkins Jr. , that they were present at the execution of said Codicil to said Will, at the request of the Testator subscribed their names to the same as witnesses, hi his presence and that they saw the said James Watkins Jr. deceased sign and seal said Codicil to said will and heard him acknowledge the same to be his codicil to said Will and Testament, that the said James Watkins Jr. at the time of making, signing, and sealing said codicil to said Will was of legal age and of sound and disposing mind and memory and under no undue _____ ______ or influence whatsoever.
C. B. Bozman
Thos. B. Carter
Sworn to and subscribed in open Court this ___ day of October AD 1876
Newell Conner Probate Judge
Journal Entry
James Watkins Jr. deceased
Probate of Will
October 28ö 1876
this day the Will of James Watkins Jr. was produced in open Court together with the Codicil thereto and thereupon came C. B. Bozman and Kate E. Davis the subscribing and attesting witnesses to said will who were duly sworn according to law to testify ___________ nothing but the truth in relation to the execution of said Will and were each examined in open Court and their testimony reduced to writing by the Judge and subscribed by said witnesses. And the said C. B. Bozman and Thomas B. Carter the subscribing and attesting witnesses to said Codicil were also each duly sworn according to law and examined in relation to the execution of the codicil to said Will and their testimony reduced to writing by the Judge and subscribed by said witnesses and the Court after hearing said testimony which was all the testimony introduced herein finds that said will and the codicil thereto are the last Will and Codicil thereto of said Testator James Watkins Jr. who is now deceased, that at the time of making and signing said will and codicil said Testator was of sound and disposing mind and memory, was of full age, and under no undue or unlawful restraint or influence whatsoever. It is therefore by the Court ordered that said Will and Codicil be _____ the same and hereby admitted to probate and that the same and said testimony be filed and with this entry duly recorded.
Thereupon came William Foulke the Executor named in said Will and filed his application to be appointed as Executor by the Court. And the Court being ____ _____ the premises appoints said William Foulke executor of said Will and he is ordered to ____ into bond as such in the Two thousand five hundred dollars ($2500) which he then did with F. B. Po--- and James M. Ne--- his sureties to the acceptance of the Court.
Newill Conner Probate Judge