Estate | 25 May 1905 (3 days after death) Gallipolis, Gallia County, Ohio, USA
Note: Be it remembered that at a Probate Court held within and for the County of Gallia and State of Ohio at the Court House in the City of Gallipolis on the 25th day of May, 1905, when the following order was made herein, to wit: In the matter of the Will of Martha Brown, deceased. This day an instrument of writing, purporting to be the last Will and Testament of Martha Brown, late of Gallipolis Township, in this county, deceased, was produced in open court for Probate, and it is now ordered that the said Will be filed in this court, and that due notice thereof and of the application to admit the same to probate and record be given to all the next of kin of the testa..., resident of the State of Ohio, that said application will be for hearing before this court on the 29th day of May, 1905, at 10 o'clock A.M. W.T. Minturn probate Judge. Notice to all the heirs and next of kin were issued herein as follows, to wit: Notice to Next of Kin Probate Court, Gallia County, Ohio. In the matter of the Will of Martha Brown Deceased, No 2789. Notice of Probate to Miles H. Brown, Martin E. Brown, Mary E. Bird, Selina M. Guthrie, Mathew Brown, Melvin M. Brown and Manly B. Brown. You are hereby notified that on the 25th day of May, A.D. 1905, an instrument of writing, purporting.........[legal jargon] We the undersigned persons within named, hereby acknowledge service of the within [written] notice, this 27th day of May, 1905. M.E. Brown, Selina M. Guthrie, Mary E. Bird, Miles H. Brown. We the undersigned persons with in named, hereby acknowledge service of the written notice, this 25th day of May, 1905: Matthew D. Brown, Melvin M. Brown, Manly B. Brown. On the 29th day of May, 1905 affidavit as to signature of David B. Hebard subscribing witness to will taken and filed herein in words and figures as follows, to wit: [David Hebard's wrote the will pm 21st day of July 1896, but he had died; so his writing had to be verified.]
David A. Baron swore that he was present at the writing of the will in July 1896...that he saw said Testatrix sign said instrument at the end thereof, and heard her acknowledge the same to be her Will; and that said Martha Brown....was of full age, and of sound mind and memory, and not under any restraint.
Finally, the will! In the name of God Amen. I, Martha Brown now residing in Gallipolis, Ohio do make and publish this my last will and testament viz: First: I direct my just debts to be paid, including funeral and burial expenses. Second, I give and devise to my sister Selina M. Guthrie residing in Gallipolis, Ohio, the North East or upper half of City lot....which is numbered three hundred and eighteen 318=together with priviledges and appurtenances thereto. Third, I give and bequeath to my sister Mary E. Bird who also resides in Gallipolis, Ohio five hundred dollars = $500. in money out of my monies, credits and personal effects: Also I give and bequeath the use of my gold watch to my said sister Mary E. Bird during her life, at her death, I give said watch to Mary E. Watts whose mother's name is Cora Watts. fourth: I give and bequeath to my sister, Mary E. Bird and Selina M. Guthrie above named, all the residue of my property and personal effects, which includes my furniture, and household articles, of every kind, to them to be divided equally as nearly as can be between them, share and share alike, absolutely. Fifth: I desire and direct that my bodily remains be buried at Hartford City, West Va. beside my father's bodily remains, and that a metallic lined coffin or casket be procured to contain my bodily remains, and as there is a family monument in the lot of the cemetery where my father is buried, I desire a small tomb stone at my bodily remains to cost not over about $95.00 I here appoint my said sisters Mary E. Bird and Selina M. Guthrie Executrix and Charles W. Bird Executor, of this Will; and I direct that no inventory nor appraisement be made of my personal estate or effects; and I direct that said persons named as Executrix and Executor do execute said trust without bond, and without being required to give bond. In testimony whereof I herto set my hand and seal at Gallipolis, Ohio this 21st dayof July,A.D. 1896. Martha Brown [seal]
On 11 February 1888 there was a Codicil in which Martha gave lot #318 to Selina Guthrie in Gallipolis and lot #352, owned by Major Brown, and occupied by Mary E Bird to Mary.
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