Transcribed by E. L. Marshall, 21 March 1992 from copy received from Knox Co. Probate Court:
Peter Marshall's Will (son of Joseph Marshall - ELM)
In the name of the Benevolent Father of all I Peter Marshall of Howard Township Knox County Ohio do make this my last Will and Testament
Item First I give and devise to my beloved wife in lieu of her dower the farm on which we now reside situated in Howard T.P. Knox Co. Ohio containing about Fifty Acres during her natural life and all the stock household goods furniture provisions and other goods and chattels that I may have at my decease during her natural life as aforesaid at the death of my said wife the real estate aforesaid one half thereof I give and devise to my daughter Catherine Marshall or the whole of said real estate to be sold and the said Catherine Marshall to have Six Hundred dollars in money whichever she chooses the said Catherine Marshall is to also to have Two Cows one bed and bedding and chest the remainder of said real estate and personal property after the death of my beloved wife to be sold and the proceeds to be equally divided amongst Mariah Joseph Francis Catherine John Peter and Elizabeth Marshall after deducting therefrom sufficient to pay all my just debts
Item Second I devise and bequeath to my son Joseph Marshall and son in law Anthony Gardner the farm on which the said Anthony Gardner now resides situate in Township eight and range ten containing one Hundred and Sixty acres providing that they pay to the following named heirs the following named sums of money.
First to Margaret Marshall intermarried to Andrew Whitman her heirs to have one dollar apiece over and above Three Hundred Dollars which she received in her lifetime
2nd Also Four Hundred Dollars to Mariah Marshall intermarried to James Downs
3rd Also Francis Marshall to have Fifty Dollars, and each of his 2 sons Joseph and Henry to have One Hundred Dollars 4th. Also Catherine Marshall to have Four Hundred Dollars.
5th Also John Marshall to have Two Hundred and Fifty Dollars
6th Also Peter Marshall to have Two Hundred and Fifty Dollars
7th Also the Priest that officiates at the time of my decease and Burial to have Fifty Dollars for such Religious services and also a like sum to the Priest that officiates at the time of the death and burial of my beloved Wife Catherine for such religious services I also give and bequeath out of said real estate One Hundred Dollars to the Catholic Congregation at or near Danville Knox County Ohio for to be applied in building a new Church at the above named Danville
The several sums of money before named to be paid at the times hereafter named as follows, Four Hundred Dollars to be paid to Mariah Downs in one year after my deceased in Two years after my decease Fifty Dollars to Francis Marshall and One Hundred Dollars to be paid to Joseph Marshall son of said Francis Marshall and also one Hundred Dollars to be paid to Henry Marshall son of Francis Marshall, in three years after my deceased Four Hundred Dollars to be paid to be paid to Catherine Marshall in four years after my decease Two Hundred and Fifty Dollars to be paid to John Marshall, in five years after my deceased Two Hundred and Fifty Dollars to be paid to Peter Marshall in six years after my decease one Dollar apiece to each of the above named Margaret Whitman heirs
Now whenever said Congregation shall have built a new church and gets it roofed then the One Hundred Dollars before spoken of shall be paid by my administrator out of the real estate spoken of in Item No. two
Now I further provide that if the above named Joseph Marshall and Anthony Gardner is not willing to comply with the above will the above described real estate to be sold and the several sums of moneys to be paid out of the proceeds at the times above specified and the remainder to be equally divided between the said Joseph Marshall and Anthony Gardner
Item 3rd I do nominate and appoint Joseph Marshall and Anthony Gardner Executors of this my last will and testament hereby authorizing and empowering them to compromise adjust release and discharge in such manner as they deem proper the debts due me I do also authorize and empower them if it should become necessary to sell and convey by fee simple all or any part of my real estate
I desire that no appraisement and no sale of my personal property be made and that the Court of Probate direct the omission of the same in pursuance of the Statute
I do hereby revoke all former wills made by me made In testimony hereof I hereunto set my hand and seal this First day of November in the year of our Lord 1860.
Peter Marshall. *seal *
Signed and acknowledge by said
Peter Marshall as his last will
and testament in our presence and
signed by use in his presence.
J. W. Bradfield.
(The following is recorded at the bottom of the last page of Peter Marshall's will - ELM)
The State of Ohio, Knox County, ss.
In Probate Court.
I, Edmund U. Brent, Judge of the Probate Court of said County, do hereby certify, that the foregoing is a full and true copy of the last Will and Testament of Peter Marshall, late of said County, deceased, as the same was submitted to Probate and recorded in said Court, truly taken and copied from the original Will now on file in said Court of Probate.
In testimony whereof, I have hereunto set my hand and affixed the Seal of said Court this 21st day of October A. D. 1868. Edmund U. Brent Probate Judge.
(The following is recorded on a page by itself. The copy of this page was the first of six copy pages related to Peter Marshall's will, all stapled together, received from Knox County on 20 March 1992. The notation "Box 245, File 401" had been made on the bottom of this copy page. - ELM)
The State of Ohio, Knox County, ss.
In Probate Court.
To Henry T. Porter,
Know you, that I placing full confidence in your capacity, prudence and fidelity, have appointed you, and do by these presents give you full power and authority to take the Election of Catherine Marshall, widow of Peter Marshall, deceased, either to accept the provisions made for her in the Will of her late husband Peter Marshall, deceased, (a copy of which said Will is hereunto attached,) or the provisions under the Statues in such cases made and provided.
You are also directed to explain to said Widow her rights under the said Will and by law, and report your proceedings, and return this Commission to this Court without unnecessary delay.
Witness my hand and the Seal of the Probate Court of Knox County, Ohio, at Mount Vernon, this 21st day of October, A. D. 1868.
Edmund V. Brent
(The following two sections were recorded on the last of the six sheets of copies relating to Peter Marshall's will received from Knox County. The last section is written in a different handwriting than the rest of the records as is the last portion of the preceding section, beginning with the phrase "my rights under the Statute ..." - ELM)
I, Catherine Marshall, widow of Peter Marshall deceased, of sound mind and understanding, and being fully informed of my rights under the Will of my deceased husband, and of my rights under the statutes in such cases made and provided, do hereby signify to said Probate Court my election to take my rights under the Statute in such cases made and provided. her
Catherine x Marshall
attest Henry T Porter
To the Probate Court of Knox County & State of Ohio,
In pursuance and by virtue of the foregoing commission I on the 24th day of October A.D. 1868 proceeded to Howard Township in said Knox County, Ohio, the place where said Catherine Marshall now resides, and after explaining to her, her rights under the will of her late husband Peter Marshall deceased a copy of which is hereto attached and her rights at Law said Catherine Marshall widow of aforesaid did voluntarily elect to take her rights under the Statute in such cases made and provided
Henry T Porter
October 24th 1868 above mentioned
Fees $ 3.00
(End of copies related to Peter Marshall's Will received from Knox County. - ELM)
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