Monday, July 4, 2011

Will of Mary McGARVEY


I have an interesting story to go along with how I found this will. But I'll save that for another day.

Mary McGarvey. Deceased
It appearing to the Probate Court that on the 30th day of August A D 1830 the last will and Testament of Mary McGarvey deceased was duly admitted to probate and record in the Court of Common Pleas of Hamilton County Ohio and the record of said Will was afterwards transferred by law to the Probate Court and that the original Record of said Will was destroyed in the burning of the Court house on March 29th A D 1884 but that the original Will and endorsement thereon and the probate there of upon the Journel [sic] of said Court were preserved it is now ordered by the Probate Court on its own motion that the record of said Will be and the same is hereby restored from said original Will endorsement and probate as provided by Statute in the words and figures following to wit: 

The State of Ohio Hamilton County SS: Hamilton Com Pleas. Be it Remembered that on the day and year aforesaid the last Will and testament of Mary McGarvey late of this County deceased was this day duly presented to the Court for probate and record clothed in the words and figures following to wit: 

In the name of God Amen. I Mary McGarvey of the township of Green County of Hamilton and State of Ohio being sick and weak in Body but of sound mind and memory considering the certainty of death and the uncertainty of the time thereof and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last Will and Testament in manner and form following that is to say First and principally I do commit my Soul into the hands of Almighty God and my body to the earth to be decently burried [sic] at the discretion of my Executor herein after named and after my debts and funeral charges are paid I devise and bequeath as follows. 

Item I give and devise unto my Daughter Mary Ann Carson wife of Isaac D Carson the following tract of land and all the appurtenances thereunto belonging situate lying and being in Section Twenty one in the Second township and Second fractional Range of township in the Miami purchase Beginning at a stone planted by a Pappaw Sapling near the centre of the Section thence north 1/2˚ W fifty eight poles to the middle of the County Road thence with the same South 80 1/4 E twenty six poles south 73 1/2 E forty one poles south 79 E fifty three and two tenths poles south 78 1/4˚ E forty four and seven tenth poles to a stone in the east line of the Section and with the Same S 1/4 E twenty two poles to a stone thence south 89 1/2˚ W one hundred and sixty poles nearly to the beginning Corner supposed to contain thirty nine acres and one fourth of an Acre which place John Reddish Senr now lives on. 

Item I give and devise unto my Daughter Peggy Bovard wife of Robert Bovard all that piece or parcel of land situate lying and being in Section No twenty one in the Second township and second fractional Range of townships in the Miami purchase. Beginning at a stake in the north east corner of said Section thence west Eighty poles on the Section line according to the Survey of said Section thence south fifty poles according to the variations of the section lines thence east eighty poles according to the variations of the above lines of the Section to intersect the east line of the Section thence north fifty poles with said line to the place of beginning containing twenty five Acres strict measure and all the appurtenances thereunto belonging to said tract or parcel of land. 

Item. I wish my Executor to close a Mortgage I hold against William McGarvey deceased for Eighteen hundred Dollars executed in the year of 1818 as soon as the law will admit and the amount that he collects upon said Mortgage I wish him to despose of in the following manner to wit: First to pay unto Robert Bovard Fifty Dollars being in part of a judgement that he holds agains my son William McGarvey deceased upon the Docket of William Benson Esquire late a Justice of the Peace of Green Township. Also pay unto the Guardian of Robert McGarvey and William McGarvey children of my son Wm McGarvey deceased One hundred Dollars each to be laid out immediately by their Guardian or legal Representatives in Wild lands for them in the State of Indiana. 

Item I wish my Executor to pay out the following Legacies to wit: One hundred Dollars to my Daughter Polly Moore in One year after my death. Also to pay unto my Grandson George Smith One hundred Dollars within the same time and all other debts that I shall leave unsettled and in case my said Executor shall refuse or neglect to pay out the legacies above mentioned according to the spirit and meaning of my Will then and in that case the land that I have devised to my Executor’s wife Mary Ann Carson shall fall back and be equally divided amongst all my heirs after paying all my debts and the above legacies I will and bequeath unto my Daughter Mary Ann Carson the balance of my Estate if their [sic] should be any remaining in the hands of my Executor. 

Item I will and bequeath unto my Daughter Rachel Fisher wife of John Fisher One hundred Dollars which is to be paid to her by Robert Bovard when called for and upon his refusing to pay the above legacy I wish my Executor to sell the land I bequeathed to my Daughter Peggy Bovard the wife of said Robert Bovard and divide the amount of the sale equally amongst my heirs. 

And Lastly I do hereby constitute and appoint Isaac D Carson to be my Executor of this my last Will and Testament revoking and annulling all former Wills by me made heretofore ratifying and confirming this and none other to be my last Will and Testament. In Testimony Whereof I have hereunto set my hand and affixed my Seal this 30th day of December 1828. Mary [her X mark] McGarvey {Seal}

Signed sealed published and declared by Mary McGarvey the above named Testator as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have subscribed our names as witnesses thereto. W J Carson. Benjm Griffith Robert Dare. 

Mary McGarvey (1830), Will Record (1971-1884): 406-408; Hamilton County Probate Court (http://www.probatect.org), Cincinnati, Ohio.

1 comment:

  1. This would be a great find for someone that didn't know the relationship to Mary McGarvey. Great job.

    ReplyDelete