Date: 4 May 1839 to 26 Feb 1840
Location: Zanesville, Muskingum, Ohio, United States
Surname/tag: Jonas Stanbery, Last Will and Testament

Contents 1 Jonas Stanbery's Last Will & Testament 1.1 Jonas Stanbery decd. 1.2 WILL. 1.3 Source

Jonas Stanbery's Last Will & Testament

Jonas Stanbery decd.

At a special Court of Common Pleas, held in and for the County of Muskingum at the Court house in Zanesville on Wednesday the 26th of February A.D. 1840, the last will and testament of Jonas Stanbery late of said County deceased was produced in writing & Charles B. Goddard and Welles Hawes two credible subscribing witnesses thereto, being in open Court duly sworn and examined declared that said last will and testament was signed by said Jonas Stanbery and attested in his presence by them who saw the said testator subscribe the same, that the said last will and testament was duly executed that the testator at the time of executing the same was of full age, of sound mind and memory and not under any restraint. And it appearing to the Court from the above testimony that said last will and testament was duly executed, that the testator at the time of executing the same was of full age, of sound mind and memory and not under any restraint—It is ordered by the Court, that said last will and testament together with the proof thereof be recorded by the Clerk of this Court, and that letters testamentary with a certified copy of said last will and testament annexed be issued to Henry Stanbery and Howard Stanbery the Executors named in said will, who appeared and were sworn as such in open Court. Ordered that said Executor give bond in the sum of eighty thousand dollars. Charles Stanbery and Edward Stanbery are accepted as securities.

WILL.

I Jonas Stanbery of Zanesville Ohio do make this my last will and testament—

Item 1st. I direct that all my just debts and funeral expenses be paid out of my personal estate by my executors—

Item second. I devise to my step-daughter Eliza Flanner [daughter of Ann Lucy by her first husband], in good notes or obligations to be assigned and delivered to her by my Executors after my decease Eight Hundred dollars.

Item third. I devise to my son Henry Stanbery Two thousand dollars in good notes or obligations upon the following trust, that is to say, to apply the same and the interest accruing thereon in such sums and at such times as the said Henry may see fit to the use and benefit of my son Job Stanbery.

Item fourth. I devise to my wife Ann Lucy Stanbery Lot number Eleven in the Fifth square of the town of Zanesville (being the same lot on which I now reside) during her natural life, and upon my decease to my daughter Ann Lucy Peirce and her heirs._ and whereas it is my wish that the real estate above devised to my said daughter Ann Lucy Peirce as well also as the real estate hereinafter devised to her, shall in no event be disposed of except for the benefit of herself & children. I do declare that the same, that is the real estate hereinbefore and that hereinafter devised to her shall not be sold or otherwise disposed of during her coverture with her present husband, unless the within written consent of my son Henry Stanbery shall be given to such sale or other disposition thereof, and the proceeds of such sale or other disposition thereof shall be held by said Henry or Howard as the case may be, for the benefit of said Ann Lucy Peirce or her children, to be by him appropriated for their benefit by payment to her said husband , or otherwise in such sums and at such times as to him the said trustee may seem proper.

Item fifth. All the residue of my personal estate I devise to my wife Ann Lucy Stanbery for her support and maintenance during her natural life, in lieu of her dower in my Estate, and upon her decease or in case I should survive her then upon my decease to my four younger children Henry, Edward, Charles & Howard share and share alike and in case of the death of any one or more of them during the life of my said wife leaving no heir of his body, then that the proportion of such decedent or decedents shall go to the survivor or survivors of them share and share alike.

Item sixth, and whereas besides personal chattels and monies, I am possessed of notes, bonds, contracts, mortgages, and certificates of land entrys and Patents for land entries, as indences[indentures?] & securities for money due and to become due to me, it is my intention that all the monies and debts arising out of all the aforesaid descriptions of instruments, or any other of like kind to be taken & considered as parcel of my personal estate, and in all cases where I hold the title or have a lien on lands by mortgage or otherwise as security for the payment of any debt, that such title or lien do pass with the debt as incident thereto.

Item seventh. I devise to my son Howard Stanbery the tract of land being Fractional section number eight, township number Eleven of range thirteen conveyed to me by Ira Belknap, in Muskingum County (excepting the two parcels sold by me thereon to John Neff) and also the eighty acres adjacent thereto upon the trust and for the uses and purposes following that is to say, that he appropriate the rents & profits thereof to the support and maintenance of my son Jonas Stanbery during the natural life of said Jonas, and on the decease of said Jonas, I devise said tract of land to my four sons Henry Edward Charles & Howard and their heirs.

Item eighth. All the residue of my real estate which I now own or may have at the time of my decease I devise to my five younger children Ann Lucy Peirce, Henry, Edward, Charles & Howard and their heirs share and share alike.

Item ninth. I appoint my sons Henry and Howard my Executors, and I direct that no security be required of them as such, or as special trustees under this will, and that no appraisement or sale be made of my personal property unless necessary for the payment of debts. I[n] witness whereof I the said Jonas Stanbery have hereunto set my hand and seal this fourth day of May A.D. Eighteen hundred and thirty nine.

Jonas Stanbery

Signed sealed published and declared

by the above named Jonas Stanbery

as & for his last will & testament in the

presence of us, who at his request

& in his presence & in the presence

of each other have subscribed our

names as witnesses thereto, the

words except for the benefit on

the first page having been erased

before execution

Chas B Goddard

Welles Hawes

Note: Due to the extent of Jonas's land holdings, mortgages, contracts, &c., his will was probated in a number of other Ohio counties, among them: Delaware, Franklin, Holmes, Knox, and probably others.

Source

Jonas's Will: "Ohio Probate Records, 1789-1996," database with images, FamilySearch (1 July 2014), Muskingum > Wills, administration and guardian bonds 1806-1843 > image 543 of 659; county courthouses, Ohio.