In the name of the Benevolent Father of All:
I, John Benham Senior, of the County of Montgomery and State of Ohio do make and publish this my last will & testament.
- Item Ist. I give and devise to my beloved wife, Abigial Benham, in lieu of her dower, the farm on which we now reside situate in Washington Township Montgomery County, Ohio containing about fifty acres, during her natural lifetime. Also, all the good and chattels belonging to me at the time of my decease, she however selling so much thereof as may be suffícient to pay just debts.
- Item 2nd. I will and devise my grandchildren being the children of Sarah Hatfield, deceased, Richard Benham, deceased, John Benham, deceased, ten dollars each to be paid to them by my Executors after decease of my said wife.
- Item 3rd. After the decease of my said wife, I direct that my said farm be sold by my Executors herein named and the proceed thereof together with the proceeds of chattel property that may be unconsumed by my said wife be equally divided amongst my children as follows: Mary Silver, Aaron Benham, Ivens Benham, Samuel Benham, Charlotte Blair, Lydia Meterd,Tildia Jane Surface, William P. Benham, and Levi Benham. Provided any of the above named children should decease before they should receive their shares, then I direct that their share be divided between those that may be living, and that their children be paid ten dollars each as the Grandchildren before mentioned.
- I do hereby nominate and appoint David Thatcher and Sydney D. Maxwell Executors of this my last will and testament hereby authorizing them to sell and deeds to make and deliver to purchasers for the Real Estate before mention in such manner either private or public sale at any time after the decease of my said wife. I further authorize and impower them to adjust and settle all business of any nature whatsoever. In testimony whereof I have hereto set my hand and seal this twenty first day of June A.D. 1862.
- John Benham [SEAL]
- Signed sealed and acknowledged by said John Benham as his last will and testament in our presence and signed by us at his request in his presence
- W. G. Ewing, Jr.
- S. L. Clutch
- Case #9588, Will Book H, page 214, filed May 7, 1870.
- Be it remembered that heretofore in the Probate Court in and for the County of Montgomery and State of Ohio to wit on the 7th day of May A.D. 1870 the last will and testament of John Benham, late of said County deceased, was presented and fíled in said Court for probate, and the same is in the words and figures following to wit:
- "In the name of the Benevolent Father of All:
- And afterwards in said Court, to wit on the 7th day of May A.D. 1870 the testimony of William G. Ewing, one of the subscribing witnesses to said last will and testament (the other subscribing witness being dead) was in open Court taken and reduced to writing; and also the testimony of David Thatcher who drew up said will and was present at the execution of the same, was taken and fíled with said will, and which said testimony is in the words and figures following to wit: The State of Ohio, Montgomery County, SS, Montgomery Probate Court:
- Personally appeared in open Court David Thatcher, who being duly sworn according to law to speak truth the whole truth and nothing but the truth in relation of the last will and testament of John Benham, deceased late of said County, deposes and says that S. L. Clutch, one of the subscribing witnesses to said last will and testament has since deceased and that the other subscribing witness resides in the Western part of this county; that the will was written by him (the said David Thatcher) at the request of the Testator and read over to said Testator before he signed the same, that he signed said will in his presence and in the presence of said W. G. Ewing and S. L. Clutch the subscribing witnesses to the same and that said witnesses signed said will in presence of the Testator and the affiant as witnesses at the request of the Testator. And said affiant further says that at the time of making, signing, and sealing said last will and testament, said Testator was of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever as he verily believes.
- David Thatcher
- Sworn to before me, and by him subscribed in my presence this 3rd day of May A. D. 1870. D. Dwyer, Probate Judge, the State of Ohio, Montgomery County, SSI Montgomery Probate Court.
- Personally appeared in open court William G. Ewing, Jr., who with S. L. Clutch, now deceased were the subscribing witnesses to the last will and testament of John Benham, deced, 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, deposes and says that the paper before him purporting to be the last will and testament of John Benham now deceased is the will of said deceased, that he was present at the making of said will, and at the request of the Testator subscribed his name to the same as witness in his presence and in the presence of each other; that they saw the said John Benham now deceased, sign and seal said will, and heard him acknowledge the same to be his last will and testament; that the said John Benham at the time of making signing and sealing said will was of legal age and of sound mind and memory and under no undue or unlawful restraint whatsoever as he verily believes.
- W. G. Ewing sworn to and subscribed in open Court this 7th day of May 1870
- Dennis Dwyer, Probate Judge
- And afterwards in said Court, to wit: on the 7th day of May 1870. This day the last will and testament of John Benham, late of this County, deceased was presented for probate. And the Court being satisfied from the testimony of said witnesses that said John Benham deceased at the time he executed said last will and testament was of legal age and of sound mind and memory and under no undue or unlawful restraint: It is ordered that said last will and testament be and the same is hereby admitted to probate, and with said testimony is ordered to be recorded.
- Case #9588, Will Book H, page 214, filed May 7, 1870.
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