Last Will and Testament of Samuel Allen

In the name of God, Amen. I, Samuel Allen, Ohio Township, Noble County and State of Ohio, being advanced in age, and of sound mind and perfect memory, Praised be Almighty God, the same do make this my last Will and testament in manner and form following: (That is to say.) First, I will and bequeath to my oldest son Elisha Allen, one dollar. I also will and bequeath unto James Allen and Samuel Allen one dollar each. I also will and bequeath to my oldest daughter Martha Chapman, one dollar and I will and bequeath unto Relief Dudley, my youngest daughter, all my beds and bedding with all my household furniture, (now in her possession) after the above legacies are paid and all necessary funeral expenses are paid. I will and bequeath unto my son Dominicus Allen all the remainder of my property, that may be left (which is at this time two hundred dollars in notes of Wilson F. McIntire (McIntyre) and one horse, saddle and bridle, and particularly I will and bequeath to said Dominicus Allen, all my wearing apparel with my silver watch and I do hereby appoint Martha Chapman my oldest daughter sole administratrix of this, my last Will and Testament, hereby revoking all former wills by me made. In witness where of I have hereunto set my hand and seal the sixteenth day of June in the year of our Lord one thousand eight hundred and fifty one.

Samuel Allen

Signed, sealed, published and declared by the above named Samuel Allen to be his will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.

Dennis Gibbs*
D.S. Gibbs

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At a Court of Probate holden in and for the County of Washington in the State of Ohio, at the Probate Office in Marietta, on the 14th day of June A.D. 1854 before David Green, sole judge of said court, an instrument of writing purporting to be the last Will and testament of Samuel Allen late of Salem ____ in said Washington County, was this day produced in court, and D.S. Gibbs one of the subscribing witnesses to said will appeared and in open court on oath testified to the due execution thereof, which testimony was reduced by writing and by him subscribed and filed with said will and is in the words and figures following to wit:

The State of Ohio, Washington County, ___

I, D.S. Gibbs being duly sworn in open Court this 14th day of June A.D., 1854, depose and say that I was present at the execution of the last will and testament of Samuel Allen, late of Salem township in said Washington County, hereunto annexed that Will and testament and that I saw said testator subscribe said will and heard him publish and declare the same to be his Last Will and Testament, and that the said testator at the time of executing the same was of full age, of sound mind and memory, and not under any restraint, and that I and Dennis Gibbs signed the same as witnesses at his request and in his presence and in the presence of each other and that said Samuel Allen is now dead, and was at the time of his decease a resident and citizen of said Washington County this 14th day of June A.D. 1854

D. S. Gibbs
Before Davis Green,
Probate Judge W.C.

And afterwards to wit: On the second day of August A.D. 1854 at a Court of Probate holden in and for the said County of Washington at the Probate Office in Marietta, before Davis Green sole Judge of said county, Dennis Gibbs one of the subscribing witnesses to the last Will and Testament of Samuel Allen deceased, produced in Court on the 14th day of June A.D. 1854 and partly proven by the testimony of D.S. Gibbs the other subscribing witness thereby; this day appeared in open court, on oath testified, by the due execution of said will, which to testimony was reduced by writing and filed with said will, and is in the words and figures following to wit:

The State of Ohio, Washington County
Probate Court Washington County

I, Dennis Gibbs being duly sworn in open court, this 2nd day of August, AD 1854, depose and say that I was present at the execution of the last will and testament of Samuel Allen, late of Washington county, deceased hereunto annexed, that I saw said testator subscribe said will and heard him publish and declare the same to be his last will and testament; that the said testator at the time of executing said will, was of full age, of sound mind and memory and not under any restraint and that I and D.S. Gibbs signed the same as witnesses at the request of said testator, and in his presence and the presence of each other and that said testator is now dead.

Subscribed and sworn to in open court this 2nd day of August 1854 ­ Before Davis Green Probate Judge

And it appearing to the Court by said testimony of the said D.S. Gibbs and Dennis Gibbs, that said Will was duly attested and executed, and that the said testator at the time of executing the same, was of full age and of sound mind and memory, and not under any restraint; It is ordered by the Court that said Will be admitted for Probate, and the same with the Probate thereof be recorded. Whereupon Martha Chapman the Executrix named in said Will, appeared in Court and signified her acceptance of the trust of executing said Will. It is therefore further ordered, that Letters Testamentary be issued to her upon her giving bonds in the sum of One hundred dollars, with Samuel Chapman and Dennis Gibbs as sureties, conditioned according to law. The Court appoints James Dudley, D.S. Gibbs and Sidney Glidden Appraisers of the personal estate of the said Testator.

Examined ________,
Davis Green Probate Judge

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[NB: (*) Dennis S. Gibbs went on to become a prominent lawyer and judge. He was the son of Dennis Gibbs, an early New England settler of Olive Township. Additional information available.]

Contributed by: Thomas Allen

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