WILL OF JOHN DYE
Washington Co OH Probate Records 2:388-389
Dated 18 Apr 1817, Proved May 1823
Contributed by: Marilyn Sharp
[This is the elder John Dye, who m. Miss Mount and Elizabeth
Caywood. Paragraphs added for easier reading; the original will
is one long paragraph.]
In the Name of God Amen: On the eighteenth day of April in the year of
our Lord One thousand eight hundred and seventeen, I John Dye of the
Township of Lawrence in the County of Washington and State of Ohio
being of Sound mind and memory, considering the uncertainty of human
life do hereby make and declare the following to be my last Will and
testament.
First, I render my Soul to God its Creator beseeching him to receive it
in his mercy.
Secondly I bequeath that part of the south east quarter of Section W.
31 in the third Township of the seventh range which I am at present
lawfully seized of, to my dear Son Amos Dye but not to come into the
possession of my said Son Amos until after my death and likewise until
the death of Elizabeth my Wife. I reserving all the use and
Occupancy & profits of said land until my death and until the death
of my said Wife Elizabeth (if she should survive me) the Houses farming
utensils and the use & Occupancy of my said land shall belong
exclusively to my said Wife Elizabeth free of any rent, charge or
incumbrance whatever during her life, and after her death (if she
should survive me) the said farming utensils I likewise bequeath to my
said Son Amos free of any claim or charge from any of my other Children
or any person whatever.
Thirdly it is my Will that after my death all that remains of my
personal property after my funeral expenses shall have been paid
(reserving One Cow which I will that my Wife Elizabeth shall have)
shall be divided into seven parts or shares and that my daughters Jenny
Mary & Sarah shall each have One share and my Other daughters
Elizabeth and Patience each to have two shares. I considering
that my said daughters Elizabeth and Patience have never yet received
any portion from me I therefore think it just to give each of them two
shares with which I hope my other daughters will be satisfied. To
each of my Sons (that is to say) John, Thomas, Samuel, Jonathan and
Ezekiel I have already given what I supposed to be and equitable share
of the property which I had. It is therefore my Will that they do
not receive any part of the property I now hold but that it should go
to my other Children as mentioned above in this my Will and testament.
And I do further Constitute and appoint my dear sons John and Samuel
Dye to be the executors of this my last Will and testament according to
the true intent and meaning thereof, hoping that they will see it
carried into effect with as little expense as possible.
In Witness whereof I have hereunto set my hand On the day and year
above Written.
N.B. The words “not” and “have”
John Dye
Seal
underlined before signing
Witness present
John Sharp
Eliza Sharp
The State of Ohio
In Court of Common Pleas
May Term
Washington County ss
Anno Domini 1823
This instrument of writing purporting to be the last Will and testament
of John Dye, late of Lawrence in the County, deceased, was presented in
Court and proved by the Oaths of John Sharp and Eliza Sharp the
subscribing Witnesses to the same approved and Ordered to be
recorded. And on the motion of John Dye, one of the executors in
the said Will named who made Oath thereto according to law, It was
ordered that letters, testamentary with the said Will annexed be
granted him. And this Court appointed William Hoff, Elijah Davis,
and John Chambers to appraise the personal property belonging to the
said decedents estate agreeably to law,
Ex ann. . .
Attest
Geo. Dunlevy, Clerk