Bailey, Henry

Posted By: Jeanne Brown Brady
Date: 18 June 2003

The following is a transcription of the Will of Henry Bailey who married Nancy Runyon Dec 18, 1834 in Preble Co., Ohio and moved to Darke Co. Ohio by 1840. Henry died July 6, 1876. This transcription was made from a photocopy of the pages obtained from the Ohio Historical Society May 2003.
Henry Bailey Will
Darke County Ohio Probate Court Record of Wills
Vol. C 1869 - 78
Page 434 - 435
OHS microfilm roll GR5190

Henry Bailey "Will"

Be it remembered that on this the 19th day of August A.D. 1876, a writing was produced before the probate court of Darke County Ohio, purporting to be the last will and testament of Henry Bailey late of said county deceased. And there upon came David F Bennett and J. E. Miller the subscribing witnesses to said will, and each in open court on oath testified to the due execution and attestation of the said will, and their testimony being reduced to writing was by the said witnesses subscribed, and the same has been attached to, and filed with said last will and testament. And it appearing to the court, that the said last will and testament was duly executed and attested. And at the time of executing the same, said testator was of full age, of sound mind and memory, and not under any apparent restraint, said will is therefore by the Court admitted to probate, and it is ordered that the same together with this order and the testimony of the said witnesses be recorded in the Record of Wills of this Court. And the same in the words and figures following, to wit:

Will:

In the name of God Amen.

I Henry Bailey of the County of Darke and State of Ohio, being of sound mind and memory, and being desirous of disposing of my wordly affairs do hereby publish this my last will. I hereby bequeath to my wife Nancy Bailey all of my real estate being about forty acres of land situate in Brown Township Darke County, Ohio, in section (32) Tp. 13, Range 2 east to have and hold said land for her own benefit so long as she remains my widow, and also all of my household goods, or so much as she may need thereof for her convenience or benefit. And I do hereby appoint my son John L. Bailey to be my executor, and authorize him to sell either at private or public sale all of my personal property or so much thereof as may be necessary to pay all my debts.
And I do request my Executor to pay to my son Samuel Bailey the amount of four hundred and fifty dollars, And to my daughter Rebecca Bennett the amount of two hundred and twenty-seven dollars and ninety cents. (So as to equalize them with my other heirs what they have already received.)
And to my son William Bailey the sum of two hundred dollars for taking care of me during my sickness. The last mentioned sum to be taken out of money paid by Stephen on his land.

In witness whereof I hereunto set my hand and seal this 1st day of July 1876.

Henry Bailey (seal)
Signed and sealed in our presence and we in his presence have hereunto signed our names this first day of July 1876.

David F. Bennett

Samuel Bailey

J. E. Miller
The State of Ohio, Darke County ss:
Personally came into open court David F. Bennett and J. E. Miller two of the subscribing witnesses to the last will and testament of Henry Bailey deceased, 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, depose and say, that the paper before them purporting to be the last Will and Testament of Henry Bailey now deceased, is the Will of said deceased, that they were present at the execution of said Will, at the request of the Testator Subscribed their names to the same as witnesses in his presence, and they saw the said Henry Bailey deceased, sign and seal said Will, and heard him acknowledge the same to be his last will and testament, that the said Henry Bailey at the time of making signing and sealing said will was of legal age, and of sound and disposing mind and memory, and under no undue or unlawful restraint whatsoever.

David F. Bennett

J. E. miller
Sworn to and subscribed in open court this 19th day of August A.D. 1876

J. A. Jobes Probate Judge

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