Rush, Peter - 1819 Will *LINK*

Posted By: Darke County Wills Project
Date: 17 September 2004

In the name of God Amen

Whereas I Peter Rush of Greenville township Darke county and state of Ohio being sick of my body but of sound mind and memory calling to mind the uncertainty of life & the certainty of death and knowing that all flesh must yield unto death whenever it shall please God to call them and being willing to settle all my worldly affairs do by these presents make constitute and ordain this my last Will & Testament in manner and form following revoking all will or wills by me made as heretofore and this only is to be taken for my last Will & Testament and none other.

First I commit my body to the earth to be decently buried at the discretion of my executors and after all my just debts and all other incident[al] expenses attending my last sickness are paid Secondly whereas I have entered one quarter of land viz sout[h] east quarter of Section No 11. in township ten & paid 70 [dollars] and 76 cents and there is a running ballance of $221.25. Now I hereby request and order my executors sell a public vandue all my personal property as the law directs and to pay the several payments remaining on the land. And further I give & devise unto my two sons Asa & Isaia Rush ["v.o."- in left margin] the above mentioned mesuage or tenement or tract of land containing one hundred & forty seven acres of land & 52/100 to be equally divided between them & my wife May [Mary?] Rush is to have her third or to live with either of the boys at her own election. And further when all my just debts are paid and my land cleared out of the office And if there should be a ballance in the executors hands my wife's third must then be taken out and an equal division of the balance among all my children that is to say Jesse Elizabeth Catharine Asa Margaret Phebe and Isaia And further I will and bequeath & order my two sons Asa and Isaia or their guardians, that is to say Asa is to pay at the expiration of five years from this date the sum of fifty dollars viz ten dollars to Elizabeth Sumption ten dollars to Jesse Rush ten dollars to Catharine Rush & ten to Margaret Rush & ten to Phebe Rush & that Isaia shall pay the like sums to the same person when he arrives at full age or his guardians may pay them sooner if thought practicable. And I hereby appoint my son Asa and my widow Mary Rush my two executors to execute this my last will and testament In witness whereof I have hereunto set my hand & seal this fourteenth day of December in the year of our Lord one thousand eight hundred & nineteen ------

Peter Rush (SEAL)

Signed sealed published & declared by the above named Peter Rush to be his last will & testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator.

A. Bryson
John Hiller---- Witnesses

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The State of Ohio, Darke County

Be it remembered that at the special court of Common Pleas olden at Greenville in the county aforesaid on the twenty-fifth day of December one thousand eight hundred & nineteen. Before the Honorable Enos Terry John Purviance & Isaia Rush esquires associate Judges of our said court of Common Pleas come Mary Rush and Asa Rush being the executors in the within written last Will & Testament mentioned who exhibit here in court the within written last Will & Testament of Peter Rush now deceased which said last Will & Testament being proven by the oaths of Archibald Bryson & John Hiller the subscribing witnesses thereto. It is ordered that the same be recorded And therefore the said Mary Rush & Asa Rush pray Administraton of the estate of the said Peter Rush deceased according to the terms of the said the said [sic, repeated] last will and testament of to them it is granted

By the court
Eustin Morris Clk

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The State of Ohio, Darke County [illegible scribble]

To all to whom these presents shall come Greeting Whereas Peter Rush late of the county of Darke aforesaid deceased did by his last Will & Testament make ordain constitute and appoint his wife Mary Rush & his son Asa Rush Executors of the same and whereas at a court of Special court of Common Pleas holden at Greenville in the county aforesaid on the twenty fifth day of December one thousand eight hundred and nineteen. Before the Honorable Enos Terry John Purviance Esquires associate Judges of our said court of Common Pleas The same last will and testament hath been exhibited and duly proven and the executors therein named as aforesaid having signified their willingness to accept the trust reposed in them by the by the [sic, repeated] said testator.

Therefore Be it known that by the said court of Common Pleas Administration of all and singular the estate of the said Peter Rush deceased is hereby committed to the said Mary Rush & Asa Rush executors as aforesaid to be by them administered accordingly and agreeably to the tenor of the said last Will & testament Provided however that it shall be the duty of the said
executors to have all and singular goods & chattels belonging to the said estate of the said Peter Rush deceased not otherwise disposed of by the said last Will & Testament inventoried and appraised by Archibald Bryson James Bryson & Andrew Noffsinger freeholders of the county aforesaid and the same inventory and appraisment together with an accurate statement of the debts due and owing to the said estate to return to the office of the clerk of the clerk [sic, repeated] of the court of Common Pleas of the county aforesaid within three months from the date hereof and further to settle up so far forth as the provisions of the said last will & testament will admit within twelve months from the date hereof; and a true and accurate statement thereof to make & return to the court of Common Pleas as the law directs

["LS" at left spanning next paragraph]
Witness the Honorable Joseph H. Crane Esquire President of our said court at Greenville the twenty fifth day of December One thousand eight hundred & nineteen

Eustin Morris Clk

Will Scan Pages 16-19

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