Cox, Jacob - 1821 Will *LINK*

Posted By: Darke County Wills Project
Date: 22 September 2004

Jacob Cox's Will

In the name of God Amen.

I Jacob Cox of the county of Darke & state of Ohio being in perfect health of body and of sound & disposing mind memory and understanding considering the certainty of death and the uncertainty of life and being willing to settle all my worldly affairs and thereby be prepared to leave the world when it shall please God to call me hence do therefore make and publish this my last Will & Testament in manner and form following. First and principally I commit my body to the earth to be decently buried at the discretion of my Executors herein aftermentioned. And after my just debts and funeral charges are paid first I give and bequeath unto Martin Cox my oldest son North East and South East quarters of section number fourteen in Township Twelve range one East of the meridian lying in the county of Darke aforesaid and one horse and two cows which property he has already recieved [sic] and the lands I have deeded to him in fee simple which is the said Martins full portion.

I also give and bequeath unto Jacob Cox, my second son a fraction section No. thirteen town & range and county aforesaid containing one hundred and ninety three acres & 16/100 for which he recieved [sic] a patent from the United States, the entry was made in his own name and I advanced the money to pay for the lands. And likewise the South East quarter of section No. six in township No.12 Range 2 East of the meridian in Darke county containing 146.04 acres of land amounting in all to three hundred and thirty nine acres which is nineteen acres more than his share thirty eight dollars the said Jacob is in debt he likewise received one horse and two cows which is his full portion and thirty eight dollars over­ And further I give & bequeath unto John Cox my third son the North East quarter of section No thirty one in township No 12. in Range No. 2. in the county aforesaid containing one hundred and sixty acres of land which entry was made in the said John's name and he has recieved [sic] a patent from the United States and likewise the fraction section No thirty six in town 12. Range 1 in the county aforesaid containing two hundred and twenty seven acres amounting to three hundred and eighty seven acres of land which entry was likewise in his own name and he has 67 acres more than his share which amounts to one hundred and thirty four dollars which I have received a part--the residue he is in debt for he has likewise received one mare and two cows which is his portion in full of the moveable property.

I likewise give jointly unto Martin Jacob and John Cox one waggon [sic] and harness for thier [sic] use. I further give and bequeath unto Abraham my fourth son the North half of section No one Town 11. Range one in the county aforesaid for which I intend making a deed in fee simple one horse and two cows not all recieved [sic] which is the said Abrahams full portion--. I further give and bequeath unto Henry my fifth son the South half of the last mentioned section Viz Sc1. T.11. R.1. in D. county which I now live on which he the said Henry is not to have possession of till after my decease at which he shall possess the same in fee simple with all the moveable property thereon on the place owned by me in my lifetime and Henry & Abraham shall have the waggon [sic] and harness I now use Jointly between them which they shall not account for------.

I further give and bequeath unto Barbary Stingley my oldest daughter the South East quarter of section No 12. Town No 11. R 1 East where she now lives for which she has recieved [sic] a deed in fee simple she has recieved [sic] thirty seven dollars and one horse which is her full portion of my real and personal property------

I further give and bequeath unto Mary Waggoner my second daught[er] the North East quarter of section No. 13 in T.11. Range No 1. in the county aforesaid for which she has recieved [sic] a deed in fee simple and likewise to recieve [sic] one mare and two cows which is to be her full portion of my real and personal property----And further I give and bequeath unto Eve my third daughter an unmarried woman the North West quarter of section No 14. in T. No 12. Range No 1 for which she has recieved [sic] a deed in fee simple and further she is to have two cows and one horse worth forty dollars or upwards to be delivered on her day of marriage which is to be her full portion of my real and personal property. And whereas my Grandchild John Cox bound to me by Indenture bearing date Sept. 4 1820 bound by his mother Mary Waggoner then at the Birth of the said John Mary Cox I by the Indenture was bound to make him a deed in fee simple when he arrived to the age of 21 upon the condition of the indenture the South West quarter of section No 11. in town No 12. of Range one in the county of Darke aforesaid. And if I should decease before the said John arrives at the age of twenty one years I therefore request my youngest son, Henry, to take charge of the said apprentice and comply with the requisition of the Indenture as far as his education boarding clothing and lodging. And the said Henry is to be entitled to the said apprentices labours without accounting for the same to the Executors. And the said Henry Cox will pay the taxes of apprentices land till he arrives at full age of 21 years and further if I should die before my wife I allow her to claim the right of dower off of the place I now live and willed to my son Henry both real and personal property and to have the North End of the new House I am now building during her natural life and as much of the household furniture as she stands in need of--------

And lastly I do hereby appoint my two sons Martin and Jacob Cox my sole executors of this my last will and testament annulling all wills by me as heretofore by me made and this only to be taken for my last will and testament and none other. And I hereby authorize my executors to make all the deeds mentioned in the will to the persons entitled to receive them in fee simple If I should die before I execute them.

In testimony whereof I have hereunto set my hand and seal this first day of January eighteen thousand and twenty one.

Jacob Cox (Seal)

Signed sealed published and declared by Jacob Cox the above named testator for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses therewith
Archibald Bryson
Peter Livengood [German Script]

Be it remembered that at a special court of common Pleas holden at Greenville on the twenty eighth day of November one thousand eight hundred and twenty two before the Honorable Enos Terry John Purviance and James Rush esquires associate Judges of our said court of common Pleas came Martin Cox and Jacob Cox being the executors mentioned in the within written last will and testament who exhibit here in court the within written last will and testament of Jacob Cox now deceased which said last will and testament being proven by the oath of Archibald Bryson and affirmation of Peter Livengood the subscribing witnesses thereto is ordered to be recorded And thereon said Jacob Cox and Martin Cox administrators of the estate of the said Jacob Cox deceased according to the tenor and effect of the said last will and testament And to them it is granted.
By the court
Eastin Morris Clk

The State of Ohio,
Darke County
To all to whom these presents shall come Greeting Whereas Jacob Cox late of the County aforesaid deceased did by his last will and testament constitute and appoint Jacob Cox and Martin Cox Executors of the same And whereas at a court of common Pleas held at Greenville in the County aforesaid on the twenty eighth day of November in the year of our Lord one thousand eight hundred and twenty two before the Honorable Enos Terry John Purviance and James Rush associate Judges the same last will and testament hath been exhibited and duly proven & Jacob Cox and Martin Cox the Executors therein named having signified their willingness to accept the trusts reposed in them by the testator.

Therefore be it Known that by this Court of common Pleas administration of all and singular the estate of the said Jacob Cox deceased is hereby committed to the said Jacob Cox and Martin Cox executors as aforesaid to be by them administered according to law and agreeably to the tenor of the same last will and testament. Provided however that it shall be the duty of said Executors to have all and singular the goods and chattels belonging to the said estate of the said Jacob Cox not otherwise disposed of by the said last will and testament inventoried and appraised by Jared Barnes Archibald Bryson & Benjamin Murphy free holders 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 court of common Pleas of the county aforesaid within three months from the date thereof And further to settle said estate so far as the provisions of the said last will and testament will admit within twelve months from the date hereof. And a true and accurate statement thereof to make and to return to the Court of common Pleas as the law directs

Witness the Honorable Joseph H Crane President our said Court at Greenville the twenty eighth day of November one thousand eight hundred and twenty two.
Eastin Morris Clk.

Scans of actual will - p. 24-30

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