Will of Henry Partlow
Submitted by
Kristy Stevens
Lawrence County Probate Court-
August 16-1888.
Pleas in the Probate Court in and for said County of
Lawrence and State of Ohio, before Lot Davis, Judge of said
Court at Ironton, Ohio this __ day of ______.
Be it remembered, that heretofore to
wit on the 16 day of August 1888 there was an instrument of
writing filed herein which reads in the words and figures
following, to wit:=
The State of Ohio, Lawrence
County
On Probate Court
On the matter of the last will and
testament of Henry Partlow, dec’d.
Application to admit to Probate
To the Hon. Lot Davis, Judge of the
Probate Court in and for said County:= Your petitioner
respectfully represents that Henry Partlow late a resident
of the township of Upper in said County, died on or about
the 24th day of July A.D., 1888 leaving an instrument in
writing, hereto attached purporting to be his last will and
testament. That the said Henry Partlow died leaving
Martha Partlow his widow and the following married persons
his only next of kin resident of the State of Ohio:
Julia Ann Turvey
Daughter
Hanging Rock,
Ohio
Susan Lane
Daughter
Ironton
Ohio
Ellen Holliday
Daughter
Ironton
Ohio
Samuel Partlow’s, dec’d, heirs
Mary Partlow
Grand-daughter
Ironton
Ohio
Alice Partlow
Do
Do
Do
Minnie Partlow
Do
Do
Do
Jennie Partlow
Do
Do
Do
Henry Partlow
Grandson
Do
Do
Samuel Partlow
Do
Do
Do
George Partlow
Do
Do
Do
Your petitioner prays that a time may be fixed for the
proving of said will, and that said above named persons may
be notified according to law of the finding of said
proceedings.
J.A Jones
The fore giving application was signed
in my presence and sworn to before me, this 16th day of
August A.D. 1888.
Lot Davis, Probate Judge
We, the undersigned heirs, and widow
of the within named decedent, hereby waive further notice,
and consent to the probate of said will. Dated this
16th day of August A.D. 1888.
Martha X Partlow (her mark)
State of Ohio, Lawrence
County
On Probate Court
In re last Will and Testament
To John L. Fisher, Sheriff Lawrence County, Ohio
of Henry Partlow
You are hereby remanded to notify Julia A. Turvey, Susan
Lane, Ellen Holliday, Mary Partlow, Alice Partlow, Minnie
Partlow, Jennie Partlow, Henry Partlow, Samuel Partlow,
Geo Partlow, and Melvina Partlow giving at least five
days notice. That on the 16th day of August A.D. 1888
an instrument of writing, purporting to be the last Will and
Testament of Henry Partlow late of Upper Township, in said
county, deceased, was produced in open Court, and an
application to admit the same to Probate, was on the same
day made in said Court. Said application will be for
hearing before this Court on the 27th day of August A.D.,
1888 at 2 o’clock P.M.
Herein fail not, but of this writ and
service thereon, make due return. Witness my signature
as Judge of the Probate Court and the seal of said Court
this 16 day of August, 1888.
by F.A. Ross, Deputy
Lot Davis, Probate Judge
The State of Ohio, Lawrence County
F.C. Yates being duly sworn says that
on the 21st day of August, A.D., 1888, he served the within
notice by delivering a true copy thereof to the within named
Julia A. Turvey, Susan Lane, Ellen Holliday, Minnie Partlow,
Jennie Partlow, and the following Mary Partlow, Allice
Partlow, Henry Partlow, Sam Partlow, Geo Partlow, and
Melvina Partlow not found in my county, this 27 day of
August 1888
by F.C Yates, Depy.
J.L. Fisher, Sheriff
Signed in my presence and sworn to
before me this 27 day of August, 1888
Lot Davis, Probate Judge by F. Ross, Depy
Will
On the name of the Prevalent
Father of All; I, Henry Partlow of Coal Grove, Ohio do make
and publish this my last will and testament:
First:- I give and devise to my
beloved wife, Martha Partlow, in leiu of her dower the
premises on which we now reside, situated in Upper Township,
Lawrence County, Ohio, containing 1 1/3, one and three
fourths acres, during her natural life; and all stocked
household goods, furniture, provisions and other goods and
chattels which may be therein, at the time of my decease,
during her natural life as aforesaid: She having selling so
much thereof as may be sufficient to pay my just debts.
Second:- I do hereby nominate and
appoint John A. Jones and John Peters, Jr. Executors of this
my last Will and Testament, hereby authorizing and
empowering them to compromise, adjust, release and
discharge, in such manner as they may deem proper, the debts
and claims due me. I do also authorize and empower
them, if it shall become necessary in order to pay my debts,
to sell, by private sale, or in such manner, upon such terms
of cordit or otherwise, as they may think proper, all or any
part of my real estate, and deeds to the purchasers to
execute, acknowledge, and deliver, in ? ?.
I desire that in? and no sale of
my personal property be made, and that the Court of Probate
direct the omission of the same in pursuance of the
Statute.
In testimony hereof, I have
hereinto set my hand and seal this 29 day of August 1885
Henry X Partlow (his mark)
SEAL
Signed and acknowledged by said
Henry Partlow, as his last will and testament in our
presence; and signed by us in his presence
John Peters, Jr.
Wm. Washburn
In Probate Court, Lawrence
County, Ohio
The State of Ohio, Lawrence County
In re proving the last Will and
Testament of Henry Partlow, Deceased
Wm T. Washburn, having duly sworn and examined as a witness
in the above entitled matter says: I was present at
the execution of the instrument now shown to me, hearing
date the 29th day of August, A.D. , 1885, and offered for
Probate as the last will and testament of Henry Partlow,
late of Upper Township, in said County of Lawrence deceased,
and saw the said Henry Partlow, now deceased, sign and seal
said instrument, and heard him acknowledge the same to be
his last will and testament; and that I thereupon, at his
request, and in his presence, subscribed my name to the same
as a witness. The said decedent, at the time of
making, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any restraint.
Wm. T. Washburn
Sworn to and subscribed by said
witness in open Court, this 21 day of August, A.D., 1888.
Lot Davis, Probate Judge
John Peters, Jr. having duly sworn and examined as a witness
in the above entitled matter says: I was present at
the execution of the instrument now shown to me, hearing
date the 29th day of August, A.D. , 1885, and offered for
Probate as the last will and testament of Henry Partlow,
late of Upper Township, in said County of Lawrence deceased,
and saw the said Henry Partlow, now deceased, sign and seal
said instrument, and heard him acknowledge the same to be
his last will and testament; and that I thereupon, at his
request, and in his presence, subscribed my name to the same
as a witness. The said decedent, at the time of
making, signing and sealing said instrument, was of full
age, of sound mind and memory, and not under any restraint.
John Peters, Jr.
Sworn to and subscribed by said
witness in open Court, this 21 day of August, A.D., 1888.
Lot Davis, Probate Judge
Election of Widow
And now comes Martha Partlow widow of Henry Partlow
deceased, and in open Court makes her election as follows,
to wit:
The State of Ohio, Lawrence County
In Probate Court, Ironton, Aug 27-A.D., 1888, I, Martha
Partlow widow of Henry Partlow late of Upper Township,
Lawrence County deceased, hereby elect to take the provision
made for me in his last will and testament, in lieu of my
dower interest, and distributive share of his estate.
Martha X Partlow (her mark)
Signed in open Court, this 27 day of
August 1888
Lot Davis, Probate Judge
And on the 15 day of August A.D.,
1888 an entry in relation to the will of Henry Partlow was
made in the Journal of the Court in the words and figures
following, to wit;
1st Entry:
Lawrence County Probate Court, Aug. 15- 1888
This day an instrument of writing, purporting to be the last
will and testament of Henry Partlow late of upper Township,
in this County, deceased, was produced in open Court for
probate, and it is now ordered that the said Will be filed
in this Court, and that due notice thereof, and of the
application to admit the same to Probate and record be given
to Julia Ann Turvey, Susan Lane, Ellen Holliday, (heirs of
Samuel Partlow, deceased): Mary Partlow, Alice Partlow,
Minnie Partlow, Jennie Partlow, Henry Partlow, Samuel
Partlow, and George Partlow and Melvina Partlow; next of kin
of the testator resident of the State of Ohio, five days
from thereto, that said application will be for hearing
before this Court on the 27th day of August A.D. 1888 at
2:00 o’clock P.M.
Lot Davis, Probate Judge
And afterward, to wit, on the 27 day
of Aug 1888 entry was made in the Journal, as follows; to
wit;
Final entry:
Lawrence County Probate Court, Aug 27-1888
Be it remembered, that heretofore, to wit, on the 15th day
of August 1888, an instrument of writing purporting to be
the last will and testament of Henry Partlow, late of Upper
Township in this County, deceased, was produced in open
Court and offered for probate and was there filed. And
it now having shown to the satisfaction of the Court, that
due notice of the filing of said Will, and of the
application to admit the same to Probate and record in this
Court; has been given to the next of kin of the testator,
resident of the State of Ohio, pursuant to a former order of
this Court; Therefore, on this day came Wm. T. Washburn and
John Peters, Jr. the subscribing witnesses to said will, who
having duly sworn, testified to the due execution and
attestation of said Will; which testimony was reduced to
writing, by theirs respectively subscribed, and filed with
said Will. Whereupon, the Court finds that the
aforesaid instrument of writing is the last will and
testament of said Henry Partlow, deceased; that the same was
duly executed and attested; and that the said testator at
the time of making, signing, and sealing the same, was of
full age, of sound mind and memory and not under any
restraint. It is therefore, by the Court ordered, that
the said will be admitted to Probate, and that the same
together with the testimony of the witnesses above named be
entered of Record in this Court.
Lot Davis, Probate Judge
And also on the 27 day of August 1888
came Martha Partlow, widow of Henry Partlow deceased, and in
open court makes her election to take the provisions made
for her in the will of her late husband in lieu of her Dower
and distributive share of his estate.
Lot Davis, Probate Judge
