Will of Isaac Ervin (Irvin) of Tuscarawas County, Ohio

in Wills

I, Isaac Ervin of the County of Tuscarawas and State of Ohio do make and publish this my last will and Testament in the manner and form following that is to say:

First. It is my will that all my funeral expenses and just debts be fully paid.

Second. I give, devise and bequeath to my beloved wife Rachel Ervin in lieu of her dower in the real estate or plantation on which we now reside, situate in Goshen Township, Tuscarawas County, Ohio, containing eighty acres more or less. All the livestock, consisting of horses, cattle, sheep, hogs and all the household and kitchen furniture and all other articles not herein enumerated that I am possessed. She howver disposing of a sufficient amount of them to pay all my just debts; and at the death of my beloved wife all the property devised to her and not disposed of or expended by her is bequeathed to my son Isaac Ervin. And in addition to that I devise to him forty five acres off of the North end of the West half of the South East quarter of Section nine (9) in Township eight (8) of Range One of the unappropriated land subject to sale at Zanesville, Ohio, containing eighty acres.

Thirdly. I give and devise to my son George Ervin, the remainder of said West half of the South East quarter of Section nine (9) in Township eight (8) of Range One as aforesaid subject to the payment of twenty five dollars to my daughter Elizabeth married to Adam Maughaman to be paid in two years after the death of my wife Rachel. And also subject to the payment of twenty five dollars within two years after the death of my wife Rachel to my daughter Mahala Watson intermarried with Joseph Watson, said payments are to be without interest.

Fourthly. I devise to my daughter Sarah Ann intermarried with Dennis Cahill the sum of twenty five dollars and to my daughter Rachel intermarried with George Little the sum of twenty five dollars to be paid to them by my son Isaac, one half of each sum within one year from the death of my wife Rachel and the residue within two years from the same period without interest.

Fifthly. I devise to each of the children of my daughter Mary who was intermarried with One hand Grove to be paid by my son George one dollar, one half within one year after the death of my wife and the residue in two years from that period.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal this twentieth day of March A.D. eighteen hundred and fifty one.

Isaac X. Ervin (Seal)

Signed and acknowledged by said Isaac Ervin as his last will and testament in our presence, and signed by us in his presence and at his request.
Tho. J. Sargent
George Wright

At a Court fo Common Pleas, begun and held at the Court House in the town of New Philadelphia, within and for the County of Tuscarawas and State of Ohio, on the nineteenth day of August A.D. eighteen hundred and fifty one, were present the Hon. John Pierce President, James Patrick, Morris Creter and Jacob Glickensderfer associate Judges of said Court.

In the proceedings then and there had and held among others are the following,
The last will and testament of Isaac Ervin was this day brought into Court and the witnesses thereto, viz Thos.J. Sargent and George Wright came before the Court and being duly sworn say that the deceased signed and subscribed said will at the end thereof in the presence of said witnesses, that they said witnesses attested and subscribed said will as witness, in the presence of siad deceased, that the testator at the time of executing said will was of full age of sound mind and memory and not under any restraint, which testimony is reduced to writing and filed and the Court being satisfied that said will has been duly executed, attested and proven as aforesaid the same is admitted to probate. Whereupon it is ordered that Letters of Administration with the will annexed issue to Rachel Ervin, that she give bond in the sum of two hundred dollars with Samuel Lytle and Samuel B. Wright as sureties, who are approved as such. Ralph Winspear, James Conwell and Adam Riggle are appointed appraisers of goods and thereupon comes into Court the said Rachel Ervin and elects to take under the will in lieu of dower.

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