I Harrison G.O. Cary of the city of Zanesville in the county of Muskingum and State of Ohio do make and publish this my last will and testament hereby revoking any and all former wills by me made or executed.
First-- I desire and direct that all my Just debts and funeral expenses be paid in full.
Second-- After the payment of my debts, I devise and bequeath to my beloved wife Matilda A. Cary the residue of my estate both real and personal, wherever situated, together with all my goods, rights, chattels, credits, chases in action or possession, and all other property belonging to me of every description whatsoever.
Third- I desire and request that my said wife Matilda, will render to any one or more of my relatives - at such times and in such ways as to her way seem best such assistance as in her Judgement may be desirable, and this request is in no way to be considered or construed as mandatory, but is to be acted upon only as the Judgement of my said wife - in whose discution and desire to fulfill my wishes I have the fullest confidence -- shall dictate.
In witness whereof I hereto set my hand and seal this 13th day of March A.D. 1879.
H.G. O. Cary
Signed and published by said Harrison G.O. Cary as and for his last will and
testament in our presence and signed by us in his presence, at his request as
witnesses thereto.
T.J. Terry
George F. Russell
Codicil
I Harrison G.O. Cary of Zanesville, Ohio do make and declare the
following to be a codicil to my last will and testament Dated March 13th A.D. 1879.
Pg. 161
1st. I hereby direct that my executor or administrator shall pay to my sister L.
Helen Lockwood of Ofabachicals, Florida the sum of Two hundred and forty four
dollars and thirty eight cents ($544.38). I also direct that in the count of the demise
of my said sister Helen before the execution of this will or the payment of the above
named sum that the same be paid to my sister Augusta C. Lawson. In case of the
demise of my said sister Helen and my sister Augusta before the execution of this
my will, I direct that the above named sum shall be paid to my surviving sisters or
their heirs as my wife Matilda A. Cary may direct.
2nd Having made provisions for my four sisters Clara Isabella Barron,
Frances G. Thompson, Augusta C. Lawson and L. Hellen Lockwood to the
extent of my ability. And Satisfied the obligations into which I entered with them
(with the exception of the above amount to my sister Hellen) and in view of the
misconstruction that might be put on item third of my said will, and in order that my
wife Matilda A. Cary may be unembarrassed thereby. I hereby revoke and cancel
item 3rd of my said will which relates to providing for any relations.
In witness whereof I hereto set my hand and seal this twenty second day of
August A.D. 1890.
H.G.O. Cary
Signed and published by said Harrison G.O. Cary as and for his last will
and testament in our presence and signed by us in his presence at his request as
witnesses thereto.
W.A. Miller
Laura Swait
In Probate Court Monday September 28th 1891. In the matter of the last will
and testament and codicil of H.G.O. Cary, deceased.
Partial Probate of Will and Codicil
This day the last will and testament with codicil thereto, of H.G.O. Cary late
of Muskingum County Ohio, deceased, were produced in writing in open court and
personally
pg. 162
came T.J. Terry, one of the attesting and subscribing witnesses to said will and
W.A. Miller one of the attesting and subscribing witnesses to the codicil therto,
who were duly sworn and examined according to law, touching the execution of
said will and the codicil thereto respectively. And whose testimony was reduced to
writing and filed herein: And it appearing to the court that Laura Swait the other of
the attesting and subscribing witnesses to the codicil to said will is not presnt in
open court. It is now ordered that the further hearing on the application to admit
said will the codicil thereto to Probate be and it is hereby confirmed.
Geo. L. Foley
Judge
In the Probate Court Tuesday September 19th 1891.
State of Ohio
The State of Ohio, Muskingum County
Recorded this 18th day of January 1892.
Probate of the will and Codicil
This day the last will and testament with codicil thereto of H.G.O. Cary
deceased was agin produced in writing in open court and personally came Laura
Swait the other of the attesting and subscribing witnesses to said codicil to said
will, who was duly sworn and examined according to law, touching the execution
of the same and whose testimony was reduced to writing and filed herein. And
Matilda A. Cary to widow of said testator and Augusta C. Lawson, Clara
Issabella Barrow and Frances W. Thompson the rest of Kin of said testator
residing within the state of Ohio, having filed herein their acceptance of notice of
the application to admit to Probate said will and the codicil thereto. And consented
to the Probate of the same on such day as the Probate Judge shall please. And in
appearing to the court from the testimony herein that said
pg. 163
will and the codicil thereto were duly executed and attested and that the said
testator H.G.O. Cary deceased was at the time of the execution of the same
respectively, of full age, of sound and disposing mind and memory, and free from
any restrain. It is now by the court ordered that said will and the codicil thereto be
and they are hereby admitted to Probate, and that the same together with the
testimony of the witnesses, and this the former entry herein be duly recorded.
Geo. L. Foley
Judge
Muskingum County
Probate Court
I Geo. L. Foley sole Judge and Ex-officio clerk of the Probate court, within
and for the county aforesaid do certify the foregoing to be a true copy of the last
will and testament with codicil thereto of H.G.O. Cary late of Muskingum County,
Ohio deceased together with the orders of said court admitting the same to Probate
and record therein as the same appears from the records and files of said court.
In testimony whereof I have hereunto set my hand and affixed the seal of said
court at Zanesville this 28th day of December A.D. 1891.
Geo. L. Foley
Probate Judge and Ex-officio Clerk
Probate Court
I Geo. L. Foley sole Judge of the Probate court of Muskingum County,
within and for the state of Ohio, the same being a court of law and record, do
hereby certify that the signature attached to the foregoing certificate purporting to
be that of Geo. L. Foley is his genuine signature and that he was at the time thereof
Ex-officio clerk of said Probate court and that the attestation of said clerk is in due
form of law and by the proper officer..
Witness my hand and the seal of said court at Zanesville this 28th day of
December A.D. 1891.
Geo. L. Foley
Probate Judge
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