Allen County OhArchives Wills.....Harshe, Et Al May 20 1879
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File contributed for use in USGenWeb Archives by:
Dan Mead dmead@houston.rr.com May 25, 2004, 12:51 pm

Source: Probate Court Record
Written: May 20 1879
Recorded: June 8 1888

Transcribed from SAMPUBCO copy by Dan Mead
Allen County, Ohio, D-507 through 510

RECORD OF WILLS, ALLEN COUNTY, O.

The Last Will and Testament of David Harshe

Proceedings had in the Probate Court of Allen County Ohio, held in the 
CourtHouse at Lima this 8th day of June A.D. 1888.  Be it remembered that here-
to-for to wit: on the 5th day of June A.D. 1888 an instrument of writing 
purporting to be the last Will and Testament of David Harshe late of Jackson 
township in this county deceased was produced in open court for Probate, which 
said will is in the words and figures following to wit: In the name of the 
benevolent father of all; I David Harshe of Jackson Township, Allen County Ohio 
being of sound mind do make and publish this my last Will and Testament. Item 
1st; I desire that my property be applied first to the payment of my debts and 
expenses of my last sickness and funeral. Item 2nd; I give and bequeath to each 
of the following grand-children (children of my daughter Dorha Ann Hall now 
deceased) named David Hall, Eleanor Hall, and James Hall the sum of thirty-
three and 33/1000 dollars.  Item 3rd; To each of my two children by my first 
wife named James R. Harshe and Samantha Kirby I give and bequeath the sum of 
fifty dollars.  Item 4th; I do give and bequeath and devise unto my beloved 
wife Sophia Harshe all my property estate and effects both real and personal 
embracing all lands and interests in lands movies, notes, books of account, 
chooses in action and claims of whats ever nature after the payment of my 
debts and the bequests herein before made to be by her held and used for her 
support and the support of my children by my said wife Sophia so long as she 
shall live, that is to say she shall use the personal property in the support 
of herself and my said children by her so long as she shall live, and she shall 
have a life estate in my said lands, but this bequest and devise goes to her 
charged with the support of my children by my said wife Sophia. Item 5th; I do 
give bequeath and devise to my children by now wife Sophia named Elea Nor 
Harshe, David Harshe, Andrew Harshe Martin, Sophia Harshe and Ina Servilla 
Harshe to be by then taken upon the death of my said wife Sophia share and 
share alike all my real and personal property above bequeathed land devised to 
my said wife Sophia which may be remaining after the amount so used by her for 
her and their support.  They upon her death taking absolutely share and share 
alike all my personal property then remaining in fee. Item 6th; In case any of 
my said children by my now wife Sophia should die without issue of their body 
living then the remaining children by my now wife Sophia shall take the bequest 
and devise in Item 5th; absolutely share and share alike or in case there 
should be born to me by my said wife Sophia a child or children after the date 
of this Will, then such child or children shall share with the above named my 
children of my now wife Sophia the bequest and devise in Item 5th; absolutely 
share and share alike.  Item 7th; In case any one or more of the persons named 
in items 2 and 3 of this will should die without issue their living, then the 
money so bequeathed shall remain with and pass to my said wife for the purpose 
and in the manner named in item 4th; of this will.  I do hereby name and 
appoint my said wife Sophia Harshe executrix of this my last will and testament 
and request that she in regard to her duties in the premises  and for her 
safety as such executrix consult and employ Richie and Richie attorneys at law 
of Lima Ohio to give her counsel, prepare her accounts and be her legal advisor 
in all matters pertaining to her duties.  And in case it should be necessary 
for her support and the support of my said children for her to sell any portion 
of my real estate, I desire that the Court upon such showing being made, order 
and direct her to sell the same sufficient to support her and my said children 
by her in a respectable and comfortable manner.  In testimony where of I have 
here unto set my hand and seal this 2oth day of May A.D. 1879.  David Harshe 
<seal>, Signed, sealed and acknowledged by David Harshe as his last Will and 
Testament in our presence and the presence of each of us separately and signed 
by us in his presence this 20th day of May A.D. 1879.  W.B. Richie, J.E. 
Richie, and whereupon to wit: on said 5th day of June A.D. 1888 the Court made 
an order relative to said Will as follows: In the matter of the Will of David 
Harshe deceased June 5th A.D. 1888.  This day an instrument of writing 
purporting to be the last Will and Testament of David Harshe late of Jackson 
Township in this County deceased was produced in open Court for Probate.  
Whereupon the Court ordered said Will be placed on file and that a notice issue 
to W. B. Richie and J. E. Richie the subscribing witnesses to said will; also 
to Sophia Harshe widow of said David Harshe deceased, and James R. Harshe, 
Samantha Kirby, Eleanor Hall (now Thompson), James Hall, Clara Ellen Harshe, 
David Harshe, Andrew Harshe, Martha S. Harshe, and Ina Serville Harshe, the 
heirs and next of kin to said decedent, residing in the Sate of Ohio, that said 
Will is filed in this Office for Probate, and will be for hearing on the 8th 
day of June A.D. 1888 at one oclock P.M. John J Linderaus Probate Judge and 
afterward, to wit: on said 8th day of June A.D. 1888, the testimony, findings, 
and order of the Court relative to said Will, were entered in the Journal 
Testimony in words and figures following to wit: The State of Ohio, Allen 
County vs. In Probate Court Personally appeared in open Court W. B. Richie and 
J. E. Richie the subscribing witnesses to the last Will Testament of David 
Harshe late of Jackson Township in said Allen County deceased who being duly 
sworn according to law to speak the truth, the whole truth, and nothing but the 
truth in relation to the execution of said Will depose and say that the paper 
before them, bearing date the 20th day of May A.D. 1879 purporting to be the 
last Will and Testament of David Harshe now deceased, is the Will of said 
deceased; that they were present at the execution of said Will and at the 
request of the Testator of said Will respectively subscribed their names as 
witnesses in his presence; that they saw the said David Harshe deceased, sign 
and seal said Will and heard him acknowledge the same to be his last Will and 
Testament and that the said Davis Harshe at the time of making, signing, and 
sealing said Will. Was of lawful age, of sound and disposing mind and memory 
and under no undue or unlawful restraint what so sever. W.B. Richie, J. E. 
Richie.  Sworn to and subscribed by said witnesses in open Court before me this 
8th day of June A.D. 1888 John J. Liudemaner Probate Judge.  Final Order of 
Court.  In the matter of the last will of David Harshe deceased, In Probate 
Court, and now to wit: on the 8th day of June A.D. 1888 came W.B. Richie and J. 
E. Richie the subscribing witnesses to said Will being duly qualified testified 
to the due execution and attestation of said Will, which testimony was reduced 
to writing by them respectively subscribed and filed with said Will.  The Court 
being fully advised in the expenses, does find that the notice here-to-fore 
ordered to be served upon the widow and next of kin of the said David Harshe 
deceased, residing in the State of Ohio was duly and legally served.  Where 
upon the court finds that the aforesaid instrument of writing is the last Will 
and testament of said David Harshe deceased, that the same was duly executed 
and attested, and that the said Testator at the time of signing the same, was 
of lawful age, of sound and disposing mind and memory and under no undue or 
unlawful restraint what so ever.  It is there fore by the Court ordered, that 
the said Will be admitted to Probate and that the same together with the 
testimony of the subscribing witnesses above named be entered of record in this 
Court.  John J. Liudemaner Probate Judge.  In the matter of the Will election 
of Widow of David Harshe deceased, June 8th A.D. 1888.  This day came Sophia 
Harshe widow of David Harshe deceased, into open Court and after having the 
provisions of the last Will and Testament of said deceased and her rights under 
it fully explained and made known to her and also her rights by law fully 
explained in the event of her refusal to elect to take under said Will after 
due deliberation she elected to accept of the provisions made for her in said 
last Will and Testament in lieu of her own interest and distributive share of 
the Estate of said deceased.



Additional Comments:
David Harshe is my Great Great Grandfather on my mothers side.  James R. Harshe 
is my Great Grandfather.  Margaret Elta Harshe is my Grandmother.

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