Will of John Courtright, Jr.


1. The following is the will of John Courtright as found in Fairfield County Wills, Book 7, Pages 111-114, case 5457. This data was inscribed by a court reporter from a hard copy that couldn’t be found in the package and is a true representation of the contents.

These Data were Transcribed by Charles McKinley a Descendant and are separated by Dashes.

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The State of Ohio, Fairfield County ss

Be it remembered that on the 18th day of November A.D. 1878, a paper purporting to be the last will and testament of John Courtright Jr. deceased, was filed in the Probate Court of said County, and offered for Probate. To Wit:

In the name of the Benevolent Father and only true God, Amen. I John Courtright Jr. of Bloom Township, Fairfield County and state of Ohio, being of sound mind, memory and understanding. do make, utter, and publish this my last will and testament in manner and form as follows:

ITEM:--I give, devise and bequeath, to my dearly beloved wife, Maria Courtright in lieu of my dower in my real estate, the use of a certain tract of land with all the improvements theron, during her natural life time, situated in the County of Fairfield, in the state of Ohio, and known and distinguished by being the South east quarter of Section number twenty nine, twp number Fourteen and range number Twenty, containing One Hundred and Sixty Seven acres of land more or less.

Also the following described premises, with the improvements thereon situate in the aforesaid Twp, County, and State, and distinguished as being in Lot number Fifty in the Village or town of Lithopolis, it being the same premises on which I reside.

Also the following described premises situate in the Township, County and State aforesaid and known and distinguished by being lot number one (1) in said town of Lithopolis.

Also the followind described premises situate in the aforesaid Twp, County, and State and known and distinguished by being a certain tract of land containing three and one hundred acres of land, conveyed by deed by Lewis Oyler, reference to the said deed for description can be had.

I further give, devise and bequeath to my said wife, Maria Courtright, her heirs or assigns, on Milch Cow, the choice of all I may have at the time of my decease, All my household and kitchen furniture including everything that is used in the family, One years Support for my said wife and youngest daughter Sarah S. Courtright and feed sufficient for one cow for one year. My said wife Maria, shall perform the duties of a mother toward my said youngest daughter Sara S. and provide for her necessary support until she arrives at the age of Eighteen years or shall have married.

ITEM:---I give, devise and bequeath to the heirs of my late daughter Effa L McBindley, dec.d their heirs and assigns the following decribed premises situate in the Twp of Bloom, County of Fairfield and state of Ohio, being the same conveyed by deed to my by Henry Glick and located in Section Number Nineteen, Twp number Fourteen and range Twenty. containing one Hundred and fifty acres which I have heretofore conveyed by deed to James McBindley.

ITEM:---I give, devise and bequeath to my son Abram J. Courtright, his heirs and assigns in addition to what he has already rec’d (See receipt dated May the 3rd 1858) a tract of land situate in the County of Fairfield and state of Ohio and described as follows: Commencing at a stone at the North East corner of the North east quarter of Section number Twenty nine, Twp number Fourteen, and range number twenty, thence west for enough so to leave twenty five acres at the west end of the said quarter Section, hence South for enough so as by running on a strait line due east to the section line will contain Thirty four acres of land.

ITEM:---I give, devise and bequeath to my son Abner L. Courtright, his heirs and assigns, the following tract of land situate in the Twp of Bloom in the County of Fairfield, and the state of Ohio, and Known and described distinguished by being the East half of the South West quarter of Section number twenty eight, containing 80 acres of land more or less.

Also the East half of a certain Forty Eight acre lot of land situate in the Twp, County & State aforesaid and described as follows: being the South east part of the North West quarter of Section numer Twenty Eight,Twp number Fourteen and Range number Twenty containing Twenty four acres of land more or less, and known as the Morehart land.

ITEM:---I give, devise and bequeath to my son Ezra M. Courtright, his heirs and assigns, in addition to what he has hereto fore rec’d. the following tract of land situate in the County of Fairfield and state of Ohio and described as follows: Being the North half of the north east quarter of Section number Twenty nine, Twp number Fourteen and Range twenty, Except Thirty four acres described and bequeathed in Item to my son Abraham J. Courtright, also except Twenty five acres at the west end of said North half of said quarter Section, which is herin after bequeathed to my daughter Annis E Courtright, containing Twenty five acres more or less.

ITEM:---I give, devise and bequeath to my son Calvin W. Courtright, his heirs and assigns, in addition to what he has already received, a certain tract of land situate in the Twp of Bloom, in the County of Fairfield and State of Ohio and described as follows: Being Fifty acres of the East end of a Ninety Eight acre lot in the north part of the North West quarter of Section number Thirty three, Twp number 14 and Range twenty. Being the same Fifty acre lot purchased of David Wright by John Courtright Sen.

ITEM:---I give, devise and bequeath to my daughter Margaret A. Fribley, wife of Lewis Fribley, her heirs and assigns, the following tract of land situate in the County of Fairfield and State of Ohio and described as follows: Neing the west half of the South west quarter of Section number Twenty Eight, Twp number Fourteen and range Twenty containing eighty acres of land more or less. Also the west half of a certain Forty acre lot of land situate in the aforesaid County and State and described as follows: Being the South east part of tthe North West quarter of Section number Twenty eight, Twp number and Range Twenty, containing twenty four acres of land more or less and known as the Morehart lands.

ITEM:---I give, devise and bequeath to my daughter Annis E .Courtright, her heirs and assigns the following tract of land situate in the County of Fairfield and State of Ohio, and described as follows: Being the North part of the North East quarter of Section number thirty two, Twp number Fourteen and Range twenty, containing Fifty two acres of land more or less, Also the West end of the Ninety Eight acre lot in the north part of the North West quarter of Section number thirty three, Twp number Fourteen and Range twenty, containing Forty eight acres of land. Also a tract of land situate in the County and State aforesaid and described as follows, the West end of the North half of the and range number Twenty and bounded as follows: commencing at a stone at the half section corner, thence south with the half section line to a stone halfway across the said quarter section, thence East far enough so as by running due North to the section line will contain Twenty Five acres of land.

ITEM:---I give, devise and bequeath to my daughter Sarah J. Courtright, her heirs and assigns, after the decease of my wife Mariah Courtright, the following premises situate in the Twp of Bloom, in the County of Fairfield and State of Ohio, and described as follows: Being the South East quarter of Section number Twenty nine, Twp number Fourteen, and Range number twenty, containing one hundred and Sixty severn acres of land, more or less. It being the same tract of land bequeathed in Item to my said wife Mariah Courtright, during her natural life time.

ITEM:---As regards to the residue of my personal property, I order and direct that a fair valuation or appraisement theeof be made, as the law directs, and that the same be Sold at Public sale by my herein after mentioned executors, and the proceeds thereof together with all monies that may be coming to me at the time of my decease, as well as all monies on hand, I dispose as follows: First the payment of all just debts, My funeral expenses including the Tomb Stone costing no less than One Hundred nor more than Two Hundred dollars, and the expenses of settling my estate. Second the Residue if any, I order and direct to be equally divided between my wife Mariah Courtright, and my children, Abraham J. Courtright, Abner L. Courtright, Ezra M. Courtright, Calvin W. Courtright, Margaret A. Fribely, Annis E. Courtright, and Sara S. Courtright.

Lastly: I here by nominate executors of my last will and testament. In testimony whereof I have hereunto set my hand and seal this 14 day of January in the Year of Our Lord one Thousand eight Hundred and Seventy one.

Jno Courtright Jun------Seal

Signed and acknowledged by the said John Courtright in our presence and signed by us in his presence---Charles L. Brown & Reuben Blackwood

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THE FOLLOWING WERE LETTERS IN THE PACKAGE ALSO:

Probate Lancaster, Ohio February 15th AD 1879

To Mariah Courtright widow, A.J. Courtright, A.L. Courtright, Margaret A. Friebely, Aniece E. Hoy, Sara S. Alspach, John A. McKinley, Joseph F. McKinley, Margaret E. Glick and Allen D. Courtright, Franklin W. Courtright, Robert C. Courtright, John M. Courtright, Charles M. Courtright, Emma L. Courtright, Carrie M. Courtright, all minors, Martha A. Courtright, Della A, Courtright, Franklin Solt, John Solt, Thomas Solt, Minors all of the County of Fairfield State of Ohio.

Calvin W. Courtright of the County of Morgan, and State of Ohio. David McKinley of the County of Franklin and State of Ohio, and Jerome G. McKinley of the County of Pickaway and state of Ohio a minor and Edward McKinley of the county of Franklin State of Ohio also a minor Your are hereby notified that on the 15th day of February AD 1879 we as executors of the last will and testament of John Courtright Jr. .....filed a petition in the Probate Court of Fairfield County Ohio alleging that the personal estate of said decedant is insufficient to pay his debts and the charges of administring his estate, that he signed in fee simple of the following described real estate described as follows, commencing at the South East corner of said Section Seven thence South Six chains and Twenty four and a half links to a stake, thence West Twelve chains and Eighty one links to a stake thence North Six chains and Twenty four and a half links to a stake than East Twelve chains and Eighty one links to the place beginning containing Eighty One acres variative 1 3/4 The Widow Mariah Courtright is not entitled to dour. The prayer of this petition is for to sell said lands ??? of dower estate for the payment of the debts and charges aforesaid.

This petition will be for hearing on the 11th day of March AD 1879 at 10 o’clock AM or as soon thereafter as lien can be obtained. Signed

A.J. Courtright and A.L. Courtright Executors of John Courtright Jr.

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A.J. Courtright being Sworn Says that on the 22nd day of February AD 1879 he served the above notice upon Allen D. Courtright, Franklin W. Courtright, Robert C. Courtright, John M. Courtright, Charles M. Courtright, Emma L. Courtright, Carrie M. Courtright, Martha A. Courtright and Della A. Courtright reading to or delivering to each of the above named a correct copy thereof.-- Signed A.J. Courtright

Sworn to and Subscribed by said A.J Courtright before me this 14th day of March AD 1879 signed-S. Theodore Schaeffer Probate Judge.

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A. J. Courtright being sworn says that on the 18th day of February AD 1879, he Served the above notice upon Joseph F. McKinley, David McKinley, Edmund Mckinley, John A. McKinley & Maria Courtright, and Calvin W. Courtright by delivering to each of the above named a correct copy thereof. Except Calvin W. Courtright which was Sent by mail to his address McConnelsville Morgan Co, Ohio--Signed A. J. Courtright

Sworn to and subscribed by said A.J. Courtright before me this 14th day of March AD 1879--Signed S. Theodore Schaeffer Probate Judge

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Peter Hoy being Sworn says that on the 22nd day of February AD 1879, He served the above notice upon Franklin Solt, Thomas Solt, John Solt, Jerusha Solt, Margaret Glick, Jerome McKinley, Maggie A. Friebely, Anice Hoy, Sarah S. Alspaugh by reading to or delivering to each of the above named a correct copy thereof--Signed Peter Hoy

Sworn and subscribed by said Peter Hoy before me this 11th day of March AD 1879---Signed S. Theodore Shaeffer Probate Judge.

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Order of Appraisal and Sale

The State of Ohio Fairfield County Probate Court

To A.J. Courtright and A.L. Courtright Executors of the estate of John Courtright Jr.

Greetings

In obedience to an order and decree of the Pobate Court within and for said County made this day in a certain cause wherein you, as the Executors of the Esate of John Courtright Jr. deceased, are compliant and Mariah Courtright, widow, Margaret A. Fridley, Anise E. Hoy, Sarah S. Alspaugh, John A. McKinley, Joseph F. McKinley, Margaret A. Glick, Allen D. Courtright, Franklin W. Courtright, Robert C. Courtright, John M. Courtright, Charles M. Courtright, Emma L. Courtright, Carrie M. Courtright, Martha A. Courtright, Della A. Courtright, Franklin Solt, John Solt, Thomas Solt, Jerusha Solt, Calvin W. Courtright,, David McKinley, Edward McKinley, Jerome G. Courtright heirs of said deed are defendants, you are hereby commanded that by the oaths of Mannasseh Glick, John Sitterly and Isaac Hoy and Judicious are disinterested men of the vacinity and upon actual view of the Premises you cause a Just valuation and appraisement to be made, and that when so appraised you will sell the samethan not less than its appraised value, and if yu fail to sell at private sale, You then cause the sale to be advertisde and sold at public auction on the premises according to law, for not less than two thirds of their appraised value the following premisses to wit.

Being a part of the North East quarter of Section No. 7 Township No 14, Range No 20 bounded and described as follows.

Commencing at the South East of said Section Seven, thence South Six chains and twenty four and one half links to a stake, thence West Twelve chains and Eighty one links to a stake and thence North Six chains and 24 and 1 half links to a stake, then East Twelve chains and Eighty links to the place beginning containing Eighty acres variation 1 and three fourths. Said sale to be upon the following terms to wit, one half cash and the other half in twelve months the deferred payment to bear interest from the date of the sale and to be secured by mortgage on said premises. And be it further ordered that you make return of your proceedings forthwith upon the execution of this order.

Witness my Signature and the seal of said Probate Court this 11th day of March A.D. 1879-Signed S. Theodore Shaeffer Probate Judge

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To the Probate Court of Fairfield County in obedience to the fore going order we have caused an appraisement to made of the premises therein described as well ?? fully appear by the proceedings hereto assessed. In obedience to the foregoing order after first duly sworn and upon actual view of and the premises in the foregoing described we the undersigned appraisers estimate the value of said Real Estate at Four Hundred Fifty Dollars.

Signed Isaac Hoy, John Sitterly, Mannassah Glick--Appraisers.

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The State of Ohio, Fairfield County

On the 14th day of March AD 1879 before me personnaly appraiser Isaac Hoy, John Sitterly and Manassah Glick within ???ed and made Solemn oath that they would upon actual honjestly and impartially appraise the real Estate of John Courtrigh Jr deceased and persuance of the foregoing order

Sworn to and subscribed before me this 14th day of March A.D. 1879

O S Seely ?? Mayor of Lithopolis O.

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There were other small document and receipts in the package which can been seen at the Fairfield County Courthouse in storage as the Case number stated in the opening of the various documents..C.A. McKinley

 

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