Robert D. McKelvey, Jr. Genealogy, Ancestry, and History Page 701

John McKelvey's Transcribed Will

Printed Arial Format, Standard English Format

No. 1365 John McKelvey
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The State of Ohio, Holmes County, ss.
Pleas enrolled in the Probate Court held at the office of the Probate Judge at Millersburg, O. July 3d 1911.
Among the proceedings of the Court on said day were the following:
In the Matter of the Last Will and codicil thereto of John McKelvey
The last Will and testament and codicil thereto of John McKelvey, deceased, late of this
County, was this day presented to the Court for probate and record; and it appearing
to the Court that all the next of kin of said decedent, residents of Ohio, have been duly
notified of the presentation of said Will and codicil for probate: thereupon D.R. Welkers
one of the subscribing witnesses to said will, and Newton Stilwell one of the subscribing
witnesses to said codicil, appeared in open court, and were duly sworn and examined
according to law, and their testimony theron was reduced to writing and filed: and
it appearing that John M. Ling one of the subscribing witnesses to said will has gone
to parts unknown, thereupon D.R. Welker and Wm. Ling appeared in open Court,
and were duly sworn and examined according to law, touching the genuineness of
the signature of said John M. Ling attached to said will, and their testimony
thereon was reduced to writing and filed. The commission heretofore issued herein to
take testimony of Wayne Collier one of the subscribing witnesses to said codicil,
was this day returned duly executed. And it appearing to the Court from the testimony
so taken that said will and codicil thereto were duly executed and attested, and that
at the time of executing the same, the said testator was of full age, and of sound mind
and memory, and not under any restraint, the Court now admit said Will and codicil
to probate, and order the same, together with the testimony so taken to be recorded,
according to the statute in such cases made and provided
R.W.Taneyhill, Probate Judge

WILL

Killbuck, O. March 21, 1898
Last Will and Testament of John McKelvey.
I John McKelvey resident of Killbuck Township Holmes County and State of Ohio, Being
of sound mind and lawful age do make and publish in the Name of the Benevolent
Father of All this my last will and testament

Item 1

I hereby give and devise to my Son Robert McKelvey Resident of Coshocton County, Ohio
The Sum of Four Hundred Dollars. To be paid out of my estate as follows, to wit:
Two hundred dollars to be paid two years after my death and Two Hundred Dollars
to be paid three years after my death said amount to bear no interest until due

Item 2

I give and devise to my Son David McKelvey Resident of Holmes County and State
of Ohio the Sum of Four Hundred and Fifty eight Dollars. To be paid out of my
estate as follows, to wit: Two Hundred and Twenty nine Dollars to be paid four
years after date of my death and Two Hundred and Twenty nine Dollars to be
paid Five years after date of my death, the said amount to draw no
interest until due.

Item 3

I give and devise to my Son William McKelvey Resident of Holmes County Ohio The
Sum of Twenty Dollars to be paid out of my estate after my death and the same
shall have bear duly settled to law.

Item 4

I hereby give and devise to my Daughter Mary Sondles (Ne. Mary McKelvey),
Resident of Coffe County, Kansas, The Sum of Three Hundred Dollars, to be paid
out of my estate after my death as follows, to wit: Said Three Hundred Dollars to be paid
six years after date of my death the same to bear or draw no interest

Item 5

I give and devise to my daughter Annie Stills (Ne. Annie McKelvey) The Sum of
Five Hundred Dollars to be paid out of my estate after my death to be paid as
follows, to wit: To be paid in full seven years after date of my death
the same to draw no interest.

Item 6

I give and devise to my daughter Lillie Ross (Ne. Lillie McKelvey) The Sum of
Five Hundred Dollars to be paid out of my estate after my death to be paid as
follows, to wit: Said five hundred dollars To be paid in full eight years after my death
without interest.

Item 7

I give and grant to my Son Alexander McKelvey Resident of Killbuck Township
Holmes County and State of Ohio, All my real estate that I own or posess
at date of my death all further grant will and devise to him all my personal
estate of every description that I may own at date of my death upon
the condtions following, to wit: That the said Alexander McKelvey is to pay
out of my said estate the amounts above devised to my sons David McKevey,
Robert Mckelvey & William McKelvey and my daughters Mary Sondles, Annie Stills,
and Lillie Ross. Also that he pay all my honest and just debts if any with
my doctor bills and funeral expenses.

Item 8

It is further devised by me that in case that any of the above said heirs and
children do not comply with and take under the provisions of my above said
Will that the amount to them therin given shall be given to my Son Alexander
and that the said heir or heirs so dissatisfied shall not have nothing.

Item 9

I hereby nominate and appoint my Son Alexander McKelvey Administrator
of this my last will and testament and authorize and empower him to settle
the same without process of law.

Item 10

I hereby revoke and cancel any and all former wills by me made
in Testimony hereof I have hereunto set my hand and seal this 21st day of
March A.D. 1898
attest to mark
his
Jno M Ling
John X McKelvey
mark

Signed and acknowledged by said John McKelvey as his last will and testament
in our presence and signed by us in his presence.

D.R. Welker
John M. Ling


Codicil

Whereas on the 21st day of March A. D. 1898 I made the above my last will and
testament, therefore I now desire by this codicil to modify the same as follows:
The five hundred dollars mentioned in item 5 of my will to be paid to Anna
Stills. I desire and will shall not be paid for the reason that I since said date
and before her death advanced her the $500.00 and took a receipt therefore of date
October 12, 1898 and said amount is to go to the benefit of my son Alexander
McKelvey as if mentioned in Item 7 of my said will
I hereby nominate and appoint my son Alexander McKelvey Executor of my
will and codicil. In testimony wherof I hereby set my hand this 28th day
of March A. D. 1901

his
John X McKelvey
mark

Signed by John McKelvey in our presence and acknowledged by him to be a codicil
to his last will and testament in our presence and signed by us in his presence.

Newton Stilwell
Wayne Collier

The State of Ohio, Holmes County, ss. In Probate Court.
I, D. R. Welker being duly sworn in open Court, this 3d day of July A.D. 1911
depose and say, that I was present at the execution of the Last Will and Testament
of John McKelvey hereto annexed; that I saw the said testator subscribe said will,
and heard him publish and declare the same to be his Last Will and Testament
and that the said testator at the time of executing the same was of full age, and
of sound mind and memory, and not under any restraint; and that I signed
the same as witness at his request, and in his presence, and in the presence of
each other.

D. R. Welker

Sworn to, and subscribed before me in open Court, this 3d day of July A.D. 1911

R. J. Taneyhill, Probate Judge

The State of Ohio, Holmes county, ss. In Probate Court
Personally appeared in open Court D. R. Welker and William Ling who being
first duly sworn to testify the truth, the whole truth, and nothing but the truth,
in the matter of the Will of John McKelvey deceased depose and say; that Jno M.
Ling whose name appears as one of the subscribing witnesses to the last will and testament
of John McKelvey, deceased, hereunto annexed, has, since the dates of said will, Mch
8, 1898, removed from this county, that we are each of us well acquainted with the
handwriting and signature of said witness, and that the signature of said
Jno. M. Ling purporting to be his, as one of the subscribing witnesses to said will
is the true and genuine signature of the said witness Jno. M. Ling

D. R. Welker
William Ling

Sworn to before and signed in my presence, in open court, this 3d day of July 1911.

R. W. Taneyhill, Probate Judge

The State of Ohio, Holmes County, ss. In Probate Court
I, Newton Stilwell, being duly sworn in open Court, this 3d day of July A.D. 1911,
depose and say, that I was present at the execution of the codicil to the last will and
testament of John McKelvey herto annexed; that I saw the said testator subscribe said
codicil and heard him publish and declare the same to be his codicil to his last Will
and Testament, and the the said testator at the time of executing the same was of full
age, and of sound mind and memory, and not under any restraint; and that I
signed the same as witness, at his request, and in his presence, and in the presence of each other.

Newton Stilwell

Sworn to, and subscribed before me in open Court, this 3d day of July A.D. 1911

R. W. Taneyhill, Probate Judge

Commission to take deposition of witness. Probate Court, Holmes County, Ohio
In the Matter of the Codicil to the Will of John McKelvey, deceased.
To R. L Taneyhill Greeting: You have been duly appointed by the Probate Court of
said County to take the deposition of Wayne Collier subscribing witness to the
Codicil to the last will and testament of John McKelvey late of the County of Holmes
in the State of Ohio, deceased, hereto annexed. You will therefore cause the said Wayne
Collier to come before you at a certain time and place, and then and there examine him
on oath or affirmation first taken before you, touching the due execution of said Codicil
to the Will of the said John McKelvey, deceased, and return such Deposition, together
with this Commission and said will thereto annexed, closed up under seal to said
Probate Court, with all convenient speed.
In testimony Whereof, I have hereunto set my hand and affixed the Seal of said
Court at Millersburg, Ohio, this 19th day June A.D. 1911
Seal

R.W.Taneyhill, Judge and Ex-Officio Clerk of the Probate Court

Deposition of Witness

Probate Court, Homes County, Ohio.
In the Matter of the Codicil to the Will of John Mckelvey, Deceased,
Deposition of Wayne Collier subscribing witness to the Codicil to the last will
and testament of John McKelvey, deceased, late of the County of Holmes; State of Ohio, in
said matter pending in the said Probate Court, taken before me a Commissioner appointed by
said Court, pursuant to the annexed Commission on the the 23 day of June, 1911, at
Newark, Ohio.
Said Wayne Collier, of lawful age, being by me first duly sworn, as herein after certified,
deposed, and says: That he was present at the execution of the instrument
of writing now before him, bearing date the 28th day of March, 1901, purporting
to be the Codicil to the last will and testament of John McKelvey, deceased: that he
subscribed his name thereto as witness, at the request of said testator and in his presence;
that he saw the said testator sign said instrument at the end therof, and heard him
acknowledge the same to be his Codicil to his last will and testament, and that said
John McKelvey at the time of executing the same was of full age and of sound mind and
memory, and not under any restraint.

Wayne Collier

The State of Ohio, Licking County, ss.
I, R.L. Taneyhill duly appointed and commissioned by the Probate Court of the County
of Holmes and State of Ohio, to take the deposition of Wayne Collier subscribing witness
to the codicil to the last will and testament of John McKelvey, deceased, late of Holmes
County, State of Ohio, which Commission and the said Will are hereto annexed, do
hereby certify that in pursuant of said Commission I caused the above named
Wayne Collier subscribing witness as aforesaid, to appear before me at the time and place
above mentioned; that he was by me first duly sworn to testify the
truth, the whole truth, and nothing but the truth, in relation to the execution of said
Codicil to said Will, and that the deposition by him subscribied, as above set
forth, was reduced to writing by R.L. Taneyhill and, also, so written in the
presence of said witness aforenamed, and was subscribed by the said witness
in my presence, and I further certify that I am not counsel, attorney or relative
of any of the parties named in said Codicil to said will, or otherwise
interested in the Probate thereof.
In witness whereof I have hereunto set my hand, this 23 day of June 1911.

R. L. Taneyhill, Commissioner

copy of receipt Millersburg, Ohio, Nov. 24th, 1911 We, the undersigned, heirs, and
legates under the Will of John McKelvey, deceased, have received from Alexander McKelvey,
the several respective amounts in full, bequeathed to us, which we have this day received
by way of settlement between all the parties under said will, and to the estate said will
is recorded in Volume 5 Page 226, 227, 228, 229 of Will Records of Holmes County, Ohio
Robert McKelvey, David McKelvey, William McKelvey, Mary Sondles, Lillie Ross




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