No. 1628 Robert L. McKelvey
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Probate Court Holmes county Ohio
No. 1628 May 31" 1921
In the matter of the will
of Admitting To Probate
Robert L. McKelvey dcs'd January 13, Page 9
The Comission heretofore issued herein to take the testimony of
Wallace H. Buker, one of the subscribing witnesses to the will
of said Robert L. McKelvey, deceased, was this day returned duly
executed, and it oppearing to the court that the widow of siad
descendant adn all the next of kin residents of Ohio, have been
duly notified of the presentation of said will for Probate, there-
upon this day cause P. Hilton Buker the other subscribing
witness to said will, in open court, and was duly sworn and
examined according to Law, and his Testimony was reduced
to writing and filed.
And if is appearing to the Court from the Testimony as Taken, that
said will was duly executed and attested and that at the time of
Executing the same the Testator was of full age and of sound
mind and memory and not under any restraint, The Court
now admit said will to Probate, and under the same, together
with the Testimony so Taken, To be recorded according to Law.
Chas A.l Estill
Probate Judge
WILL
In the name of the Benevolent Father of all:
I, Robert L. McKelvey of the village of Killbuck, Holmes County,
Ohio, do make and publish this my last will and testament.
First my will is that all my just debts and funeral expenses
be paid out of my estate, as soon after my decease as may
be found convenient.
Second-I give to my son, Newton McKelvey the sum of
$1000.00 in notes that I hold against the property
sold to my sons Earl McKelvey and Charles McKelvey.
Third-I give to my son Earl McKelvey the sum of $500.00
which-he shall receive in the form of the cancellation of
notes I hold against him.
Fourth-I give to my son Charles McKelvey the sum of
$500.00 which he shall receive in the form of the
cancellation of notes I hold against him.
(The two last above bequests are given for the reason
that I feel they paid that amount more than the ture
value of the farms I sold to them.}
Fifth-The farm I now own, known as the Tod Letherow
farm shall be sold as soon as may be found
convenient, by my executors, to the highest bidder or
to the best advantage and the proceeds to be divided as
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follows:
To my son-Ellsworth McKelvey the sum of $800.00
To my daughter Pearl Layland the sum of $800.00
To my daughter Bessie Orr the sum of $800.00
To each of my four grandchildren of the daughter,
Celia Layland, the sum of $200.00 each.
The blanace, if any, received from the sale of said farm
shall become the property of my estate.
In addition to the above sum of $800.00 which is to be
given Ellsworth McKelvey, I give him all notes I now
hold against him.
I direct that my executors shall purchase and have
erected a suitable monument for myself and wife on
our cemetery lot, to cost not to exceed $300.00
The balance of my estate shall be disposed of as follows:
My wife, Loretta McKelvey to have the use of the property
now occupied by me in Killbuck, Ohio during her life
time, or if she should find that it not convenient for
her to keep the same property, my executors may sell said
property but from the proceeds there from shall be purchased
another suitable home for my wife. From any money or
credit or personal property owned by me at my death
or which may be due me my executors shall give and pay
to my wife such amounts as may need for her own use
during her life. At her death, after the payments
of any and all expenses incident to the death of my
wife, the balance, of my estate shall be equally
divided among the following, Newton McKelvey,
Charles McKelvey, Earl McKelvey, Pearl Layland,
Bessie Orr, Ellsworth McKelvey, and one fourth of
their mothers interest to each of the four children
of my daughter, Celia Layland.
The above bequests to the four children of Celia Layland,
are to be held by my executors and paid to them as
they respectively become of age.
I hereby appoint my executors purchase and erect a
marker or monument at the grave of my daughter
Celia Layland, at a cost of $100.00 which amount
is to be deducted from the amount due her children
provided her husband has not erected any monument
for her.
I hereby revoke all other wills by me heretofore made.
In testimony whereof, I hereunto subscribing my name
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at Killbuck, Ohio. this 2nd day of April, 1921.
Robert L. McKelvey
The foregoing instrument was signed at the end thereof,
by the said Robert L. McKelvey, in our presence and we
heard him acknowledge the same as his last will and
testament, and at his request and in his presence, we
hereunto respectively subscribe our names as attesting
witnesses at Killbuck, Ohio, this 2nd day of April 1921
Wallace H. Burker of Killbuck
S. Hilton Buker of Killbuck, Ohio
Deposition of Witness to Will
Probate Court Holmes County, Ohio
In the Matter of the Will
of
Robert L. McKelvey, deceased
Deposition of Wallace H. Buker subscribing witness to the
last Will and Testament of Robert L. 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 siad Court, pursuant to the annexed Commission,
on the 10th day of May, 1921, at Columbus, Ohio.
Wallace H. Buker, of lawful age, being by me first
duly sworn, as herinafter certified, deposes and says,
That he was present at the execution of the instrument of
writing now before him, bearing date the 2nd day of April
1921, purporting to be the last Will and Testament of Robert
L. McKelvey deceased; that he subscribed his name thereto
as witness, at the request or said Testator and in his
presence; that he saw said Testator sign said instrument
at the end thereof, and heard him acknowledge the same
to be his Will, and that said Robert L. McKelvey at the time
of executing the same was of full age, and of sound mind
and memory, and not under any restraint.
Wallace H. Buker
The State of Ohio Franklin County, ss.
I, Homer J. Bostwick, duly appointed and commissioned
by the Probate court of the County of Holmes, and the State
of Ohio, to take the deposition of Wallace Buker subscribing
witness to the last Will and Testament of Robert L. McKelvey
deceased, late of Holmes County, State of Ohio, which Commission
and the siad Will are hereto annexed, do hereby certify that
in pursuance of said commission I caused. The above named
Wallace H. Buker, subscribing witness as aforesaid, to appear
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
Will, and that the deposition by him subscribed, as above
set forth, was reduced to writing by my clerk and, also, so
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written in the presence of the witness aforenamed, and was
subscribied 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 Will, or otherwise interested
in the Probate thereof.
In Witness Whereof, I have hereunto set my hand, this
10th day of May 1921.
Homer J. Bozwick
Commissioner
Testimony of Witnesses
The State of Ohio, Holmes County, ss.
Personally appeared in open court S. Hilton Buker who
being first duly swron to testify the truth, the whole truth
and nothing but the truth, in relation to the execution of
the Last Will and Testament of Robert L. McKelvey deceased,
depose and say: he was present at the execution of the instrument
of writing now before him bearing date the 2nd day of
April 1920, purporting to be the Last Will and Testament
of Robert L. McKelvey deceased, that he subscribed
his name thereto as witnesses at the request of said Testator
and in his presence; that they saw said Testator sign
said instrument at the end thereof, and heard him
acknowledge the same to be his Will, and that said
Robert L. Mckelvey at the time of executing the same
was of full age, and of sound mind and memory, and
not under any restraint.
S. Hilton Buker
Sworn to before me and signed in my presence by
said witnesses in open Court, this 31 day of May 1921.
Chas. A. Estill
Probate Judge
Probate Court Holmes County, Ohio Aug 30, 1921
In the matter of the Will No. 1628
of
Robert L. Mckelvey, dec'd Jounral 13 page 33
This day Loretta McKelvey widow of said Robert L. McKelvey
deceased, appeared in open Court and made application to take
upon the will of said decedent. And the Court having explained
to her the provisions of said will, the rights under it, and by
law in the event of a refusal to take upon the will: said
Loretta McKelvey widow thereupon elected to take upon
said will. It is ordered that this proceeding be recorded.
Chas. A. Estill
Probate Judge