This is a copy of the Last Will and Testament of James Hearne from the Hamilton County Court House. I transcribed it exactly as written, spelling, lack of punctuation and paragraphs.
It appearing to the Probate Court that on the 6th day of December A.D. 1823 the last will
and testament of James Hearne deceased, was duly admitted for Probate and Record in
the Court of Common Pleas of Hamilton County Ohio, and the Record of said Will was
afterwards by law transferred to the Probate Court of said County and that the original
Record of said Will was destroyed in the burning of the Court House on March 29th A.D.
1884 but that the original Will together with the endorsement thereon and the Probate
thereof upon the Journal of said Court were preserved. It is now ordered by the Probate
Court on it’s own motion that the Record of said Will be and the same is hereby restored
from said original Will endorsement and Probate as provided by Statute in the words and
figures to wit:
The State of Ohio Hamilton County S.S. Hamilton Common Pleas. Be it
remembered that on the day and year aforesaid the last Will and Testament of James
Hearne late of this County deceased was presented to the Court for Probate and Record
clothed in the words and figures following to wit:
In the name of God amen I James Hearne of the Township of Green County of Hamilton
and State of Ohio, Farmer, being sick and weak in body but of perfect mind memory and
understanding calling unto mind the mortality of my body and knowing that it is
appointed for all men once to die do make and ordain this my last will and testament in
manner and form following First I give and bequeath unto my dearly beloved wife my
landed estate with the profits thereof as long as she remains my widow and also all my
horses all my cows or other horned cattle all my sheep all my hogs all my farming
utentials viz ploughs harrows hoes axes iron traces collars haines back bands & together
with all the household and kitchen furniture such as beds and bedding chairs all the pot
mettle and all other cooking utentials & she paying the following money legacies
expenses of funeral and other incidental expenses Second I give and bequeath unto my
son Joshua Hearne five dollars Third I give and bequeath unto my son Moses Hearne five
dollars Fourth I give and bequeath unto my son Jesse Hearne five dollars Fifth I give and
bequeath unto my son Beverly A. Hearne five dollars Sixth I give and bequeath unto my
son James Hearne the use of my waggon jointly with my wife and my son Stephen in the
lifetime of my wife and at her death or marriage the waggon to belong to James and
Stephen jointly also my clock at my wife’s decease or marriage my double tricker gun to
belong to James Hearne Seventh I give and bequeath unto my son Isaac Hearne twenty
five dollars also my single tricker riffle gun Eighth I give and bequeath unto Stephen M.
Hearne all my landed property at the death or marriage of my wife, also a mare a saddle
and bridle which is at present called his also the use of my waggon jointly with his
mother and brother James Ninth I give and bequeath unto my daughter Elizabeth Stouton
five dollars unto my daughter Sanrina Scuddle five dollars unto my daughter Nancy
Miller five dollars unto my daughter Meneter Stouton five dollars Tenth I also give and
bequeath unto my wife the use of my waggon jointly with my son James and Stephen
also all my grain which has come to perfection and all that is growing in the ground all
my geese and fowls of all kinds lastly I do also constitute my son James Hearne to be the
executor of this my last will and Testament and I do hereby disallow revoke and disanul
all and every other wills and testaments legacies and bequests be me made at any former
time confirming this my last will and testament and no other In witness whereof I have
hereunto set my hand and seal this third day of October in the year of our Lord one
thousand eight hundred and twenty three James Hearne (seal)
Signed Sealed published pronounced and declared by the said James Hearne as his last
will and testament in the presence of us who in his presence and the presence of each
other have hereunto set our names as Witnesses Arthur Orr Stephen Rybott Archibald his
X mark Crowell Thereupon on the same day Arthur Orr Stephen Rybott Archibald
Crowell the subscribing witnesses of the Last and Testament of James Hearne deceased,
personally appeared in open Court and were duly sworn and examined according to law
touching the due execution of said Will as appears from the endorsement as follows to
wit: proven by oath of all the subscribing witnesses Ex r sworn Danl Gano Clk now here
to wit on the same day our said Court made an order herein as follows The Last Will and
Testament of James Hearne dec’d presented and proven by the subscribing Witnesses to
the same Court being satisfied with the proof Admit Will of record It is further ordered
by the Court that said Will and the Probate thereof be re-recorded and same is now done
and that said Record have the same force and effect as same original Record
Herman Goebel
Probate Judge