Pleas held before the Honorable A Fishback president Judge of the tenth district
Circuit Court of the State of Ohio and Samuel Hill, George McMahanand Elijah Larkin, Esquire,
assistant Judges of the Court of Common Pleas at the Court House in the town of Batavia for
the County of Clermont at the term of November in the year AD 1842.
The last will and testament of Jesse Smith, Sr. of this County dec'd was this day brought before
the Court and was proved by the oaths of Jesse Whitsit and David Bawlby two of the witnesses
thereto whose examinations were ordered to writing and it appearing to the satisfaction of this
Court that the said Jesse Smith at the said time of executing said will was of full age and of sound
of mind and memory and not under any restraint. It is ordered that said will and the proof so ordered
to writing be recorded.
Will to wit:
In the name of the Benevolent Father of all, I, Jesse Smith Sen. of the County of Clermont Ohio
do make and publish this my last will & testament. Item 1st: I give and devise to my son Jesse Smith, Jr. all that certain farm whereon I now reside
situate in Goshen township and County and State aforesaid on condition that he pays to his Brothers
and Sisters the sum of one thousand dollars in three years from the time of my decease in manner following. To wit: One fourth part to my son Josiah, one fourth part to my son Garret, one fourth part to my
daughter Sarah Sever and one fourth part to my daughter Lydia Smith. Item 2nd: I devise and bequeath all my money and personal property at the time of my decease after
paying my just debts and burial expenses) as follows, to wit: one fourth part to my son Josiah, one fourth
part to my son Garret, one fourth paid to my daughter Sarah Sever and one fourth part to my daughter Lydia Smith. Item 3rd: To my son George C. Smith who has already had his portion, I give and bequeath the sum
of one dollar. I do hereby revoke all former wills by me made.
In Testimony whereof I have hereunto set my hand and seal this seventh day of April in the year 1842.
Jesse Smith {Seal}
Signed and acknowledged by said Jesse Smith as his last will and testament in our presence and
signed by us in his presence.
Jesse Whitsit David Bawlby
Proof to wit:
Clermont Com. Pleas, Personally appeared in open Court Jesse Whitsit and David Bawlby the
subscribing witnesses to the last will and testament (Now produced here in Court) of Jesse Smith dec'd
late of said county who being duly sworn depose and say that they saw said Jesse Smith dec'd
sign said will & testament & there heard him declare the same to be his last will and testament, said
deponents signed said will as subscribing witnesses thereto in the presence of said Jesse Smith dec'd
and at his request, they further say that said Jesse Smith dec'd at the time he executed & acknowledged
said will was over 21 years of age of sound mind & memory and not under any restraint.
Jesse Whitsit David Bawlby
Sworn to and subscribed in open Court Nov 1st 1842.
Attest JD Mims. Clk.
And thereupon no Executor being named in said will, on motion of Josiah Smith by his council, it was
ordered that Letters of Administration be issued.