Posted on: Guernsey Co. OH Wills Reply Here: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Oh/GuernseyWill/32 Surname: McCulley, McMullen, Stiles, Spears, Robinson, Wallace ------------------------- This is the will of my 4th great grandfather, James McCulley. His wife, Elizabeth preceded him in death on March 18, 1863. They are both buried in Pleasant Hill Cem, Guernsey County, Ohio. Their son, Gilbert is my line. James McCulleys Will In the name of the Benevolent Father of all, I , James McCulley of Liberty Township, Guernsey County, State of Ohio, Taking into consideration the Shortness of life and the certainty of death, and being now of sound and disposing mind, Do publish this my last Will and Testament. Item 1st, I give and bequeath to my son Gilbert McCulley One Dollar. Item 2nd, I give and bequeath to my Daughter Margaret McMullen Ten Dollars Item 3rd, I give and bequeath to my Daughter Catherine Stiles Ten Dollars Item 4th, I give and bequeath to my daughter Elizabeth Spears Ten Dollars, on Bed and bedding Item 5th, I give and bequeath Sarah Robinson Ten Dollars [note: this is his daughter too] Item 6th, I give and bequeath to my daughter Matilda Wallace Ten Dollars Item 7th, I give and bequeath to my daughter Rosannah McCulley Fifteen Dollars Item 8th, I give and bequeath to my son, John McCulley, the farm on which I now live it being the East half of the South East quarter of Section eleven in Township Three of Range Three of the unapropriated lands in the Military district containing Eighty acres of lands directed to be sold at Zanesville, Ohio. Also Eighteen acres Two Roads and nineteen and 40/100 perches it being a part of the South west quarter of the North East quarter of Section eleven, Township three of Range Three more particularily described in a Deed made to me by Joseph McMullen dated the 7th day of April in the year AD 1843. Item 9th, I give and bequeath to my son, John McCulley all the remainders of my Personal Stock and Household goods. He assuming the payment all the above mentioned Legacies. Item 10th, I give and bequeath to the Church of Christ, Five dollars per year so long as any Minister of the Reformed Presbyterian Church preaches in this corner of his vineyard to be paid from the proceeds of my real property. Item 11th, I do hereby nominate my son, John McCulley and Robert Spears, Executors of this my last will and testament, hereby authorizing and empowering them to compromise, adjust, release and discharge in such manner as they may deem proper the debts and claims due me. In testimony where of I have hereunto set my hand and seal this first day of July AD 1863. \\signed\\ James McCulley Signed and acknowledged by said James McCulley as his last Will and Testament in our presence and signed by us in his presence. \\signed\\ A. Armstrong \\signed\\ Elihu Colley The State of Ohio Guernsey County SS I Abraham Armstrong being duly sworn in open court this 17th day of December AD 1869, depose and say that I was present at the execution of the last will and testament of James McCulley deceased here unto 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, of sound mind and memory, and not under any restraint and that I signed the same as witness at this request and in his presence and in the presence of the other subscribing witness. \\signed\\ A. Armstrong. Sworn to and subscribed before me this day and year aforesaid \\signed\\ Joseph Johnson, Probate Judge In the Matter of the last will of James McCulley } The State of Ohio, Guernsey County ss} Probate Court December 19th AD 1869 The last will and testament of James McCulley deceased late of Jefferson Township, Guernsey County, Ohio was this day produced in Court for probate and at the same time personally appeared Abraham Armstrong one of the subscribing witnesses to said will, who being first duly sworn in open Court on oath testified touching the due execution of said will which said testimony was by the Court reduced to writing and by the said witness subscribed and was filed with said will. \\signed\\ Joseph Johnson, Probate Judge In the Matter of James McCulley Will } The State of Ohio, Guernsey County. ss.} Probate Court, February 15th AD 1870 On motion and it appearing to the satisfaction of the Court that Elihu Colley one of the subscribing witnesses to said will resides out of the jurisdiction of this Court. It is thereupon ordered by the Court that a commission issue with the will annexed to take the testimony of the said Elihu Colley touching the due execution of said will to directed to Michael McCulley of Trenton, Grundy County, Missouri who may execute the same according to the Statute in such case made and provided. \\signed\\ Wm S. Dougherty, Probate Judge Commission to take testimony of witness to will } The State of Ohio, Guernsey County ss } To Michael McCulley, Greeting. Know ye that we in confidence of your prudence and fidelity have appointed you and by these presents do give you full power and authority to examine and take the deposition of Elihu Colley, a subscribing witness to the last will and testament of James McCulley, hereunto annexed late of the County of Guernsey in the State of Ohio, deceased and therefore we command you at certain days and places appointed by you, you cause the said Elihu Colley to be brought before you and then and there to examine him on oath or affirmation first taken before you touching the due execution of said will of the said James McCulley, deceased, and that you reduce such examination to writing and return the same together with this commission and the will of the said James McCulley deceased thereto annexed closed up under your seal into our said Probate Court with all convenient speed. In testimony whereof, I William S. Dougherty, Judge of said Court have hereunto set my hand and affixed the seal of the said Court at Cambridge, Ohio, this 13th day of February AD 1870 \\signed\\ Wm. S. Dougherty, Probate Judge State of Missouri County of Grundy ss} Michael McCulley appointed a commissioner to take the testimony of witness will of James McCulley in pursuance of a commission for that purpose issued by the Probate Judge of Guernsey County in the State of Ohio, on his oath states that he will faithfully execute the trust and perform the duties required in said commission hereto annexed. \\signed\\ Michael McCulley Subscribed and sworn to before the undersigned Judge of the Probate Court of Grundy County, Missouri, witness my signature and seal of said Court this 18th day of April AD 1870 \\signed\\ A. H. Baukholder, Probate Judge To William S. Dougherty, Probate Judge, within and for the County of Guernsey and State of Ohio, the undersigned commissioner appointed by said Court pursuant to the command of the written commission to me directed report that having been duly sworn to faithfully execute and perform the duties required by command of the said commission in persuant thereof, I hereby certify that on the 18th day of April AD 1870, personally appeared before me at the Probate Judges Office in the County of Grundy and State of Missouri, Elihu Coffey, a citizen of the County and State last named and now resident therein who being duly sworn by me deposes and says that he was present at the execution of the last will and testament of James McCulley deceased and which will is hereto annexed that he saw 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 he signed the same at his request as a witness and in his presence and in the presence of the other subscribing witness. \\signed\\ Elihu Colley Sworn to and subscribed before me the day and year first above written as witness my hand and seal of said date \\signed\\ Michael McCulley, Commissioner In the Matter of James McCulleys Will} The State of Ohio, Guernsey County ss } Probate Court, April 28th AD 1870 The commission heretofore issued from this Court with the last will and testament of James McCulley deceased annexed to take the deposition of Elihu Colley one of the subscribing witnesses thereto was this day produced in court and filed and it appearing to the satisfaction of the court as well by the testimony of the said Elihu Colley as also by the testimony of Abraham Armstrong the other subscribing witness to said will heretofore taken in open court and reduced to writing and signed by the said Abraham Armstrong and also filed with said will that the said will was duly executed and attested and that the said testator at the time of executing the same was of full age, of sound mind and memory, and not any restraint. It is thereupon ordered by the Court that said will be and hereby is admitted to probate and the same together with the testimony and the entries of probate be recorded. \\signed\\ William S. Dougherty, Probate Judge