Posted on: Guernsey Co. OH Wills Board URL: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Oh/GuernseyWill?read=30 Surname: NEEL, NEAL, ARNEAL, GILHAM, MAHARRY, BEAL ------------------------- Asberry Neel's Will In the name of the Benevolent Father of all: I, Asberry Neal Sr. of the County of Guernsey and State of Ohio being of sound mind and memory do publish this my last will and testament. Item 1st: It is my will that my just debts and all charges be paid out of my estate. Item 2d: I give and devise to my beloved wife Jane V. Neal Six hundred dollars in lieu of her dower and homestead Rights in my Real estate also one sorl mair and two spoted cows and all household goods and furniture. Item 3rd: I give and devise to my sons and daughters Sarah E. Arneal, William Neal, the heirs of John Neal deceased, Martha A. Gilham, Eliza R. Maharry, A.J. Neal, Miram A. Beal and Oscar W. Neal all my remaining estate to be divided equally share and share alike, the advancements or other indebtedness of any of said heirs to be first deducted from their severl shairs. Item 4th: I do hereby nominate and appoint John Neal Executor of this my last will and testament hereby authorizing and impowering him to compromise adjust release and discharge debts and claims due me. I do also authorize and impower him to sell by private sale or in such other manner upon such terms of credit or otherwise as he may think proper all my real estate and make deeds to purchasers to execute acknowledge and delivir in fee simple. Whereas I Asberry Neal on this 15th day of September 1895 made my last will and testament on this day do hereby declare the following to be a codicile to the same. I do hereby bequeath to my two Granddaughters Tolenia and Ida Maharry fifty dollars each also my Grandson Scott Neal fifty dollars. In testamony here of I have hereunto set my hand and seal this 15 day of Sept. A.D. 1895. Asberry Neal {SEAL} Signed and acknowledged by said Asberry Neal as his last will and testament in our presence: and signed by us in his presence by his request. James Warnick D.F. Branigar Application for Probate of Will The State of Ohio} Guernsey County ss} In Probate Court Last Will and Testament of Asberry Neel Deceased} Application to Admit to Probate To the Hon. James A. Weyer Judge of the Probate Court in and for said County: Your petitioner respectfully represents that Asberry Neel late a resident of the Township of Monroe in said County died on or about the 20 day of March A.D. 1899 leaving an instrument in writing hereto attached purporting to be his last Will and testament: That the said Asberry Neel died leaving Jane V. Neel his widow and the following named persons his only next of kin Name - Degree of Kinship - P.O. Address Sarah E. Arneal - Daughter - Sugartree, Ohio William W. Neel - Son - Iowa Martha A. Gilham - Daughter - Belmont Co, Ohio Eliza R. Maharry - Daughter - Kansas A.J. Neal - Son - Neb Miram A. Beal - Daughter - Milnersville, O. Oscar W. Neel - Son - North Platt, Neb. Heirs of John Neel - Grandchildren Your petioner prays that a time may be fixed for the proving of said Will and that said above named persons may be notified according to law of the pending of said proceedings. John Neel The foregoing application was signed in my presence and sworn to before me this 30 day of March A.D. 1899. James A. Weyer, Probate Judge In the matter of the Will} Of Asberry Neel Deceased } Guernsey County Ohio Probate Court March 30th 1899 This day an instrument of writing purporting to be the last Will and Testament of Asberry Neel late of Monroe Township in this County deceased, was produced in open Court for Probate: it is now ordered that the said Will be filed in this Court, and that due notice thereof and of the application to admit the same to probate and record to be fiven to the next of kin of the Testator resident of the state of Ohio five days prior thereto by one application in the Guernsey Times that said application will be for hearing before this Court on the 14th day of April A.D. 1899 at 10 o'clock A.M. James A. Weyer Probate Judge Probate of Will Said testimony of said witnesses is in words and figures following to wit: The State of Ohio } Guernsey County ss} Probate Court Personally appeared in open Court James Warnick who being duly sworn to speak the truth, the whole truth, and nothing but the truth in relation to the execution of the last Will and Testament of Asberry Neel deceased deposes and says. That he was present at the creation of the instrument of writing now before him bearing date the 15th day of September 1895 purporting to be the last Will and Testament of Asberry Neel deceased that he subscribed his name thereto as witness at the request of 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 Asberry Neel at the time of executing the same was of full age of sound mind and memory and not under any restraint that he saw D.F. Branigar now deceased the other subscribing witness sign said instrument as a witness and heard said Asberry Neel request said D.F. Branigar to sign said instrument as a witness. James Warnick Sworn to before me and signed in my presence in open Court this 14th day of April 1899. James A. Weyer Probate Judge Proof of Signature of Witness to Will In the matter of the Will} of Asberry Neel deceased } The State of Ohio Guernsey County ss} Probate Court Guernsey County Ohio Testimony Personally appeared in open Court J.W. Smallwood and John Neel who being first duly sworn to testify the truth, the whole truth and nothing but the truth in the matter of the Will of Asberry Neel deceased, depose and say that D.F. Branigar whose name appears as one of the subscribing witnesses to the Last Will and Testament of Asberry Neel deceased, hereunto annexed has since the date of said Will September 15th 1895 deceased: that we are each of us well acquainted with the handwriting of said deceased witness and the signature of said D.F. Branigar purporting to be his as one of the subscribing witnesses to said Will is the true and genuine signature of the said deceased witness D.F. Branigar. J.W. Smallwood John Neel Sworn to before me and signed in my presence in open Court this 14th day of April 1899. James A. Weyer Probate Judge In the matter of the Will of} Asberry Neel deceased } Guernsey County Ohio Probate Court April 14th 1899 Be it Remembered, That heretofore, to wit: on the 30th day of March A.D. 1899 an instrument of writing purporting to be the last Will and Testament of Asberry Neel late of Monroe Township in this County deceased was produced in open Court and offered for Probate and was then filed. And it now being shown to the satisfaction of the Court that due notice of the filing of said Will and of the application to admit the same to probate and record in this Court has been given to the next of kin of the Testator resident of the State of Ohio, pursuant to a former order of this Court: thereupon on this day came James Warnick one of the subscribing witnesses to said Will who being duly sworn testified to the due execution and attestation of said Will; Also on this day came J.W. Smallwood and John Neel and were duly sworn and testified to the genuineness of the signature of D.F. Branigar deceased the other subscribing witness to said will all of said testimony was reduced to writing by them respectively subscribed and filed with said Will. Wherefore the Court finds that the aforesaid instrument of writing is the last Will and Testament of said Asberry Neel deceased; that the same was duly executed and attested and that the said Testator at the time of making signing and sealing the same was of full age of sound mind and memory and not under any restraint. It is therefore by the Court ordered that the said Will be admitted to probate and that the same together with the testimony of the witnesses above named be entered of record in this Court. It is ordered that citation issue to Jane V. Neel widow to make her election herein. James A. Weyer Probate Judge (Transcribed from a copy of the handwritten record filed in Guernsey Co. Court, Cambridge, OH, Book 6, Pages 548-551. Spellings of all names and words are left as in the original document.)