The last Will and Testament of Thomas Petitt late of Richland County Decd was this day produced in Writing and Elzey Hedges and Richard Ruckman credible witnesses thereto being an open Court duly Sworn and Severally Examined and whose testimony was taken in writing and Signed & duly filed and it appearing to the Court from the above testimony of said Witnesses that the Said last will and Testament was duly executed and that the Testator at the time of Executing the same was of full age of sound mind & memory and not under any restraint. It is by the Court ordered that said last Will and Testament together with the proof thereof be Recorded by the Clerk of this Court and that the Letters testamentory with a copy of said Will annexed be issued to John Pettitt and Jonathan Pettitt to the Executors named therein Alexander M:Bride the other Executor therein named having declined serving upon their entering into bonds with security in the penal sum of twelve thousand dollars conditioned as the Law directs. Alexander M:Bride & Elzey Hedges are accepted as securities and John Campbell John Bell and John McElroy are appointed to appraise the personal property of said Estate.
The following is a copy of said Will.
I Thomas Pettit of Richland County and State of Ohio being of sound mind and memory and taking into consideration the certainty of Death and the uncertainty of the time thereof do make publish and declare this to be my last will and Testament in manner following to wit, First, Whereas I have heretofore given and Executed titles to my sons John Pettit Aaron Pettit Merrit Pettit and my son in Law Peter Broach each a quarter section of Land which I value at three hundred & twenty dollars each to equalize my Estate amongst my several Children it is further my will and desire that my sons John Pettit Aaron Pettit Jonathan Pettit and Thomas Pettit each have two hundred dollars more of my Estate than my Daughters and also that the heirs of my son Merrit Pettit now deceased have two hundred dollars more than my daughters they sharing sharing [sic] Equal with my sons. It is further my will and I do hereby will to my son Thomas Pettit his heirs and assigns forever The south West quarter of Section Eighteen and Township twenty three of Range Seventeen containing One hundred & forty acres more or less, he accounting to my Estate for the Same three hundred & twenty dollars.
It is further my will & I do bequeath to my son Jonathan Pettit his heirs and assigns forever the South west quarter of Section Number Nineteen in the Township Twenty three of Range Seventeen, which I likewise value at the said sum of three hundred & twenty dollars & probably may deed Said land to my Said Son Jonathan. And whereas I have further advanced to my Son Jonathan Pettit the sum of three hundred & ninety five dollars which said sum. It is [blank] will and desire shall be out of his Share or proportion of my Estate on a final distribution of the same without Interest being Charged thereon. I further will and bequeath to my Daughter Elizabeth intermarried with Ephraim Vail1 and to her heirs and assigns forever the South East quarter of Section Number Eleven in Township Number Twenty three of Range No Nineteen - which I also value at the sum of three hundred and twenty dollars the value of which land to be deducted out of her Share on the final distribution of my Estate and also the sum of two hundred and fifty dollars which I have advanced to my son in law Vail. And whereas my Daughter Rachel Now Deceased who was intermarried to John Shackler left heirs. It my will and I hereby bequeath to my grand children, Children of my Said Daughter Rachel one Share Equal to any of my Daughters to be equally divided amongst them. I also will and bequeath to my Grand Children, Children of my Daughter Susan who was intered [?-ed.] with Alexander MBride but now deceased an Equal Share with my Daughters to be equally divided amongst my said Grand Children.
It is my will meaning and desire that all of my Sons have two hundred dollars more each of my Estate than my Daughters or Daughters Children as above expressed and that my Sons John, Aaron each account to my Estate on a distribution thereof for the sum of three hundred & twenty dollars for the land which I have heretofore deeded to them. And also that Peter Broach or Christiana his wife or her heirs also account on the final distribution of my Estate for the Sum of three hundred & twenty dollars being the Estimated Value of the land which I have deeded to Said Broach. And also that the heirs of my Son Merrit who is now deceased Share Equal with my sons who are now living and that they account to my Estate on the final distribution thereof for the sum of three hundred & twenty dollars the estimate Value of the land heretofore deeded by me to my son Merrit. I wish it fully understood that I wish all my Sons to Share equally of my Estate & my grand Children, Children of my Son Merrit to Share equal to my Sons, and my Daughters to Share alike but not equal to my sons by two hundred dollars & my Grand Children that is to say Children of my Daughter Rachel and also of my Daughter Susan to Share equal with my Daughters. It is further my will and desire that if any of my Children should die without heirs that his her or their Share of my Real Estate be equally divided amongst my surviving sons & daughters together with the Children of my Daughters Rachel & Susan.
And lastly I do hereby constitute and appoint my sons John Pettit & Jonathan Pettit and Alexander MBride who was married to my daughter, Executors of this my last will & Testament.
In testimony whereof I have hereunto set my hand & Seal this 23d day of June 1836
his
Thomas X Pettit [Seal]
mark
Signed Sealed & declared ) Elzy Hedges
to the said Thos Pettit to be his ) her
last will & testament in the ) Martha X Ruckman
presence of us who Signed ) mark
the same at his Request ) her
) Eliza X Morrison
) mark
) Richard Ruckman
Copy of Proof ) The State of Ohio )
) Richland County ) Elzey Hedges and
Richard Ruckman
being duly Sworn in Open Say that the Signed the above paper purporting to
be the last will & testament of Thomas Pettit Decd as witnesses thereto that
they Signed the same at the request of the Testator in his presence & in the
presence of each other. that said paper was executed by said Testator in
our presence and he then & there declared the same to be his last will &
testament. that at the time of the Execution thereof of the Said Thomas
Pettit was of sound mind & memory over the age of twenty one years & under
no restraint whatever.
Sworn to before me this ) 28h of Novr 1846 in open Court ) Elzey Hedges Wm Irwin Deps Clerk ) Richard Ruckman1See April 1988 issue, pp. 44 & 58 for photo and family of Ephraim and Elizabeth Vail - ed.