The Will and Inventory of Estate of DUTY GREEN, SR. This trancribed version that you are about to read was not taken from the 'orginial' Will and Inventory of Estate. I found this "typed" record in the GREEN file at the Washington County, Ohio. There was no date when it was transcribed nor the name of author was mentioned. Transcribed by Debbie Noland Nitsche July 2005 Will of DUTY GREEN, SR. Vol. 6 Page 379-80 Probate Records Marietta, Washington County, Ohio In the name of God. Amen. I, Duty Green of Washington County, in the State of Ohio, being sick and weak in body but of sound mind, memory and understanding, considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and think the better purposes to leave this world when it shall please God to call me home, do therefore make and publish this my last will and testament in measure and form following, that is to say: First and principally, I commit my soul into the hands of the Almighty God and my body to the earth, to be decently interred at the discretion of my executor, hereinafter named and after my debts and funeral charges are paid, I desire and bequeath as follows: Item - I give and bequeath unto my two daughter, Margaret Woodruff and Pamelia Renolds (Reynolds) the sum of sixty dollars each, also therefore said Margaret Woodruff my bed and clothing that belongs to it. Likewise to the aforementioned Pamela Renolds my chest of drawers. All other articles of house furniture except a shovel and one pair of tongs I bequeath to the before mentioned Margaret and Pamelia to be divided by them equally. I give and bequeath unto my oldest son, Duty Green, my Great Bible. All my other books I vie and to my children to be divided equally between them. My bookcase and shovel and tongs I give to my third son, Smith Green. All my remaining property I give and bequeath to my four sons namely Duty, Caleb, Smith and Eli to be equally divided and to be paid to each of them respectfully by my executor as fast as it becomes due. And lastly I hereby constitute and appoint my son, Caleb Green, to by sole executor of this my last will and testament revoking all former wills by me heretofore made, satisfying and confirming this, and none other to by my last will and testament. In testimony there of, I Duty Green have to his my will set my hand and seal this twenty ninth day of May in the year of our Lord one thousand eight hundred and thirty six. /s/ DUTY GREEN (Seal) Signed, Sealed, Published and declared by Duty Green the above named testator in the presence of us, who at his request have subscribed our names as witnesses thereto. /s/ Levi Heald /s/ J. D. Cope The State of Ohio In the Court of Common Pleas August Term AD 1842 Washington County The forgoing instrument of writing purporting to be the last will and testament of Duty Green, late of this County deceased and produced in Court for Probate. Whereupon Levi Heald, on of the subscribing witnesses to the same being sworn deposes and says that he saw testator sign said instrument of writing as used for his last will and testament, that he was then of sound mind and memory, over the age of twenty one years, and under no restraints in making said will and that he signed his name as a witness thereto in the presence and at the request of the testator. And it appearing to the court that J. D. Cope, the other subscribing witness thereto, resides out of the jurisdiction of the Court it is ordered that a Commission issue with the will annexed to the Court of Common Pleas of Columbiana County to take the deposition of said J. D. Cope touching the execution of said will by decedent. NOVEMBER TERM AD 1842 The Commission awarded at the last term of this court to the Clerk of the Court of Common Pleas of Columbiana County to prove the will of Duty Green, late of this County deceased by oath of J. D. Cope, a subscribing witness thereto having been returned with the proof thereto annexed in the words and figures following, to wit: The State of Ohio } Washington County } To the Clerk of the Court of Common Pleas of Columbiana, Ohio: Greetings, Know Ye, that we in confidence of your providence and fidelity have appointed you, and by these presents do give you, full powers and authority, to examine and take the deposition of J. D. Cope touching the execution of the instrument of writing hereto attached purporting to be the last will and testament of Duty Green, late of said County deceased. You will therefore cause to come before you the said J. D. Cope and examine him upon his corporal oath touching the execution of said will and such examination reduce to writing and return the same together with this writ will closed up under your official seal, into our said court with all convenient speed. (Seal of the Court of Common Pleas of Washington County) Witness Thomas W. Ewart, Clerk of our said Court of Common Pleas, this tenth day of September AD 1842. (Thomas W. Ewart, Clerk) By virtue of the foregoing commission on this twenty sixth day of September AD One thousand eight hundred and forty two, I caused John D. Cope to come before me, William E. Russell, Clerk of the Court of Common Pleas, in and for Columbiana County, Ohio, at my office in New Lisbon, in said County and then and there administered to him an affirmation that he would testify the truth, the whole truth and nothing but the truth, and true answers make to all such legal questions as should be put to him touching the execution of the last will and testament of Duty Green, deceased. Whereupon the said John D. Cope, being interrogated thereto, says that he signed his name, by the name J. D. Cope, as a witness to the said last will and testament of Duty Green, dec’d (and attached to this sheet) and in the presence of the said Green testator, and that the latter first signed the said will in his presence. That the testator when he signed said will was of sound mind and memory, of full age to wit, more that 21 years of age, and not under any restraints. And further the deponent saith not. /s/ John D. Cope State of Ohio, Columbiana County I, William E. Russell, Clerk of the Court of Common Pleas, in and for said County, certify that the foregoing deposition of John D. Cope taken by me at the time and place above stated and that the said Cope was affirmed and testified as also stated above and subscribed the said deposition in my presence at the time as aforesaid. (Seal of the Court of Common Please of Columbiana County) Witness my signature and seal of said Court into the Clerk’s Office in said County September 26th, AD 1842. /s/ William E. Russell, Clerk And the Court having examined the same do accept and approve said Will as duly proved by two of the subscribing witnesses thereto and order that said Will, with the probate thereof be accorded. And on motion of Caleb Green, Executor of Duty Green, named in said will, it is ordered that letters testamentary thereof by granted him on his giving bond in the penalty of twenty six hundred dollars with Smith Green and Eli Green securities conditioned as the law dictates. Ordered that Asahel Thompkins, Harley Laflin and Benjamin Palmer do appraise the personal estate of said deceased. Attest: Thomas W. Ewalt, Clerk APPRAISMENT OF PROPERTY OF DUTY GREEN (Probate Record, Vol. 6, Item 4221, Marietta, Ohio) {The State of Ohio} {Washington County} Before me the subscriber, a Justice of the Peace for said County personally came Harley Laflin and was sworn to truly and impartially appraise the personal property of Duty Green, late of Barlow deceased, that shall be exhibited to him and perform the other duties required of him by law and an order from the Court of Said County of Washington according to the best of his knowledge and ability. Sworn to and subscribe before me /s/ Harley Laflin this 7th day of Dec. AD 1842 H. A. Ford, J. P. {The State of Ohio} {Washington County} Before me the subscriber, a Justice of the Peace for said County personally came Asahel Tompkins, B. F. Palmer and were qualified to truly, honestly and impartially appraise the personal property of Duty Green late of Barlow deceased, that shall be exhibited to them and perform then their duties required of them by law and an Order from the Court of Said County of Washington according to the best of their knowledge and ability. Sworn to and subscribe before me /s/ Asahel Tompkins this 10th day of Dec. AD 1842 /s/ B. F. Palmer Harley Laflin, J. P. INVENTORY OF PROPERTY OF DUTY GREEN One Feather bed and bedding 11.00 One 3 Tine Fork .75 One Clock 2.00 One Spike Gimbler .12 1/2 One Rifle Gun 4.00 One Old Cart Irons 3.25 One Portamteau .87 1/2 One Cloak 3.00 One Chest of Drawers 3.00 One Frock Coat 3.50 One Book Ends 1.00 One pair Pantaloons .75 One Candle Stand 1.00 One Vest .50 Shovel and Tongs 2.50 One Pocket Handkerchief .25 Cane 1.00 One Cravat .50 One Pewter Dish and 5 Plates 1.00 One Lot Old Clothing 1.50 One Piece Fulled Cloth 1.00 One Rocking Chair .62 1/2 One Looking Glass .25 One Pair Glasses 1.50 One Bible 2.00 One Pair Glasses .75 One Hymn Book 1.00 Two Razors, Hone and Box 1.25 Three Small Books .75 One Pocket Knife .25 One Vol. Life of Milfield 1.50 One Old Saddle 1.50 One Vol. Wesley’s Notes 1.00 One Hat 1.50 One Vol. Natural Philosophy 1.50 One Pair Shoes .75 One Vol. Beauchamps Essay .37 1/2 Two Shirs and Pantaloons 1.50 One Vol. Methodist Discipline .12 1/2 One Pocket Book .25 --------- --------- Amount 37.12 1/2 Total 61.12 1/2 Amount Brought Up 37.12 1/2 Given under out hands the date above wirtten. /s/ Asahel Tompkins} B. F. Palmer } Appraisers Harley Laflin } An inventory of the notes, bonds and obligations of Duty Green, late of Barlow decease, as exhibited to his by Caleb Green, Executor, and appraised by Asahel Tompkins, B. F. Palmer and Harley Laflin this 10th day od Dec. A.D. 1842 DATE OF DEBTORS NAMED AMOUNT ENDORSEMENT VALUE Robert Alexander 300.00 April 1, 1839 366.00 Rober Alexander 200.00 April 1, 1839 232.00 William Raridon & Grant Coler 75.00 April 2, 1842 75.00 William Raridon & Grant Coler 75.00 April 2, 1842 75.00 William Raridon & Grant Coler 53.50 April 2, 1842 53.50 A., A.S. Stone, B.F. Stone security 91.00 Feb. 7, 1842 95.55 Wm. Payne, Geo. Hutchinson security 80.00 May 2, 1842 82.80 Eli Green 87.00 April 27, 1842 90.40 Caleb Green 25.70 Aug. 14, 1837 [13.50 Aug. 27, 1838] 16.91 Amith (Smith?) Green 12.00 Oct. 16, 1829 [25.00 Aug. 3, 1832] 21.36 Smith Green 12.00 Feb. 20, 1829 14.76 Robert P. Oliver 17.00 April 9, 1840 [5.00 Oct. 7, 1840] 21.50 ---------- Amount 1136.84 Amount brought up 1136.84 Dennis Ryan 63.00 May 4, 1840 73.70 Dennis Ryan 15.00 Sept. 24, 1841 16.10 Marcus Green 10.00 Dec. 2, 1839 11.80 Silas Woodruff 3.00 April 16, 1842 3.12 Charles Green 42.00 Nov. 19, 1839 [$5.00 March 18, 1842] 24.00 Levi Heald & J. D. Cope 55.00 April 3, 1839 67.00 Samuel People 6.00 Nov. 18, 1839 7.00 H. G. Dunham 5.00 No date Blank David Stamp 6.00 Sept. 1, 1842 6.00 [Order on Eli Green] Money on hand 21.50 ----------- Total $1367.06 Given under out hands this 10th day of Dec 1842. /s/ Asahel Tompkins} B. F. Palmer } Apraisers Harley Laflin } I, Caleb Green, Executor of the last will of Duty Green, deceased, make oath and say that the foregoing inventory is in all respects just and true that it contains a true statement of all the personal estate and property of the deceased which has come to my knowledge and particulary of all money, bank bills or other circulating medium belonging to the deceased and of all just claims of the deceased against me or other persons according to the best of my knowledge. Subscribed and sworn to Feb 1843 ] before Thom. W. Ewart, Clerk, CCP W.C.] State of Ohio } Washington County } Clerks Office, Court of Common Pleas, Feb. 28, 1843 The foregoing inventory and appraisal of the personal estate of Duty Green, late of Barlow Township, in said county deceased was this day recieved for record and recorded. Attest: Thom. W. Ewart, Clerk DUTY GREEN SETTLEMENTS Caleb Green, Executor of the last Will of Duty Green, dec'd, in account with his estate: To amount recieved on date mentioned in inventory as follows: Robert Alexander on note 715.30 William Rardon on note 281.23 Augustus Stone on note 98.50 William Payne on note 93.75 Dennis Ryan on note 88.87 Levi Heald on note (error in inventory) 66.37 Marcus Green on note 11.50 Charles Green on note 24.63 Silas Woodruff on note 3.42 Robert Oliver on note 15.31 Caleb Green on note 16.20 Smith Green on note 44.55 Eli Green on note 97.44 Cash on hand ($1 bad) 20.50 Amount of appraisal personal property 61.12 --------- $1638.69 The claims against Samuel People, H. G. Dunham and David Stamp not collectible. The amount paid out expenses of administration are as follows: DATE EXPENSE VOUCHER # AMOUNT Dec. 10, 1842 Paid Laflin, Timpkins and Palmer, appraiser, per 1 3.00 April 12, 1846 Paid David Barber attorneys fees 2 24.00 Aug. 17, 1844 Paid Isaac Woodruff services in last sickness 3 22.50 June 10, 1842 Paid Dr. Ochelle's physician's bill 4 4.25 August 15, 1844 Paid John Murphy Gravestone 5 10.00 April 16, 1846 Paid Richard Lawton witness fee 6 .75 April 16, 1846 Paid H. N. Ford, J. P. acknowledging deed 7 1.25 Dec. 7 1842 Paid Thomas Lake for Coffin for Ryan 8 6.00 Nov 29, 1842 Paid D. Barber, Atty, proving will 9 1.00 Dec. 3, 1844 Paid. Dr. Bildad Curtis physician's bill 10 1.75 1842, 1843, 1845 Paid T. W. Ewart Clerk's fees 11 7.13 May 21, 1846 Paid Marcus Green account 12 7.50 May 21, 1846 Paid Dr. J. D. Cope witness to will 13 1.50 Jan. 14, 1858 Paid R. Crawford Treasr. Tax 14 1.37 Oct. 28, 1847 Paid D. E. Gardner Attorney fees 15 6.00 Sept. 26, 1842 Paid Wm. C. Russell taking copies, deposition 16 .50 June 17, 1843 Paid Huldah Green nursing deceased 17 3.25 Paid Smith Green Camps' order (legacy) 18 1.25 Paid Thomas W. Ewart, Clerk, recording 19 3.37 1/2 Executor's percentage pay 50.00 Paid printing notice of appointment 20 1.00 Paid postage on will & commission to Columbiana County .75 Paid for Morgage deed from Rardon recording 1.62 1/2 Paid Levi Heald proving will 1.00 --------- 160.75 Personal property divided without accounting for 9.50 --------- $170.25 Executor has paid legacies as follows: Nov. 1842 Paid Smith Green Voucher 1 3.50 June 10, 1843 Paid Smith Green 2 9.00 Aug. 8, 1843 Paid Smith Green 3 11.14 May 16 Paid Smith Green 4 10.00 Feby 18, 1845 Paid Smith Green 5 38.00 May 21, 1842 Paid Smith Green 6 179.17 Dec. 1, 1847 Paid Smith Green 7 50.00 March 8, 1848 Paid Smith Green 8 34.84 --------- 335.65 June 10, 1943 Paid Duty Green Voucher 9 9.00 Jany 15, 1844 Paid Duty Green 10 10.00 Dec. 2, 1844 Paid Duty Green 11 28.38 Feby 19, 1845 Paid Duty Green 12 19.00 May 7, 1846 Paid Duty Green 13 136.25 Dec. 11, 1847 Paid Duty Green 14 50.00 March 8, 1848 Paid Duty Green 15 59.52 --------- 332.15 Apr. 29 1843 Paid Eli Green Voucher 16 24.00 April 11, 1846 Paid Eli Green 17 10.00 May 20, 1846 Paid Eli Green 18 211.00 June 6, 1846 Paid Eli Green 19 50.00 --------- $295.70 June 14, 1843 Paid S. H. Reynolds Voucher 20 9.00 Oct. 21, 1843 Paid S. H. Reynolds 21 32.00 June 20, 1844 Paid S. H. Reynolds 22 5.00 Oct. 12, 1845 Paid S. H. Reynolds 23 2.00 July 12, 1847 Paid S. H. Reynolds 24 12.00 --------- $60.00 Jany 15, 1844 Paid Margt per Isaac Woodfuff Voucher 25 19.00 July 18, 1845 Paid Margt per Isaac Woodfuff 26 20.00 May 7, 1846 Paid Margt per Isaac Woodruff 27 21.00 $1080.40 March 9, 1848 Paid Margaret Woodruff articles willed Voucher 28 12. 50 $1095.90 My own share per will 332.18 --------- $1428.08 Caleb Green, Executor of Duty Green, dec'd, makes oath and says that the within account is correct and true to the best of his knowledge. /s/ Caleb Green