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Will of Elisha Hibbard

Rev. Elisha Hibbard's will is on record at the Lucas County, Ohio Probate Court in Toledo.
The following is a transcription of that document.

The Last Will and Testament of
Elisha Hibbard Deceased

Be it remembered that at a Term of the Court of Common Pleas within and for the County of Lucas and State of Ohio begun on the Eighth day of November AD One Thousand Eight Hundred and Forty Seven was produced in open Court the last will and Testament of Elisha Hibbard deceased late of Lucas County Ohio which was proved by the oaths of Irena C. Hodge one of the subscribing Witnesses thereto (and the only witness now living, the other subscribing witness to said will having since died) whose testimony was reduced to writing, and it appearing to the satisfaction of the Court that the said Elisha Hibbard at the time of executing said will was of full age and of sound mind & memory and not under any restraint. Wherefore it is ordered that said will and the testimony so reduced to writing to admitted to Record, and thereupon on motion to the Court by W. H. Hall Esqr. Attorney it is ordered that Letters Testamentary be granted to Selah Hibbard the Executrix named in said will, upon her giving bond in the sum of Three Hundred Dollars with Harlow Butler & Alfred C. Hough as Surety. Conditioned that she shall pay all the debts against said Estate, and all the legacies in said will mentioned agreeably to the provisions of said will and all legal charges that may accrue against said Estate.

Which will aforesaid was in the words following to wit, Be it remembered that I, Elisha Hibbard of the Township of Dover in the County of Lucas and State of Ohio, being of sound mind and memory and realizing the shortness and uncertainty of this life and the great difficulties that sometimes happen amongst heirs in settling estate and believing it best to do all that can by me be done to prevent such an occurrence among my children I have therefore and do hereby declare and make known to all concerned that this writing contains my last will and Testament hereby revoking and annulling all former Wills by me made or executed to the intent that this my last should take precedence of all wills, codicils or agreements, incouragements, or initiations relative to the descent or distribution of my Estate both personal and Real after my decease.

--Item I give and bequeath to my oldest son Mortimer Dormer Hibbard (who I suppose has had his share of my Estate) my silver watch as a keep sake.

--Item to my second son John Randolph Hibbard (who I suppose has received his full share of my estate) I give and bequeath my bamboo cane which he has now in his possession together with Bucks theological Dictionary as keepsakes

--To my oldest Daughter Harriet Ann Miller (who I suppose has also received her full share of my Estate) my volume of Syb Siblys Sermons and 3 volumes of the Apocalypse revealed which I hope she will read

Item To my second Daughter Lucretia Paulina Edwards I will bequeath & devise forty acres of Land it being the North East quarter of the North East quarter of Section four Township Seven North of Range Six East of lands heretofore sold at Lima but now sold at Upper Sandusky. I also give and bequeath to her of My Library My Evangelical Religion restored and my two volumes of Sermons by John [Clow?] upon the Marriage of the Kings Son

--Item To my third and youngest Daughter Aurelia Olymphia Butler I will and bequeath Sixty Two Dollars to be paid out of my personal property as soon as it can be done without incommoding my Executrix or encumbering my Real Estate. I also further will and bequeath to her of my library the volume entitled Conjugal Love and the two Heavenly memoralists

--Item To my little grandson Flavius Josephus Miller I will and bequeath my six volumes of Josephus History of the Jews. Item To my nephew Cyrus B. Abbott I will and bequeath my fowling piece Powder Horn and pouch.

Item To my beloved wife, Selah I will and bequeath all and singular my personal property except so far as I have above bequeathed and what will be necessary to pay all funeral charges and Honest debts which I wish to have well and truly paid out of the personal estate above bequeathed to her. I also will bequeath and devise to her the said Selah the use of all my Real Estate not above devised to my Second Daughter during her natural life and after her decease to descend and rest as follows that is to say my south Forth which is the North East quarter of the North West quarter of section four in Town Seven North of Range Six East of lands formerly sold at Lime, the West half of said Tract (to be divided in the Center by a North and South line) I will bequeath & devise to Robert Flynn a colored boy that formerly lived with me.

And the East half of the last aforesaid Tract I will bequeath and devise to my little grandson Francis Elisha Hibbard son of Mortimer D. & Mary G. Hibbard both of the above named Robert & Francis Elisha to take and hold in fee simple immediately after the decease of my said wife should they both be living but should either or both decease before my said wife then his half that has so deceased or both if both have so deceased shall descend and rest on my heirs at law in [Coparcenary?]--

And my north forty on which my house barn & Orchard stands (which is the South East quarter of the South west quarter of Section Thirty three in town Eight North of Range Six East) I will bequeath as follows that is to say, I will bequeath and devise to the Trustees of Dover Township Lucas County Ohio in which the land lies and their successors in Office if they will accept the trust four acres out of the South West Corner of the last mentioned tract to be laid off in a square form in trust for the use of said Township for a public burying ground and for building a public Town House which House shall be free to all denominations of professing Christians to worship in always giving the New Jerusalem Church the preference when they and any other Society should wish to occupy it at the same time but if the aforesaid trustees shall refuse the trust upon the above conditions or shall neglect to build said house for three years after the decease of my said wife then in either [case?] the four acres above specified shall rest in the person to whom the balance of said forty acre lot is by this instrument devised and bequeathed, and I do surely will bequeath & devise the balance of the last described forty acres of land save and except the four acres above devised in trust and the reversion of said four acres in case the trust is refused misused or abused to my youngest Daughter Aurelia Olimphia Butler during her life and to descend to her oldest male issue at her decease but should she have no male issue and should have female issue then to descend to her oldest female issue that shall be living at her decease but should she leave no issue male or female at her decease of should she herself decease before the decease of my said wife Selah then and in either case my will is that the last above described forty acres of land descend to my heirs at law in Coparcenary.

And it is further my will and wish and I do hereby constitute and appoint Selah Hibbard my present wife sole executrix of this my last will and testament but should she refuse to execute the same then and in that case I hereby Constitute and appoint my two sons Mortimer D. Hibbard & John R. Hibbard to execute the same jointly and should she the said Selah consent to act as executrix during her life then I constitute and appoint my two sons aforesaid should they or either of these [unreadable] her the said Selah to execute that part of my said will to be executed after her decease. Signed and Sealed this third day of November One Thousand Eight Hundred and forty five in presence of Witnesses--

Elisha Hibbard

Warren W. Hodge
Irena C. Hodge

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