|Cephas Fisher Will 16 of 9th Month 1845, Book 2 Pg 19. (LDS Film 0568564)
Probate Feb 3 1864, Clinton County, Ohio
Cephas Fisher Dec’ Apt of Executor
Be it remembered that on the 3rd day of February AD 1864 at a Probate Court held in the Court House at Wilmington, Clinton County Ohio before J H West Judge thereof Personally came James Fisher in and presented the Last Will and Testament of Cephas Fisher deceased late of said County for Probate which is in words and figures to wit:
In the Name of God Amen!
1st I give and bequeath to my wife Jane in Leiu of her Dower this my estate both real and personal the use of the farm on which we now reside in Green Township in said County during her natural life.
2nd I give and bequeath to my children Hannah Fisher, James Fisher, Jane Koons, Rebecca Atkinson, Cephas Fisher Jr., Thomas Fisher, Samuel Fisher and Eli Fisher an equal share in my real and personal estate excepting Hannah who is to have three hundred dollars more than any of the others as her share of said estate, said equal Shares to include what has been already advanced by me to Some of my children as follows to wit James Fisher $60.00 – Jane Koons $86.00 – Rebecca Atkinson $70.00 – Cephas Fisher Jr. $181.00 – Thomas Fisher $12.00 – John Fisher $60.00 and also to include any sums that I may hereafter advance to either of my Said children to be deducted from their share of my Said estate.
Lastly I do hereby ordain and appoint my Son James Fisher my Executor of this my last will & testament Noted this 16th day of the 9th month 1845 Cephas Fisher (Seal).
Signed Sealed and acknowledged to be the last will and testament in our presence who in his presence and at his request signed the same as witness on the date above written.
Probate: The State of Ohio Clinton County SSv
Personally Appeared in open Court B. Nickson one of the subscribing witnesses
to the Last Will and Testament of Cephas Fisher late of Said County of
Clinton deceased who being duly Sworn Says that he was present at the
execution of Said Will that he Saw Said testator Sign and heard him acknowledge
the same as his last will and testament and that at the time of the Execution
thereof said Testator was of full Sound mind and memory and not under
Clinton County Probate Court Feb 3 AD 1864
Personally appeared in open Court L. O. Walker who being duly sworn says
that William Fuller one of the attesting witnesses to the last Will And
Testament of Cephas Fisher deceased is now dead, further says that he
was acquainted with the writing of said William Fuller decd has frequently
seen him write his signature that said Wm Fuller Signature to the Last
Will and Testament of Said Cephas Fisher deceased as Subscribing Witness
is true and genuine as he truly believes. L. C. Walker
Order The Last Will And Testament of Cephas Fisher deceased late of Said
County of Clinton was this day produced in Court by James Fisher the Executor
in Said Will named and B. Nickson one of the Subscribing witnesses to
Said Will Appeared (and L. C. Walker who Testified to the Signature of
Wm Fuller another Subscribing witness to Said Will now deceased) appeared
in open court in affirmation testified to the true execution of Said Will
which testimony was reduced to writing and by him subscribed and filed
with said will. And it appearing to the Court by said testimony that Said
Will was duly attested and executed and that said Testator at the time
of executing the same was of Sound mind and memory and not under any restraint
it is assured by the court that the said will and the testimony be recorded.
Whereupon James Fisher the executor in Said Will named approved and signified
his acceptance of the trust of Executing Said Will, it is therefore further
ordered that letters Testamentary be issued to him on his giving bond
in the sum of fifteen thousand dollars with Elijah Neathing, And John
Fisher as Surities conditional according to law, And on Motion the Court
appoints Thomas Elliott, William Elliott and John McFadden appraisers
of the personal estate of Said Testator.