Portage County, OH
Martin Manley's Will
Be it Remembered, that, at a term of the Court of Common Pleas for the County of Portage in the State of Ohio, begun and held at the Court House in the town of Ravenna, within and for said County, on the first day of October in the year of our Lord one thousand eight hundred and forty-four - by and before Eben Newton President Judge and Jeremiah Moulton, Jonathan Foster and Thomas B. Selby Associate Judges of the said Court, the last Will and testament of Martin Manley late of Nelson in said County, deceased, was produced in Court for Probate by Robert F. Paine Esquire Attorney for the Executor therein named and Robert F. Paine Esquire Attorney for the Executor therein named and Robert F. Paine and Amanda Wilson now Amanda Wheeler the subscribing witnesses to said Will appeared and in open Court on oath testified to the due execution of said Will which testimony was reduced to writing and by them respectively 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 the said testator at the time of executing the same was of full age and of sound disposing mind and memory and not under any restraint; it was ordered by the Court that said Will and testimony be recorded; which said Will was proof follow in these words, to wit:
I Martin Manley of the township of Nelson County of Portage & State of Ohio do make and publish this, my last Will and testament in manner and form following that is to say --
First it is my will that my funeral expenses and all my just debts be fully paid.
Second I give devise and bequeath to my beloved wife Azubah Manley during her natural life in lieu of her dower the plantation on which we now reside containing ninety six acres of land situated in lot No. two is said township of Nelson it being township No. five in the sixth range of townships in the Connecticut Western Reserve it being the East part of two hundred acres of land deeded by Bradford Sherwood to Martin Manley on the fifteenth day of May A.D. one thousand eight hundred and fifteen and recorded the seventeenth day of November A.D. one thousand eight hundred and fifteen in Portage County records Book B. page four hundred and sixty-five Reserving fifty acres of land deeded by the said Martin Manley and Azubah my wife to William Manley on the twenty fourth day of December A.D. 1839 -- Also I give devise and bequeath unto my beloved wife Azubah Manley all the live stock, horses, cattle, sheep, hogs by me now owned and kept there on also all the household furniture and other items not particularly named and otherwise disposed of in this Will during her natural life as aforesaid. She however first disposing of a sufficiency thereof to pay my first debts as aforesaid and at the death of my said wife all the property hereby divided or bequeathed to her as aforesaid or so much thereof as shall their remain unexpended to my several children as follows.
First I give devise and bequeath to my son Libbeus Manly thirty five dollars and to his heirs and assigns forever.
Second I give and devise to my son George Manley forty five dollars.
Third I give and devise to my son Daniel Manley ten dollars and to his heirs and assigns forever.
Fourth I give and devise to my son Lorenzo Riley Manley seventy dollars and to his heirs and assigns forever.
Fifth I give and devise to my four daughters Ruth Adams, Ruby Hyde, Rebecca Chappel, and Sally Julia Holley one hundred and sixty dollars to be equally divided among them Ruth, Ruby, Rebecca and Sally Julia and to their heirs and assigns forever.
Sixth I give and devise to my son William Manley all the live stock, horses, cattle, sheep, hogs, farming utensils & household and kitchen furniture and other items not particularly named and not otherwise disposed of at the death of my beloved wife, and to his heirs and assigns forever. Also I give and devise to my said Son William Manley the above described forty six acres of land (at the death of my beloved wife) and to his heirs and assigns forever. Provided that the said William Manley shall pay to the said Libbeus Manley, George Manley, Daniel Manley, Lorenzo Riley Manley, Ruth Adams, Ruby Hyde, Rebecca Chappel and Sally Julia Holley the several sums given and bequeathed to them in this Will within three years from and after the death of my beloved wife Azubah Manley otherwise the said forty six acres of land is to be divided among the said Libbeus Manley, George Manley, Daniel Manley, Lorenzo Riley Manley, Ruth Adams, Ruby Hyde, Rebecca Chappel and Sally Julia Holley according and in proportion to the several sums given to them in this Will.
And lastly I hereby constitute Joseph C. Ensign of Windham to be the Executor for this my last Will and testament revoking and annulling all former Wills by me made and ratifying confirming this and no other to be my last Will and testament. In testimony whereof I have hereunto set my hand and seal this sixth day of June in the year of our Lord one thousand eight hundred and forty two.
Martin Manley (seal)
Signed published and declared by the above named Martin Manley as and for his last Will and testament in presence of us who at his request have signed over names as Witnesses to the same.
Robert F. Paine
I Martin Manley of Nelson in the County of Portage and State of Ohio of sound mind and memory do make and publish this as a part of my last Will and testament by me this day made and published.
First -- It is my Will and desire that my beloved son William Manley shall have the privilege and right to pay my other chldren the legacies in my Will mentioned: in cattle or sheep as he my son William may choose said cattle or sheep to be paid within the time mentioned in my Will of which this is to form a part that is written three years from the death of my beloved wife Azubah. In witness whereof I have hereunto set my hand and seal this sixth day of June one thousand eight hundred and forty-two.
Martin Manley (seal)
Signed and sealed by Martin Manley in our presence and signed by us at his request and in his presence and in the presence of each other.
Robert F. Paine
Proof.
I Robert F. Paine having been first duly sworn according to law in open Court this 9th day of October A.D. 1844 depose and say that on the 6th day of June A.D. 1842 that I at the express direction of Martin Manly to whose last Will and testament this is annexed signed said Will as a witness and that said Martin Manley signed said Will in my presence and that at the time of signing the same said Martin Manley was of full age of sound mind and memory and under no restraint and that I signed the same as such witness in the presence of Amanda Willson who is now Amanda Wheeler and that she at the same time signed said Will in my presence as a witness and at the like request of said Martin Manley and that I in like manner signed the supplement to said Will which is attached thereto at the same time and place, Oct. 9, 1844.
Robert F. Paine
I Amanda Wheeler who am the same person who is named in and to said Will as Amanda Willson having been first sworn in open Court depose and say that on the 6th day of June 1842 at the express direction of Martin Manley I signed the writing hereto attached purporting to be the last Will and testament of Martin Manley that at the time he was of full age and of sound mind & memory & was under no restraint that I signed said Will & Suplement [sic] in his presence & in the presence of R. F. Paine the other witness and that said Martin Manly signed the same in our presence.
Amanda Wheeler
Wills 1823-1862 vol 1-2, pp 318-319
Amanda Willson
Amanda Willson
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