This is a copy of the Last Will and Testament of James Hearne from the Hamilton County Court House. I transcribed it exactly as written, spelling, lack of punctuation and paragraphs.
It appearing to the Probate Court that on the 6th day of December A.D. 1823 the last will
and testament of James Hearne deceased, was duly admitted for Probate and Record in
the Court of Common Pleas of Hamilton County Ohio, and the Record of said Will was
afterwards by law transferred to the Probate Court of said County and that the original
Record of said Will was destroyed in the burning of the Court House on March 29th A.D.
1884 but that the original Will together with the endorsement thereon and the Probate
thereof upon the Journal of said Court were preserved. It is now ordered by the Probate
Court on itís own motion that the Record of said Will be and the same is hereby restored
from said original Will endorsement and Probate as provided by Statute in the words and
figures to wit:
The State of Ohio Hamilton County S.S. Hamilton Common Pleas. Be it remembered that on the day and year aforesaid the last Will and Testament of James Hearne late of this County deceased was presented to the Court for Probate and Record clothed in the words and figures following to wit:
In the name of God amen I James Hearne of the Township of Green County of Hamilton and State of Ohio, Farmer, being sick and weak in body but of perfect mind memory and understanding calling unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and testament in manner and form following First I give and bequeath unto my dearly beloved wife my landed estate with the profits thereof as long as she remains my widow and also all my horses all my cows or other horned cattle all my sheep all my hogs all my farming utentials viz ploughs harrows hoes axes iron traces collars haines back bands & together with all the household and kitchen furniture such as beds and bedding chairs all the pot mettle and all other cooking utentials & she paying the following money legacies expenses of funeral and other incidental expenses Second I give and bequeath unto my son Joshua Hearne five dollars Third I give and bequeath unto my son Moses Hearne five dollars Fourth I give and bequeath unto my son Jesse Hearne five dollars Fifth I give and bequeath unto my son Beverly A. Hearne five dollars Sixth I give and bequeath unto my son James Hearne the use of my waggon jointly with my wife and my son Stephen in the lifetime of my wife and at her death or marriage the waggon to belong to James and Stephen jointly also my clock at my wifeís decease or marriage my double tricker gun to belong to James Hearne Seventh I give and bequeath unto my son Isaac Hearne twenty five dollars also my single tricker riffle gun Eighth I give and bequeath unto Stephen M. Hearne all my landed property at the death or marriage of my wife, also a mare a saddle and bridle which is at present called his also the use of my waggon jointly with his mother and brother James Ninth I give and bequeath unto my daughter Elizabeth Stouton five dollars unto my daughter Sanrina Scuddle five dollars unto my daughter Nancy Miller five dollars unto my daughter Meneter Stouton five dollars Tenth I also give and bequeath unto my wife the use of my waggon jointly with my son James and Stephen also all my grain which has come to perfection and all that is growing in the ground all my geese and fowls of all kinds lastly I do also constitute my son James Hearne to be the executor of this my last will and Testament and I do hereby disallow revoke and disanul all and every other wills and testaments legacies and bequests be me made at any former time confirming this my last will and testament and no other In witness whereof I have hereunto set my hand and seal this third day of October in the year of our Lord one thousand eight hundred and twenty three James Hearne (seal)
Signed Sealed published pronounced and declared by the said James Hearne as his last will and testament in the presence of us who in his presence and the presence of each other have hereunto set our names as Witnesses Arthur Orr Stephen Rybott Archibald his X mark Crowell Thereupon on the same day Arthur Orr Stephen Rybott Archibald Crowell the subscribing witnesses of the Last and Testament of James Hearne deceased, personally appeared in open Court and were duly sworn and examined according to law touching the due execution of said Will as appears from the endorsement as follows to wit: proven by oath of all the subscribing witnesses Ex r sworn Danl Gano Clk now here to wit on the same day our said Court made an order herein as follows The Last Will and Testament of James Hearne decíd presented and proven by the subscribing Witnesses to the same Court being satisfied with the proof Admit Will of record It is further ordered by the Court that said Will and the Probate thereof be re-recorded and same is now done and that said Record have the same force and effect as same original Record