FOLEY, JAMES (sent in by Keith Hays)

Spelling, capitalizations are as appear in the original. Transcription is from a clear photocopy of the original and reference should be made to the original to resolve any doubt or inaccuracy. Transcribed by: Keith Hays May 3, 2002.  Material in brackets [thus] is unclear and may be inaccurate. The words appearing thus are taken from the context.

Will of James FOLEY Sr. Transcribed from a photocopy of the original James FOLEY, Last Will and Testament, 2996 Filed October, 14th 1863 John H. Sutter, Judge of Probate, 1863 Recorded ,Vol 3. Page 434

Know all men by these presents that I James FOLEY of the County of Clark and State of Ohio do hereby make and publish this my last will and testament

Item First. It is my will that my funeral expense and all my just debts be paid out of the proceeds of my personal property.

Item Second. I devise and bequeath unto my daughter Catharine WARD as follows, to wit: Sixty two acres of land off of the North side of Section Number fourteen (14) Township Number five (5) and Range Number ten (10) M.R.S One hundred and fifty nine acres of land being the North East Quarter of Section Number eight (8) Township Number five (5) and Range Number ten (10) M.R.S. One hundred sixty acres of land being the North West Quarter of Section Number two (2) Township Number five (5) and Range Number ten (10) M.R.S. Eighty Acres of Land in the South West corner of Section Number three (3) Township Number five (5) and Range Number ten (10) M.R.S. One hundred and sixty acres in the South East corner of Section Number three (3) Township Number five (5) and Range Number ten (10) M.R.S. and seventy nine acres of land in Section Number thirty three (33) Township Number five (5) and Range Number ten (10) M.R.S. and one fourth part of the proceeds of personal property and moneys to have and hold the same unto the said Catharine WARD, and the heirs of her body forever.

Item Third. I devise and bequeath unto my daughter Susan CLARK as follows, to wit: One hundred seventy nine acres of land off of the south Side of Section Number three (3) Township Number five (5) and Range Number ten (10) M.R.S. more or less, being all of the lands in said tract west of the Rail Road track. One hundred and sixty acres of land being the South West Quarter of Section Number thirty four (34) Township Number five (5) and Range Number ten (10) M.R.S. Thirty acres of land taken off the West Part of Section Number thirty three (33) Township Number five (5) and Range Number ten (10) M.R.S. Eight Acres of land North half of the North East Quarter of Section Number twenty nine (29) Township Number six (6) & Range Number ten (10) M.R.S. and one fourth Part of the Proceeds of all my personal Property and moneys to have and to hold the same unto the said Susan CLARK and the heirs of her body forever.

Item Fourth. I devise and bequeath unto my two grand children James FOLEY and Amanda Alice FOLEY, children of my son John FOLEY his wife as follows, to wit: Being three hundred twenty acres of lands, East side of Section Number thirty four (34) Township Number five (5) and Range Number ten (10) M.R.S. One hundred sixty acres of lands North East corner of Section Number thirty three (33) Township Number five (5) and Range Number ten (10) M.R.S. and one fourth Part of the Proceeds of all personal property & moneys to have and to hold the same unto them and their heirs forever, But if the said James FOLEY and Amanda Alice FOLEY should die without issue then the property described in this item of my will shall revert to the other legatees mentioned in this will.

Item Fifth. I devise and bequeath unto Absalom FOLEY and James S. GOODE as trustees in [trustes] for the use and benefit of my grandson James William FOLEY son of my son James FOLEY & Mary Jane FOLEY his wife and in case of their death, to their successors in office appointed by the Probate Judge of Clark County, Ohio, which trustees shall hold the property hereinafter mentioned in trust for the use and benefit of my Grand son James William FOLEY as hereinbefore mentioned for and during his natural lifetime and if he should die without issue, then the property mentioned in this item of my will shall revert to the other legatees mentioned in this will & to their heirs. The property bequeathed in this Item of my will is described as follows, to wit: Being one hundred and seventy six acres in the West part of Section Number seven (7) Township Number five (5) and Range Number ten (10) M.R.S. being the old BISHOP Farm. One hundred and six & two thirds (106 2/3) of lands being a part of the South East Quarter Section twenty (20) Township Number five (5) and Range Number ten (10) M.R.S. Eighty acres of lands being the Wset half of the North West Quarter of Section Number one (1) Township Number five (5) and Range Number ten (10) M.R.S. eighty acres of lands being the East half of the South West Quarter of Section Number two

(2) Township Number five (5) and Range Number ten (10) M.R.S. and the fourth part of the proceeds of my Personal Property and & moneys. And the trustees in trust as above mentioned shall pay to the said legatee mentioned in the second item in this will, namely Catharine Ward & her heirs one thousand dollars out of the moneys bequeathed in this item of my will. [Now] whereas I have reserved about four hundred acres of lands which are not divided among my heirs as above mentioned. It is not my desire that the said James William FOLEY should have any part of the proceeds of said four hundred acres of lands, but that the Proceeds thereof shall be divided among the other legatees herein mentioned share and share alike.

Item Sixth. The four hundred acres of lands spoken of in the fifth item of this will which are not divided among my heirs shall be sold by my executors hereinafter mentioned at the end of five years from my death at Public sale to the highest bidder and the Proceeds thereof shall be divided among the legatees mentioned in the Second, Third & Fourth items of this will, share and share alike.

Item Seventh. I do hereby nominate & appoint Absalom FOLEY ^ John CLARK & Henry P. HARRIS Executors of this my last will & testament hereby authorizing and impowering them to confirm, adjust, release and discharge in such manner as they may see proper the debts & accounts due me, and I do hereby revoke all prior wills made by me.

In Testimony whereof I have hereunto set my hand & seal this 25th day of May A.D. 1860

James FOLEY {seal}

Signed & acknowledged by the said James FOLEY as his last will & testament in our presence & signed by us in his presence.

Rueben MILLER

Jas. GORDON

A.C, FOLEY