BOTKIN, BENIAH (sent in by Jan Botkin Therkildsen )
Transcribed by Rob Weller (RWGENENUT@aol.com)(Note from Jan Botkin Therkildsen - Beniah is s/o William and Elizabeth Botkin who both died in 1848. Beniah is buried in New Carlisle Cemetery, Clark County, OH. Cemetery record says "Beniah Botkin s/o W. & E., died 7/8/1875 ae 66." He was married in 1856 in Clark County to Elizabeth "Betsy" Botkin, widow of William Botkin, whodied in 1846 and is buried in Black Cemetery. In Beniah's will, he names Elizbeth's 4 children by her first husband William -- Mary Ann Botkin Mock, Elizabeth Botkin Bixler, Morgan Botkin, and Robert Botkin. Beniah's wife Elizabeth died in 1887 and is buried in Black Cemetery with her first husband William.)
Will-The State of Ohio, Clark County (Probate records - Case #A-5080)
TEXT OF WILL & PROBATE DOCUMENT
Be it remembered that heretofore, to wit, on the 17th day of July A.D. 1875, the last will and testament of Beniah Botkin, late of said Clarke County, Ohio, deceased, was produced for probate. Said last will and testament is in the words and figures following, to
Know all men by these presents, ---That I Beniah Botkin of Bethel Township, Clarke County, Ohio, being weak in body but of sound mind and memory do hereby make and publish this my last will and Testament, as follows:
Item 1st---It is my will that all my just debts and funeral expenses be paid out of my estate after my decease.
Item 2nd---I hereby bequeath to my wife Elizabeth in lieu of dower in my land in Clarke County, Ohio, the farm on which we now reside on, being Sixty (60) acres in Bethel Township in said county, being the north part of the N.E. quarter of Section no. seventeen (17) in Township No. three (3) of range no. nine (9)nee, & also one hundred (100) acres in Pike Township in said county being the south part of the S.Ce. qtr of Section no. eighteen (18) of township and range aforesaid, to have and to hold the same during her natural life or so long as she remains my widow. She to pay the taxes.
Item 3rd---I also give to my said wife all the household and kitchen furniture on hand at my decease, and all the cows on hand at my decease to have and to use the same during her widowhood as aforesaid.
Item 4th---I give to my said wife in addition to the foregoing the one equal one half of all the proceeds of all my personal property herein disposed of, including moneys and credits on hand at my decease---also the one half of the proceeds arising from the sale of some seven (7) acres of land in Delaware County in the State of Indiana and adjoining the Town Plat of the town of Muncie in said State to have and to hold the same in her own right.
Item 5th---It is my will and I hereby direct that my Executor hereinafter named shall sell at public or private sale all the personal property on hand not herein disposed of also to sell the Indiana land above named at public or private sale and upon such terms of payment as he may deem best and also to collect all the claims due or owing to me and convert the same into money as soon as the same can reasonably be done, and the moneys arising from such sale and collections to be distributed and divided as follows, to wit--- To my said wife one half of the whole amount, the other half to be divided and distributed as follows---To the heirs of my brother Charles Botkin one share, to the heirs of my sister Elizabeth Winters one share,---the heirs of my brother Joshua Botkin one share---To my brother William Botkin one share---to my brother Joseph Botkin one share---Mary Ann Mock one share---Elizabeth Bixler one share---Morgan Botkin one share;---Robert Botkin one share, making nine shares all of which shall be equal in amount.
Item 6th---It is my will and I hereby direct that my Executor hereinafter named be empowered and is hereby authorized after the death of my said wife or at any time she may consent, to sell at public or private sale the said farm on which we now reside and, as described in the second item of this will and upon such terms of payment as he may see fit and the proceeds thereof shall be divided and distributed as follows:---Charles Botkin's heirs one share---Elizabeth Winters heirs one share---Joshua Botkin's heirs one share---William Botkin one share---Joseph Botkin one share---Mary Ann Mock one share---Elizabeth Bixler one share---Morgan Botkin one share---Robert Botkin one share, making nine shares each of which is to be equal in amount.
Item 7th---It is my will and I hereby direct that the personal on hand at the death of my said wife my Executor shall sell and the proceeds shall bedivided as named in the sixth item of this will.
Item 8th---I hereby nominate and appoint my friend John Meranda of PikeTownship, Clark County, Ohio my Executor of this my last will and Testament, giving him full power and authority to carry out the provisions of the same,giving him full power to execute deeds of conveyance for all real estate by him sold under and by authority of this will.
Witness my hand and seal June 17, 1875
Beniah X Botkin (seal)
Signed, Sealed and acknowledged by Beniah Botkin the testator herein as his last will, in our presence and at his request we have hereunto set our hands as witnesses to the same, June 17, 1875.
John R. Ulery
and afterwards to wit, on the said 17th day of July in the year first aforesaid the testimony of John R. Ulery and Joseph Ulery the subscribing witnesses to said last will and testament was taken in open court, reduced to writing and filed herein---Said testimony is in the words and figures following to wit.
State of Ohio, Clark County, Court of Probate, July 17, 1875--- Be it remembered, That on this day personally appeared before the Judge of said Court, John R. Ulery and Joseph Ulery the subscribing witnesses to the last will and testament of Beniah Botkin, late of said county, deceased, who being of lawful age and duly affirmed depose and say that they were present at the execution of said will; that they saw the 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 age, of sound and disposing mind and memory, and not under any restraint and that they signed the same as witnesses in the presence of said Testator and at his request.
John R. Ulery
affirmed to and subscribed this day and year first above written, before me, E. S. Dial Judge of said court. and afterwards to wit, on the said 17th day of July in the year 1875, the Judge of said court made and entered upon the journal there of the following entry and order herein, to wit, The last will and testament of Beniah Botkin, late of Clark County, Ohio, deceased, having been on the 17th day of July A.D. 1875, presented for Probate, there upon said will was duly proven by the oaths of John R. Ulery and Joseph Ulery, subscribing witnesses thereto, who were duly affirmed and examined in open court, and their testimony was reduced to writing and filed by order of the court; and it appearing to the court from the testimony of said witnesses that such will was duly attested and executed, and that theTestator at the time of executing the same, was of full age and of sound mind and memory, and not under any restraint---it is now here ordered that said will be admitted to Probate and filed and that the same together with the testimony herein so taken and reduced to writing as aforesaid be recorded. E. S. Dial Judge of Probate.