KELLY, CATHARINE (submitted by Pam in the past)

from FHL film #0466666 Clark County Ohio Probate Court ,will records 1819-1855

Will of Catharine Kelly, deceased

Court of Probate of the County of Clark in the state of Ohio holden at the office of the Judge of said court in Springfield, before James S. Halsey Judge of said court.

Be it remembered that in the sixteenth day of July in the year of our Lord eighteen hundred and fifty three, the last will and testament of Catharine Kelly Sen. deceased was produced before said court for probate, which last will and testament is in words and manner following to wit:

In the name of the Benevolent Father of All I Catharine Kelly of Clark County in the State of Ohio, do make and publish this my last will and testament.

-Item- I give and devise unto my daughter Catharine Kelly Jun two beds and bedding and bed steads-also one sett of windsor chairs-Also the carpet now on the floor, Also one cooking stove and all the kitchen furniture-and also all the cupboard ware-Also one fallen leaf table and one stand. I also bequeath to her the said Catharine, my two cows, also all the money I may have at my death. If however she should die before me or Samuel Kelly herein after mentioned- It is my will that the above named devised property be vested in the said Samuel, If however the said Samuel Kelly should not survive Catharine it is my will that she do with the above devised property as she please.

-Item- Also I give and bequeath unto my son Samuel Kelly one bed and bedding and bed stead-to him and his heirs forever. I hereby request that my daughter Catharine shall if she survives, if not Samuel pay all my just debts and funeral  expenses out of her portion that I bequeath her. I do hereby revoke all former wills by me made- I hereby appoint my friend James Bogle my executor In testimony I have hereunto set my hand and seal this 8th day of January in the year 1850.

Catharine Kelly X Her Mark

Signed and acknowledged by said Catharine Kelly as her Last will and testament in our presence and signed by us in her presence  H.B. Budd    A.H. Miller     S. Miller

And on the same sixteenth day of July in the year eighteen hundred and fifty three aforesaid, the testimony of Simeon Miller and Alexander H. Miller two of thesubscribing witnesses to said will was taken reduced to writing and filed, which testimony is as follows, to wit: "State of Ohio, Clark County Court of

Probate July 16, 1853. Be it remembered that on this day personally appeared before me the judge of said court Simeon Miller one of the subscribing witnesses to the last will and testament of Catharine Kelly deceased, who being duly sworn deposeth and saith that he was present at the execution of the paper now exhibited to us purporting to be the last will and testament of the said Catharine Kelly deceased. That the name of said testator was signed to said paper by Henry B. Budd at her request, and that he saw her make her mark to said signature, that at the time of executing such paper as aforesaid she acknowledged the same to be her last will and testament, that she was then of full age, that she was of sound and disposing mind and memory, that she executed the same of her own free will and was not under any restraint, that at the same time defendent signed his name to said paper as a witness in the presence of said testatrix and at her request. Cross examined by Mr. Hunt for Thomas Kelly I lived one mile from Mrs. Kelly at the time of the execution of the will, was at her house every few days, was there an average once in two weeks for the five years previous to the execution of said will: had lived within a mile of her about twenty three years, my business in visiting once in two weeks was neighborship. At the time the will was executed she lived with her children. They all lived together in one house. She occupied two rooms at different times. The room she occupied at any one time was used as a common sitting room of the family. She was confined to her bed about nine years before her death, she was unable to get out of her bed without help during that period. Her limbs were afflicted, I went there to see the family. The family consisted part of the time of Catharine, James, Samuel and old Mrs. Kelly. My visits were both in the evenings and daytime. I usually spent my time in the room with Mrs. Kelly the testatrix, she and I conversed frequently during those visits on various subjects. We once talked upon the subject of the family. She asked how our family were. I answered they were well, I asked how they were she said about as usual. She was in the habit of writing(?) in conversations held in her presence in the room where she lay. I saw Squire Budd write the name of Catharine Kelly, in signature to the will. She was sometimes a little hard of hearing-generally she was not so. She had spells of being hard of hearing, though at no time was she very hard of hearing. Every time I went there I went in tospeak to her. Mrs. Kelly sent for me the time I went over when the will was signed.Samuel Kelly went for me and both he and Mrs. Kelly told me she had sent for me. I was at home when she sent for me. When I went over I found Mr. Budd and Mrs. Kelly there. No one else was in the room except my brother who went with me. None of the family was present but Mrs. Kelly. I went in and spoke to Mrs. Kelly and asked what was wanting. she said she wanted me to witness her will, I said I would do it if it was her request. I sat down and put my name there. I then went home. I was there about a quarter of an hour. My brother and I left the house together. This was the last I saw of Mrs. Kelly that day. This was done after dinner. I think what I have related was all that was said about the will when I was there. I have reason to think she was then of sound mind, because I knew it. I never heard the will read. She was in bed when I went into the room. Squire Budd was sitting at the stand-which was setting about four feet from her. She said to me that she wanted me to witness her will. I immediately did so. I saw my brother sign it and also Squire Budd. They signed it before I did, and I saw them do it. Saw Squire Budd sign her name. It was signed about the time that she requested me to witness it. She could not write herself-She had the palsy. It was not removed from the stand after I went in before I signed it as a witness as I recollect of.  I state this fact with the same confidence that I do the other facts which I have stated. The witness saw her make her mark to the signature. The stand was moved up to the bed to enable her to doso. She was raised up in her bed when she did so. Her mark was put there before I signed it. It was also put there before Squire Budd signed it. I know Squire Budd wrote the will because he told me he did. I did not see him write it.

Reexamined by Mr. Goode for executor: I was in the habit of calling to see Mrs. Kelly when I visited there, she generally talked about neighborhood affairs when I was there. She generally joined in the conversations that were held by the family in the room where she was upon what ever subject was talked about. Never saw or heard her say anything in these conversations that led me to believe she was not in her right mind. She lived after the death of James in the same family as Samuel and Catharine.

Question by Mr. Hunt She could talk so as to be understood distinctly at the time of her executing the will.signed Simeon Miller

At the same time came Alexander H. Miller who being of lawful age and duly sworn deposeth and saith I was present at the time of the execution of the last will and testament of Catherine Kelly deceased. I saw Squire Budd write her name at the end of said will at her request and saw her make her mark to said signature. I heard her at the time of signing the same acknowledge the same as her last will and testament, she was then of full age, I believe she was of sound and disposing mind and memory and not under any restraint. The signature purporting to be mine affixed to said will is mine. I signed it in her presence and at her request.

Cross examined by Mr. Hunt for Thomas Kelly I never heard will read. It wasn't read at the time of it's execution. Did not see it written I saw the name of Catharine Kelly written to the will. Mr. Budd wrote it. I went over with my brother when he went to witness it. I was there every once in awhile probably for over fifteen years previous to the execution of the will, on an average of once a week. I always conversed with her when I went into the house. When I first went in to witness the will I asked her what she wanted with me. She said she wanted me to witness her will. I believe she said this before her name was signed to the will. I saw her make her mark with a pen. They had a kind of prop fixed for her to set up in her bed and she sat then propped up when she made her mark. She leaned over far enough for her to make her mark while it lay on the stand She was so she would see me sign it when I did so. Samuel Kelly was not in the room. I don't know what he was doing when it was done. He generally did most of the cooking that was done. Don't think her mind was at all affected by her sickness. She was somewhere in eighty years of age-maybe upwards-when she executed the will. All I recollect about her saying that said paper was her will was that she asked me to witness her will. These may not be the exact words but they are the substance. I think she used the word will.

signed Alexander H. Miller

Sworn and subscribed before us July 16 1853 J. S. Halsey Judge of Probate And thereupon, on the day and year last aforesaid, the said court caused the following entry to be made on it's probate journal, to wit: The last will and testament of Catharine Kelly Sen. late of Greene Twp, Clark county, deceased, having been produced for probate and proven by the oaths of Alexander H. Miller and Simeon Miller two of the subscribing witnesses, whose testimony was reduced to writing and filed: and it appearing to the court that said will was duly executed and attested and that said testatrix at the time of the execution thereof was of full age, of sound and disposing mind and memory and not under any restraint: it is ordered that said will be admitted to probate and that the same and the testimonies of said witnesses be recorded. And thereupon James Bogle the executor in said will named appeared before the

court accepted said trust and entered into a bond in the penalty of sixteen hundred dollars, conditioned as law directs with Samuel Barnett and Samuel Kelly his sureties, to the acceptance of the court. And it is ordered that John Hinkle, Andrew Gowdy, and Elijah Stewart be appointed appraisers of said estate.


J.S. Halsey Probate Judge

(spelling and puncuation were left as in original)