Sept 9, 1830 Will of Elizabeth Oxley (2^nd wife of Brittain Oxley); Proof of will March 21, 1831

The Last Will and Testament of Elizabeth Oxley deceased.

In the name of God Amen, I, Elizabeth Oxley of Belmont County in the State of Ohio being very wick and weak in body but of sound mind, memory and understanding blesed be God for the same but considering the certainty of death and the uncertainty of time thereof and being desirous to settle my worldly afaire and thereby be the better prepared to leave this world when it shall pleas God to call me hence do therefore make and publish this my last will and testament in manner and form following, that is to say,- Firs and principally I commit my soul into the hands of almighty God and my body to the earth to be buried in a decent Cristian like maner at the discretion of my executor herein after named, First and principally after my just debts and funeral expences are fully paid, I dispose and bequeth the residue of my worldly estate wherewith it hath pleased God to bless me in this life in the manner following to wit, I bequeath to my neese Susanah Harrison my bedsted that I now lye on, my twilled bed, two pillows, two blankets, two sheets, one flannel bed cover, and one callico bed cover, and also my Borough - and what flax lennen cloth and thread, lincy cloth ?ve. What remains after my deceased I bequeth to my beloved Mother and the aforesaid Susanah Harrison. I bequeath to my nesse Susanah Nosburgh one new blanket, and one fine sheet - I bequeath to my three Sisters Polly K?ron, Sarah Selby and Jane Nosbargh all my wearing aperril of whatever discription- I bequeath to Elizabeth Oxley daughter of Everit Oxly all the remainder of my beds and bedclothing- and all my other property of whatever name or discription I give and bequeath to my beloved Stepson Evert Oxley and lastly I nominate, constitute and apoint the aforesaid Evert Oxley to be the Executor of this my last will hereby revoking all other wills legacies and bequests by me heretofore made, and declairing this and no other to be my last will and testament-In witness whereof I have here unto set my hand on a set this ninth day of September in the year of our Lord one thousand eighteen and thirty. Elizabeth Oxley (her mark) (seal)

Signed sealed, published, pronounced and declared by the said testator to be her last will and testament in the presence of us who in her presence and at her request have subscribed as witnesses Thomas Major ?Sen and John Major ?Swns

Proof of the foregoing Will

The State of Ohio Belmont County

I Peter Tallman Clerk of the Court of Common Pleas of said County, begun and held in the town of St. Clairsville on Monday the 21^st day of March 1831. The within document purporting to be the last will and testament of Elizabeth Oxley deceased being brought into Court and Thomas Major ?Sen. And John Major (?Sen. The subscribing witnesses to said will being duly and ?severally sworn and examined in open Court touching the execution of said will..severally say that they each subscribed the said Will as Witnesses in the presence of Elizabeth Oxley the testatrix, that they heard her acknowledge that she signed it as her last will and Testament. And they were each present at the time and seen her sign her name thereto. That they each believed her to be of sound mind and memory when she executed the same of full age and not under any restraint.

And the Court being satisfied by the testimony of said witnesses that the within is the true last Will and Testament of the said Elizabeth Oxley deceased duly executed, and that at the time of executing the same she was of full age, of sound mind and memory and not under any restraints did order that the Clerk record the same and the testimony of said witnesses to prove the same. In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at St. Clairsville this 29^th day of March AD 1831 Peter Tallman Clerk

Letter Testamentary on the Estate of Elizabeth Oxley

The State of Ohio Belmont County

Peter Tallman Clerk of the Court of Common Pleas of said County to Everet Oxley Greeting. Whereas Elizabeth Oxley late of said County deceased died leaving a last will and testament (an authentic copy of which is hereunto annexed) wherein the said Evert Oxley is appointed Executor thereof. And whereas out said Court of Common Pleas at March term 831 being satisfied by the testimony of Thomas Majors Sen. And John Majors Sen. The subscribing witnesses thereto that the said last will and testiment was duly executed, and that the said Elizabeth Oxly deceased was at the time of executing the same, of full age, sound mind and memory and not under any restraint did order that the Clerk record the same, and whereas you the said Evert Oxly was in open court on the 31^st day of March Ad 1831 duly sworn as executor of this last Will and Testament.

Now therefore know ye that the said Court do by these presents give unto you full power and authority over all and singular the goods and chattles, the credits, moneys and effects, which were of the said Elizabeth Oxley deceased, will and faithfully dispose of the same according to her said last Will and Testament and agreeable to the act defining the duties of Executors and administrators as also to ask, demand, sue for, recover and collect all and every debt and credit, whatsoever of the said deceased which to her whilst she lived and at the time of her death did appertain.

You are also to discharge and pay all and singular the debts, dues, and demands which the said Elizabeth Oxley at the time of her death to be found to pay according to the laws of this State including the espences of the last sickness, funeral charges and costs of Administration, so far as her goods and that the rights credits moneys and effects come to your hands will extend. And, what purposes you are to call on each creditor of the said deceased by publish advertisement to exhibit to you when several lawful claims within one year from this date.

You are further to make out a true and perfect inventory of all and singular the goods and chattles of the said deceased, so far as they shall come within your knowledge and cause the same to be appraised by and on the ?vated and solumn affirmation of Thomas Smith, Elish Sidwell and Elish Kirk appraisers appointed by our said Court to perform that duty, and return the same Inventory and appraisements together with a correct schedule of the rights, credits and moneys of the said deceased to the office of the Clerk of said Court within three months from this date.

You are also to make out a true and accurate account of your administration and present the same for final settlement to our said Court within eighteen months unless further time is allowed by said Court for that purpose in the making out of which said account you will govern yourself by the instructions contained in the rules of this court. No 61, 62 & 63 hereunto annexed.

And further you re to do and perform all and whatever maybe necessary to be done in and about the premises for the complete and ?spewly settlement of the Estate of Elizabeth Oxly deceased, according to Law, and agreeably to her last Will and Testament of which you the said Everet Oxley by these presents and by order of said Court only appointed and constitute an Executor.