March 10, 1821 Will of Brittain Oxley; June 31, 1821 Proof of Will

Letters of Testamentary on the Estate of Brittain Oxley decd.

At a Court of Common Pleas begun and held at St. Clairsville in and for the County of Belmont on the twenty-third day of July AD 1821 before the honorable Benjamin Tappan Esquire President and Edward Bryson, John Wiley and Joseph Anderson Esquires associate judges of said Court:

The Last Will and Testament of Brittain Oxley late of the County aforesaid deceased was produced into Court by the executors therein named and proved and established by the affirmations of Thomas Wilson and Henry Sidwell the subscribing witnesses thereto and ordered to be recorded and the Court do order that Letters Testamentary ?do issue to John Oxley one of the Executors in the said Last Will and Testament named and the Court do appoint Henry Sidwell, George Atkinson and Abner Wells appraisers to appraise the personal estate of the said deceased. Executor sworn in open Court.

The State of Ohio

Belmont Count

?Seal

I Ezer Ellis Clerk of the Court of Common Pleas in and for the County of Belmont to John Oxley one of the Executors names in the Last Will and Testament of Brittain Oxley late of said County deceased and hereunto annexed. Whereas the said Brittain Oxley died leaving a last will and testament wherein you the said John Oxley are appointed executor thereof; and the said Last Will and testament being proved and approved by the Court I Ezer Ellis Clerk as aforesaid do by these presents and by order of said Court commit unto you full power and authority over all and singular the goods and chattles rights and credits monies and effects of the said deceased, well and faithfully to dispose of the same according to the said Last Will and Testament as also to ask gather receive and recover every debt and credit whatsoever of the said deceased which to him whilst he lived and at the time of decease did appertain - and also to pay and discharge all and singular the Debts dues and demands which the said deceased at the time of his death (including his funeral expences) stood found to pay according to the Laws of this State so far as his goods and chattles rights and credits monies and effects come to your hands will extend - and for that purpose you are to call on each credit of the deceased by public advertisement to exhibit to you their several lawful claims within one year from this date you are also to make out a true and perfect Inventory of all and singular the goods and chattles rights and credits monies and effects of the deceased and have the same appraised by Henry Sidwell, George Atkinson and Abner Wells appraisers appointed by the Court and exhibit the same into our Court of Common Pleas at the next term. And you are also to return a true and perfect account of your administration upon oath or affirmation within one year from this date - In Testimony whereof I have hereunto set my hand and affixed the Seal of the said Court at St. Clairsville the thirty first day of July in the year eighteen hundred twenty one. Ezer Ellis Clk

Know all men by these presents that I Brittain Oxley of the Township of Colerain Belmount County Ohio being weak in body but of a sound and disposing mind and memory do make and ordain this to be my last will and testament ?astouching my outward estate in form following to wit. First I direct that my hereafter named executors pay all my just debts and funeral expences; I give to my wife Elizabeth the sum of sixty dollars also her choice of a bed & suit of beding sufficient for sumer & winter and also a side saddle; and during her widowhood her choice of a ?com to be kept; and such parts of my household and kitchen furniture as she may deem proper to be taken out of the sixty dollars above mentioned; she shall have free agress and regress on all ocations about the house priveleges of the outhouse and a third part of the garden; and shall be found ten bushels of wheat and ten bushels of Indian Corn and one-hundred & fifty weight of poark anuly - I give and devise unto my daughter Mary Dilmer (?or Dilmen) out of my personal estate the sum of sixty dollars to be paid her in five years from my decease- I give unto my Daughter Bethany Cramlet out of my personal estate the sum of sixty dollars to be paid in five years after my deceace; I give unto my daughter Ann Argo in addition to what she has had the sum of eight dollars to be paid as above - I give also to my grand(?son) Brittain Dilmen the sum of twenty dollars out of my personal estate to be paid as above; I give to my three grand children children of my daughter Patience Windeyarn the sum of Ten dollars to be equally divided between them as above the payment; and the remainder of my personal estate not before disposed of I leave to my son John two thirds; and to my son Everet the remainder; and all my landed estate whereon I now live It is my will that my son John shall have the same for the term of five years from my deceace at the expiration of said term it is my will that it shall be equally divided in value between my son Everet and my son John each paying annuly my wife Elizabeth during her widowhood the sum of ten dollars - I appoint my two sons Everet and John my executors - Given under my hand this tenth day of March in the year of our Lord one thousand eight-hundred and twenty one Brittan Oxley (seal) Witness present Thomas Wilson Henry Sidwell, The State of Ohio, Belmont County

I Ezer Ellis clerk of the Court of Common Pleas in and forsaid County do hereby certify that the foregoing is a true transcript of the last will and Testament of Brittain Oxley deceased as proven in Court remaining of record in my office. In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court at St. Clairsville the 31^st day of July AD 1821

Ezer Ellis clk