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- Last Will and Testament of Stephen Sutton I, Stephen Sutton of the Co of Hamilton in the state of Ohio do make and publish this my last will and testament in manner and form following that is to say,
FIRST, it is my will that my just debts and funeral expenses be fully paid.
SECOND, I give advise and bequeath to my beloved wife Deborah Sutton the whole amount to which she would have been entitled to if this my will had not been made to use the same in a proper manner for her comfort and convenance for and during her natural life and at her death should there be any remaining to be equally divided among my sons and daughters.
THIRD, It is my will that my son Tingley Sutton on the payment of $75 to my estate shall have a deed in fee simple for the house and lot in Newtown on which he now resides and should the said Tingley find it inconvenient to pay the forementioned sum he may receipt to my executors for the same in part of his legacy should he refuse or neglect to do either then same house and lot to be equally divided among my children as hereinafter provided.
FOURTH, I give, bequeath and advise to grandson Stephen Stewart, s/o my daughter Elizabeth the sum of $150.
FIFTH, I give to my granddaughters Hannah and Sarah Stewart, daughters of my daughter Elizabeth the sum of $50 each said sums to be paid to each of them that is to say, Stephen, Hannah, Sarah Stewart, on their arrival of age, otherwise when the said Stephen Stewart shall arrive at the age of twentyone years, and the said Hannah and Sarah Stewart when they shall have arrived at the age of eighteen years respectively.
SIXTH, I give, bequeath and advise the residue of my estate both real and personal, I give to my sons and daughters, Tingley Sutton, John Sutton, Hannah Sutton (now Hannah Mears), Stephen Sutton, Nancy Sutton (now Nancy Anderson), Harvey Sutton and Harriet Sutton, to be equally divided between them, on share and share alike, to them and their heirs forever,
and lastly, I hereby constitute and appoint my friend and neighbor, Stephen D Williamson and John H. Gerard, Executors of this my last will and testament, revoking and annulling all others, and satisfying and confirming the same.
In testimony, I have hereunto set my hand and seal this 1st day of June, AD 1839. Stephen Sutton
Signed, published and declared by the above Stephen Sutton as and for his last will and testament in presence of us, who at his request have signed as witness to the same. James Gallagher, Southwell Royce
Will probated and admitted to record 10/5/1846
Common Pleas action.
Plaintiffs: Tingley Sutton, Stephen J. Sutton, William E. Mears and Hannah Mears, his wife versus Defendants: Deborah Sutton, widow, Harvey Sutton, Harriet Sutton, Mary Todd and Todd, her husband, grandchildren; George K. Sutton, Adeline Sutton, Harriet Sutton, and Samuel Sutton, children and heir-at-law of John Sutton, deceased.
4/6/1847: Petition for partition filed.
6/30/1847: Partition ordered.
7/14/1847: Order of Partition issued.
7/29/1847: Return of commissioners.
11/19/1847: Partition confirmed:
Lot 1, 14 acres, to Stephen Sutton
Lot 2, 13 2 acres, to Tingley Sutton
Lot 3, 14 2 acres, to Harvey Sutton
Lot 4, 10 acres, to children of John Sutton
Lot 5, 14 acres, to William E. and Hannah Mears
Lot 6, 14 acres, to Harriet Sutton
Lot 7, 14 79/100 acres, to Deborah Sutton, widow as her dower. (State of Ohio, Hamilton Co, Court of Common Please, Hamilton Div. Will Book 10, p29, Probated 10/5/1846)
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