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From: <>
Subject: Will of Absolom W. Nicholas, Montgomery County, OH, 1871
Date: Fri, 04 Jun 1999 15:52:02 -0400

Absolom W. Nicholas was the son of Abraham Nicholas and Mary Westfall.
He was born Aug. 16, 1828, and died September 22, 1871, in Dayton,
Montgomery County, OH.

ABSOLOM W. NICHOLAS WILL

Be it remembered that heretofore in the Probate Court in and for the
County of Montgomery and State of Ohio to wit: on the 30th day of
September A.D. 1871, there was presented for probate and admitted
thereto the last Will and Testament of Absolom W. Nicholas late of this
County deceased and with the Testimony ordered to be filed and recorded
and the same is in the Words and figures following to wit:

"In the name of the Benevolent Father of all,

I, Absolom W. Nicholas of the County of Montgomery and State of Ohio,
being of sound mind and memory, considering the uncertainty of this
life, do make, constitute, publish, and declare this to be my last Will
and Testament. That is to say:
First I desire that all my just debts shall be paid as they become due.
Item 2nd I do hereby give and devise unto my beloved Wife Mary Ann
Nicholas to be held and enjoyed by her during the time that may exist
and expire between my decease and the time when my youngest child shall
become of age. The following described real estate to wit: Being my
farm of one hundred acres, be the same, more or less, lying and being in
the Township of Jefferson County of Montgomery and State of Ohio, and
being the same lands conveyed to me by Absolom Westfall by Deed dated
March 25th 1862 and being Recorded in Book N.N.3, Pages 69 to 70 of the
Records of said County and State.
Item 3rd When my youngest child living at that time becomes of page,
then it is my desire that said premises and any and all Real or personal
property shall be sold and equally divided between all my children. My
said wife receiving her third as allowed by law.
Item 4th In case that after or before the above named division shall
have been made any of my children should marry and having heirs should
die leaving said heirs, in that case said share belonging to my child &
heir, shall go to his or her Heir or Heirs, and if said Heir or Heirs
should die and leave no heir or heirs then and in that case, their share
of my property hereby devised to them, shall go to and return to my
other heirs, being their Brothers or Sisters.
Item 5th Provided that in case that my said Wife Mary Ann Nicholas
shall cease to be, and shall not remain my Widow, and shall marry again,
then and in that case and at that time, it is my Will and desire that my
said premises shall be sold and divided as above named, if it shall be
sooner and before the time mentioned when my youngest child shall become
of page.
Item 6th I desire the Probate Court of Montgomery County above named to
appoint a Guardian for my children at any time when it shall become
necessary to do so.
Item 7th If my said Wife Mary Ann Nicholas shall remain my Widow and
remain on said above described premises as long as that shall exist, I
desire no sale made of any of my personal Estate, unless it should
become necessary to make such sale to pay debts which I may owe, then
and in that case, I desire that personal property as might be required
should be sold, and this power to sell personal property I do hereby
extend to my said Wife at any time during the existence of the above
named qualifications with relation to herself, excepting that timber on
my said premises I do not desire sold for any purposes, unless sold with
the premises as above provided.
Item 8 I do hereby appoint my beloved Wife Mary Ann Nicholas Executrix
of this my last Will and Testament, Provided that if she my said Wife
should become disqualified by marriage as above named before my youngest
Child shall become of age, then and in that case, I do hereby appoint my
brother, Joseph H. Nicholas, as Executor of this my last Will and
Testament to commence at the time of the disqualification of my said
Wife as Executrix as above named.

In Witness whereof I have hereunto subscribed my Name and affixed my
seal on this 19th day of September A.D. 1871.
Absolom W. Nicholas (seal)

The above written Instrument was subscribed by the said Absolom W.
Nicholas in our presence and acknowledged by him to each one of us, and
he at that same time declared the above instrument so subscribed to be
his last Will and Testament, and we at the Testators request, and in his
presence and in the presence of each other, have signed our names as
Witnesses hereto and written opposite our names our respective place of
Residence.

David E. Holderman Jefferson Township, Montgomery
County, Ohio
Jacob Caylor Jefferson Township, Montgomery
County, Ohio

Afterwards in said Court to wit: on this 30th day of September A.D.
1871, the testimony of the subscribing Witnesses to the said last Will
and Testament of Absolom W. Nicholas deceased was taken and reduced to
writing and filed with said Will and the same is in the Words and
figures following to wit:

The State of Ohio, Montgomery County, Montgomery Probate Court.
Personally appeared in open Court, David E. Holderman and Jacob Caylor,
the subscribing witnesses to the last Will and Testament of Absolom W.
Nicholas, who being duly sworn according to law to speak the truth, the
whole truth, and nothing but the truth, in relation to the execution of
said Will, depose and say, that the paper before them purporting to be
the last Will and Testament of Absolom W. Nicholas deceased, is the Will
of said deceased. That they were present at the making of said Will,
and at the request of the Testator subscribed their names to the same as
witnesses in his presence and in the presence of each other, that they
saw the said Absolom W. Nicholas now deceased sign and seal said Will,
and heard him acknowledge the same to be his last Will and Testament,
that the said Absolom W. Nicholas at the time of making, signing, and
sealing said Will, was of legal age and of sound mind and memory, and
under no undue or unlawful restraint whatsoever, as they verily believe.

David E. Holderman Jacob Caylor

Sworn to and subscribed in open Court, this 30th day of September 1871.
Dennis Dwyer, Probate Judge

And afterwards in said Court to wit on the 30th day of September 1871.
This day the last Will and Testament of Absolom Nicholas late of this
County deceased was presented for probate in this Court and the
Testimony of David E. Holderman and Jacob Caylor, the subscribing
witnesses to said last Will and Testament, was in open Court taken and
reduced to writing and the Court being satisfied from said Testimony
that the said Absolom W. Nicholas deceased at the time he executed said
last Will and Testament was of legal age and of sound and disposing mind
and memory and under no undue or unlawful restraint. It is order that
said last Will and Testament be and the same is hereby admitted to
probate and with said Testimony is ordered to be recorded.

Thereupon came Mary Ann Nicholas Executrix named in said last Will and
Testament and accepted the trust of Executrix. Wherepon the Court
ordered her to enter into a Bond to the State of Ohio in the sum of
Fifteen Hundred Dollars conditioned according to law, which she did with
Absolom Nicholas and David E. Holderman as Securities approved by the
Court. David Holderman, Jacob Caylor, and John Hiser were Appraisers
and Letters Testamentary issued.

Whereupon came into the Court Mary Ann Nicholas Widow of said Absolom W.
Nicholas deceased, and the judge having explained to her her rights
under the Will and under the laws of the State, she elected to take
under the Will in lieu of Dower, which is entered of record accordingly.

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