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Note: Will of Alexander Franklin - In the name of the Benevolent Father of all; I Alexander Franklin of Marion Township in the County of Noble and State of Ohio do make and publish this my last will and testament: Item 1st. I give and devise to my beloved wife Mary Franklin in lieu of her dower all my real and personal estate of every kind whatsoever during her natural life including moneys credits and choses in action every kind whatsoever during her natural life as aforesaid She however selling so much of the personal estate aforesaid as may be sufficient to pay my just debts. At the death of my said wife Mary Franklin the real estate aforesaid and such part of the said personal estate or the proceeds thereof as may then remain unconsumed and unexpended I give devise. First to my son John A. Franklin and the heirs of his body and their heirs and assigns forever the following premises situate in the county of Noble in the State of Ohio and in the late District of lands subject to sale at Zanesville Ohio and bounded and described as follows: The West half of the South West quarter of Section Twelve in Township Seven of Range Eight: Except therefrom (about one or one and one half acre more or less off of the South East part of said tract of land it being that part of said tract of land lying and being on the South side of the State Road and divided from the remainder of said tract or parcel of land by the present State Road.) also the North half of the South East quarter of Section Eleven in Township Seven or Range Eight: Except therefrom (about Forty three acres off of the West part thereof sold and Deeded by said Alexander Franklin to John Franklin reference to which said Deed is here made for a more full and particular description) Also Forty acres more or less off of the East part of of the South half of the South East quarter of Section Eleven in Township Seven of Range Eight commencing for the same at the South East corner of Said Section Eleven running Thence Seventy Eight Rods to a Stake Thence running Eighty two Rods to a stake Thence running Seventy Eight Rods East to a Dogwood thence Eighty two Rods to the place of beginning as aforesaid containing Forty acres be the same more or less conveyed to said Alexander Franklin by John Franklin and Mary Franklin his wife by Deed dated the "Twentieth day of September in the year of our Lord one thousand eight hundred and thirty" Also Seventeen acres two quarters and and twenty two perches more of less; being the North West corner of the East half of the South West quarter of Section twelve in Township Seven of Range Eight agreeably to the United States Warrant Deed made to William Osborne and his heirs forever and conveyed to said Alexander Franklin by William Osborne and Sarah Osborne his wife by Deed dated the "Ninth day of December in the year of our Lord Eighteen hundred & thirty one" and therein further described as "Within bounds of the lines of the present survey it being cornered lined staked & blazed" Except therefrom (three acres sold and Deeded off of said tract of land by said Alexander Franklin to Earhart & Rowud reference to which said last named Deed is here made for a more particular description): Which said lands are conveyed by me to said John A. Franklin and the heirs of his body and their heirs and assigns forever from and after the death of myself and my wife Mary Franklin or the survivors of us; By Deed of even date herewith. Second - to my Daughter Rosanna P. Gulick and the heirs of her body and their heirs and assigns forever the following premises situate in the County of Noble in the State of Ohio and in the late Zanesville land District and bounded and described as follows: The South West quarter of the North East quarter of Section Thirteen in Township Seven of Range Eight also the North East quarter of the North West quarter of Section Thirteen in Township Seven of Range Eight containing in all Eighty one acres and five hundredths of an acre more of less; Which said lands are conveyed by me to said Rosanna P. Gulick and the heirs of her body and their heirs and assigns forever from and after the death myself and my wife Mary Franklin or the survivor of us: By Deed of even date herewith Third - To my Daughter Elisabeth R. Franklin and the heirs of her body and their heirs and assigns forever the following premises situate in the County of Noble in the State of Ohio and in the late District of lands subject to sale at Zanesville Ohio and bounded and described as follows; A part of the North East quarter of Section Fourteen and a part of the North West quarter of the North West quarter of Section thirteen in township Seven of Range Eight: begining for the same at the North Wet cornere of the North East quarter of the North East quarter of said Section Fourteeen running thence South Eighty nine and one fourth (89 1/4 deg. East along the Section line Twenty and ninety two hundredths (20, 92) chains to the North East cornere of said Section Fourteen, Thence South Eighty nine and one fourth (89 1/4) deg. East along the Section line Twenty and Sixty four hundredths (20, 64) chains to the North East corner of the North West quarter of the North West quarter of said Section thirteen, Thence South one half (1/2) deg. West Eleven and Seventy four hundredths (11, 74) chains, Thence South Sixty Eight (68) deg. West Four and fifty eight hundredths (4, 58) chains. Thence South forty four (44) deg. West Three and ninety eight hundredths (3, 98) chains, Thence South fifty four and one-half (54 1/2) deg. West Two and fifty five hundredths (2, 55) chains, Thence South seventy-five (75) deg. West Eight and fifty seven hundredths (8, 57) chains to the South line of said North West quarter of the North West quarter of said Section Thirteen, Thence North Eighty nine and one fourth (89 1/4) deg. West Four and nine hundredths (4, 09) chains to the South West corner of said North West quarter of the North West quarter of said Section Thirteen. Thence South Sixty four and three fourth (64 3/4) West Three (3) chains to a stake, Thence South Sixty eight and one hald (68 1/2) deg. West Nine and fifty seven hundredths (9, 57) chains to a stake, Thence South Sixty four and three fourth (64 3/4) deg. West Nine and seventy hundredths (9, 70) chains to a stake a Walnut 10in North Forty (40) deg. East Seventy two and one half (72 1/2) links. Thence North three fourths of A deg. East Seven and Seventy five hundredths (7.75) chains to the South West corner of the North East quarter of the North East quarter of said Section Fourteen Thence North three fourths of a deg. East Twenty and Twenty five hundredths (20.25) chains to the place of beginning containing Eighty six acres and forty six hundredths of an acre more or less. Also about one or one and one half acre more or less off of the South East part of the West half of the South West quarter of Section Twelve in Township Seven of Range Eight it being that part of said tract of land lying and being on the South side of the State Road and divided from the remainder of said West half of said quarter Section by the present State Road: Which said lands are conveyed to me to said Elizabeth R. Franklin and the heirs of her body and their heirs and assigns forever from and after the death of myself and my wife Mary Franklin or the survivor of us by Deed of even date herewith: Also I devise and bequeath unto my said Daughter Elizabeth R. Franklin and the heirs of her body as aforesaid Five hundred dollars to be paid within eighteen months from the decease of my said wife Mary Franklin. Fourth - to my Daughter Violet Summers and the heirs of her body Fifteen hundred dollars to be paid within Eighteen months from the decease of my said wife Mary Franklin. Fifth - to my Daughter Mary W. Mason and the heirs of her body one thousand Five hundred dollars to be paid within Eighteen months from the decease of my said wife Mary Franklin. Sixth - to my Daughter Margaret Lammax and the heirs of her body one thousand dollars to be paid within Eighteen months from the decease of my said wife Mary Franklin. It is further my will that if I should advance to my said Daughters Elizabeth R. Franklin Violet Summers Mary W. Mason and Margaret Lammax or either of them or their heirs during my life in money or land the said sum of money herein severally devised to them or any part thereof then I devise and bequeath that my said Daughters Elizabeth R. Franklin and the heirs of her body Violet Summers and the heirs of her body Mary W. Mason and the heirs of her body Margaret Lammax and the heirs of her body shall receive but such sum of money at the time aforesaid as shall when added to such sum as may be advanced by me during my life make an amount equal to the devise herein to them severally bequeathed. Seventh - I devise and bequeath unto my said son John A. Franklin and the heirs of his body such part of said real estate and such part of the said personal estate aforesaid not herein specially bequeathed or the proceeds thereof as may remain unconsumed and unexpended after paying the said sums of money herein devised and bequeathed or such part thereof as shall not be advanced as aforesaid by me during my life and the just debts and funeral expenses of my said wife Mary Franklin. If however either of my said children aforesaid should die before the decease of my said wife Mary Franklin leaving no child or children liveing at the decease of my said wife Mary Franklin then the share of said property above devised to such deceased child is hereby devised and bequeathed to be equally divided between such of my said children and the heirs of their body as may survive my said wife Mary Franklin or who may have deceased leaving children living at the decease of my said wife Mary Franklin If my said wife Mary Franklin should not survive me then I devise and bequeath the property aforesaid devised in manner aforesaid to my said several children and the heirs of their body as aforesaid to take effect from my decease and to be paid within the same time after my death as herein devised and bequeathed to take effect from the decease of my said wife Mary Franklin. Item 2nd. I devise and bequeath that if any of my said children or their heirs shall institute any suit or legal proceedings to set aside or annul the validity of this my last will and testament then such child or children or their heirs shall not receive any part of my real or personal estate whatsoever but the share herein devised to such child or children and the heirs of their body shall be equally divided between the remainder of my said children and the heirs of their body. Item 3rd. I do hereby nominate and appoint my beloved wife Mary Franklin and my son John A. Franklin Executrix and Executor of this my last will and testament hereby authorizing and empowering them to compromise adjust release and discharge in such manner as they may deem proper the debts and claims due me. I do also authorize and empower them if it shall become necessary in order to pay my debts or the legacies herein bequeathed to sell all or any part of my real estate not herein specially bequeathed by private sale or in such manner upon such terms of credit or otherwise as they may think proper and deeds to purchasers to execute and acknowledge and deliver in fee simple. I do hereby revoke all former wills by me made. In testimony whereof I have here unto set my hand and seal this Nineteenth day of December in the year of our Lord One thousand Eight hundred and fifty Six Alexander Franklin Signed and acknowledged by said Alexander Franklin as his last will and testament in our presence and signed by us in his presence. William Van Meter W. (?) Frazier Codicil to the will of Alexander Franklin. I Alexander Franklin of Noble County Ohio having on the nineteenth day of December Ase 1856 made and executed a will of that do now make this my first codicil to that will as follows. The third item in said will being a devise to my daughter Elizabeth R. Franklin of Real estate Therein described to her and the heirs of her body. Said will and devise to said Elizabeth R Franklin is hereby so changed that I hereby devise to her absolutely and in fee simple the real estate described in said will to have and hold as her own without any limitation to her heirs. Also the five hundred Dollars devised by said will to said Elizabeth I hereby give and devise to her absolutely without limitation. And as to the fourth item in said will being a devise of fifteen hundred Dollars to my daughter Violet Summers I hereby revoke said legacy entirely and in place of said fifteen hundred Dollars I hereby give and devise to her the Gant farm which I intend to convey to her by deed in my life time. And as to item fifth in said will being a devise to Mary W. Mason. The said Mary W. Mason having died since said will was made and having left to survive her the following named children Belvedere Mason Olla Mason and Mary W. F. Mason and her husband H. R. Mason. I hereby entirely revoke the legacy to said Mary W. Mason made in said will. I hereby express my intention and purpose that said H. R. Mason shall in no event by deceit or otherwise ever at any time have any thing from my property or estate and I hereby appoint my daughter Elizabeth R. Franklin a trustee and direct that the sum of fifteen hundred Dollars out of my estate be paid over to her to be by her expended as she may see proper and according to her discretion in the raising and Education of said children of my daughter decd Mary W. Mason and if she should not have expended this whole of said sum in the raising and Education of said children before they respectively arrive at the age of majority then any part thereof not before expended she is to pay to said children in equal shares and if either of them should die before they arrive at Majority the survivors to take the share of the deceased one in equal proportions and if all of them die before majority and any part of said sum of fifteen hundred Dollars should remain unexpended then said remaining amount shall be equally divided among my heirs wholly excluding said H. R. Mason from any part Ö.. and in case my daughter Elizabeth should die before the aforesaid trust should be fully executed, then the Probate Court of Noble County is agrees Ö to appoint a trustee to carry out this trust. And as to the Seventh devise in Ö. Will Ö a devise to my son John of the unexpended residue of Real and personal property Ö Same is hereby revoked. And in place thereof I hereby devise and direct that any unexpended balance after proceeds if any Ö. Property not used by my wife shall be Equally divided between my son John my daughter Violet Summers, Margaret Lomax, Rosanna Gulick and Elizabeth R. Franklin. And lastly, If my daughter Elizabeth R. Franklin should die without having disposed of the property devised to her either by died or will. I hereby direct that her property herein devised be divided Equally among my children John Franklin, Violet Summers Margaret Lomax and Rosanna Gulick and there heirs in case the parents should die before the said Elizabeth and in case any of them should die Ö.. heirs before the said Elizabeth then to the survivors respective share shall be paid. And in all other respect not herein changed I affirm said will of the 19th of December 1856 and only change Ö same as is done in and by this codicil. Executed this 7th day of January Ase 1867. Alexander Franklin R. P. Lumus (not sure of last name) Nathan L. Hollister Note: Noble Co. OH Deed record Vol 4 p 579 - 29 Jul 1856 Alexander Franklin & wife to William Barnes- - County of Monroe "it being a part of the NW quarter of the NW quarter of section #13 township seven range eight ... containing five acres and 88/100 of an acre ..." ______________________________________________________________________ ______________________________________ Noble Co. Deed Record Vol. 16 p. 215 15 Feb 1867 Alexander Franklin to Violet Summers -- County of Noble "the NE quarter of the SW quarter of section thirteen township seven range eight containing forty one acres" Noble Co. deeds vol. 4 p. 265 - 29 Nov 1853 - Alexander Franklin and Wife to Rueben P. Summers "... in consideration of the sum of ten dollars ... a part of the Northwest quarter of section twelve in township seven range eight ... containing one half acre of of land ..." Witnessed by George Stone and John A. Franklin Source: Ancestry World Tree Project: Staats The age shown for Alexander on the 1850 Monroe Co., Ohio census is 51 Franklin, Alexander 28 April 1797 - 28 Oct 1867 (Whigville Cemetery Records - Caldwell Public Library, Caldwell, Ohio) "These and Thomas Large, and Irishman who resided near Sarahsville; William Wilson, Alexander Franklin, Moses Horton and Nathaniel Capell were the most active agents of the Underground railroad. The method of operation was to receive and care for the fugitives, secreting and feeding them until they could be sent forward to another station." Source: History of Noble County, Ohio, with Portraits and Biographical Sketches of Some of the Pioneers and Prominent Men, p. 410
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