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| Page 607 |
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WILL of James Mignerey
(Found at Ancestry.com)
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Be it remembered that at a term of Probate court
of Williams County, Ohio, held in the Court house, in the
village of Bryan, in said county and state, before F. M.
Frazier, Judge.
On the 20th, day of February A. D. 1911, the following
proceedings were filed.
APPLICATION FOR PROBATE OF WILL. |
In the matter of the last will and testament of
James Mignery, deceased |
Application to admit to Probate.
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Your petitioner respectfully represents that James
Mignery late a resident of the Township of Springfield in
said county, died on or about the 15th day of February A. D.
1911, leaving an instrument in writing, herewith produced,
purporting to be his last will and testament:
That the said James Mignery died leaving
Louis Mignery his widow who resides at Stryker, Ohio, and
the following named persons his only next of kin, to wit:
| Name. |
Degree of Kinship |
P. O. Address |
| Fred Mignery |
Son |
Deceased |
| 1. John Mignery |
G. Son |
Cadalac, Mich. |
| 2. William Mignery |
G. Son |
Cadalac, Mich. |
| Lewis Mignery |
Son |
Stryker, Ohio |
| George Mignery |
Son |
Goshen, Ind. |
| Moses Mignery |
Son |
Deceased |
| 1. Estella Nelson |
G. Daughter |
Blaisdell, N.Y. |
| 2. Arthur Mignery |
G. Son |
Blaisdell, N.Y. |
| 3. Mildred Mignery |
G. Daughter |
Blaisdell, N.Y. |
| Eugene Mignery |
Son, no heirs |
Deceased |
| Henry Mignery |
Son |
Stryker, Ohio |
| Lucy Collins |
Daughter |
Stryker, Ohio |
| Ernest Mignery |
Son |
Stryker, Ohio |
| Lydia Allison |
Daughter |
Stryker, Ohio |
| Hattie Miller |
Daughter |
Stryker, Ohio |
Your petitioner offers said will for
probate and prays that a time may be fixed for the proving of
the same, and that said above named persons resident in this
state may be notified according to law of the pendency of said
proceedings. |
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H. E. Olmstead, Petitioner. |
| The State of Ohio, Williams County,
ss. The above named H. E.
Olmstead being first duly sworn, says that the facts stated
and allegations in the foregoing application contained, are true
as he verily believes: |
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H. E. Olmstead |
| Sworn to before me and signed in my
presence this 20th day of February, 1911 |
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(SEAL) |
F. M. Frazier, Probate Judge |
On February 20th, 1911, the
following order was made and filed, to-wit:
In the matter of the will of |
| James Mignery, deceased. |
Filing of Will |
| This day
an instrument of writing, purporting to be the will of James
Mignery late of Springfield township, in this county,
deceased, was produced in open court for probate. It is
now ordered that the said will be filed in this court, and that
due notice thereof, and of the application to admit the same to
probate and record, be given to the widow and next of kin of the
testator, resident of the state of Ohio, and that said
application will be for hearing before this court, on the 25th
day of February A. D., 1911, at 11 o'clock A.M., and this cause
is continued. |
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F. M. Frazier, Probate Judge |
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| Page 609 |
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| On February 22nd, 1911, the
following notice was returned and filed, to-wit: |
| In the Matter of the will of |
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| James Mignery, deceased |
Notice of Probate |
To
Louis J. Mignery, Henry Mignery, Lucy Collins, Earnest
Mignery, Lydia Allison, Hattie Miller and Louisa Mignery.
You are hereby notified that on the 20th day of February A.
D. 1911, an instrument of writing, purporting to be the last
will and testament of James Mignery late of Springfield
Township, in said County, decease, was produced in open court,
and an application to admit the same to probate was on the same
day made in said court. Said application will be for
hearing before said court on the 25th day of February, 1911, at
10 o'clock A.M.
Witness my signature and the seal of said court, this 20th day
of February, 1911. |
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(SEAL) |
F. M. Frazier, Probate Judge |
RETURN. We, the undersigned persons within named,
hereby acknowledge service of the within notice this 24th day of
February, 1911. Lucy Collins, Louise Mignery, Lydia
Allison, Hattie Miller, E. P. Mignery, Henry Mignery, Louis J.
Mignery.
On the 25th day of February A. D. 1911, the following
testimony was taken and filed in the matter of the will of |
| James Mignery, deceased |
Testimony of Witnesses. |
The state of Ohio, Williams County. |
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| Personally
appeared in open court John E. Meek and Veal W. Meek
who being first duly sworn to testify the truth, the whole
truth, and nothing but the truth, in relation to the execution
of the last will and testament of James Mignery deceased,
deposes and say: That they were present at the execution
of the instrument of writing now before them bearing date the
8th day of October A. D. 1900, purporting to be the last will
and testament of James Mignery deceased; they they
respectively subscribed their names thereto as witnesses at the
request of said testator and in his presence; that they saw said
testator sign said instrument at the end thereof, and heard him
acknowledge the same to be his will; and that said James
Mignery at the time of executing the same was of full age,
and of sound mind and memory, and not under any restraint. |
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John E. Meek
Verl W. Meek |
| Sworn to before me and signed in my
presence by said witnesses in open court, this 25th day of
February, 1911. |
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(SEAL) |
F. M. Frazier, Probate Judge. |
On Feb. 25th, the following order
was made and filed, to-wit:
In the matter of the will of |
| James Mignery |
Admitting to Probate and Record. |
This
matter came on this day further to be heard, on the application
of H. E. Olmstead to admit to probate teh recordthe will
of James Mignery deceased, heretofore filed in this court
therefor,
And it now being shown to the satisfaction of the court
that due notice of the filing of said will and of the
application to admit it to probate and record in this court has
been given to the widow Louise Mignery next of kin of
said testator residents of Ohio; John E. Meek, and
Verl W. Meek the subscribing witnesses of said will having
this day appeared in open court, and having been duly sworn,
testified to the due execution and attestation of said will;
which testimony was reduced to writing, was subscribed by them
respectively and was filed with said will.
Whereupon the court finds that the aforesaid instrument
of writing is the last will and testament of said James
Mignery deceased; that it was duly executed and attested;
that the said testator, at the time of signing said will, was of
lawful age, of sound mind and memory, and not under any
restraint. It is therefore by the court ordered, that the
said will be admitted to probate, and that these proceedings
together with the said testimony of the witnesses above named,
be entered of final record in this court, and that the cost
herein taxed at $_____(blank)__ are ordered paid out |
Page 609 |
| of decedent's estate. |
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F. M. Frazier, Probate Judge. |
| Said last will and testament in the
words and figures as follows, to-wit: |
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IN THE NAME OF THE BELOVED FATHER OF ALL: AMEN. |
I, James Mignery, of the
village of Stryker, County of Williams and State of Ohio, being
about seventy years of age, and being of sound and disposing
mind and memory, Do Make, Publish and Declare this my Last Will
and Testament, hereby revoking and making null and void all
other Last wills and Testaments by me made heretofore;
First: - My Will is, that all my just debts and funeral expenses
shall be paid out of my estate, as soon after my decease as
shall be found convenient.
Second: - I Give, Devise and Bequeath to my wife Louise
Mignerey, (during her life), The use of all my property both
real and personal, of which I may be seizedat my death.
Third: - It is my will, that at the death of my wife, that all
my property shall be equally divided among my children.
Fourth: - It is my will, that at my death that my wife Louise
Migerey, shall be, and is hereby appointed by me, as
executrix of my estate without bond.
In Testimony Whereof, I have set my hand to this, my
Last Will and Testament, at Stryker Ohio, this 8th day of
October, in the year of our Lord One Thousand Nine Hundred
(1900) |
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James Mignerey |
| The
foregoing instrument was signed by the said James Mignerey
in our presence, and by him Published and Declared as and for
his Last Will and Testament, and at his request, and in our
presence, and in the presence of each other, we hereunto
subscribe our Names as Attesting Witnesses, at Stryker, Ohio,
this eight day of October, A. D. 1900. |
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John E. Meek, Resides at Stryker, Ohio
Verl W. Meek, Resides at Stryker, Ohio |
On March 18th, 1911, the following
application for Commission to be issued and filed, to-wit:
In the Probate court of Williams County, Ohio.
In the Matter of the will of |
| James Mignery, deceased. |
APPLICATION FOR COMMISSION. |
To the Probate court of said
county: The undersigned
respectfully represents that James Mignery leaving
Louise Mignery his widow, for whom provision was made in the
will of the said James Mignery said deceased consort.
That said will was duly admitted to Probate and Record by said
court on the 25th day of February 1911. That said widow is
unable to appear in court by reason of ill health, and that she
resides in the Village of Stryker said County.
The undersigned therefore makes application on behalf
of said widow Louise Mignery that said Probate court
issue a commission with a copy of said will annexed directed to
some suitable person to take the election of said widow Louis
Mignery to accept the provisions of said will in lien of the
provisions made by law. |
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March, 17, 1911 |
L. J. Mignery. |
| The State of Ohio. Williams,
ss. L.
J. Mignery being duly sworn says that the statements
contained in the foregoing application are true as he verily
believes. |
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L. J. MIGNERY. |
| Sworn to and subscribed before me
this 17th day of March, 1911 |
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(SEAL) |
R. L. Starr, Notary Public |
Page 610 |
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| On March 18th, 1911, the following
order was made and filed, to-wit: |
| Probate Court, Williams County, Ohio. |
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In the matter of the will of
James Mignery, deceased. |
ELECTION OF WIDOW.
ORDER FOR COMMISSION |
This day
l. J. Mignery appeared in open court and made application
for a Commission to issue to some suitable person to take the
election of Louise Mignery widow of James Mignery,
deceased, to accept the provisions of the will of said
decedent in lieu of the provisions made by law. And it is
appearing to the court that said widow, is" unable to appear in
Court by reason of ill health and resides in Stryker, Williams
County, Ohio.
It is therefore ordered that such Commission issue,
with a copy of said will annexed, to James Mignery to be
returned with all convenient speed, and this cause is continued. |
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F. M. Frazier, Probate Judge |
On March 22nd, 1911, the following election was taken:
COMMISSION TO TAKE ELECTION OF WIDOW OR WIDOWER. |
| The State of Ohio, Williams County, ss. |
Probate Court |
To George C. Beucler
Greeting;
Know ye, That we having confidence in your prudence and
fidelity, have appointed you, and by these presents give you
full power and authority to take the Election of Louise
Mignery, widow of James Mignery, deceased, under the
last Will and Testament of her late consort. A copy of
said will is hereto attached, marked "A".
WE COMMAND YOU, Forthwith to proceed to the place of
residents of said Louise Mignery and then and there read
to her the will hereto annexed, and explain to her the
provisions of the same, made for her in said will, and also the
provisions made for widows and widowers by the statutes of Ohio;
after which tou will take her Election as to whether or not she
will accept the provisions made for her by the will of her late
consort, in lieu of those provided by statute.
AND IT IS FURTHER ORDERED, That you reduce such
election to writing, and return the same, (together with this
commission and the copy of the will hereto annexed), closed up,
under your seal, into our Probate Court, with all convenient
speed.
In witness whereof, I have hereunto set my hand and affixed the
Seal of said Probate Court at Bryan, Ohio, this 22nd day of
March, A. D. 1911. |
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(SEAL) |
F. M. Frazier, Probate Judge. |
| On March 24th, 1911, the following
report was returned and filed, to-wit:
COMMISSIONER'S REPORT |
In the matter of the Election of
Louise Mignery, Widow to the will of her late consort.
James Mignery, deceased. |
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| I, George C. Beuchler duly
appointed and commissioned by the Judge of the Probate Court of
the County of Williams in the State of Ohio, to take the
election of Louise Mignery to the Will of her late
consort, James Mignery deceased, (which commission and
copy of the will are hereto annexed.) do hereby certify, that,
in pursuance of said commission, I did, on the 24th day of March
A. D. 1911, go to the residence of Louise Mignery widow
of James Mignery deceased, and then and there read to her
the will hereto annexed, and explained to her the provisions of
the same made for her benefit, and also the provisions made for
widows and widowers by the statute: whereupon she made her
election to take the provisions of the said Will in lieu of
Dower, and her distributive share of the estate under the
statute. IN TESTIMONY WHEREOF, I have hereunto set my hand
this 24th day of March, 1911 A.D. |
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George C. Beucler. |
Page 611 |
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Election of Widow.
And now comes Louise Mignery widow of James
Mignery deceased and before George C. Beucler,
Commissioner, makes her election as follows, to-wit: |
The State of Ohio
Williams County, s.s. |
Before Geo. C. Beucler, Commissioner.
March 24th, 1911 |
| I, LouiseMegnery widow of
James Mignery, late of Springfield Twp., deceased, hereby
elect to take the provision made for me in this last will and
testament, in lieu of my dower interest, and distributive share
of his estate. |
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Louise Mignery |
Signed before me this 24th day of March, 1911 |
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George C. Beucler, Commissioner |
| WHEREUPON, The court
caused the following entry to be spread upon its journal: |
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In the matter of the will of
James Mignery |
March 24th, 1911 |
| This day
Louise Mignery, widow of James Mignery, deceased,
appeared in the presence of George C. Beucler,
Commissioner and made her election to take the provisions made
for her in the will of her late consort in the lieu of her Dower
and distributive share of his estate. |
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F. M. Frazier, Probate Judge,. |
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NOTES:
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