Last Will and Testament of "General" James Hedges of Richland, Ohio (Transcript)
The Last Will and Testament of a military ancestor of mine: "General" James Hedges, who died in October 1854 near Mansfield, Ohio in the United States. It's possible that the signature you see in this image may be his original handwriting!
Updated: now includes an abstract, at the beginning of the post, which highlights the key dates, people, and property mentioned in this will.
Citation and Online Images
Last Will and Testament of James Hedges, including Proof Certificate, filed 23 October 1854, case number 1366, old ID number 146, folder 18541366 in new Series 1, Estate Records; Richland County Probate Court, 2nd Floor archives, 50 Park Avenue East, Mansfield, Ohio, 44902, United States.
[The Probate Court's historical records are being re-filed and digitized, with a new 8-digit identification number that combines the year of the case and the original case number. If you cannot locate a record, you may need to request it from the kind clerk. An image of the court's entry note and copy of this Will can also be found online at FamilySearch (images 307-310) in Richland County's Will Book volume 1, pages 446-449 (https://familysearch.org/pal:/MM9.3.1/TH-1961-31191-3974-2).]
Abstract of Will
An overview of the main facts - both dates and named individuals - found in this will.
Timeline
- 16 March 1852: Will signed and witnessed
- 23 October 1854: Date of Record (when Will was entered into probate by the court)
People and Property
The list below details the people mentioned in James Hedges' will and the property or other bequest they receive.
- William Hedges of Whitley county, Indiana
- Money: 2,500 dollars
- Household goods: bedding complete for two beds
- Real Estate in Smith township of Whitley county:
- 120 acres, Section 7: West 1/2 of SE and SE quarter of the SE quarter.
- 80 acres, Section 18: North 1/2 of SE quarter
- Hiram Shephard of Athens county, Ohio [probably in Morgan county, after 1845 county boundary changes]
- Real Estate in Smith township of Whitley county: 320 acres, Section 30: the South half.
- Jane Elder of Richland county, Ohio
- Money: 100 dollars annually for her life
- Household goods: all kitchen and household furniture (except one secretary and bedding for two beds)
- Real Estate: EITHER a house on lots 19 or 20 in James Hedges addition to the Town of Mansfield, plus 200 dollars, OR 600 dollars
- Farm goods, at the time of James' death, including: use of the farm (and its buildings and land) for one year afterward; crops in the amount of 50 bushels wheat, 40 bushells corn, 4 tons hay, and one third of crop in the ground; livestock in the amount of 1 horse, 2 cows, 6 hogs, and 6 sheep.
- Heirs of Elijah Hedges, deceased, of Fairfield county, Ohio
- Real Estate in Smith township of Whitley county: 240 acres, Section 18: South half of the South East quarter, and the South West quarter.
- Elzey Hedges, James' brother, and an Executor, of Richland county, Ohio
- Stock: all stock in any Rail Road Company
- Real Estate: EITHER one equal share of the remainder of the estate OR the following Bounded real estate in Richland county (so long as Ellzey also pays 5,500 dollars to the estate):
- Commencing at the North West Corner of [Out?] Lot fifteen in the Town of Mansfield in said County of Richland, thence East with the Northern Boundary line of [Out?] Lots number, fifteen, twenty six, twenty seven, and thirty eight, to the North East Corner of [Out?] Lot number thirty-eight thence South with the East Boundary line of Out Lot number thirty eight to the North Boundary line of Section twenty seven, thence East on said line to the North East Corner of the North West quarter of Section twenty seven, Township twenty one, Range eighteen, thence South to the South East Corner of said quarter of Section twenty seven, thence West to the South West Corner of said quarter of Section twenty seven, thence North to the South side of the Newville Road, thence with the South side of the Newville Road to the East side of Water Street, in Mansfield, thence North with the East side of Water Street to the South side of Helen Mary's lane, thence East with the South side of Helen Mary's lane to the East side of an alley, being a continuation of the most Eastern alley in the old Town Plat of Mansfield, thence North with the East side of said Alley to the North Western Corner of the Out lot number fifteen, the place of beginning saving fifty seven poles, sold to John Matthes 18th Nov. 1851.
- Commencing at the point of intersection of the lines one on the South side of the Wooster road leading from Market Street in the Town of Mansfield, and one on the East side of the Township Road leading past Elzey's Barn, thence running East with the side of the Wooster road to the centre of the creek commonly called the Rocky Fork of the Mohican thence down the centre of, and with the meanderings of said creek to the South side of the South East quarter of Section twenty two, Township twenty one, Range eighteen, thence West with the said South Boundary line to the East side of the said Township road, thence with the East side of said road to the place of beginning.
- Christian Hedges, an Executor, of Richland county, Ohio
- Household goods: one secretary, books, surveying compass, chain and pins, Indian Tomahawk, Broadsword, and horse pistols.
- Real estate: one equal share of the remainder of the estate
- Children of James' brothers and sisters (unless deceased without heirs)
- Real estate or Money: equal shares (after 1 share reserved for Christian Hedges), to each of James' nieces and nephews (or a share in common to the heirs of one of those nephews or nieces).
- Charles Hedges, James' nephew and an Executor
- Elzey Hedges Jun, presumably Ellzey's son, and a backup Executor
- David Wise, Witness
- E.L. Kendall, Witness
- William McIlvain, Witness
- Joel Myers, Probate Judge
Transcript of Will [Emphasis added]
[Page] 1
I James Hedges of the County of Richland and
State of Ohio do make this my last Will and Testament in
manner and form following. That is to say,
1st
(1) First it is my will that my funereal expenses and all my just debts
(2) be paid.
2d
(1) Second. I give, devise, and bequeath to William Hedges of the County of Whitley and
(2) State of Indiana and to the heirs of his body, the following real estate, situate
(3) lying and being in the said County of Whitley, to wit: The west half of the
(4) South East and the South East quarter of the South East quarter of Section Seven in
(5) Township thirty two North of Range ten East in the District of lands subject to
(6) sale at Fort Wayne, Indiana. Containing one hundred and twenty acres more or
(7) less. Also the following land, situate, lying and being in said County of Whitley
(8) to wit. The North half of the South East quarter of Section Eighteen in Township
(9) thirty two North of Range ten East in the District of lands subject to sale at Fort
(10) Wayne, Indiana containing Eighty acres more or less. And the sum of twenty five
(11) hundred dollars to be paid as follows to wit: Two hundred dollars to be paid out of
(12) the first monies that come into the hands of my Executors not needed for the pay-
(13) ment of my debts and funeral expenses. Three hundred dollars to be paid within one
(14) year after the preceding payment. And the rest in annual payments of five
(15) hundred dollars, provided that all sums which I charge him with in a book kept for
(16) that purpose, shall be deducted from the above commencing with the last paym-
(17) ents but if he should die before my decease or before the payments should all be
(18) made, I wish the payments on the balance of them as the case may be, to be made
(19) to the heirs of his body, but if there should be no heirs, to go in the general
(20) distribution as hereinafter provided, and also bedding complete for two beds.
3rd
(1) Third. I give, devise, and bequeath to Hiram Shephard of the County of Athens
(2) and the State of Ohio, the following real estate, situate, lying, and being in the County
(3) of Whitley and the State of Indiana, to wit. The South half of Section thirty, in
(4) Township thirty two North of Range ten East in the District of lands subject to sale
(5) at Fort Wayne, Indiana, containing three hundred and twenty acres more or less
(6) and to the heirs of his body forever.
4th
(1) Fourth. I give, devise, and bequeath to Jane Elder of the County of Richland
(2) and the State of Ohio, six hundred dollars in money, to be paid within one year
(3) after the first day of April next succeeding my decease, provided that if I
(4) during my life, build her a dwelling house on either lots number nineteen or
(5) twenty in James Hedges addition to the Town of Mansfield, in the County
(6) of Richland and State of Ohio, the sum of two hundred dollars to be paid
(7) to her, within the time aforesaid instead of six hundred as above mentioned
(8) and it is my will and desire, the sum of one hundred dollars be paid to her ann-
(9) -ually, during her life, that there be delivered to her fifty bushells of wheat, forty bushells of corn
(10) four tons of hay, and one third of the crop in the ground at the time of my
(11) decease to be delivered to her in the bushell, when threshed out. I give, devise
[Page] 2
(12) and bequeath to her one horse, two cows, six hogs, six sheep, all to be chosen by her
(13) from the stock on the farm at the time of my decease. It is my last wish
(14) and desire that she have the use of the farm house, the barn, stable and other
(15) buildings around the house, the field west of the house, the two orchards, the
(16) small fields lying between the lane running north from the house, and the
(17) Town and two fields to be selected by her, and the meadow lying on the
(18) Wooster road between the creek and the Township road, all from the time of
(19) my decease to the expiration of one year commencing on the first day April
(20) next suceeding my decease. I give, devise, and bequeath unto her all my kitchen and
(21) household furniture, stoves & e., except what is hereinafter mentioned, to wit: bedding
(22) complete for two beds, and one secretary.
5th
(1) Fifth. I give, devise, and bequeath to the heirs of Elijah Hedges deceased, late of
(2) the County of Fairfield and State of Ohio, the following real estate, Situate
(3) lying, being in the County of Whitley, State of Indiana, to wit, The South
(4) half of the South East quarter, and the South West quarter of Section Eighteen
(5) in Township thirty two North of Range ten East in the District of lands
(6) subject to sale at Fort Wayne, Indiana, containing two hundred and forty
(7) acres, more or less and to their heirs and assigns forever.
6th
(1) Sixth. I give, devise, and bequeath to my Brother Elzey Hedges, his heirs and assigns forever, of the County of
(2) Richland and State of Ohio, all the Stock in any Rail Road Company
(3) which I may have at the time of my decease, also the following real estate, to
(4) wit: Situate, lying and being in the said County of Richland and bounded as
(5) follows, viz.: Commencing at the North West Corner of [Out?] Lot fifteen in
(6) the Town of Mansfield in said County of Richland, thence East with the
(7) Northern Boundary line of [Out?] Lots number, fifteen, twenty six, twenty
(8) seven, and thirty eight, to the North East Corner of [Out?] Lot number thirty-eight
(9) thence South with the East Boundary line of Out Lot number thirty eight to the
(10) North Boundary line of Section twenty seven, thence East on said line to
(11) the North East Corner of the North West quarter of Section twenty seven,
(12) Township twenty one, Range eighteen, thence South to the South East Corner
(13) of said quarter of Section twenty seven, thence West to the South West Corner
(14) of said quarter of Section twenty seven, thence North to the South side of
(15) the Newville Road, thence with the South side of the Newville Road to
(16) the East side of Water Street, in Mansfield, thence North with the East side
(17) of Water Street to the South side of Helen Mary's lane, thence East with
(18) the South side of Helen Mary's lane to the East side of an alley, being a contin-
(19) uation of the most Eastern alley in the old Town Plat of Mansfield, thence
(20) North with the East side of said Alley to the North Western Corner of the
(21) Out lot number fifteen, the place of beginning saving fifty seven poles, sold to John Matthes 18th Nov. 1851, also the following real estate
(22) Situate lying and being in the said County of Richland and bounded
(23) as follows, to wit: Commencing at the point of intersection of the lines
(24) one on the South side of the Wooster road leading from Market Street in the
(25) Town of Mansfield, and one on the East side of the Township Road leading past
(26) Elzey's Barn, thence running East with the side of the Wooster road
[Page ] 3
(27) to the centre of the creek commonly called the Rocky Fork of the Mohican
(28) thence down the centre of, and with the meanderings of said creek to the South
(29) side of the South East quarter of Section twenty two, Township twenty one, Range
(30) eighteen, thence West with the said South Boundary line to the East side of
(31) the said Township road, thence with the East side of said road to the place
(32) of beginning, the above real estate is given to him on condition that he pays five
(33) thousand five hundred dollars to the estate, as follows, to wit, five hundred dollars
(34) within the first year after my decease, the rest to be made in annual payments
(35) of one thousand dollars each, until the sum of five thousand five hundred dollars
(36) is paid, I wish him to have the power of choosing whether to take the above
(37) real estate, with the conditions thereto [annexed], or be included under the general
(38) clause of distribution and division hereinafter inserted, and that he may have
(39) six months to make such selection, in either case I wish him to have the Rail
(40) Road Stock.
7th
(1) Seventh. I give, grant, and bequeath to Christian Hedges of the County of
(2) Richland and State of Ohio, my secretary, all my books, my surveying
(3) compass, chain and pins, the Indian Tomahawk, my Broadsword, and horse
(4) pistols.
8th
(1) Eighth. If Elzey or his heirs, refuses to accept of the real estate hereinbefore bequeathed
(2) to them on the conditions thereto annexed, then it is my will that it the real
(3) estate so bequeathed, together with the remainder of my property, not otherwise
(4) disposed of, shall be divided and distributed as follows, to wit: that it be divided
(5) into as many shares or portions as there are numbers of children of (my
(6) Brothers and Sisters), living at the time of my decease, added to the
(7) number of deceased children (of my Brothers and Sisters) who have heirs
(8) of their bodies living at the time of my decease, added to the number
(9) One, that it be distributed as follows, viz.: to each of my Brothers and Sis-
(10) ters who may be living at the time of my decease, a number of said shares
(11) or portions equal to the number of children that (each Brother and Sister
(12) respectively) may have living at the time of my decease, added to the number
(13) of deceased children of (each of my Brothers and Sisters respectively) who may leave
(14) heirs of their bodies living, at the time of my decease. To each of the children of
(15) my deceased Brothers and Sisters one of said shares or portions. To the heirs of
(16) each of the deceased children of each of my deceased Brothers and Sisters one of
(17) said shares or portions in common. To Christian Hedges of the said County of
(18) Richland and State of Ohio one of said shares or portions. But if he accepts of
(19) the real estate, on the conditions thereto annexed, in the time limited, then
(20) the remainder of my property not otherwise disposed of in this my will
(21) to be divided into as many shares or portions as above minus the number
(22) of Elzey's children who are living at the time of my decease added to the
(23) number of Elzey's deceased children who leave heirs of their bodies living at
(24) the time of my decease. And the distributees to be the same as above
(25) mentioned, with the exception of Elzey or in case of his decease, with the
(26) exception of his children, and with the exception of the heirs of his
[Page ] 4
(27) children who may be deceased.
9th
(1) The first line of the sixth Section is interlined by writing "his heirs and assigns
(2) forever", to be read after the name Elzey Hedges.
10th
(1) I do hereby constitute and appoint my Brother Elzey Hedges, my nephew
(2) Charles Hedges and Christian Hedges, Executors of this my last will
(3) and testament, hereby authorizing them to compromise, adjust, release
(4) and discharge, in such manner as they may deem proper, the debts
(5) and claims due me. I do also authorize and empower them to sell
(6) by private or public sale, upon such terms of credit, at such times with
(7) in six years, and in such quantities as they may think proper, all
(8) my real and personal estate, not hereinbefore disposed of, and deeds to
(9) purchasers to execute, acknowledge, and deliver in fee simple, and in case
(10) of death or nonacceptance of either of the above, I hereby constitute and appoint
(11) Elzey Hedges Jun to be one of my Executors
11th
(1) Interlined. 9th line 4th Section 1st Page, also 21st line 6th Sec 2nd Page
In testimony whereof, I have hereunto set my hand and
seal this sixteenth day of March 1852
James Hedges (seal) [Handwriting of signature is different & shakier/lighter than rest of Will]
Signed and acknowledged by said
James Hedges as his last will and
testament, in our presence: and
signed by us in his presence
[Signatures of witnesses also differ from rest of will in handwriting, and might be original]
David Wise
E.L. Kendall
William McIlvain [sp?]
Transcript of Proof Certificate
[The proof certificate, transcribed below this note, is glued to the bottom of the original will's last page.]
The State of Ohio, Richland County SS.
Personally appeared in open Court, David Wise,
E. L. Kendall, and William McIlvain [sp?] subscribing
witnesses to the last Will and Testament of James Hedges, late of said
county, deceased, who being duly sworn according to Law, depose and say that the foregoing
is the Last Will and Testament of said James Hedges, deceased, that
they subscribed their names thereto as the attesting witnesses, at the request of the said
Testator, and in his presence and in the presence of each other, and that he signed
the same in their presence, and acknowledged the same to be his Last Will and
Testament; that said Testator at the time of executing the same was of full age, sound mind, and
memory, and not under any restraint,
[Signatures]
David Wise
William McIlvain [sp?]
E. L. Kendall
Sworn to and subscribed before me in open Court, this 23d day of October
A. D. 1854,
[Signature] Joel Myers
Probate Judge.