In the name of God Amen, I, Joseph Smith of Salem Township, Highland County, Ohio, being of sound and disposing mind and memory and being desirous to settle my worldly affairs whilst I have memory and mind to dispose of my worldly affairs do make known and publish this my last will and testament hereby revoking and making void all wills that by me at any time heretofore made.
First, I will that all my just debts as shall be by me owing at my death, together with my funeral expenses, and all charges touching the proving of or otherwise concerning this my will shall in the first place be paid and of my personal estate and effects be fully paid and satisfied.
Second, It is my will that all my effects after all my debts are paid shall be invested in the hands of my surviving wife Malinda, and to remain at her will and control during her natural lifetime, then and in that case she is to have one thing of all my effects. Moreover she is to have the privilege of remaining on the farm if she wishes as long as she remains my widow, but in no case to sell or dispose of said farm, and in case she does not remain my widow during her natural lifetime the two things of all my effects shall be for the benefit of my surviving children until the youngest is twenty one years old and then it shall be equally divided either by sale or division.
I do hereby constitute and appoint Joseph Custer, Senior, my executor to this my last will and testament. In witness whereof I have hereunto set my hand and seal this the 31 day of December, one thousand eight hundred and forty seven.
The State of Ohio
The last will and testament of Joseph Smith deceased was presented for probate and Samuel Ridings and Freeman Fouch the subscribing witnesses thereto, this day appeared in open court and make solemn oath that the said Joseph Smith signed sealed and acknowledged said will in their presence and that they witnessed the same in his presence and at his request that he was at the time of executing said will over twenty-one years of age, of sound mind and memory and acted under no restraint.
Sworn to and Subscribed in open Court March 29 th 1849
Samuel Pell Clk
Transcriber Notes: Joseph SMITH married Malinda FOUCH pre 1843. They had 3 children: Catherine Smith b. 1843, Henry Smith b. 1845, Experience Smith b. 1847. After Joseph's death Malinda married Daniel WORKMAN on 16 Sep 1849 . Malinda and Daniel had 5 children: Mary Jane b. 7 Aug 1850 , Emeline b. abt 1854, Olive b. 8 Aug 1856 , Elisabeth J. b. abt. 1857, Sarah E. b. abt. 1859.
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