The Baughn Family

Zachariah Wall Baughn Will

Zachariah W. Baughn's Last Will & Testament.

In the name of the Benevolent Father of all, I, Zachariah W. Baughn, of the County of Fayette and State of Ohio do make and publish this my last Will & Testament.

Item 1st
I give and bequeath to my beloved wife Lurana Baughn the sum of Eighteen Hundred & Forty-nine Dollars and fifty cents. The same being the consideration of a certain promissory note give to me by my said wife, payable in six months after date, and an additional sum of One Hundred and Seventy Five Dollars to be paid by my executor hereinafter named, as soon as it can be collected and I also give to my said wife the sum of Two Hundred Dollars annually, as long as she remains my widow, the same to be paid to her by my executor out of the funds in his hands for that purpose all of the foregoing gifts and bequests to my said wife to be in lieu of her dower in my real estate.

Item 2d
I give and devise to my son Andrew Jackson Baughn Eighty Six acres of land out of my land from where I now reside. The same to be selected by him and he to have the first choice, said land I value at Seventy dollars per acre.

Item 3d
I give and devise to my daughter Martha VanKirk ninety acres of land out of my farm known as the glaze farm and on which my said daughter now resides the same to be selected by her, and she to have the first choice out of said farm, said land is valued by me at Sixty-Five dollars per acre.

Item 4th
I give and devise to my son John Judson Baughn ninety acres of land out of the farm belonging to me and known as the Hinkle Farm the same to be selected by him, and he to have the first choice out of said farm, said land is valued by me at Sixty Five Dollars per acre.

Item 5th
I give and devise to my daughter Rebecca Groves ninety-five acres of land the same to be selected by her, out of my farm which I bought of Stuckey and McElwain and lying on the Jamestown Pike ­ she is to have the first choice, said land being valued by me at Sixty Five Dollars per acre.

Item 6th
I give and devise to my daughter Catharine Parrett ninety Five acres of land to be selected by her out of my farm known as the Amos Coil farm she is to have the first choice out of said farm of said 91 acres of land the same being valued by me at Sixty Five dollars per acre.

Item 7th
I give and devise to Mary Sims, my daughter Eighty Six acres of land known as the Pursley place, the ____________ I purchased of Jacob Purseley, I value said land at Sixty Five Dollars per acre.

Item 8th
I give and devise to my son Benjamin F. Baughn ninety acres of land the choice out of the farm which my son Newton Baughn, deeded to me, and which I value at Sixty-five dollars per acre.

Item 9th
I give to my son Newton Baughn Five Thousand Dollars in money to be paid to him by my executor out of the proceeds a rising from the sale of the surplus land of the several tracks before mentioned. Said sum plus land I desire my executor to sell at pro bate or public sale as he may think best, and deeds to purchasers made within two years after my death.

Item 10
I give to my daughter Sarah Gossard Five Thousand Dollars in money to be paid to her by executor, out of the proceeds arising from the surplus land mentioned in Item 9th.

Item 11th
I give and devise to my daughter Rebecca Groves ten acres of timbered land, the same which I purchased of my son Andrew Jackson Baughn.

Item 12
I will and desire that my executor sell at public or private sale as he may think best and deeds to purchasers make, the thirty one acres of land, which I now own, and which I purchased of my son Andrew Jackson Baughn and the same which he purchased from Isaac Coil.

Item 13
I give to the Sugar Creek Baptist Church One Hundred Dollars and to the Baptist Missionary Society One Hundred and Twenty Five Dollars, to be held in trust by my executor for said church and said Society, and the interest at the rate of ten per cent per annum to be paid to said Church and said Society respectively on the first day of each year after my death and it is my desire and will that said sums be held in trust as aforesaid for ever.

Item 14
I desire that my executor should keep in his hands a sum of money sufficiently large to yield an increase that will enable him to pay my said wife the two hundred dollars annually, and mentioned in item first of this Zachariah W. Baughn Will provided she elects to take the provisions of the will for her and after the necessity for the payment of said Two Hundred Dollars an ually to my said wife no longer exists then I desire the said sum of money so retained by my Executor be equally divided among my said children or their heirs.

Item 15th
I desire that my executor sell at public or private sale the twelve acres of land deed to me by my son Benjamin Baughn.

Item 16th
I desire and will that my executor sell at public or private sale as he may think best all of my living stock.

Item 17th
I desire and will that any surplus money remaining in the hands of my executor after fully complying with the foregoing provisions of this my Will to be equally divided among my children.

Item 18th
I do hereby nominate and appoint my son Andrew Jackson Baughn Executor of this my last Will & Testament hereby authorizing and empowering him, to compromise, adjust release and discharge in such manner as he may deem proper the debts and claims due me. I do hereby revoke all former Wills by me made.

In testimony hereof I have hereunto set my hand and seal this 15th day of September in the year 1873.

Zachariah W. Baughn
(Seal)

Probate Court Fayette County Ohio 1873 Zachariah W. Baughn deceased 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 Zachariah W. Baughn, now deceased is the will of said deceased that they were present at the execution of said Will at the request of the Testator subscribed their names to the same as witnesses in his presence and that they heard the said Zachariah W. Baughn deceased acknowledge the signing and sealing said Will, and heard him acknowledge the same to be his last Will and Testament, that the said Zachariah W. Baughn at the time of acknowledging the signing and sealing said Will was of legal age and of sound and disposing mind and memory, and under no undue or unlawful restraint whatsoever.

H. C. Coffman
O. H. Safton

Sworn to and subscribed in open Court this 29thday of September A.D. 1873. J. B. Priddy Probate Judge

State of Ohio, Fayette County os: Probate Court.
Personally appeared in open Court, Walter Yeoman the subscribing witness to the last Will and Testament of Zachariah W. Baughn deceased, 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 him purporting to be the last will and Testament of Zachariah W. Baughn now deceased is the will of said deceased, that he was present at the execution of said Will, at the request of the Testator subscribed his name to the same as witness in his presence, and that he saw the said Zachariah W. Baughn, deceased, sign and seal said Will and heard him acknowledge the same to be his last Will & Testament, that the said Zachariah W. Baughn at the time of making, signing and sealing said Will, was of legal age and of sound and disposing mind and memory, and under no undue or unlawful restraint whatsoever.