Transcription of the Last Will and Testament of Benjamin Crooks, 26 May 1865

I Benjamin Crooks of Madison township Richland County Ohio, being advanced in age but of sound and disposing mind and memory do make this my last will and testament.

1^st It is my will that all my just debts and funeral expenses be first paid out of my estate.

2^nd. I will and bequeath to my daughter Mary Crooks so much of the lot and building on the corner of West Diamond & Market streets in Mansfield now owned by me and occupied in part by Reymey and King as a Store room as will embrace the said store room on the corner and so much of the adjoining rooms on the south and west as will embrace one half of the stairs on the south and the stairs on the west side of said room, both stairs being outside of said store room; and the ground and building here described as Mary’s shall be in an oblong square form

3^rd I will and bequeath to my daughter Jane Larimer so much of the lot and building above described as will include all of the building now occupied by Mr. Wild lying west of the piece bequeathed to my daughter Mary and extending as far south as said building at the west end of said building, and to embrace all of said lot extending west of said building to the alley next the Market House, and so far south as to be even with the south side of said building occupied by Mr. Wild, and so far east as to include half of the stairs west of the store room

4^th I will and bequeath to my sons James Crooks and Alexander Crooks jointly the balance of the aforesaid building which fronts on West Diamond Street with the So much of the lot as lies east of a line running south three feet east of the east side of the well and extending to the south side of said lot.

5^th I will and bequeath to all of the above named heirs, to wit, Mary Crooks, Jane Larimer, James Crooks and Alexander Crooks jointly for the purpose of access to water and wood by all the occupants of said building all the balance of said lot and the well on the same, embracing the ground west of the parcel bequeathed to James and Alexander & south of the lots of Mary and Jane.

6^th I will and bequeath to my daughter Lilly Boyce all the real estate I now own [in] the south part of the City of Mansfield once owned and occupied by William Tucker and known as the Tucker property embracing two lots of ground with a large house and stable on one lot and a vacant lot near the same.

7^th I will and bequeath to the legal heirs of my daughter Martha Charles the one half of the farm on which I formerly lived in Madison township Richland County Ohio and in Section Six embracing about one hundred and seventy three acres.

8^th I will and bequeath to the legal heirs of my daughter Margaret Boyce the other half of my said farm above described in said Section Six.

9^th I do nominate and appoint my two sons James and Alexander Crooks as Executors of this my last will and testament, hereby authorizing and empowering them to compromise and settle all claims due to or by me, to sell and convey my said farm herein bequeathed to the heirs of my deceased daughters Martha Charles and Margaret Boyce at any time they may deem it to the best interest of said heirs, hereby authorizing my said Executors to sell said real estate at public or private sale as they may think best, and to manage said farm and pay the proceeds thereof to the heirs of my said deceased daughters until the same is sold as they may arrive at their majority, as well as the proceeds of the sale of said farm after the same is sold. — But I want My said Executors to controll and invest at interest all the proceeds of said farm till till said heirs of my deceased daughters arrive at lawful age to receive it. I do not wish Guardians of said children to receive their money.

I hereby revoke all former wills by me made

In testimony whereof I hereunto subscribe my hand and seal this 26^th day of May A.D. 1865.    Benjamin Crooks (signature & “Seal”)

Signed and acknowledged by said Benjamin Crooks as his last will and testament in our presence and signed by us in his presence and at his request this 26^th day of May 1865

John Merideth (signature)

W^m. A. McClinton (signature)

Notes:

Benjamin died 19 June 1865

In 1873, Josiah Boyce, husband of Lilly, is recorded as owner of this farm, so he must have purchased it from the estate.

Margaret Crooks Boyce was 1^st wife of John D. Boyce, Josiah’s elder brother and the heirs were Josiah and Lilly Boyce’s nieces Mary, Martha and Isabel, and nephews Benjamin and Stephen Boyce.

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