Adams County, Ohio Wills
Charles W. Sutterfield
Will of Charles W. Sutterfield, deceased.
Be it remembered that at a court of Probate begun and held at the Court House in the town of West Union, County of Adams and State of Ohio, on the 7th day of November A.D. 1910, an instrument of writing was produced purporting to be a complete and true copy of the Last Will and Testament of Charles W. Sutterfield, late of this county, deceased.
November 7. 1910.
No.67
In the matter of restoration of the record of the Last Will {Copy of Will admitted to Record.)
And Testament of Charles W. Sutterfield, dec'd.
A copy of the Last Will and Testament of Charles W. Sutterfield, late of Adams County Ohio, deceased, duly certified under the hand and seal of the Probate Judge of Adams County, Ohio, to be a true copy of the original Will, was this day presented for Record by William D. Sutterfield, one of the beneficiaries under said Will; and therefore it being made to appear to the satisfaction of the Court, that the Record of said original Will was destroyed by the burning of the Court House of this Adams County, Ohio, on the 25th day of February, A.D. 1910, and that said original Will was admitted to Probate and Record by the Probate Court of Adams County Ohio, on the 19th day of December A.D. 1901.
The court now orders that said copy be recorded in the Record of Wills of the Court as provided by law, and that said record take the place of said original record.
It is further ordered that notice of the admission to record of the copy of said Will be given by publication for three consecutive weeks in two weekly newspapers of this County, as required by law, and that record be made of said notice when completed.
Frank W. Kendall
Probate Judge
In the name of the Benevolent Father of All:
I, Charles W. Sutterfield, of West Union, Adams County, Ohio, realizing the uncertainty of life and the absolute certainty of death, do make and publish this my last Will and Testament.
Item 1st - I desire first that all my just debts be paid.
Item 2nd - I give and devise to my beloved daughter, Josephine Sutterfield Kapp, the brick building known as the "Brick Building" including the stairway, and so much of Lots 49 and 36 upon which said building stands and running south with the west wall of said building and parallel therewith to Walnut Street in said Town of West Union during her natural life and at her death to deserved to the issue of her body, wither children or grandchildren, and if she should die without issue, the property is to deserved to my other grandchildren in equal shares.
Item 3rd - I give and devise to my beloved wife, Sarah A. Sutterfield, the homestead and residence in which we now reside, including a store-room therein and all the remainder of lots 49 and 36 in said town of West Union, Adams County, Ohio, except that portion heretofore devised to my daughter, Josephine, in Item 2nd of this my Will, during her natural life, except that I desire:
That my beloved son, Charles Homer, should have the right to use and occupy the lower and West room of said building for the purpose of carrying on his business, that of harness maker, he to pay my wife the sum of $7500 per year rental therefore, so long as he shall occupy and use the same for the purpose aforesaid, and at the death of my said wife, I will and devise that the said property so devised to her during her life pass to and vest in my son Charles Homer, and daughter Anna Helen, during their natural life, and at their death to pass to and vest in the issues of their body, share and share alike, and if either of said children should die before the other, then the whole of said real estate is to pass to the survivor during his or her natural life and at this death to pass to my other grandchildren provided they die without issue.
Item 4th - I give and devise to my beloved wife in fee, the property belonging to me in Manchester, Adams County, Ohio, known as the "Lawwell Property" with full power to sell or dispose of as she may see fit.
Item 5th - I give and devise all the remainder of my real estate not herreunbefore disposed of, to my beloved wife, with full power to sell or dispose of the same and to execute deeds therefore without the intervention of the Court, and to use the proceeds thereof for it in the payment of all my just debts and expenses and after the payment of all my just debts and expenses, she to have the residue of the proceeds of said real estate to use during her natural life and should any of the proceeds of said real estate be left at the death of my wife, the same to pass to my four childrenm William D., Charles Homer, Anna Helen and Josephine, in equal shares, or to such as may be alive.
Item 6th - And should it not become necessary, or my said wife not deem it advisable to sell all of my said real estate, as referred to in Iten 5th during her natural life, then I desire and devise that said real estate remaining unsold, shall descend to my four children renamed in Item 5th or their issue, or those that may survive my said wife, share and share alike, during their natural lives, and at their death, to vest in fee in my grandchildren in equal shares.
Item 7th - I hereby give and bequeath to my son-in-law, Frank J. Kapp, the one half interest in the drug store, owned by myself and my son William Sutterfield.
Item 8th - I will and bequeath to my grandson, Charles, son of my son, William D., the sum of $500.00, the same to be paid to him when he shall arrive at the legal age (21 years), by my executor hereinafter named, and in case he should die before arriving at the legal age, the same to revert to my estate, and my executor hereinafter named is made trustee of said fund without bond.
Item 9th - I herby give and bequeath to my son Charles Homer, all the stock in the harness shop and all the hardware and all the other stock not necessarily belonging to the drug store, that may be on hands at the time of my death.
Item 10th - I give and bequeath to my beloved wife, all of my personal property consisting of horses, cattle, farming utensils, accounts, notes, mortgages and all other personal property of whatever kind not herein before disposed of, to sell and dispose of as she may see fit and apply the proceeds to the payment of my debts.
Item 11th - It is my will that my brother, Willis Sutterfield, be allowed to occupy the house known as the "Old Toll House" in which he now lives, together with the lot and garden adjacent thereto, ans also that he have the use and control of the barn or stable and lot surrounding the same, across the pike from said house, should he so desire, during his natural life, should it not become necessary, or my executor deems it advisable to sell the farm upon which said buildings stand and of which said lots are a part, free of any rent.
Item 12th - It is my further will and desire that my Aunt, Rebecca Riggs and her husband, George Riggs, be permitted to occupy the house in which they now live and garden adjacent thereto, situated on what is known as the "Hawk Farm" during her natural life unless it should become necessary or my said executor deems it advisable to sell said real estate.
Item 13th - I hereby nominate and appoint my beloved wife, Sarah A. Sutterfield, as executor of this my las Will and Testament, herby authorizing and empowering her, if it should become necessary to pay my debts, or if she should deem it advisable to sell by private sale, or in such manner and upon such terms of credit, or otherwise as she may think proper, all or any part of my real estate not heretofor disposed of, and to execute, acknowledge, and deliver deeds to the purchaser for the same in fee simple, and I desire that no appraisement of my personal property be made and that my said executor be not required to give bond by the Probate Court for the performance of the trust herein reposed in her as I have full faith in her ability and integrity to carry out fully the provisions of this my last Will and Testament.
In testimony hereof, I have hereunto set my hand this 7th day of December, A.D. 1901.
Charles W. Sutterfield
Signed and acknowledged by said Charles W. Sutterfield as his last Will and Testament in our presence, and signed by us in his presence and at his request.
D.R. Sutterfield
Horace G. Petit