Probate of John Young Tharp's Will
in Marion County, Ohio
John made his will on May 28, 1849 at age 73 just four days before he died from kidney stones from which he'd been suffering for over three weeks according to the U.S. Federal Census Mortality Schedule of 1850.
In his will he names his wife Mary and children William, Sarah, John, Rachel Eleanor, Mary, Alexander, and Ann. He also names a grandson William and the children of his deceased son George W.
He bequeathed Mary their 80 acre farm in Claridon Township along with all the animals, tools, and household goods. The estate was to be divided among all the children, but William, after her death.
Mary and son John S. Tharp were named executors.
Why William, the oldest child, was left $1.00 and excluded from the division of estate is unknown, but it's possible that he had left Ohio and they weren't aware of his whereabouts.
June 7, 1849
At a Court of Common Pleas within and for the County of Marion and state of Ohio held at the courthouse in Marion June 7th in the year of our Lord eighteen hundred and forty nine Present Ozias Bowen, Presidents Thomas J. Anderson, Samuel Ivy, John Merrill associate Judge of said Court.
Be it remembered that on the day and year aforesaid the last will and testament of John Y. Tharp late of Marion Ohio deceased was produced in open Court which said will reads in the words and figures following to wit:
I, John Y. Tharp, of the County of Marion and State of Ohio do make and publish this my last will and testament in the manner following that is to say;
First it is my wish that my funeral expenses and all my just debts be fully paid.
Second I give and devise and bequeath to my beloved wife Mary Tharp (in lieu of her dower) the plantation on which we now reside situated in Claridon Township county and state aforesaid containing about eighty acres between the north point of the southeast quarter of section found in Township, County, and State aforesaid containing about eighty acres during her natural life and all the livestock horses, cattle, sheep, hogs by me now owned and kept thereon likewise all implements of husbandry by me now owned for working of said land also all the household furniture and other items not particularly named and otherwise disposed of in this will during her natural life as aforesaid she however first disposing of a sufficiency thereof to pay my just debts of aforesaid.
Third I bequeath to my son William Tharp one Dollar to be paid by my said wife Mary on demand after my decease and that at the death of my wife all the property hereby devised or bequeathed to her as aforesaid or as much thereof as may then remain ___ it is my will shall be divided between my following children and grandson Sarah Overly, John S. Tharp, Rachel McCue, Eleanor Bell, Alexander Tharp, Mary Hatfield, Ann Elliott and my grandson William Tharp share and share alike and to their heirs and assigns forever.
Fourth I bequeath to the heirs of the late Geo W. Tharp $1.00 to ___.
And lastly I hereby constitute and appoint my said wife Mary Tharp and my son John S. Tharp to be the executors of this my last will and testament revoking and annulling all former wills by me made and certifying this and no other to be my last will and testament.
In testimony whereof I have hereto affixed my hand and seal this 28th day of May AD 1849.
John Y. Tharp (seal)
Signed, Sealed and Declared by the above John Y. Tharp as and for his last will and testament in the presence of us who set his request have signed as witnesses to the same
Joseph Hamly William Thew
And William Thew and Joseph Hamly the subscribing witnesses to said will appeared in open court and on oath testified to the due execution of said will which testimony was reduced to writing and by them respectively subscribed and filed with said will which testimony reads in the words and figures following to wit:
The state of Ohio, Marion County court of Common Pleas June 7th AD 1849. We William Thew and Joseph Hamly do solemnly swear that the paper now produced in open court is the last will and testament of John Y. Tharp late of said county deceased was on the 28th day of May 1849 signed, sealed, and published and declared by the said John Y. Tharp (in life but since deceased) as his last will and testament in our presence and that we at his request and in this presence subscribed the same as witnesses thereto that at the time of said signing sealing and publishing said will as aforesaid said John Y. Tharp was over twenty one years of age of sound mind and memory and not under any restraint.
William Thew
Joseph Hamly
Sworn and subscribed in open Court this 7th day of June AD 1949
And is appearing to the Court by said testimony that said will was duly attested and executed and that the said Testator at the time of the executing of the same was of full age of sound mind and memory and not under any restraint.
It is ordered by the Court that said will and Testimony be recorded thereupon Mary Tharp and John S. Tharp the executors in said will named appeared in open Court and signified their acceptance of the ___ of executing said will it is therefore further ordered that letters of testamentary be issued to them on their giving Bonds in the sum of Eight Hundred Dollars with William Garbinson and William Hatfield as sureties conditioned according to law the Court appointed William Thew, Joseph Hamly and John Ivy appraise the personal estate of said Testator.
To the Court of Common Pleas The County Marion and State of Ohio
I Mary Tharp widow of John Y Tharp late of said County deceased Testator do elect and choose to take and accept the provisions for me in and by the will of my said deceased Husband in lieu of Dower and do hereby relinquish my right of Dower in the real estate of and said Testator
Respectfully submitted
Mary X Tharp
Her Mark
June 7th 1849
Attest
Jas H. Godman
Transcribed from https://www.familysearch.org/ark:/61903/3:1:3QSQ-G9QV-T4PG