\osborne\contrib\carlosburn\thoswill.txt Updated: 12/15/2005
Will and Probate of Thomas Osborn
(Contributed by Carl Osburn)
Thomas Osborn's Will
Be it remembered that on the fifteenth day of December in the year one
thousand eight hundred and fifty four William H. Osborn and John H. Osborn,
the Executors named in the said last will and testament of Thomas Osborn,
late of the town of Macon in the county of Lenawee in the State Of Michigan
appeared in open court before the Surrogate of the County of Seneca and State
of New York and made application to have said last will and testament
admitted to probate, and on said application, the Surrogate did ascertain
that said William H and John H. Osburn were the Executor named in Said Will.
That letters testamentary had been issued to them under the Seal of the Judge
of Probate of said County of Lenawee, and they had duly taken upon themselves
the trust mentioned & described in said Will, and that said Testator had left
assets In said County of Seneca in the State of New York at the time of his
death and upon production of a duly authenticated copy of said last will and
Testament, and the proof taken in said Probate Court upon the proof of the
last Will and Testament under the Seal of the Probate Court of said County of
Lenawee; State of Michigan. He ordered and adjudged that said last Will and
Testament be admitted to Probate. Which said authenticated copy, and the
whole thereof together, with the certificates thereto appended, are in words
and figures following, to wit,
State of Michigan
County of Lenawee S S Probate Court for said County
In the matter of the Estate of Thomas Osborn, deceased
By Consider A. Stacy Judge of Probate
For said County S S
For William H. Osborn and John H. Osborn
of said County.
Greeting:
Whereas Thomas Osborn lately departed this life testate, being at or
immediately previous to his death an inhabitant of the County of Lenawee and
having while he lived, and at the time of his decease, Estate within said
County of Lenawee to be administered:
And Whereas, At a Session of said Probate Court, holden at Adrian in said
County on the fifth day of June in the year of our Lord One Thousand Eight
Hundred and fifty four, the last Will and Testament of said deceased, (a copy
whereof is hereto annexed) was duly proved, approved, and allowed, and
wherein you are appointed Executors thereof whereby the power of committing,
administration and full disposition of all and singular the goods, chattels,
rights, credits and estate whereof the said deceased died possessed, in the
State of Michigan, and also the hearing, examining, and allowing the account
of such administration, doth appertain unto me; and you having given a bond,
in the premises which has been duly approved and filed as required by law in
that behalf. Now, therefore, trusting? In your case and fidelity, I do, by
these presents commit unto you the said William H. Osborn & John H. Osborn
full power and authority to administer and faithfully dispose of according to
law, and the Will of the said Testator, all and singular the goods chattels,
rights, credits and estate of said deceased, within the State of Michigan,
which shall at any time come to your possession or to the possession of any
other person for you, and to ask, gather, levy, recover and receive all the
goods chattels, rights, credits and estate whatsoever, of said deceased,
which to him while he lived and at the time of his death did belong; and to
pay and discharge all debts, legacies and charges, chargable on the same, or
such dividends thereon as shall be ordered and decreed by said Court: Hereby
requiring, you to make and return to said Court, within three months, a true
and perfect inventory, of all the goods, chattels, rights, credits and real
Estate of said deceased, which shall come to your possession or knowledge, or
to the possession of any other person for you, and also to render a just and
true account of your administration to said Court, within one year, and at
any other time when required by said Court, and to perform all orders and
decrees of said Court by you to be performed in the premises.
In Testimony Whereof, I have hereunto set
my hand and Seal ofsaid Probate Court, at
Adrian, the seventh day of June, in the year
of our Lord, One thousand, Eight Hundred
And fifty four
Consider A. Stacy
Judge of Probate
State of Michigan
County of Lenawee S S Probate Court for said County
In the matter of the Estate of Thomas Osborn deceased.
Know all men by these presents, That we, William H. Osborn and John H. Osborn
principles & Birdseye J. Birdwell Aethbent? Anderson, Surrities, within the
State of Michigan, are holden and stand firmly bound and obliged unto
Consider A. Stacy Esq; Judge of Probate in and for the said County of Lenawee
in the full sum of thirty thousand dollars, lawful money of the United States
of America, to be paid unto the said Consider A. Stacy, his successors in the
said office, or assigns; to the true? payment whereof we do bind ourselves,
and each of us, our and each of our heirs, executors, and administrators,
jointly and severally, for the whole, and in the whole, firmly by these
presents: Sealed with our seals-Dated the fifth day of June Anno Domini One
Thousand Eight Hundred and fifty four. Whereas, The above bounden? William
H. Osborn & John H. Osborn have been appointed, under the Will, by the
Probate Court, of said County, Executor thereof & of the Estate of Thomas
Osborn, late of said County, deceased. Now the condition of this present
Obligation is such that if the above bounden William H. Osborn & John H.
Osborn shall well and truly perform, observe, and keep the conditions
following, to wit: 1st That they shall make and return to the Probate Court
aforesaid, within three months, a true and perfect inventory of all the
goods, chattels, rights, credits, and whole of the said deceased, which shall
come to their possession or knowledge, or to the possession of any other
person for them. 2nd That they shall administer, according to law, and to the
will of the Testator, all the goods chattels, rights, credits and estate of
the said deceased, which shall at any time, come to their possession, or to
the possession of any other person for them, and out of the same pay and
discharge all debts, legacies, and charges chargeable on the same, or such
dividends thereon as shall be ordered and decreed by the Probate Court
aforesaid; 3 d That they shall render a just- and true account of their
administration to the Probate Court aforesaid, within two years, and at any
other time when required by such Court: And 4th That they shall perform all
order and decree of the Probate Court, aforesaid, by the said Executors to be
performed in the premises: Then the before written Obligation to be void and
of none effect, or else to abide and remain in full force and virtue.
Signed, Sealed and delivered William H Osburn Seal
In the presence of John H. Osborn Seal
E.A. Tirbon? A. Anderson Seal
L.? H. Hampton B. J. Birdsall Seal
Lenawee County s s At a Session of the Probate Court in and for
said County holden at Adrian, on Monday the 5th day of December 1854
I have examined and do approve of
the foregoing Bond, and order the same to be filed and recorded in the
Probate Office of said County
C.A. Stacy
Judge of Probate
State of Michigan S S
County of Lenawee
At a Session of the Probate Court for
the County of Lenawee holden at the probate office in the city of Adrian on
Monday the fifth day of June in the year one thousand eight hundred and fifty
four.
Present Consider A. Stacy Judge of Probate
In the matter of the Estate of
Thomas Osborn, deceased This day having been opened featuring the
petition of William H. Osborn praying amongst other things for the Probate of
the instrument heretofore filed in this Court, purporting to be the last will
and testament of said deceased now? comes this said petitioner, and no one
appearing to oppose the prayer of said petitioner. And it appearing to the
Court by due proof on file that a Copy of the order of this Court touching
the hearing of Said petition made on the tenth day of May last week(year?),
has been duly published as herein directed whereby all parties interested in
the premises were duly notified of said hearing Whereinfor E.B. Woods one of
& of James Mathur & E.F. Moseley the Subscribing witnesses to Said instrument
appeared in Court and made oath that he saw Said Thomas Osborn at the
curruserv ?? said Corril of Service? sign seal and heard him publish and
declare the Said instrument to be his last will and testament and that he &
C.A. Stacy Subscribing witness at the same time attested ?? ?? and
Subscribed their names as witnesses thereto in the presence of each other and
of the Said testator and at his request, and that he was then according to
the discernment of Said E. B. Wood of Sane mind and further appearing that
said Thomas Osborn last dwelt and died his residence in and? was ??
whereabout? Of Macon in Said County, and there died. And the evidence
touching the premises being natural Considered & Satisfactorily appears? To
this Court that said instrument is due proved and ought to be allowed as the
last will and testament of said deceased. - It is therefore ordered allowed
Established and has full force and Effect as the last will and testament of
said deceased and that the Same be recorded as required by law. -- And it
is further ordered that the Execution of Said Will be committed and the
administration of the Estate of the Said deceased bequeathed to Said William
H. Osborn & John H. Osborn the Executors in Said Will named, who are ordered
to give Bond in defurrul? Sum of thirty thousand dollars with sufficient
Surities? as required by the Statute in Such case made and proved, and refer
the ?? being duly proved and filed that Letters Testamentary do ?? ?? in the
premises
Consider A. Stacy Judge of Probate
Will
The last Will and Testament of Thomas Osborn of the Town of Macon.
I am now in Macon, Lenawee County and State of Michigan. I the said Thomas
Osborn of this place aforesaid, being of sound mind and memory, do make and
publish this my last Will and Testament as follows, viz, I give and bequeath
unto my beloved wife Louisa two hundred & eighty dollars to be paid to her by
my Executors, each and every year annually during her natural life out of my
estate, and the use of house owned by me, and where we shall live at my
death, during all the time she shall remain my widow provided she shall
choose to live on it and take care of it; if my beloved wife shall choose to
take the sum above bequeathed to her in lieu of a certain sum secured, to?
her? be paid to her by a written contract made and executed the 26th day of
April 1832 and signed by my self and Louisa More before she became my wife,
which contract is enclosed in this my last will. and I also give to my
beloved wife Louisa all my household furniture, one cow, one horse, and one
buggy wagon, and directing, Executors to put out and keep and keep a sum of
money secured by bond and mortgage on real estate, sufficient to give an
interest to pay to my beloved wife Louisa the said two hundred and eighty
dollars annually as above directed so long as she shall live.
I give and bequeath to my son John H. Osborn four thousand five hundred
dollars, to be paid by my executors out of my Estate.
I give to my son William H. Osborn four thousand five hundred dollars to
be paid by my executors out of my estate.
I give and bequeath unto my son Hiram Osborn and to his heirs the farm
on which he now lives in the Town of Ovid, in the County of Seneca and State
of New York suposed? to contain, one hundred and eighty acres of land, the
same more of less. I also give to my son Hiram Osborn, one thousand dollars
in cash, and twenty five shares of stock in the Woolen Manufacturing Company
at Waterloo in Seneca County, State of New York, said shares is called worth
fifty dollars each, which I direct my Executors to transfer to my said son
Hiram Osborn
I give and bequeath unto my daughter Rebecca Blackwood, five hundred
dollars in cash to be paid by my Executors our of my Estate, and I also give
to my daughter Rebecca Blackwood, ten shares stock in the Woolen
Manufacturing Company in Waterloo in the County of Seneca, and State of New
York, to be transferred by my Executors said shares is called worth fifty
dollars each.
I give and bequeath unto my daughter Jane Blackwood, two thousand
dollars in cash to be paid by my Executors out of my Estate provided she
shall be living at my death. I also give to my daughter Jane Blackwood, ten
shares stock in the Woolen Manufacturing Company in Waterloo in the County of
Seneca, and State of New York, and direct my Executors to transfer the same
to the said Jane, but if she shall not be living at my death then, it is my
Will, and I do hereby direct my Executors to retain the said two thousand
dollars and all the dividends made by said factory, and received by my my
(sic) said Executors in their hands, and pay the same over to her children as
they shall arrive at the age of twenty one years.
I give and bequeath to my daughter Matilda Darling, the farm on which
she now lives, in the Town of Macon, County of Lenawee, and State of
Michigan, being the southeast corner on quarter of Section fifteen, in said
town of Macon. I also give to my said daughter Matilda Darling, one thousand
Dollars in Case to be paid by my Executors out of my Estate.
I also give to the children of the said Matilda which she now has, or may
have hereafter by Henry Darling her present husband, One Thousand Five
Hundred dollars to put out on interest by my Executors, and secured by bond
and mortgage of real Estate, the interest of said One Thousand five hundred
dollars is to be paid annually by my Executor to my said daughter Matilda
until Mary, her oldest daughter, shall arrive at the age of twenty four
years, and then my Executors are directed to pay one equal part of Eight
Hundred dollars to the said Mary Darling, according to the number of children
my said daughter Matilda may have when the said Mary shall arrive at the age
of Twenty four years, and so to continue to pay my daughter Matilda's
children as they arrive at the age of twenty one year, until the said eight-
hundred dollars is exhausted and the remaining seven hundred dollars shall
remain in the hands of my Executor until the death of my said daughter
Matilda, and at her death it shall be divided among her surviving children,
but the interest of all sums of money in the hands of my Executors and
growing out of the seven hundred dollars shall be paid annually to my said
daughter Matilda, during her life and then the said seven hundred is to be
divided among her surviving children.
I give and bequeath to my daughter Margaret Terry, two thousand five
hundred dollars to be paid by my Executors out of my Estate.
I give to my brother John Osborn and to Betsey his wife a life-estate in
South half of the east half of the south East quarter of Section 16 in the
Town of Macon to hold the same during their joint lives and the life of the
survivors, and provided my said brother John shall pay what the said forty
acres cost at the office, and the interest, deducting, what interest he has
paid them, I direct my executors to make a delivery, to my said brother a
grant(quick?) claim deed for said forty acres.
I give to my half brother Malcom Dunn a life Estate in and to the farm he
now lives on in the Town of Caply?, Summit County and State of Ohio
containing about forty three acres of land.
I give and bequeath unto Elizabeth Hogarth my sisterinlaw five hundred
dollars to be paid by my Executors out of my Estate.
I give and bequeath to John Morgan Avery, my grandson, fifty dollars
besides the two thousand five hundred dollars secured to him by mortgage on
the old farm and belonging to me in the Town of Ovid, County of Seneca, and
State of New York, and if there should be an real Estate belonging to me and
not conveyed, I authorize my Executors to sell the same, and give such times?
of payment as they shall think right and proper, and convey the same by deed
or deeds to the purchasers, and the avails shall be a part of my personal
estate.
And if my personal and real estate shall amount to more than the above
legacies, I direct the surplus to be divided among the said legaties in the
?? of the above or foregoing legacies, and it is to be understood that no
charges is to be made by any of the foregoing legaties for any aid or
services rendered to or for me previous to this date of this my last Will and
Testament and I do hereby constitute and appoint my son William H. Osborn and
my son John H. Osborn to be my Executors of this my last Will and Testament,
revoking all former Wills made by me at any time previous to this date in
witness whereof I have hereunto set my hand and seal the twenty seventh day
of May one thousand eight hundred and fifty two.
Signed, Sealed, published and
Declared by the Testator, as his last Thomas Osborn S S
Will and Testament the day above
written
E.B. Wood of Tecumseh, Lenawee County, Mich
C. A. Stacy " " " "
Codicil to my last Will and Testament
I Thomas Osborn of Tecumseh, Lenawee County Michigan do make
publish and declare the following alterations and changes in my last Will as
a Codicil Hereto as follows:
1. I direct then in case I have no house at the time of my death I
direct my Executors to purchase a home with eight or ten hundred dollars for
the use of my said wife while she remains my widow or in case she shall elect
shall put such sum at interest and pay her the interest on the said sum
during said time.
2. I direct in case the horse, buggy, and harness is not worth two
hundred dollars then I will that my Executors shall pay to my said Wife
enough to make two hundred dollars with said horse, buggy and harness.
3. I will that my daughter Rebecca Blackwoods bequest? shall be
reduced by deducting from her request the five hundred dollars willed to her
in Factory Stock.
4. I deduct from Jane Blackwoods share? Five hundred dollars willed
to her in Factory Stock, and the Balance bequeathed to her shall be retained
by my Executors and the interest paid to her yearly as long as she shall
live, and after her death to be paid in equal shares to her children as fast
as they become twenty one years of age.
5. I deduct five hundred dollars out of the sum payable in Cash to
my daughter Matilda Darling.
6. I deduct from Wm H. Osborns share four hundred dollars in cash
and give him in place thereof eight shares of Factory Stock worth at par four
hundred dollars.
7. I deduct from my son John H. Osborns share four hundred dollars
cash and give him in place thereof eight shares Factory Stock worth at par
four hundred dollars.
8. I give and bequeath to my sister in law Elizabeth Hogarth the use
of five hundred dollars during her natural life, that sum to be put out at
interest and the interest paid to her yearly by my Executors this being in
addition to the sum bequeathed her in my Will.
9. the Farm in Summit County Ohio of which I willed a life estate to
my half brother Malcolm Dunn, I extend the Estate to hold during the life of
himself and his wife and the life of the survivor.
Dated July 13th 1853
Thomas Osborn S S
Signed, Sealed, published and declared to be a codicil to his last Will and
Testament and we in his presence and his request and in the presence of each
other have hereunto signed our names as witnesses
E.B. Wood of Tecumseh, Lenawee County, Mich
C.A. Stacy " " " "
Codicil to my last Will and Testament
I Thomas Osborn of the Town of Macon, County of Lenawee, and State of
Michigan do make, publish, and declare the following alterations and changes
in my last will and codicil thereto as follows
1st I direct that my beloved wife Louisa shall have five hundred dollars
more than is provided for in my last Will to be paid to her at my death by my
executors our of my estate and in lieu of a house if I should have one, there
shall be put out on interest a sum of money sufficient to produce an interest
of fifty six dollars a year and secured by bond and mortgage the interest of
which shall be paid to her annually during all the time she shall remain my
widow said money to be paid by my Executors, but is she should choose to
take, the the use of the house ?? shall own and live when I die in lieu of
the fifty six dollars aforesaid, she may elect for herself and my executors
is to be governed by her election.
Thomas Osborn S S
Peter W. Miler Macon
James P. Wilkens Macon
James Walker Macon
Dated Aug 25 1853
Whereas I Thomas Osborn of Macon in the County of Lenawee and State of
Michigan have made my last Will and Testament in writing bearing data as
above the twenty seventh day of May in the year of our Lord one thousand
eight hundred and fifty two (written over three) by which with other bequests
I have bequeathed to my wife Louisa the use of the house owned by me and
where we shall live at my death during the time she shall remain my widow to
which said last Will and Testament I have attached a Codicil bearing date
July thirteenth, one thousand eight hundred and fifty three in which I direct
my Executors to in case I have no house at the time of my death purchase a
house worth eight or ten hundred dollars for the use of my said wife while
she shall remain my widow, or in case she shall elect, shall put such sum at
interest, and pay her the interest during said term, and also another Codicil
dated twenty fifth day of August one thousand eight hundred and fifty three
which in lieu of a house if I should have one there shall be put on interest
a sum of money sufficient to produce an interest of fifty six dollars to be
paid to her annually during the time she shall remain my widow, or if choose
she may have the use of the house which we may own and live in when I die.
Now therefore I do by this my writing, which I do hereby declare to be a
Codicil to my said last Will and Testament and to be taken as part thereof
order and declare that my will is that the interest of one hundred dollars be
paid to my said wife annually instead of all the above named legacies,
providing for a house or the interest on the above named sum, in lieu or a
house during the time she shall remain my widow, said interest is to be paid
by my Executors.
Dated April fourteenth A.D. one thousand eight hundred and fifty
four.
Thomas Osborn (his mark) S S
Signed, sealed, published and declared to be a Codicil to his last
Will and Testament and we in his presence and his request and in the presence
of each other have hereunto set our hands as witness ?
James Walker Macon, Lenawee County Michigan
C.S. Morely " " " "
State of Michigan I consider A. Stacy Judge of Probate
Lenawee County in and for the County of Lenawee aforesaid
Do certify that the foregoing is a true copy of the original Will of Thomas
Osborn late of said County of Lenawee deceased, of the Decree of the said
Court of Probate for the allowance and record thereof of the bond given the
Executors named therein and of the letters testamentary issued by said court,
that I have carefully compared the same with said originals & that they are
correct transcripts therefrom & of the whole of such originals
In witness whereof I have hereunto set my
S S hand & affixed the seal of the said Court of Probate
this fourth day of December in the year one
Thousand eight hundred and fifty four
Consider A. Stacy
Judge of Probate
State of New York
County of Seneca s s I John E. Seeley Surrogate of the said County of
Seneca do certify to all whom it may concern that the last Will and Testament
with three Codicils thereto annexed of Thomas Osborn, Late of the Town of
Macon, in the County of Lenawee in the State of Michigan, deceased, has been
duly admitted to probate by me, upon the production of a duly authenticated
Copy thereof, from under the Seal of the Probate Court of the said County of
Lenawee, in which the same was proved. And I further certify that the
foregoing is a correct Record of such authenticated copy and the proofs
accompanying the same:
In testimony whereof I have hereunto set my
hand this fifteenth day of December in the
S S year of our Lord, One Thousand Eight Hundred
and Fifty Four
John E. Seeley
Surrogate
Transcribed from SAMPUBCO copy by Carl Osburn
Macon, Lenawee County, Michigan; Will Book R page 344-354