\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