Last Will and Testament of Alexander "Alex" McIntire
The following transcription of the Last Will and Trust of Alexander “Alex” McIntire being hand written in the writers’ best 1864 script! However it was challenging to transcribe given the microfiche copy and unfamiliar language. If you wish to correct something that is misrepresented, please reach out to me and it shall be corrected! Thank you!
This document certainly underscores the complete care and concern that Alexander had for his disabled sister, Edith. His desire to see that his estate would be managed to include her care is remarkable. Also, the complete absence of any mention his leaving a portion of his estate to a spouse gives evidence that Alexander had never been married, nor had children. Nancy and Elizabeth, the daughters that were listed in the 1850’s U.S census were in fact the daughters of his brother Richard, who lost his wife Sovenia, and the girls mother in 1841. They lived with their uncle Alex and aunt Edith during this trouble time. Elizabeth passed away in 1855 and her sister married in 1853.
The State of Ohio Fairfield County Ohio
Rec’d Remembrance that on the 17th day of October in the year of our Lord one thousand eight Hundred and sixty four the following paper writing purporting to be the last will and testament of Alexander McIntire late of the County and state fore ssaod deed was produced in the Probate Court of said County and offence for Probate to wit: In the Name of the Benevolent Father of all.
I Alexander McIntire of the County of Fairfield and Stte of Ohio do make and publish this my last will and testaments.
1st) It is my will that all my just debts and all legal charges against my Estate be paid.
2nd) I give and divide all the ( ) of my Estate Real and Personal to my sister Edith McIntire during her natural life should she survive me. Except my buggy which I give her to dispose of as she may see fit.
3) Should I survive my said sister Edith then at my death I wish my Real and Personal Estate then remaining to be sold by my Executor who will here after be mentioned at possible sale, another proceed thereafter be equally divided between my brothers Andrew McIntire or his legal heirs of the State of Indiana, Richard McIntire or his legal heirs off the State of Indiana once the heirs of my Brother John McIntire (he being dead) of the State of Illinois and the heirs of my sister Abby Lisle (she being dead) of the State of Ohio.
4)Should my sister Edith not need all of my personal property on hand at my death it is my desire that she sell a part thereof to pay my debts.
5) I do hereby nominate and appoint Geo. L Hamilton Executor of this my Last Will and Testament.
In testimony whereof, I have hereunto set my hand and seal this 2nd day of July A.D. 1864.
Signed with a Seal Alexander McIntire
Signed and acknowledged by said Alexander McIntire a his Last Will and Testament
Stamp
Robert L Barnet
Jacob F Clark
And therefor the testimony of said subscribing witnesses said will was taken and in open Court reduced to writing as follows to wit:
The State of Ohio Fairfield County
We Robert L. Barnet and Jacob L Clark being duly sworn in open Court this 17th day of October A.D. 1864 deposed and say that we were present at the Execution of the Last Will and Testament of Alexander McIntire hereunto that we saw the said Testator subscribe said will and heard him publish and declare the same to be his Last Will and Testament and that the said testation at the time of Executing the same was of full age and of sound mind and memory and not under any restraint and that we signed the same as witnesses at his request and in his presence and in the presence of each other.
R.L. Barnet
Jacob L. Clark
Sworn to and subscribed before me the 17th day of October A.D. 1864
And afterwards to wit on this 17th day of October A.D. 1864 the following entry was made on the journal of said Court to wit:
October 17th A.D. 1864
In the matter of Alexander McIntire will
The Last Will and Testament of Alexander McIntire late of Fairfield County, Ohio deceased was this day produced in Court once offered for Probate by family in the execution said Will named and Robert L Barnet and Jacob L. Clark, the subscribing witnesses to said will appeared and in open Court on oath testified to the due Execution of said will which testimony was taken and in open Court reduced to writing and by them respectively subscribed and filed with said will. And if ( )to the Court said testimony that said will award attesive and executied and that said testator at the time of executing the same was of full age and of sound mind and memory and not under any restraint. It is ordered by the Court that said will and testimony be duly recorded and thereof ( ) Geo. F. Hamlin the executor named in said will and accepted the trust of Executing said will it is therefore ordered by the Court that said Executor five Bond in the sum of three thousand dollars with two Sureties to the acceptance of the Court conditioned according to law. And therefore came said executor and gave bond in the sum of three thousand dollars with Jacob Clark and Robert L Barnet as his executors which bond and the amount thereof, and the sureties therein is hereby approved. And the court appointed Jacob Clark, Samuel C. Hedges and Andrew C Loudren appraisers of the Goods and chattels of the decedent. And said executor being sworn testimony that the value of said estate both real and personal ( ) virtue of said will does not excuse two thousand dollars. This therefore ordered that United States Internal Revenue stamps to the value of one dollar be placed on said will which is accordingly done and there from latters testament (. ) said executors.
Leo Hune
Probate officer
