Layton Yancey Will

Layton Yancey will - Transcribed by Philip Yancey pyancey@cmtaegrs.com - Layton Yancey is thought to be the son of James Yancey & Nelley Baynes, and grandson of Thornton Yancey of Granville Co., NC


" It appearing to the Court that on the 22nd day of June A.D. 1854 the last Will and testament of Layton Yancy deceased was duly admitted to Probate and record in the Probate Court of Hamilton County Ohio and that the original Record of said Will and the probate thereof upon the Record and Journal of said Court were destroyed in the burning of the Courthouse on March 29th A.D. 1884, but that the original Will and the testimony of witnesses thereto were preserved it is now ordered by the Court on it’s own motion that the record of said Will and the probate thereof be and the source is hereby restored from said original Will and testimony as provided by Statute in the words and figures following to wit. Please at the Courthouse in Cincinnati in the County of Hamilton and the State of Ohio of the Hamilton County Probate Court at a session thereof held at the place aforesaid on the 22nd day of June in the year of our Lord one thousand eight hundred and fifty four before the Honorable J.B. Warren, sole Judge of said Court. The State of Ohio Hamilton County SS: Probate Court Be it remembered that on the day and year aforesaid the last Will and Testament of Layton Yancy late of this County deceased was this day duly presented to the Court for probate and record clothed in words and figures following to wit.:

In the name of God Amen, I Layton Yancy of Miami Township in the County of Hamilton and State of Ohio being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make, ordain, publish and declare this to be my last Will and Testament that is to say first after all my lawful debts are paid and discharged the residue of my estate Real and personal, I give and bequeath to my beloved Wife the land and appurtenances situated thereon lying in the town of Burton in the County of Adams and the State of Illinois and my personal property, monies and effects now possessed by me during the term of her natural life. In Witness whereof I have hereunto subscribed my name and affixed my Seal this eighth day of December in the year of our Lord one thousand eight hundred fifty three. Layton (his mark) Yancy (seal affixed).

The above written instrument was subscribed by the said Layton Yancy in our presence and acknowledged by him to each of us and he at the same time published and declared the above Instrument so subscribed to be his last Will and Testament and we at the Testator’s request and in his presence have signed our names as witnesses hereto and written opposite our names our respective places of residence. William S. Markland – Ervina, Hamilton County Ohio. John Moore – Miami Township, Hamilton County Ohio. Ireal Applegate – Green Township, Hamilton County Ohio. Thereupon on the same William S. Markland, John Moore and Ireal Applegate the subscribing witnesses of the last Will and Testament of Layton Yancy deceased personally appeared in open Court and were duly sworn and examined according to the law touching the due execution of said Will and testimony therein was reduced to writing and filed in manner and forum following to wit: State of Ohio Hamilton County SS: Hamilton Probate Court, probate of the last Will of Layton Yancy deceased prosecuted on the 22nd day of June A.D. 1854 personally appeared in open Court William S. Markland and John Moore two of the subscribing witnesses of the last Will and Testament of Layton Yancy deceased who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said Will depose and say that they together with Ireal Applegate were present at the making of said Will and at the request of the deceased subscribed their names to said Will as witnesses in the presence of the deceased and of each other that they saw the said Layton Yancy deceased sign and seal said and heard him acknowledge the same to be his last Will and Testament that the said Layton Yancy was at the time of making, signing and sealing said Will of legal age and of sound and disposing mind and memory and under no unlawful restraint whatsoever. William S. Markland. John Moore. Sworn to and subscribed in open Court this 22nd day of June A.D. 1854. J.B. Warren Probate Judge Now here to wit: on the same day our said Court made an order herein as follows in the matter of the last Will and Testament of Layton Yancy. The last Will and Testament of Layton Yancy late of this County deceased was this day duly presented to the Court for probate and record thereupon Wm. S. Markland and John Moore two of the subscribing witnesses to said Will personally appeared in open Court and were duly sworn and examined according to law and their testimony therein was reduced to writing and filed. It appearing to the Court from the testimony so taken that said Will was duly executed and that the Testator of the time of executing the same was of full age, sound mind and memory and not under any restraint the Court now admits said Will to probate and orders the same together with testimony to be recorded according to the statute in such cases made and provided. It is further ordered by the Court that the said Will and the probate thereof be re-recorded and the same is now done and that said record have the same force and effect as said original Record."

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