filed: 28 November 1822
location not shown
Darke County, Ohio

In the name of God, Amen. I, Jacob Cox of the County of Darke and State of Ohio, being in perfect health of body and sound and deposing in mind, memory and understanding, considering the certainty of Death and the uncertainty of Life and being willing to settle all my worldly affairs and thereby be prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last Will and testament in manner and form following

First, and principally I commit my body to the earth to be decently buried at the discretion of my executors hereinafter mentioned and after my just debts and funeral charges are paid.

First, I give and bequeath unto Martin Cox, my oldest son, north east quarter of Section No. 14 in Township Twelve Range One east of the meridian, lying in the County Of Darke aforesaid and one horse and two cows which property he has already received and the land I have deeded to him fee simple which is the said Martin’s full portion.

I also give and bequeath unto Jacob Cox my second son, a fraction Section No 13 Township and Range and County aforesaid, containing one hundred and ninety three acres and 6/100, for which he received a patent from the United States, the entry was made in his own name and I advanced the money to pay for the land; and likewise the south east quarter of Section No. Six in Township No 12 Range 2 east of the meridian in Darke County, containing 146.04 acres of land, amounting in all to three hundred and ninety nine acres, which is 19 acres more than his share and thirty eight dollars the said Jacob Cox is in debt. He likewise received one horse and two cows which is his full portion and thirty eight dollars over.

And further I give and bequeath unto John Cox, my third son, the north east quarter of Section No. 31 in Township No. Twelve of Range no. Two in the County aforesaid. containing one hundred and sixty acres of land, which entry was made in the said John’s name and he has received a patent from the United States; and likewise the fraction Section No. Thirty Six in Township 12 Range one in the County aforesaid, containing two hundred and twenty seven acres, amounting to three hundred end eighty seven acres of land, which entry was likewise in his own name; and he has received sixty seven acres more than his share, which amounts to one hundred and thirty four dollars which I have received apart the residue he is debt for. He has likewise received one horse and two cows, which is his portion in full of the moveable property.

I likewise give jointly unto Martin, Jacob and John Cox one wagon and harness for their use.

I further give and bequeath unto Abraham, my fourth son, the north half of Section No. One, Township Eleven Range One in the County aforesaid, for which I intend making his in fee simple, one horse and two cows that he received, which is the said Abraham’s portion.

I further give and bequeath unto Henry, my fifth son, the south half of the last mentioned Section One, Township Eleven, Range One East in Darke county, which he now lives on which he, the said Henry is not to have possession of until after my decease, at which time he shall possess the same in fee simple with all the moveable property then on the place owned by me in my lifetime and Henry and Abraham shall have the wagon and harness I now use jointly between them which he shall not _____ _____ _______.

I further give and bequeath unto Barbara Stingley, my eldest daughter, the south east quarter of Section No Twelve Township No. Eleven, Range One East, where she now lives for which she has received a deed in fee simple. She has received thirty seven dollars and one horse which is her full portion of my real and personal property.

I further give and bequeath unto Mary Waggoner my second daughter, the northeast quarter of Section No. Thirteen in Township Eleven Range No. One in the county aforesaid, for which she has received a deed in fee simple and likewise to receive one mare and two cows, which is to be her full portion of my real and personal properthy.

And further I give and bequeath unto Eve, my third daughter, and unmarried woman, the northwest quarter of Section No. 14 in Town No. Twelve Range No. 1, for which she has received a deed in fee simple; and further she is to have two cows and one horse worth forty dollars and upwards to be delivered on the day of her marriage, which is to be her full portion of my real and personal property.

And whereas my grandchild, John Cox, bound to me by an indenture bearing date September 4, 1820, bound by his mother, Mary Waggoner, then at the birth of the said John, Mary Cox, I by the indenture was bound to make him a deed in fee simple when he arrives to the age of 21 upon the conditions of the indenture the southeast quarter of Section No. Eleven in Town No. Twelve of Range One in the county of Darke aforesaid and if I should decease before the said John arrives at the age of twenty-one years, I therefore request my youngest son, Henry, to take charge of the said apprentice and comply with the requisition of the indenture as far as his education, boarding, clothing and lodging and the said Henry is to be entitled to the said apprentice’s labors with the accounting for same to the executor and the said Henry Cox will pay the tax of apprentice’s land till he arrives at full age of twenty one years.

And further if I should die before my wife, I will her to claim the right of dower off the place I now live on with real and personal property and so have the north end of the new house I am now building during her natural life and so much of the household furniture as she shall stand in need of.

And lastly I hereby appoint my two sons, Martin and Jacob Cox, my sole executors of this my last will and testament, annulling all else by me made as heretofore by me made and this only to be taken for my last will and testament and none other and I hereby authorize my executors to make all the deeds mentioned in the will to the persons entitled to receive them in fee simple if I should die before I execute them.

In testimony whereof I have hereunto set my hand and seal this first day of January eighteen hundred and twenty one.

Signed, sealed, published and delivered by Jacob Cox, the above named testator, for his last will and testament in the presence of us at his request and in his presence and in the presence of each other have subscribed our names as witness thereunto.

Archibald Bryson
Peter Livengood

Be it remembered that at a special Court of Common Pleas at Greenville on the 28th day of November, one thousand eight hundred and twenty-two, before the Honorable Enos Terry, John___ and James Rush, esquires, associate Judges of our said court of Common Please, came Martin Cox and Jacob Cox being the executors named in the within written last will and testament of Jacob Cox, deceased, which last will and testament being proven by the oath of Archibald Bryson and affirmation of Peter Livengood, subscribing witnesses thereto, is ordered to be recorded.

And the said Jacob Cox and Martin Cox pray administration of said Jacob Cox, deceased, according to the tenor and effect of the said will and testament and to them it is granted.