Jane Pancake (c1803-1899) Application to Probate Will (filed 22 Mar 1900) Ross Co. Probate Court, Case No. 10977
Application to Probate Will. [printed form]
In the Probate Court, Ross County, Ohio, Jane Pancake , Deceased.
To the honorable, the Judge of said Court:
And now comes A. W. Search and produces for admission to probate in said Court the Last Will and Testament (and codicil thereto [interlined]) of Jane Pancake , late a resident of the City of Chillicothe in said County, who died on the 19th day of December A.D. 1899.
Said Will was not deposited during the lifetime of the Testatrix in the office of the Judge of the Probate Court of said County, for safe keeping as allowed by law. Said Testatrix died leaving No husband surviving her [words his widow lined out], and the following persons, all of her next of kin, resident in the State of Ohio:
| NAME | DEGREE OF KINSHIP | P.O. ADDRESS |
| Mary Jane Search | Niece | Chillicothe, Ohio |
| Sarah Ellen Condon | " | Columbus, Ohio |
| John B. Greaves | Nephew | Omega, " |
A.W. Search
Jane Pancake (c1803-1899) Last Will and Testament Ross Co. Probate Court, Case No. 10977
I, Jane Pancake, of Chillicothe, Ohio, being of sound and disposing mind and memory, do hereby make and publish this my last will and testament.
Item 1. I will and direct that all my just debts and funeral expenses and costs and expenses of administering my estate, be first paid out of any money, personal property, chose-in-action or the proceed's of any real estate I may own at my death and authorized hereinafter to be sold by my Executor.
Item 2. I will give and bequeath to my Niece, Mary Jane Search, such part and portion of my household and kitchen furniture as she may desire and wish to take, and the residue thereof, if any, together with any other personal property I may own at my death, I will and direct Shall be sold by my Executor hereinafter named, at public or private sale as he may best, and upon such terms as he may think just and proper.
Item 3. I will give and devise to my said Niece, Mary Jane Search and her two sons, Orvil O. Pancake and Forest E. Pancake, in equal proportions, (that is, the equal undivided one third each) my Home Farm situate
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on the west side of the Scioto River in Jackson Township, Pike County, Ohio and containing about Four Hundred and eighty three (483.A.) acres, To Have and To Hold to them, said Mary Jane Search, Orvil O. Pancake and Forest E. Pancake and their heirs and assigns forever in equal proportions.
Item 4. The house and lot of ground in which I now reside, situate in Chillicothe, Ohio, and which I purchased of Elizabeth Carlisle, with all the privileges and appurtenances, I will and direct shall be sold by my Executor hereinafter named at public or private sale as he may think proper and best and upon such terms as he may think proper and at such time as he may think best, and said is hereby authorized to execute and deliver to the purchaser or purchasers deed or deed therefor in fee simple, and no order or decree of any Court shall be necessary or required to authorize my said Executor to sell and convey said home and lot and my said Executor is hereby authorized to rent or lease
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said home and lot until such time as the same is sold and to receive the rents thereof and to apply said rents toward the settlement of my estate. And the proceeds of said sale of said home and lot, shall be first applied toward the payment of a mortgage now held thereon by one ______ Floyd and the residue of said purchase money after satisfying said mortgage and interest shall be applied toward the settlement of my estate, and the payment of the two bequests of $500.00 each, to James Graham, my late husband's Nephew, and Roseann Haynes, wife of John Haynes, who now resides on my lands in Jackson Township Pike Co. Ohio.
Item 5. I will and direct that my Executor hereinafter named, as soon after my death as he may think proper, shall sell at public or private sale, as he may think proper, all that part of my lands lying on the East side of the Scioto River, in Jackson Township Pike Co. Ohio, to wit: About forty acres which my late husband, John Pancake,
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purchased of Christopher Brown and known as the "Brown Tract" Also that piece of land known as the "Leek Farm" and also that tract of land known as the "Smith Farm" the Brown Tract, the Leek Tract and the Smith Tract contain altogether about Two hundred and eighty acres (280 Acres) The "Smith Farm" is the tract my late husband purchased of Charles McCollister and the "Leek Farm" was purchased by him of the Leeks, and my said Executor is hereby authorized and empowered to sell said land, or any part thereof, at either private or public sale as he may think proper and to execute and deliver deed or deeds therefor in fee without any order or interposition of any Court and the proceeds thereof shall be applied toward the payment of my debts, the costs and expenses of settling my estate and the payment of the two bequests hereinbefore named to said James Graham and Roseann Haynes.
Item 6. I will give and devise unto my Nephew, John B. Greaves and my Niece, Ella
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Condon, wife of Clark Condon of Chillicothe, Ohio, in equal proportions, that is, one half each, all the residue of the land I own on the east side of the Scioto River, in Jackson Township Pike Co. Ohio, the lands hereby devised to John B. Greaves and Ella Condon are all the lands I own on the east side of the Scioto River, in Jackson Township Pike Co. Ohio, except the "Leek Farm" the "Smith Farm" and the "Brown Tract" which I have hereinbefore directed my Executor to sell and convey.
Item 7. And I further will and direct that in case the property and estate hereinbefore ordered to be sold by my Executor, should not be sufficient to pay all my debts funeral expenses, costs of administering my estate and the two legacies to said James Graham and Roseann Haynes, then and in that case, the lands so as aforesaid devised to the said John B. Greaves and Ella Condon shall be bound for such deficiency, and such part or parts thereof as is necessary shall be sold to pay the same, that is, such deficiency, and the land herein
[there appear to be one or more pages missing here]
In testimony hereof I have hereunto set my hand and Seal this 2nd day of April A.D. 1895, and I have also written my name on each page of this my last will and testament.
Jane Pancake (seal)
Signed sealed and acknowledged by said Jane Pancake, as her last will and testament in our presence, and signed by us in her presence and at her request and in the presence of each other.
April 2nd 1895
Harriet McClurg
Geo. D. Cole
[six pages total; witnesses also signed every page]
Jane Pancake (c1803-1899) Codocil to Will Ross Co. Probate Court, Case No. 10977
(Page 1)
Codicil To last Will and Testament of Jane Pancake
I, Jane Pancake of Chillicothe Ohio, being of sound and disposing mind and memory and being under no undue influence or restraint whatsoever, having made and published my last will and testament, which is hereto attached, on the 2nd day of April A.D. 1895, and being desirous of making certain changes in some of the provisions of my said last will and testament do hereby make and publish the following codicil to my last will and testament, that is to say:
I do hereby revoke and annull item number eight (8) of my said will, and give devise and bequeath to my nephew, R.H. Johnson of Bismark Illinois, the sum of Five Hundred ($500.00) dollars; and I give devise and bequeath to my nephew, J.H. Johnson of Bismark, Illinois, my nephew W.R. Johnson, of Oregon, my niece Mary E. Steward, of Danville, Illinois, my niece Polly Jane Moore, of near Bluffton Indiana, and my niece Jane Martin, whose residence I do not know, each the sum of Four Hundred ($400.00) Dollars.
I give and devise to James Graham, my nephew of Oklahoma Territory, the sum of Two Hundred and Fifty ($250.00) Dollars, instead of Five Hundred($500.00) Dollars as provided in Item 8. of my said last will and testament.
I do hereby revoke and annull Item nine (9) of my said last will and testament And whereas John Haynes husband of Roseann Haynes is indebted to me in the sum of $3124.65
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which is evidenced by his two Certain promissory notes dated Chillicothe Ohio Aug. 1st & 7th 1895 respectively. I therefore. instead of bequeathing said Roseann Haynes the sum of Five Hundred ($500.00) Dollars in money, as provided by Item nine (9) of said will, I hereby release said John Haynes, husband of Rosann Haynes, from the payment of One Thousand ($1000.00) Dollars, which would otherwise be due upon the notes above mentioned, and I do hereby authorize my Executor to credit said John Haynes with the payment of $1000.00 on said two promissory notes, leaving a balance thereon of $2124.65 with interest instead of $3134.65 with interest.
I do hereby revoke and annul all that part of Item number ten (10) of my said will which relates to the appointment of Forrest E. Dougherty of Waverly, Ohio, as Executor of my said last will and testament, and in his stead, I do hereby appoint Edw. U. Wiedler of Chillicothe, Ohio, Executor of my said last will and testament and of this, my Codicil thereto; hereby Conferring upon him and vesting in him all powers necessary to the proper administration of my said estate, as well as also all the powers that were vested by said last will in the said Forrest E. Dougherty, of Waverly, Ohio.
I further will and direct that should the property and estate hereinbefore ordered to be sold by my executor be insufficient to pay all my just debts and the legacies to said R.H. Johnson, J.H. Johnson, W.R. Johnson, Mary E. Steward,
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Polly Jane Moore, Jane Martin and James Graham, then and in that case, the lands devised to John B. Greaves and Ella Condon shall be bound to pay such deficiency, and such that part or parts thereof as necessary, shall be sold to pay the same, that is such deficiency, and the land devised to said Mary Jane Search, Orvil O. Pancake, and Forrest E. Pancake shall be exempt from sale for said purpose, until the whole of the land devised to said John B. Greaves and Ella Condon be exhausted.
I further will and direct that my said Executor shall apply the proceeds of the sale of the house and lot in which I now reside, first, to the payment of a Mortgage now held thereon by Ellen L. Taylor; the statement in Item 4 of my said will that one _____ Floyd held a mortgage thereon is a mistake and incorrect and should have been as here stated "a Mortgage now held thereon by Ellen L. Taylor"; second, to the payment of a Mortgage now held thereon by Hattie McClurg; and third, the balance or what may remain of such proceeds, together with the proceeds of the sale of all other property hereinbefore ordered to be sold by my executor, to the payment of all other just debts I may then owe and the several legacies or bequests made by me in this Codicil.
In testimony hereof I have hereunto set my hand this the 14th day of August 1895 and I have also written my name on each page of this my (Codicil to my) last will
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and testament.
Jane Pancake
Signed sealed and acknowledged by said Jane Pancake as a Codicil to her last will and testament in our presence and signed by us in her presence and at her request and in the presence of each other.
Edward A. Herzog
Geo B Bitzer
[handwritten] Now entry page 89
Filed Mch 22, 1900
Huston T. Robins,
Probate Judge
[4 pages total; name of witnesses written on every page]
Added July 15th, 1999