WILL AND CODICIL OF THOMAS BUTLER - FILED IN COSHOCTON COUNTY PROBATE COURT OCTOBER 3, 1853.
Accepted as proven on testimony of Evan Y. John and John Johnson.
Named Executors - Felix Butler and David Rodehaver; Felix Butler declined to serve; David Rodehaver accepted and was appointed.
Bond of Executor posted with Thomas [David Rodehaver - words appear crossed out] Darling and James Butler as sureties.
Thomas [?] Biggs, Isaac Darling and Samuel Severns were appointed appraisers.
Rebecca Butler, widow of deceased, came into Probate Court and after the provisions of the will of her deceased husband had been fully explained to her as such wido in the event of her refusal to take under said will she did in person make her election to take the provisions made for her in said will of her deceased husband in lieu of her dower in his estate.
THE WILL:
"In the name of the benevolent father of all, I Thomas Butler of New Castle Township Coshocton County Ohio do make and public this my last will and testment:
Item 1st I give and devise to my wife Rebecca Eight hundred dollars as it may be collected, one cow, one bed and what furniture she brought with her here (in lieu of her dower).
Item 2nd I devise and bequeath to Demey Darling, Edith Wood, Jane Horton and Mary Severns (my daughters) five hundred dollars cash to be divided equally amoung their children.
Item 3rd To my son Felix Butler I devise and bequeath two thousnd dollars.
Item 4th I devise and bequeath to my son Isaac Butler one thousand dollars the same to be left in the hands of the Executor to be put on interest and the interest to be paid to him as they may think he needs it unless in case of sickness that may cause him to need more.
Item 5th To Mary Francis Holmes, Josephine Hutchinzen, Mary Cook, Louisa Rodehaver, Ami Butler and Alpheus Butler I devise and bequeath Three hundred dollars each.
Item 6th To David Horton, Isaac Horton and Catherine Pancake I devise and bequeath ten dollars each.
Item 7th To William Horton I devise and bequeath one hundred dollars.
Item 8th To my sons Jonathan and Noah Butler I devise and beueath ten dollars each.
Item 9th To my son James Butler, I have deeded a piece of land lying joining his place on the west side of his house to be his part.
Item 10th Now after all my honest debts are paid and all matters honestly settled the balance of the money to be divided equally amongst my grand children except the named heirs afore mentioned and if it exceeds one hundred dollars to each one, then the balance to be equally divided amongst the named heretofore mentioned except Isaac Horton, David Horton and Catherine Pancake.
Item 11th The amount of money that may be coming to Phoebe Lawrence wife of George Lawrence is to be divided equally among her children when they become of age.
Item 12th If my son Isaac Butler should not live to consume the amount that I have herein described to be his share then it or the balance of it to be equally divided between James, Noah, Jonathan and Phelix [sic] Butler my heirs.
Item 13th And the amount of money coming to Noah Butler as I have described is to be equally divided amongst his heirs as they become of age.
Item 14th And also the amount coming to Jane Plowman wife of Wm H. Plowman is to be divided equally amongst her heirs as they become of age. If she should have no heirs, then the same to be divided amongst her brothers' children.
Item 15th I do hereby nominate and appoint David Rodehaver and Phelix [sic] Butler Executors of this my last will and testament hereby authorizing and empowering them to compromise, adjust, release and discharge in such manner as they may deem proper the debts and claims due me. I do hereby revoke all former wills by me made. In testimony whereof I have herewith set my hand and seal this 14th day of October A. D. 1852.
his
Thomas Butler {seal}
mark

Signed and acknowledged by said Thomas Butler as his last will and testament in our presences and signed by us in his presence and the above erasure was done before signing
John Johnson
E. Y. John
CODICIL
Whereas I Thomas Butler on the fourteenth day of October A. D. 1852 made my last will and testament of that day [I] do hereby declare the following to be a codicil to the same.
I do hereby give and bequeath to the six youngest heirs of my son Noah Butler Five hundred dollars each to be paid to them as they become of age provided they live so long.
And I do hereby give and bequeath to my son Phelix [sic] Butler the home farm on which I now reside situated in New Castle Township Coshocton County Ohio containing three huundred and forty (340) acres more or less, Provided that he pay twelve thousand dollars ($12,000.00) giving him fifteen years to pay ______ [such?] after my death without interest and the said Pheilx [sic] Butler is to pay the said twelve thousand dollars to the executors as fast as he can make it without being forced to pay any certain sum of it before the fifteen years expire and the two thousand dollars that I willed to him in the former will of October 14th A. D. 1852 I have deducted from the price of the farm so he is not to have it deducted from the twelve thousand dollars above mentioned. The said farm is to be holding for the twelve thousand dollars or any part of it till it is paid. And further the said Phelix [sic] Butler holds my notes of hand for eight hundred dollars the said notes and interest is to be deducted from the price of the farm after my death.
In testimony whereof I have hereunder set my hand and seal this 13th day of July A. D. 1853.
his
Thomas Butler {seal}
mark

Signed and acknowledged by said Thomas Butler as his last will and testament in our presences and signed by us in his presence.
John Johnson
E. Y. John"
END OF WILL AND CODICIL
(Proof of Will dated October 3, 1853 follows sign by the above.)

Submitted by:
Bill Mason
13111 156th Ave. SE
Renton, Wa. 98059