Patrick Harless
The State of Ohio, Darke County ss.
Be it remembered that on the twenty ninth day of August, in the year of our Lord eighteen hundred and fifty three, before the Probate Court of said county a writing was produced purporting to be the last will and testament of Patrick Harless late of said County dec’d and Riley Gard and Seth Gard the subscribing witnesses to said will appeared in open court and on oath testified to the due execution and attestation of said will, and said testimony reduced to writing and by said witnesses subscribed is annexed to and filed with said will. And it appearing to the court that said will was duly attested and executed, and at the time of the execution thereof the said testator was of full age, of sound mind and memory, and not under any restraint, the court admit said will to probate, and order the same together with the said testimony to be recorded, and the same is in the words and figures following to wit
I, Patrick Harless, of the County of Darke in the State of Ohio, do make and publish this my last will and testament, in manner and form following that is to say:-
First, it is my will that my funeral expenses and all my just debts be fully paid.
Second, it is my will after all is settled up for my wife Catharine Harless to have all that is left, that is now in my possession, and is now owned by me.
And lastly, I hereby constitute and appoint my said wife Catharine Harless, and Samuel Deniston to be the executors for this my last will and testament, and satisfying and confirming this and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and seal this 19th day of April 1853.
Patrick x Harless
his mark
Signed published and declared by the above named Patrick Harless for his last will and testament in presence of us, at his request have signed as witnesses to the same.
Riley Gard
Seth Gard
The State of Ohio, Darke County ss.
In Probate Court, August 29th AD 1853, Personally came into open court, Riley Gard & Seth Gard subscribing witnesses to the last will and testament of Patrick Harless late of said county deceased who being duly sworn depose and say that they were present at the execution of the will – that they saw the testator sign, and heard him acknowledge the same as his last will and testament, and that at the time of the execution thereof the said testator was of full age, of sound mind and memory and not under any apparent restraint.
Riley Gard
Seth Gard
Sworn to and subscribed in open court the day and year first above written.
John Wharry
Probate Judge
And afterwards on the fifth day of October in the year aforesaid, before the court aforesaid came Catharine Harless widow of the said testator, and the court having explained to her the provisions of said will, and her rights under it, and also her rights by law in the event of her refusing to take under said will, whereupon she made her election in open court to take the provision made for her in the said last will and testament.
And now at this day to wit on the day and year last aforesaid before the court aforesaid came Catharine Harless one of the Executors named in said will and renounced said trust, and Samuel Deniston the remaining executor named therein accepted said trust and gave bond in the sum of ten hundred dollars with Benjamin Wilson and London Arnold his sureties conditioned according to law which is accepted and approved by the Court, whereupon it is ordered that letters testamentary on the said last will and testament issue to the said Samuel Deniston as the Executor thereof.
John Wharry
Probate Judge