CHIEF:  Alastair Ivor Gilbert Boyd 7th Baron Kilmarnock

Richard G. and Jerri Lynn Boyd

568 W. Friedrich Street

Rogers City, Mich. 49779

OHIO WILLS

Luther Boyd Sr;1781-1863, Will, Delaware Co; Ohio

Record of the will of Luther Boyd (Sr.) dec'd born 1781 Vermont
Recorded in book 4, page 310, case number 1612

Proceedings had before Thomas W. Powell, Judge of the Probate Court in and for the County of Delaware and the State of Ohio at his office in the town of Delaware on the 28th day of January, 1867.

This day the last will and testament of Luther Boyd, late of Orange Township in the county, dec'd was presented to the court for probate and recorded thereupon Cicero M. Elsbee and Gustavus Elsbee the two subscribing witnesses to the said will, came into court and were duly sworn and examined, and their testamony reduced to writing, and now annexed to the said will and filed therewith; and it appearing to the Court that the said will was duly executed and attested, and that the testator at the time of execution, the same was of full age and sound mind and age and not under any restraint; thereupon the Court, upon consideration thereof, orders that the said will be administered to probate as duly proved as the last will and testament of the said Luther Boyd dec'd and ordered to be recorded as such.

Thereupon Levi Boyd the executor named in the will came into court and declined acting as such executor and thereupon the Court appointed James Phinney Administrator of the said Estate with the will annexed. who gave bonds in the sum of $100.00 with Levi Boyd, Gustavus Elsbee, Cicero M. Elsbee his sureties and accepted his appointment.

The Court appointed Franklin Kenyon, William B. McKinnie and Hudson Roe
appaisers of the estate.    Wm. Powell, Probate Judge.

                          (Copy of Will to Wit:)
             In the name of the Benevolent Father of all!

Luther Boyd of Orange Township County of Delaware, Ohio

                                                                  page 2

_____  all or any part of my real estate and deeds of purchase to execute acknowledge and deliver in fee simple-I do hereby revoke all former wills by me made.

In testamony hereof I have hereunto set my hand and seal this 28th day of May in the year of our lord one thousand eight hundred and sixty-six.

                                                       Luther Boyd (seal)
Signed and acknowledged by said Luther Boyd as his last will and testament in our presence and signed by us in his presence.

 U.S Stamp                                             C.M. Elsbee
 Jan 28, 1867                                          Gustavus Elsbee

             The State of Ohio
             Delaware County, in the matter of the last will and
             testament of Luther Boyd of Orange Township deceased.

We, Cicero M. Elsbee and Gustavus Elsbee being duly sworn in open court this 28th day of January, AD 1867, depose and say that we were present at the execution of the last will and testament of Luther Boyd of Orange Township hereto annexed; that we saw the said testator subscribe said will and heard him publish and declare the same to be his last will and testament, and that was of full age, and of sound mind and memory and not under any restraint and that we signed the same as witnesses and request and in his presence and in the presence of each other.

                                       C.M. Elsbee
                                       Gustavus Elsbee

Sworn to and subscribed before me in the Probate Court this 28th day of January A.D. 1867
            T.W. Powell, Probate Judge

I, Luther Boyd being of full age and sound mind and of Orange Township, County of Delaware, State of Ohio will and devise my last will and testament to wit:

Item 1. I devise and bequeath to my daughter Hannah Bennett two hundred dollars,

Item 2. I devise and bequeath to my daughter Diana Callahan thirty acres of land well fenced to be taken out of my farm directly opposite and across the road from lands owned by my said daughter Diana Callahan, one cow and twenty ewe sheep and all the household furniture at my death,

Item 3. I devise and bequeath to my son Levi Boyd eighty acres of land to include the homestead,

Item 4. I devise and bequeath to my son Luther Boyd Jr, sixty three acres of land to be taken from my home farm on the east side thereof running across the same from north to south. I also devise and bequeath to my said son Luther Boyd Jr.  two colts and one cow and all of my wearing apparel,

Item 5. I devise and bequeath to my daughter Mary Wilson two hundred dollars,

Item 6. I devise and bequeath to my son William Boyd's heirs, one dollar to be paid when it becomes of age,

Item 7. I devise and bequeath to my son David Boyd fifty dollars,

Item 8. I devise and bequeath to my son Abraham Boyd fifty dollars,

Item 9. I devise and bequeath to my son Levi Boyd all the money, credit notes and accounts owed by me at my decease, the said Levi Boyd being the same person named in Item 3 of my will.

Item 10. I do hereby nominate and appoint my son Levi Boyd executor of this my last will and testament hereby authorizing and empowering him to compromise, adjust, release, and discharge in such manner as he may deem proper the debt and claims due me. I do also authorize and empower him if it shall become necessary in order to pay my debts to sell by private sale or in such manner and upon such terms of credit or otherwise as he may think.

Luther Boyd Jr, 1830-1887 Will/Guardianship

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My Harris Family

Luther Boyd Jr;1830-1887, Will, Delaware County, Ohio

  Will/Guardianship of Luther Boyd Jr.
 

Luther was married twice; his first wife Eliza Jane French (m. 1857) died about 1871. His second wife, (m. 1872) Mary Ann (Searles) Hullner/Hollander, died in 1879.  Luther died in 1887, aged 57, with two minor children.  The farm and contents were sold to pay debts and care of the two minor children, Abraham and Luther, III.  The will is 85 pages in length and was not finalized until 1897.

As I try to make sense of all the pages I find that Abraham L. Boyd was age 16 and Luther Boyd was aged 11 and  were placed under the guardianship of Michael Slattery 27 December 1887.  Michael was an uncle who married Ellen Boyd, a daughter of Levi Boyd, brother of Luther Boyd Jr.    More on Luther Boyd Jr. and Family

December 1, 1887 Sale Bill. Estate sale included the normal household items in the estate and listed the purchaser as well as how much was paid for said items.  Family members buying items at this sale were: Andrew. J. Boyd (Iron Kettle), Richard Boyd (2 kegs of pickles), Abraham Boyd (corn cutter& pitchfork), Edward Boyd (cart), Lewis Loop (plow), Ida Boyd (5 chairs) Emma Sebring (bedstead and bedding), Columbus Sebring (shot gun). Total of sale items came to $227.32.

January 2, 1888 Lewis Center, Delaware County, Ohio. To the Honorable Probate Judge of Delaware County, Ohio.  "Dear Sir, I respectually ask for an additional allowance of $20.00 as I consider $40.00 (as provided) inadequate to meet the expences of my ward, Luther Boyd, for one year, for the following reasons:  he is in a manner bare-footed and destitute of a change of any garment with the exception of three summer shirts.  For those reasons I respectfully ask that the allowance be made Sixty instead of Forty dollars.  Respectfully, Michael Slattery, Guardian of Luther Boyd.

April 16, 1888  "paid Richard Boyd while helpless with broken leg, $3.00. Paid R. C. Alexander, MD for setting broken leg and five office visits, $20.00.
Note:  Richard Boyd 1861-1934 was my Great Grandfather.

October 27,  1888 Joseph Callahan is named guardian of Abraham Boyd who was age 17 years. Joseph Callahan was the son of Diana Boyd Callahan.

June 27, 1892  Guardian (Joseph Callahan) says that his ward Abraham Boyd has arrived at the full age of twenty-one and that this is his final account and that he has settled with his said ward and filed his final receipt herewith and asks to be discharged from further liability on account of said trust."

January 31, 1897  Account of Final Distribution. "To Lollie Boyd $17.72.  To Joseph Callahan guardian of Abraham Boyd, $17.72.  Mike Slattery guardian of Luther Boyd, $17.72.  Richard Boyd, $17.72.  Emma (Boyd) Sebring, $17.72."

April 20, 1897  "said ward having arrived at the age of 21 years April 25th 1897
there is no further necessity for continuing said trust and having paid to the said ward the said amount of $294.99 and filed herewith his receipt: he (Michael Slattery) asked that he may be discharged from further liability as such guardian."
 

         John A. Bright, Administrator, Deed to Andrew J. Boyd

Know all men by these presents: That whereas John A. Bright as administrator
of the estate of Luther Boyd (Jr.) deceased, on the 28 Day of November A.D.
1887, filed his petition in the Probate Court Court, within and for the County of
Delaware and State of Ohio, praying for our order to sell the following described
(among other) real estate of the said Luther Boyd deceased situated in said County, to wit:  (see note below)

Situated in the Township of Orange, County of Delaware, and State of Ohio and
bounded and described as follows:  Being part of the land heretofore by Ransom Clements: deceased, late of Orange Township, Delaware County, Ohio and being a part of lot number two (2), Range eighteen (18) Township Three Sector three (3); Beginning at a stone in a ditch at the North West corner of lot number two (2) thence south 88 (degrees) (45 minutes) E. One hundred and thirty and one sixth (130 degrees 6 rods to a stake in the State Road; thence south west along said road three hundred and eighteen (318) chains to a stake in said road;  thence North 88 degrees  45 minutes West one hundred and twenty-seven and one half (127 1/2) rods to a stake one (1) rod south west from a sugar maple; thence North 1 degree 30 minutes East, twelve and one half rods (1`2 1/2 ) to the place of beginning. Containing nine (9) acres and one hundred and foorty-eight and one-half  (148 !/2 rods of land bounded on the East by state road South by lands owned by Hamman Albert, west by land owned by C.C.C. and I Railway Company and North by lands owned by Levi Boyd;  for payment of the debts of said decedents, and the expenses of administering his estate, free of dower and said John A, Bright was ordered to sell said premises according to law subject to said dower estate, and whereas: said John A. Bright having first duly advertised said premises for sale on the 12 day of January 1888, sold the same free of dower at private sale to Andrew J. Boyd for the sum of Four hundred ($400.00) dollars, and the sale to Andrew J. Boyd having complied with the terms of sale, said sale was afterward approved and confirmed by said Court and said John A. Bright Administrator was ordered to execute and deliver to the said purchaser a proper deed for said premises, according to statute in such cases made and provided; all which will more fully appear by the records of said Court to which reference is here made and therefore, I the said John A. Bright, administrator of Luther Boyd dec'd  as administrator as aforesaid in consideration of the premises and by virtue of the powers in me vested by law and the order of said Couirt do hereby give, grant, bargain, sell, order; the said Court do hereby give, grant, etc., to Andrew J. Boyd and to his heirs and assigns forever.

In testimony whereof, I, as administrator as aforesaid, hereunto set hand and seal 12 January 1888.
                                         John A. Bright

Recorded 12 January 1888.  Henry G. Sheldon, Notary Public
 

Note:  Andrew J. Boyd was a cousin of Luther Boyd Jr. and nephew of the Levi Boyd mentioned in the record above.  Andrew was son of Levi Boyd also mentioned in the record.

Note: I have not been able to find any in further data on Luther Boyd III, minor, above. I have no idea what happened to him after the will/trust was ended.
 

Luther Boyd Senior's Will

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My Harris Family

NOTE: Use this data as a finding tool, just as you would any other secondary source. When you find the name of an ancestor listed, confirm the facts in original sources.

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