Daniel Basil Durbin Will - 1875

Daniel Basil Durbin (1934-1875)
Father of Albert C. Durbin (1859-1939)

Below is my attempt to transcribe the last will and testament of Daniel Basil Durbin.  The old english and legibility of the writing makes it difficult, but below is my first attempt at transcription.

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________________________________________

May 12th A.D. 1875

Daniel Durbin deceased.

The last will and testament of Daniel Durbin late of Auglaize County Ohio, deceased, having been, on the 12th day of May A.D. 1875 presented for Probate, thereupon said will was duly proven by oaths of Basil Durbin and Eliza Durbin subscribing witnesses thereto, who were duly sworn and examined in open Court and their testimony was ordered in writing and filed by order of the Court and it appearing to the Court from the testimony of said witnesses that "such will was duly attested and executed, and that the testator at the time of executing the same, was of full age and of sound mind and memory and not under any restraint."  It is now here ordered that said will be admitted to Probate and filed and that the same together with the testimony herein so taken and ordered in writing as aforesaid be executed.

Louis Hamaker

Probate Judge

In the name of God Amen I Dan Durbin of St. Marys Township in the County of Auglaize and State of Ohio being of sound mind and memory blessed be Almighty God for the same do make and publish this my last will and testament.

1st All funeral expenses to be paid.

2nd All Doctor bills and other ***** and legal debts to be paid out of the estate.

3rd That Ruth A Halsema my only sister to have One Hundred $100.00 dollars.

4th That the balance of my estate be equally divided between my beloved children whose names are as follows. Albert C., Margaret A., Mary E., Ruth C. and Joseph Durbin.

5th That in case of sickness those doctor bills and funeral expenses are to be paid, the guardian shall exercise his or her as the case may be, judgment of what funds such bills shall be paid of the estate or of the individual shares of said estate.

6th I do nominate and appoint George L. Axe to be the sole executor of this my last will and testament in testimony whereof I hereunto let my hand and seal and publish and decree this to be my last will and testament in presence of the witnesses named by said this sixteenth day of April in the year of our Lord one thousand eight hundred and seventy five and I also do hereby authorize George L. Axe my executor to sell my Real Estate if necessary to pay debts against my estate.

Dan Durbin

Signed, Sealed, declared, and published by the said Dan Durbin, as and for his last will and testament in presence of us who at his last request and in his presence, and in the presence of each of us have subscribed our names as witnesses hereunto.

Basil Durbin

Eliza Durbin

The State of Ohio

Auglaize County

I personally appeared in open Court Basil Durbin and Eliza Durbin the subscribing witnesses of the last will and testament of Daniel Durbin deceased who being duly sworn according to law to speak the truth the whole truth and nothing but the truth in relation to the execution of said will depose and ***** that the paper before them ****** to be the last will and testament of Daniel Durbin now deceased is the will of said deceased Daniel Durbin late of St. Marys Twp Auglaize County Ohio that the were present at the execution of said will at the request of the testator subscribed their names to the same as witnesses in his presence and that they saw the said Daniel Durbin deceased sign and seal said will and heard him acknowledge the same to be his last will and testment that the said Daniel Durbin at the time of making, signing and sealing said will was of legal age and of sound and ***** mind and memory and made no under or unlawful restraint *****

Basil Durbin

Eliza Durbin

Sworn to and subscribed in open Court this 12 day of May A.D. 1875

Louis Hamaker

Probate Judge

Recorded Sept 2 1875