Daniel "Dann" Durbin Will - 1856

Daniel "Dann" Durbin (1768-1856)
Father of Basil Durbin (1812-1889)

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

Mentioned in the will:

Philip Turney

Francis Durbin

Wife: Ann

Daughter: Terisa [sic] Durbin

Daughter: Elenor A. Durbin

Daughter: Catherine Durbin wife of Stephen Clark (1818-1871)

All three daughters appear to be from his second wife: Nancy Ann Aikenrode.

Executor: Charles Mattingly (Husband of Elenor A. Durbin?  Charles born 13 Nov 1803)

I'm still in the process of researching the names above on ancestry.com.

(Click to Enlarge)

(Click to Enlarge)

________________________________________________________________

Dan Durbin, deceased

State of Ohio

Muskingum County

Probate Court within and for said County.

May 6th A.D. 1856

The last will and testament of Dan Durbin deceased.  State of said County was this day produced in open court and partially proved by the oath of Francis Durbin, one of the attesting and inheriting witnesses thereto whose testimony in such behalf was reduced to writing and duly filed, which said testimony reads as follows to wit:

At the Probate Court, held at the office of said court, in Zanesville, Muskingum County, within and for the County aforesaid, on the 6th day of May 1856, the last will and testament of Daniel Durbin, deceased, late of said County, was produced in writing and Francis Durbin, one of the attesting and inheriting witnesses, thereto being duly sworn and examined in open Court declared that the said Testator Dan Durbin, deceased, was, at the time of executing and signing said last will and testament, of full age, of sound mind and memory and free from any restraint that he **** the same in his presence, and that he heard him acknowledge said instrument of writing ** and for his last Will and Testament and that he inscribed his name as a witness thereto in the presence of the said Testator.

Certify that the forgoing testimony was taken in open Court and reduced to writing by me and taken at the time and place specified.  

Attest Mahlon Sims - Probate Judge

And afterward to wit: on the 21st day of May, A.D. 1857, ****tion and it appearing to the Court that Philip Turney, one of the attesting and inheriting witnesses to the last Will and Testament of Dan Durbin, deceased, late of said County, resides out of the jurisdiction of this Court to wit: in the County of Knox in the State of Illinois.  It is ordered that a commission with the said last Will and Testament amend issue to Samuel Baxter authorizing and requiring him to take the Deposition of the said Philip Turney relative to the execution of said Will and that he return the same together with the said Commission and Will to this Court with all convenient speed.

And on the same day to wit: on the 21st day of May, A.D. 1857, a commission issued reading as follows to wit: The State of Ohio, Muskingum County

To Samuel Baxter, Greeting:

Know ye that I'm I'm confident of your prudence and fidelity have appointed you and by these presence do give to you full power and authority to examine and take the deposition of Philip Turney, one of the attesting and subscribing witnesses to the last Will and Testament of Dan Durbin, deceased, late of said County.  And therefore I command you that at a certain day and place, to be appointed by you, you cause the said Philip Turney to come before you and then and there examine on his corporal oathe or affirmation first taken before you, touching the due execution of the said last Will and Testament of the said Dan Durbin, deceased, of which is ***** **** for that purpose and that you reduce such examination to writing and return the same together with this Commission and the said Will closed up under your hand and Seal unto the Probate Court of said County in and for said County, this 21st day of May 1857.

Mahlon Sims Probate Judge

By ****** Deputy Clerks

And afterward to wit: on this 17th day of July A.D. 1857 the said Commission and Will were duly returned together with the deposition of the said Philip Turney, duly taken, reduced to writing, sworn to and subscribed which said Deposition reads as follows, to wit:

State of Illinois Knox County Clerks office, Junes 11th A.D. 1857, Knox County.

On this day comes before me the undersigned Clerk of the County Court of said County.  Philip Turney, to me personally known, and who being duly sworn upon his oath says that he saw Dan Durbin, the Testator to the written Will sign the same in his presence, and in the presence of Francis Durbin, the other attesting witness, and that he, the said Testator declared it to be his last Will and Testament at the time of signing the same, and that he signed the said Will an attesting witness at the request of the said Testator in his presence, and that he then believed and still believes that the said Dan Durbin was of sound mind and memory at the time of signing the same as aforesaid. 

Subscribed and sworn to before me this 11th day of June, A.D. 1857 - Philip Turney

Witness: my hand and the Seal of said Court this day and year aforesaid. **** Cooley Clerk

I, Samuel Baxter, Commissioner named in the foregoing Commission, do hereby certify that this afore named Philip Turney was by the above named ***** Cooley Clerk as above stated duly sworn in my presence, to testify the truth, the whole truth, and nothing but the truth, that the foregoing deposition was reduced to writing by the said ****** Cooley, and subscribed by the said Philip Turney in my presence and taken at the time and place stated in said Depositions.

Samuel Baxter Commissioner

And thereupon it appearing to the Court, as well as from the said Deposition as also from the testimony of Francis Durbin, the other attesting and subscribing witness to said Will, taken in open court, reduced to writing and filed May 6, 1856 that the said Will was duly attested and executed and that the said Testator Dan Durbin, deceased, was, at the time of executing and signing the same of full age, of sound mind and memory, and free from any restraint.  It is ordered that the said last Will and Testament be as of the same is hereby admitted to probate, and that the same, together with the said testimony and this entry be duly recorded.

Will:

I, Dan Durbin of Muskingum County and State of Ohio being in tolerable health and of sound mind, memory and understanding, and knowing the certainty of death and the uncertainty of the time thereof, do therefore make and publish my last Will and Testament, in manner and form following.

First, that my funeral expenses and just debts be paid.  Second, I do give and bequeath unto my beloved wife Ann, the lot of land on which we reside, to have and to hold during her natural life, and at her death it is my will that it be sold at public sale, and the money arising from such sale be equally divided between my two daughters, Terisa Durbin and Elenor A. Durbin, and in case either of the above mentioned daughters die without being of ***state, the surviving one shall have all, whereas I have given my daughters Catherine Clarke and all my former children all that I am able to give them, it is my will that my two daughters, Terisa Durbin and Elenor A Durbin each have one Cow, also, that each have one bed and furniture.  I do give my daughter Terisa Durbin the Clock and fixtures.  It is my will that my beloved wife Ann have all the residue of my personal estate, to have and to hold the same as her own, and to do with as she pleases.  I do constitute Charles Mattingly Executor of this my last Will and Testament with full power to convey any land that I am possessed of.  In witness whereof I hereunto set my hand and affix my seal, this Eleventh say of August, One Thousand, Eight Hundred, and fifty-one.  Signed.  Sealed in the presence of and delivered by the Testator who have subscribed in presence of each other and at his request

Philip Turney

Francis Turney

Dan Durbin